Journal articles on the topic 'Adultery'
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Barnard, Benno, Stefaan van den Bremt, Marco Antonio Campos, and David Colmer. "Overspel / Adulterio / Adultery." Sirena: poesia, arte y critica 2007, no. 1 (2007): 80–81. http://dx.doi.org/10.1353/sir.2007.0012.
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Farhan, Shukr. "The Punishment of Adultery in Islamic law and Iraqi law: A contrastive Study." Islamic Sciences Journal 13, no. 7 (March 17, 2023): 378–406. http://dx.doi.org/10.25130/jis.22.13.7.1.16.
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This paper deals with explaining the definition of adultery in language and Sharia، the extent of the limit for adultery and the evidence for prohibition. It also shows the limit of the unmarried adulterer in Islamic law and the limit of the married adulterer in Islamic law. The researcher then talked about the limit of adultery in Islamic law، compared to the punishment issued by the Iraqi Penal Code of 1969. A comparative study is conducted and arrived at consequences of both that: If adultery spreads in a nation، then it withers away and its population decreases، and there some scientist who state that adulterers must be stoned for a hundred times and their skin is probably thrown also.
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Abd, Obaid. "The Effect of Fornication in Spreading the Sanctity of A Comparative Study Between Sharia and Positive Law." Islamic Sciences Journal 11, no. 8 (March 17, 2023): 291–316. http://dx.doi.org/10.25130/jis.20.11.8.14.
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It is revealed through my research by the theme (Adultery and its effect in spreading the sanctity), that the Islamic forbade adultery and considered it one of the major crimes and imposed the most severe penalties. If the adulterer is not married, the punishment is one hundred lashes ,but if he is married, male or female, his punishment is stoning to death.
If the crime of adultery is committed with an incest, the majority of Muslim jurists unanimously agree that his punishment is stoning until death.
However, lawfully the crime of adultery is not considered a crime unless the adultery committed by a man or a woman on the marital bed
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Krishnakant Jha, Nitin. "Critically Analyse Provisions of Adultery in Indian Context." Journal of Legal Studies & Research 08, no. 06 (2022): 320–29. http://dx.doi.org/10.55662/jlsr.2022.8603.
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Adultery is derived from a French word, about that has evolved from the Latin verb, “adulterium”, means to corrupt[1]. Adultery is defined as the consensual extramarital sexual relationship that is considered objectionable on social, religious and, moral and earlier on the legal grounds as well. Though adultery is decriminalized, it still exists as a delinquent act as it violates social norms which an individual is believed to be followed. Since the last 158 years, it was treated as a crime but after the verdict of Hon’ble Supreme Court in Joseph Shine v. Union of India, adultery is decriminalized and remained merely a civil wrong rather criminal offence. There were two major contentions for the decriminalization of adultery. They were:- This section provided husbands with the right to prosecute their wives’ adulterer while wives were deprived to complain against the adulteress of their husbands. The section was ignorant on the matter of the adulterous act of the husband.
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Wahyuziaulhaq and Kahar Muzakir. "Review of Islamic Law and the Criminal Code Against the Practice of Adultery." International Journal of Scientific Multidisciplinary Research 1, no. 2 (March 9, 2023): 57–68. http://dx.doi.org/10.55927/ijsmr.v1i2.3294.
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Punishment has also been determined This article aims to describe the review of Islamic law and the criminal law code against the practice of adultery. A very bad act not only from an Islamic point of view but also from the point of view of the Criminal Code. However, by using the method of comparative analysis found differences between Islamic Law and the Criminal Code in defining the term adultery and its legal consequences. Sexual relations between young couples are not categorized as adultery in the Criminal Code because they are not currently in a legal marriage bond. The Criminal Code also does not ensnare adulterers who do not comply with Article 27 BW even though they are in a legal marriage bond. In addition, if the husband or wife of the adulterer gives permission to his partner to commit adultery, then Article 284 cannot prosecute him. Meanwhile, in the view of Islamic law, every sexual relationship outside of legal marriage ties is categorized as an act of adultery, and the in the Koran
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Listyowati, Rini. "An Analysis on Adultery in Hawthorne’s The Scarlet Letter." International Journal of English Education and Linguistics (IJoEEL) 2, no. 2 (December 23, 2020): 11–20. http://dx.doi.org/10.33650/ijoeel.v2i2.1435.
