Comparative Analysis of Qadzaf Punishment in Islamic Law and Defamation under Indonesia’s ITE Law: Legal Perspectives on Honor, Reputation, and Public Morality
Year: 2024
Type: article
Abstract: This research explores the comparative legal frameworks governing defamation related to zina accusations by analyzing the Qadzaf punishment in Islamic law alongside the defamation provisions under Indonesia’s Information and Electronic Transactions (ITE) Law. The study aims to examine how these distinct legal systems address the protection of reputation, honor, and public morality, highlighting their principles, evidentiary requirements, and sanctions. Using a qualitative normative approach through literature review and legal analysis, the research identifies the strengths and limitations inherent in both frameworks. The findings reveal that while Qadzaf enforces strict evidentiary standards and severe penalties rooted in religious ethics, the ITE Law provides a broader but sometimes ambiguous statutory protection of reputation in the digital age. This dual legal context presents challenges and opportunities for harmonization to ensure justice, fairness, and respect for human dignity. The research offers policy insights for lawmakers, judges, and practitioners navigating defamation cases in pluralistic legal settings, contributing to the ongoing discourse on legal harmonization and human rights protection in Indonesia.
Source: Syariat
DOI: 10.35335/axb0ab13
Authors: Mohammad Zidan Anshary, Rafardhan Rafardhan, Althaf Hasan
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410742385