Analysis of Islamic Criminal Law Perspectives on Domestic Violence in Indonesia

Mahrus Ali

Andi Muliyono

 

Abstract: This article analyses the perspective of Islamic criminal law on domestic violence. It primarily rebuts the assumption that Islam allows a husband to beat his wife to meet the educational obligation to always obey God. Based on the conceptual exploration of the verses in Qur’an, hadith (saying of the Prophet Mohammed) and opinion of scholars, this article argues that the assumption of encouraging the husband to beat the wife is unfounded. This argument is based on the interpretative methodology that meaning of a verse in Qur’an should be understood by taking into consideration the other relevant verses and the overall purpose of Islamic law. When this interpretive methodology is accepted and applied, there is no justification of wife-beating in Islamic law. In this context, the article finds that the Indonesian Law No. 23 of 2004 concerning the Elimination of Domestic Violence is in accordance with Islamic law when it declares domestic violence as ta’zir and its punishment as the rights of the ruler and the judge.