Pelaksanaan Tindak Pidana Pemerkosaan (Studi Komparasi antara Hukum Islam dan Qanun Jinayat di Aceh)

Bibliographic Data

ID22332473
AuthorsNurhayati Nurhayati (0000-0001-9875-5011, North Sumatra Islamic University, corresponding author)
Year2018
Volume12
Issue1
Pages17-30
Publication date2018-06-22
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAl-Manahij: Jurnal Kajian Hukum Islam (JOURNAL)
Journal identifiersISSN: 1978-6670 • E-ISSN: 2579-4167
PublisherUIN Prof. K.H. Saifuddin Zuhri (PUBLISHER)
DOI10.24090/mnh.v12i1.1358
OpenAlexW2851109865
LanguageEN
Citations received3

Rape is a sexual crime that indicates highly enough rate in Indonesia. Rape according to the view of Islamic law is different from adultery. Adultery is sexual intercourses between man and woman without legal marriage and carried out consciously on the basis of mutual needs. Rape is not doing of just sexual intercourse but it has additional element that is carried out with force, violence or threats. Sanctions against rapists according to Islamic law is exactly the same as the act of adultery that is stoning and damping. Such sanctions apply only to rapists and not to the victim. Acehâ€TMs QaÌ„nuÌ„n on JinaÌ„yat (criminal) law for the people is regulated in Regional Regulation (PERDA) No. 6 of 2014. QaÌ„nuÌ„n JinaÌ„yat for the people of Aceh is a unity of criminal law formed based on Islamic Shari'ah values derived from the Qurâ€TMan and HÌ£adiÌ„ṡ. According to QaÌ„nuÌ„n JinaÌ„yat Aceh, everyone doing sexual rape crime is threatened with †̃uquÌ„bat taâ€TMziÌ„r which in its application there is a difference of punishment with what is in the view of Islamic law

Adultery · Criminal law · Criminology · Islam · Political science · Sanctions · Sharia · Sociology · Theology · Gender and Women's Rights · Law · Legal and Social Justice Studies · Legal Studies and Policies · Philosophy · Psychology · Social Psychology

Tools

Open DOIOpen Access