Tindak Pidana Kekerasan Dalam Rumah Tangga Perspektif Hukum Pidana Islam

Abstract

Domestic violence is a form of criminal offense that not only causes physical and psychological suffering to victims but also undermines the fundamental objectives of marriage in establishing a family based on tranquility, love, and mercy. From the perspective of Islamic criminal law, acts of violence against family members are fundamentally contrary to the principles of protecting human life, dignity, and honor upheld by Islamic law. This study aims to analyze domestic violence from the perspective of Islamic criminal law and to identify the forms and sanctions applicable to perpetrators based on the principles of fiqh jinayah. This research employs a normative juridical method using a conceptual approach and a statutory approach. The research data were obtained through a literature review of the Qur'an, Hadith, classical and contemporary Islamic jurisprudence, scholarly books, academic journals, and statutory regulations concerning domestic violence. The findings indicate that domestic violence, from the perspective of Islamic criminal law, constitutes a prohibited act because it contradicts the principles of protecting life (hifz al-nafs), honor and dignity (hifz al-'ird), and lineage (hifz al-nasl). Physical violence resulting in injury may be examined under the concept of jarimah qisas-diyat, while acts of violence that do not meet the requirements for qisas may be subject to ta'zir sanctions based on judicial consideration and public welfare. Psychological violence, domestic neglect, and other forms of abuse likewise contradict the Islamic principle of mu'asyarah bi al-ma'ruf, namely treating one's spouse with kindness and respect, as well as the objectives of marriage in Islam. Therefore, Islamic criminal law provides a strong framework for protecting victims of domestic violence through the prohibition of physical abuse, the obligation to treat family members properly, and the imposition of sanctions on perpetrators. The Islamic criminal law approach can also provide a constructive perspective for strengthening victim protection and preventing domestic violence within the Indonesian legal system.