Pemerkosaan Dalam Perkawinan Menurut Hukum Islam Dan Hukum Pidana

Abstract

 ABSTRACT. 

Purpose – This study aims to examine marital rape from the perspective of Islamic law and Indonesian criminal law. It also seeks to understand the ideal pattern of husband-wife relations within a household, particularly in the context of fulfilling sexual rights and responsibilities.. 

Methodology – The research uses a qualitative approach through a library research method. Data were collected from Islamic literature, classical fiqh texts, relevant laws and regulations such as Law No. 23 of 2004 on the Elimination of Domestic Violence (PKDRT), and academic journals. The analysis was conducted using normative and contextual approaches. 

Findings – The study finds that in Islam, marital relations must be based on the principle of mu’asyarah bil ma’ruf (living together in kindness). Coercion in sexual relations, even within marriage, contradicts Islamic values of justice and compassion, and is categorized as a form of violence. The PKDRT Law recognizes such acts as criminal offenses, thus providing a legal basis for victims to seek justice. 

Originality/Novelty – This research provides an integrative analysis combining Islamic law and criminal law perspectives on marital rape—an issue that remains culturally sensitive and rarely discussed openly in public discourse or legal scholarship. 

Implications – The study emphasizes the need for legal education within society about household rights, especially regarding fair and consensual sexual relations. Furthermore, legal authorities, religious institutions, and policymakers must ensure legal protection for victims of sexual violence within marriage and encourage legal reform responsive to gender justice. 

Keywords: Rape, Domestic Violence, Marital Rape