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Abstract. The main feature of the research discusses the adultery on Hester Prynne and Arthur Dimmesdale in Hawthorne’s The Scarlet Letter. Adultery is caused by several things and has impact to the doers. The research purposed is to find out the factors cause adultery done by the two main characters and the impacts on the doers. The research is qualitative research. Therefore, it applies descriptive method since the writer describes the analysis based on the data and the theories. The research uses psychological approach that just focuses on the psychological condition of adultery’s doers. The data are collected from the original text of The Scarlet Letter, then analyzed in terms of factors and impacts of adultery. The result of the research was clearly found and explained that the act of adultery is caused by several things, namely need of safety, need of affection, need of love and belongingness, and need of sex. while its impacts make the doers experience certain psychological conditions, these are esteem need, psychotic anxiety, safety need, develop superego, neurotic anxiety, mental disorder, and psychosomatic illness . The act of adultery makes the doers have different conflicts because they have different ways in facing the impacts of adultery. Hester has external conflict such as conflict with the society, magistrates, her husband, and her child. While Dimmesadle has internal conflict such as double avoidance conflict, double approach conflict, and approach avoidance conflict.
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Rizki Maulana and Dhiauddin Tanjung. "CRIME IN MARRIAGE." Jurnal Hukum Samudra Keadilan 19, no. 1 (March 13, 2024): 126–35. http://dx.doi.org/10.33059/jhsk.v19i1.9726.
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Currently, the provision regarding the offence of adultery is regulated in Article 284 of the Criminal Code. One of the reasons for this regulation is to protect marriage from things such as vigilante actions based on adultery and the spread of disease, as well as other potentially damaging influences such as the rapidly growing prostitution industry which poses a threat to society. The punishment received by the perpetrator is a maximum imprisonment of 9 months in accordance with Article 284 paragraph (1) number 1 letter a of the Criminal Code. If your husband or wife has an affair, they, and others, are all responsible. The spouse of the person having the affair is also caught in the net by the provisions of this article. Article 284 of the KUHP defines adultery as an "offence of complaint", meaning that a complaint must come from the spouse of the adulterer before criminal proceedings can commence. In Islam, engaging in adultery carries heavy condemnation and guilt. Divorce is a legal option for infidelity and marital discord. Moreover, infidelity is also synonymous with adultery, a vice condemned by most religions.
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Nisa’, Ihda Shofiyatun. "FORMULASI HUKUM PIDANA TERHADAP RUMUSAN TINDAK PIDANA PERZINAAN DALAM PEMBAHARUAN HUKUM DI INDONESIA." Negara dan Keadilan 9, no. 2 (August 31, 2020): 166. http://dx.doi.org/10.33474/hukum.v9i2.7488.
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Penelitian tentang formulasi hukum pidana terhadap rumusan tindak pidana perzinaan dalam pembaharuan hukum di Indonesia bertujuan untuk mengetahui dan menganalisis tentang kebijakan formulasi hukum pidana dalam merumuskan delik perzinaan dimasa sekarang dan yang akan datang terhadap pembaharuan hukum di Indonesia. Hasil penelitian dan analisis data dalam penelitian ini menyatakan bahwa: pertama, pada dasarnya saat ini sudah terdapat kebijakan hukum pidana yang berkaitan dengan rumusan perzinaan. Yaitu, KUHP Pasal 284 tentang perzinaan, Yurisprudensi MA Nomor 93/K/Kr/1976 yang menyatakan bahwa “pengadilan negeri berwenang untuk memeriksa dan memutus perbuatan yang menurut hukum adat dianggap sebagai perbuatan pidana yang mempunyai bandingan dengan KUHP”. Keputusan MA No 349/K/Kr/1980 tanggal 26 Desember 1980 mengenai perkara Pasal 284 (1) Ia KUHP. Namun beberapa kebijakan ini belum berlaku secara maksimal, karena masih mengandung beberapa kekurangan antara lain dalam perumusan delik Pada Pasal 284 yang mengkategorikan zina sebagai delik aduan absolut. Kemudian dalam sistem perumusan sanksi yang tidak tepat dan jumlah sanksi pidana penjara serta denda masih relatif kecil. Kedua, adanya kelemahan dalam kebijakan saat ini maka perlu adanya kebijakan formulasi hukum pidana dalam upaya perumusan delik perzinaan. Kebijakan hukum yang akan datang berkaitan dengan perumusan delik perzinaan adalah konsep RUU KUHP Versi September 2019. Didalam telah merumuskan perzinaan dalam segala bentuknya, baik adultary (muhson) ataupun fornication (ghairu muhson). Selain itu, juga terdapat rumusan mengenai kumpul kebo serta incest.Kata kunci: formulasi, hukum pidana, perzinaan.Research on the formulation of criminal law on the formulation of criminal acts of adultery in legal reform in Indonesia aims to find out and analyze the policy on the formulation of criminal law in formulating offenses for adultery in the present and future of legal reform in Indonesia. The results of research