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INDONESIA
Islamic Studies and Law
Published by PT. Riset Anak Bangsa
ISSN : -     EISSN : 31638376     DOI : https://doi.org/10.66618/
Core Subject :
Islamic Studies and Law is dedicated to the advancement of scholarly research across Islamic studies and legal disciplines through theoretical, historical, and empirical perspectives. Utilizing multidisciplinary and comparative approaches, the journal aims to enrich Islamic intellectual scholarship and foster critical academic dialogue between classical Islamic traditions and contemporary global developments. The journal scope encompasses indepth inquiries into Islamic philosophy and its comparative intersections with diverse philosophical traditions, the evolution of Islamic educational systems, methodologies, and curriculum design, and critical analyses of Islamic jurisprudence Sharia alongside comparative legal frameworks. Furthermore, it addresses spiritual and doctrinal dimensions through the study of Sufism, mystical traditions, and theological discourse Kalam, as well as historical and modern examinations of scientific inquiry and Muslim contributions to civilizational history. This comprehensive scope extends to classical and modern Islamic literature, the principles of Islamic economics and finance contrasted with conventional paradigms, the cultural and aesthetic heritage of Islamic art and architecture, psychological paradigms within Islamic thought compared to modern psychological theories, interfaith dialogue and comparative religion, and the sociocultural dynamics surrounding the preservation and transmission of Islamic traditions globally.
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Articles 31 Documents
Public Prosecutor's Sentencing Demand in a Father-Daughter Sexual Violence Case: A Juridical and Maqashid Al-Sharia Analysis Fitri Yani; Fatahuddin Aziz Siregar; Ihsan Helmi Lubis
Islamic Studies and Law Vol. 1 No. 3 (2026)
Publisher : PT. Riset Anak Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66618/isl.v1i3.1556

Abstract

Sexual violence committed by a father against his adult daughter raises a difficult question of statutory choice when the parties remain biologically related but no longer share an active household. This study examines Case Reg. No. PDM-28/SIPIROK/Eku.2/11/2024 and the Public Prosecutor's decision to rely on Article 6(c) in conjunction with Article 15(1)(a) of Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), rather than Law No. 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT). Using a qualitative single-case design, the study draws on a semi-structured interview with the handling prosecutor, the indictment as a supporting case document, and relevant legal literature. The statutory comparison indicates that, within the prosecutor's legal construction, UU TPKS more directly addresses abuse of position, trust, and influence without requiring proof of direct physical force. Through Imam Asy-Syathibi's maqashid al-sharia framework, the sentencing demand is assessed against hifz al-din, hifz al-nafs, hifz al-'aql, hifz al-nasl, and hifz al-mal. The analysis further shows that the absence of physical violence cannot be equated with consent because non-physical coercion may arise from psychological domination, economic dependency, and unequal family power relations.

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