{"title":"Hukuman Terhadap Tindak Pidana Kekerasan dalam Rumah Tangga Menurut Hukum Islam","authors":"Risdianto Risdianto","doi":"10.35878/ISLAMICREVIEW.V10I1.266","DOIUrl":null,"url":null,"abstract":"Domestic violence is a serious concern of all parties, thus giving birth to Law Number 23 of 2004 concerning the elimination of domestic violence. According to Islam, domestic violence is different from other criminal acts, such as murder, injuring qisahah, theft by cutting off hands, adultery with caning or stoning. The basis for criminal sanctions for domestic violence is not explained in the text (al-Qur'an and Hadith), so the punishment is expressly absent. This study uses a qualitative method that aims to enrich the scientific treasures of Islamic law and input for parties related to legal matters. The research found that domestic violence criminal sanctions are ta'zir punishment determined by the ruler (government), because it is not explained in the al-Qur'an or Hadith, so that its existence is left to the ruler's decision. This punishment (Jarimah) ta'zir is different from other punishments such as murder, adultery, theft and others whose explanation is contained in Islamic law.","PeriodicalId":54352,"journal":{"name":"Information Retrieval Journal","volume":"27 1","pages":"59-76"},"PeriodicalIF":1.7000,"publicationDate":"2021-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Information Retrieval Journal","FirstCategoryId":"94","ListUrlMain":"https://doi.org/10.35878/ISLAMICREVIEW.V10I1.266","RegionNum":3,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"COMPUTER SCIENCE, INFORMATION SYSTEMS","Score":null,"Total":0}
引用次数: 2
Abstract
Domestic violence is a serious concern of all parties, thus giving birth to Law Number 23 of 2004 concerning the elimination of domestic violence. According to Islam, domestic violence is different from other criminal acts, such as murder, injuring qisahah, theft by cutting off hands, adultery with caning or stoning. The basis for criminal sanctions for domestic violence is not explained in the text (al-Qur'an and Hadith), so the punishment is expressly absent. This study uses a qualitative method that aims to enrich the scientific treasures of Islamic law and input for parties related to legal matters. The research found that domestic violence criminal sanctions are ta'zir punishment determined by the ruler (government), because it is not explained in the al-Qur'an or Hadith, so that its existence is left to the ruler's decision. This punishment (Jarimah) ta'zir is different from other punishments such as murder, adultery, theft and others whose explanation is contained in Islamic law.
期刊介绍:
The journal provides an international forum for the publication of theory, algorithms, analysis and experiments across the broad area of information retrieval. Topics of interest include search, indexing, analysis, and evaluation for applications such as the web, social and streaming media, recommender systems, and text archives. This includes research on human factors in search, bridging artificial intelligence and information retrieval, and domain-specific search applications.