and data analysis in this study states that: first, basically there is now a criminal law policy relating to the formulation of adultery. Namely, KUHP Article 284 regarding adultery, MA Jurisprudence Number 93 / K / Kr / 1976 which states that "the district court has the authority to examine and decide upon acts which according to customary law are considered as criminal offenses which have a comparison with the Criminal Code". MA Decree No. 349 / K / Kr / 1980 dated December 26, 1980 regarding the case of Article 284 (1) He is the Criminal Code. However, some of these policies have not yet been implemented to the fullest, because they still contain some shortcomings, including in the formulation of offense Article 284 which categorizes adultery as an offense of absolute complaint. Then in the formulation system of improper sanctions and the number of sanctions imprisonment and fines are still relatively small. Second, there are weaknesses in the current policy so it is necessary to formulate a criminal law policy in the formulation of an offense for adultery. The next legal policy relating to the formulation of the offense for adultery is the concept of the Criminal Code Bill for the September 2019 version. It has formulated adultery in all its forms, both adultary (muhson) or fornication (ghairu muhson). In addition, there are also formulations regarding cohabiting and incest gatherings.Keywords: formulation, criminal law, adultery
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Iffah Fathiah, Sofyan Mei Utama, Diana Farid, Muhammad Husni Abdulah Pakarti, Kemal Al Kautsar Mabruri, and Hendriana Hendriana. "Protection of the Rights of Adultery Children in Indonesia: A Perspective of Positive and Islamic Law." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 10, no. 2 (December 2, 2023): 147–60. http://dx.doi.org/10.32505/qadha.v10i2.7068.
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The phenomenon of parents abandoning their children due to adultery is quite common these days. In the marriage legal system in Indonesia, children born outside a legal marriage cannot be recognized as legitimate children, so their civil aspects follow those of their mother. Children resulting from adultery lose some of their rights as children of a father, and this has the potential to disrupt their future. This research aims to analyze the rights of children resulting from adultery and whether there are solutions that can be taken so that children resulting from adultery still receive their rights even without a cross-breed relationship with their biological father. The research method used is a library research with a sociological-legal approach. Data sources were obtained from the law and several important articles related to this research problem. Apart from that, this article also uses the results of empirical research to strengthen the arguments in this research. Based on the research results, it was found that, from various studies, there is often a neglect of children's rights as a result of adulterous relationships. Men tend to leave their partners, and in the end, women often become single parents to meet the child's needs. Legally, the state can punish the adulterer (biological father) for being responsible for the needs of the child resulting from his adultery.
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Sarmilah, Sarmilah, Uswatun Hasanah, and Eko Zulfikar. "The Phenomenon of Sleep Call from the Perspective of the Prophet's Hadith." Diroyah : Jurnal Studi Ilmu Hadis 8, no. 1 (October 26, 2023): 90–101. http://dx.doi.org/10.15575/diroyah.v8i1.28834.
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This article examines the sleep call phenomenon as the beginning of adultery with a focus on studying the hadiths about adultery. By using a qualitative descriptive-analytical type of library research, this article draws the following conclusions; First, the understanding of hadiths about adultery shows that adultery is not only interpreted as having intimate relations between men and women, but adultery includes a broad meaning that can lead to the true meaning of adultery, such as adultery of the eyes, adultery of the ear, adultery of the hands, adultery heart, and so on. Second, the sleep call phenomenon that is currently happening especially among teenagers, with reference to the understanding of hadiths about adultery, is an act that can approach adultery and the beginning of adultery. Explanation of the Prophet's hadith which shows that many things can approach true adultery, such as ear adultery, tongue adultery, hand adultery, and heart adultery, can position the sleep call phenomenon as including actions that are close to adultery so that it can lead to true adultery, namely having sex between men -male and female.
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Conoley, Gillian. "Adultery." Antioch Review 51, no. 1 (1993): 81. http://dx.doi.org/10.2307/4612664.
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Hollywood, Peter. "Adultery." Books Ireland, no. 221 (1999): 108. http://dx.doi.org/10.2307/20631799.
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Kipnis, Laura. "Adultery." Critical Inquiry 24, no. 2 (January 1998): 289–327. http://dx.doi.org/10.1086/448876.
