International Journal of Contemporary Islamic Law and Society
Vol 8 No 1 (2026)

A Comparative Study of Positive Criminal Law and Islamic Criminal Law on Child Protection

Ida Lestiawati (State Islamic University Datokarama Palu)
Nurdin Nurdin (State Islamic University Datokarama Palu)
Marzuki Marzuki (State Islamic University Datokarama Palu)



Article Info

Publish Date
01 Jul 2026

Abstract

This study examines legal protection against the commercial sexual exploitation of children through a comparative analysis of Indonesian criminal law and Islamic criminal law. Using a normative legal research method with a prescriptive approach, the study analyzes legal doctrines, statutory regulations, Islamic legal principles, and relevant literature. The findings reveal that commercial sexual exploitation of children remains influenced by poverty, socio-cultural conditions, political factors, social stigma, and weaknesses in law enforcement. Indonesian criminal law provides protection through a mixed sentencing system emphasizing punishment, prevention, and victim protection, while Islamic criminal law offers a comprehensive framework based on maqashid al-shari'ah and ta'zir sanctions. The comparative analysis demonstrates that integrating the legal certainty of positive law with the moral and preventive values of Islamic law can strengthen child protection and enhance efforts to prevent and combat commercial sexual exploitation of children. The study proposes a reconstructed legal protection model that is more comprehensive, victim-oriented, and responsive to contemporary challenges.

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Journal Info

Abbrev

ijcils

Publisher

Subject

Religion Social Sciences

Description

The International Journal of Contemporary Islamic Law and Society provides an academic forum on topics of Islamic law as a social phenomenon in the contemporary era, in Muslim and non-Muslim countries. The International Journal of Contemporary Islamic Law and Society encourages discussion on ...