Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Vol 10, No 1 (2025): June 2025

A Comparison of Domestic Violence Settlement from the Perspective of Islamic Law and Positive Law in Indonesia

Andriyani, Yani (Universitas Kuningan)
Fansuri, Hamzah (Unknown)



Article Info

Publish Date
13 Jun 2025

Abstract

The numerous cases of household violence in Indonesia suggest that the state still has significant work to do in addressing it. Despite having its claim laws, it appears that their execution still has deficiencies. The purpose of this paper is to examine how Islamic Law and Positive Law in Indonesia compare to Domestic Violence. A qualitative method with a normative approach is employed in this research. The research results show that the sanctions prescribed in Islamic law are based on the application of takzir, qishash, and diat. Meanwhile, positive law provides criminal sanctions and fines. The primary objective in criminal acts of physical violence within the family is to deter or punish the perpetrator so that peace and the progression of community life are maintained. The state plays a role in enforcing amar ma'ruf nahi munkar, including in household matters. The state is obliged to provide protection, services, and recovery for victims.

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Journal Info

Abbrev

inklusif

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal INKLUSIF is a journal organized by Department of Syari’ah, Post Graduate Programe Syekh Nurjati State Islamic University. It only publishes original papers (no plagiarism) of literature and field research related to the Study and Research of Economics and Islamic Law. It focuses on ...