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All Journal Al Fuadiy: Jurnal Hukum Keluarga Islam Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Noor Izzati Amelia
IAIN Palangka Raya
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perubahan UU No.16/2019 Tentang Batasan Minimum Pernikahan Noor Izzati Amelia; Nur Najwa; Nor Harika
Al Fuadiy : Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2023): Juni : Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i1.451

Abstract

In general, there are many marriages in Indonesia with various kinds and ages. Many underage marriages also occur in Indonesia because there are still many people who do not understand the importance of the age of adulthood to enter into marriages, causing many impacts from underage marriages. The impact is that there are many divorces, death for the mother and child due to the age for the mother who is too young and does not have the physical and mental strength so that it can interfere with the child in her womb. Marriage which takes place among minors is one of the phenomena that is very common in social life which is very widespread everywhere, both in urban and rural areas. Because some of the people who still do not understand the impact that will arise as a result of underage marriages consider underage marriages to be normal. The purpose of writing this journal is to find out the changes to Law NO.16/2019 regarding the minimum limit for marriage. The research method used is normative juridical with a statute approach. The data used is secondary data which examines library materials originating from laws and regulations, government regulations, books, journals, and mass media which are arranged into sentences and grammar that are interrelated with legal research.
Tindak Pidana Zina dan Penuduhan Zina: Kajian Hukum Pidana Islam Noor Izzati Amelia; Radiatus Sholehah; Khairunnisa Khairunnisa
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 2 (2024): April : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i2.172

Abstract

Zina and accusations of adultery (qadzaf) are two central themes in Islamic criminal law. This research examines the definition, proof, and sanctions of zina and qadzaf from the perspective of Islamic criminal law using the literature method. Zina is defined as sexual intercourse outside a legal marriage, while qadzaf is accusing adultery without sufficient evidence. In Islam, adultery is proven by four witnesses, confession of the perpetrator, or other supporting evidence. The punishment for muhsan adulterers (married) is stoning, while ghairu muhsan (unmarried) are flogged 100 times. Meanwhile, qadzaf can be proven by four witnesses, confession of the perpetrator, or an oath (according to Imam Shafi'i). The punishment is 80 lashes and the testimony of the perpetrator is not accepted. Islamic criminal law strictly regulates adultery and qadzaf with high evidentiary requirements and severe sanctions. This type of research is a qualitative literature study and uses a descriptive analysis method, namely by analyzing various sources and relevant data. The existence of this prohibition of adultery and qadzaf aims to prevent harm, maintain honor, and uphold the benefit (maqashid sharia).
Co-Authors Khairunnisa Khairunnisa Nor Harika Nur Najwa Radiatus Sholehah