Year: 2024
Type: article
Abstract: 70% of domestic violence problems were resolved using the penal mediation method. Penal mediation has become an alternative case resolution amidst the increase in cases of domestic violence in recent years. Nearly 3,000 cases of domestic violence were recorded in West Java Province. In Islamic law, cases of violence are strictly prohibited, because Islam is a religion that upholds human values and peace. Therefore, this writing aims to find out the principles of Islamic law in implementing penal mediation, especially in cases of domestic violence, as well as to find out what challenges are faced in implementing penal mediation in general and from an Islamic perspective. The research method used by the author is empirical juridical with qualitative data collection techniques through interviews, field observations, and literature studies. The results of this research show that there is a connection between the principles of Islamic law and the implementation of penal mediation in domestic violence cases, one of which is stated in Surah An-Nisa verse 35, and normative challenges were found in the implementation of penal mediation, as well as the community's mistakes in understanding Islamic law. in the form of peace.
Source: LITIGASI
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $131
OpenAlex ID: W4404550359