Islamic Criminal Law Response on Physical Violence in the Household on Law No. 23 of 2004

Abstract

In the perspective of Islamic criminal law, it does not recognize domestic violence. There are many arguments for naqli and aqli which teach fellow human beings to love one another and not to hurt each other either physically or psychologically. A husband should not feel superior and selfish in the household as well as a wife who should not be nusyuz. According to the majority of scholars, they define nusyuz as a wife’s deportment leaving out of the obligation to obey her husband or a deviant act that arises and is committed by a wife to her husband. Regarding domestic violence incidents that have been regulated in positive law, Islamic criminal law should also regulate these domestic violence incidents, but the Islamic criminal law literature has not explained in detail the sanctions for these domestic violence incidents. In this study, the authors used a type of literature review research, which is a type of research whose data sources are already available in libraries and digital access, which is normative research. The conclusion of Islamic criminal law perspective clarifies that if there is physical violence against a partner or family that causes death or injury and so on, then this is categorized as a jarimah of punishment in ta'zir. In a positive legal perspective, the sanctions for domestic violence against physical violence, this proves that the purpose of maqasid sharia in positive legal sanctions is related to the five aspects of maqasid sharia; preservation of religion, maintenance of soul, maintenance of off spring, maintenance of assets and maintenance of reason.