Marital Rape from the Perspective of the Law on Sexual Violence Crimes and the Maqashid al-Shari'ah

Abstract

Marital rape, the forcing of sexual relations by a husband upon his wife remains an issue not explicitly regulated in the Criminal Code (KUHP), although certain elements are covered by the Law on the Elimination of Domestic Violence (UU PKDRT) and the Law on Sexual Violence Crimes (UU TPKS). This study examines marital rape from the perspective of the TPKS Law and maqashid sharia (the objectives of Islamic law). The findings indicate that the TPKS UU offers broader coverage regarding victims and criminal penalties, while also placing greater emphasis on preventive measures compared to the PKDRT UU. From an Islamic legal perspective, the principle of mu'asyarah bil ma'ruf (treating one's spouse with kindness and fairness) mandates that a husband treat his wife well; Consequently, forcing sexual relations without regard for the wife's condition contravenes this principle. The study concludes that marital rape constitutes a form of violence with physical and psychological impacts on the victim, thereby necessitating a strengthened legal framework that aligns with the values of justice and humanity inherent in Islam.