Rechtenstudent Journal
Vol. 7 No. 2 (2026): Rechtenstudent August 2026 (In Progress)

A Maqasid al-Shariah Evaluation of the Death Penalty for Child Sexual Crimes

Alon Maemanah (University of Jember, Indonesia)
Ainul Azizah (University of Jember, Indonesia)
Moh. Ali (University of Jember, Indonesia)



Article Info

Publish Date
01 Jul 2026

Abstract

Sexual violence, particularly sexual intercourse with children, is a serious crime that causes deep trauma, material and immaterial losses, and threatens the victim’s future. In 2024, Indonesia recorded 8,674 cases. Children, as the weaker party, often become targets, so perpetrators are frequently given severe punishments, including the death penalty. In Islamic law, sexual intercourse with children is equated with the crime of hirabah because it forcibly violates a child’s honor; therefore, harsh punishment, including death, is considered consistent with maqashid shariah in protecting religion, life, intellect, lineage, and property. This study examines the urgency of the death penalty for perpetrators of sexual intercourse with children, the characteristics of this crime, and the future concept of capital punishment within the framework of maqashid shariah. Using a normative juridical method with statutory, conceptual, case, and comparative approaches, the study finds that such acts violate the protection of life, intellect, and lineage, and therefore the death penalty is considered legitimate as protection, prevention, and public benefit, in line with Indonesian law and as a deterrent to this extraordinary crime.

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Journal Info

Abbrev

rch

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Subject

Description

Rechtenstudent Journal publishes articles on law studies from various perspectives, literature studies, and field studies. This journal emphasizes aspects of positive legal with special reference to socio-legal activities, legal politics, criminal, civil, and the doctrine of both positive law/ ...