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Nurcholis, Moch. "KONSEPSI MAHRAM SEBAB PERZINAAN DALAM HUKUM ISLAM." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 7, no. 2 (December 1, 2019): 35–50. http://dx.doi.org/10.52431/tafaqquh.v7i2.216.
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Jurisprudence books divide the concept of marriage into two groups, First, the group that is permissible for marriage. Second, the group that is not allowed or forbidden to be married (mah}ram). The concept is based on the presence or absence of blood relations between the bride and groom. So in the fiqh study mah}ram is divided into three in general namely mah}ram bi nasab, mah}ram bi mus}aharah and mah} ram bi roudlo`. However, there is a relationship where the scholars disagree, namely whether a male adulterer has an affair with a daughter resulting from adultery ?. This is interesting to study considering that both fiqh books and laws in Indonesia have stated that children born outside a legal marriage (both adultery and siri) only have a nasab relationship (mah}ram) with the mother and family of the mother . To answer the problem of whether a male adulterer has a relationship with a daughter of adultery and may or may not get married, the writer will examine the criteria of mah}ram contained in the books of fiqh. After obtaining data about the forms of security, it is then analyzed using the legal excavation method in the form of qiyas. In the qiyas methodology there are stages to finding `illat law. The technique of determining `illat can be done by using two common methods, namely using the theorem naqli and` aqli. So that the 'illat law emerges 'illat similarity between cells of genetic material contained in sperm and milk so as to make both of them a major influence on the mental and physical health of a child born or breastfed that is inherited from the genetic cells of his parents. From these findings, it can be concluded that the marriage between biological father and daughter resulting from adultery is prohibited.
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Ardiansyah, Irfan, Duwi Handoko, and Beni Sukri. "THE INDONESIAN CRIMINAL CODE: UNREGULATED ADULTERY (AN OVERVIEW OF ISLAMIC CRIMINAL LAW)." PENA LAW: International Journal of Law 1, no. 1 (May 21, 2022): 21–32. http://dx.doi.org/10.56107/penalaw.v1i1.8.
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God created sexual intimacy to be enjoyed only in marriage. God has determined that Adam's children tend to commit adultery. This desire is inevitable, namely to commit adultery in the form of vision, adultery of the mouth in the form of narrative, adultery feelings through ideals and the desire to get it. However, it is the genitals who determine in adultery or not. The Indonesian Criminal Code does not view all non-marital sex relations as adultery. According to the Indonesian Criminal Code, adultery can only occur if sexual relations outside of marriage are carried out by people who are married. In addition, adultery in Indonesia cannot be threatened with punishment if there are no complaints from the victim who feel insulted or harmed, namely the husband or wife of the perpetrator.
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Surridge, Christopher. "Cereal adultery." Nature 423, no. 6938 (May 2003): 390. http://dx.doi.org/10.1038/423390b.
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Logan, William. "Poetry: Adultery." Yale Review 89, no. 1 (January 2001): 75. http://dx.doi.org/10.1111/0044-0124.00477.
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Kaye, Heidi. "Novel adultery?" Cultural Studies 9, no. 2 (May 1995): 390–93. http://dx.doi.org/10.1080/09502389500490461.
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Vitiello, Michael. "Rethinking Adultery." Criminal Justice Ethics 36, no. 3 (September 2, 2017): 314–26. http://dx.doi.org/10.1080/0731129x.2018.1424758.
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Collins, Louise. "Emotional Adultery." Social Theory and Practice 25, no. 2 (1999): 243–70. http://dx.doi.org/10.5840/soctheorpract199925215.
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Kurnianingsih, Marisa, and Kevin Ardya Primatama. "The Role of the Police in the Settlement of Foreign Case in Surakarta." International Journal of Social Science Research and Review 6, no. 1 (January 19, 2023): 343–53. http://dx.doi.org/10.47814/ijssrr.v6i1.900.
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Adultery is a social problem that is often encountered in today's modern life. In positive law in Indonesia, adultery is a complaint offense where Criminal punishment can only be imposed on subjects who commit adultery while married. The problems brought by the act of adultery are not only a matter of morality, but cause many other problems as well as the losses incurred both to the victim, society and even to the perpetrator of adultery. However, the Criminal Code places sanctions on adultery offenses with very light weight. This legal research explains the role of the police as an instrument of law enforcement in resolving adultery cases based on laws and regulations.
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Hamid, Jassim. "Ibn Abbas's Jurisprudential Views on Illegitimate Relations- A Comparative Study-." Islamic Sciences Journal 11, no. 9 (March 9, 2023): 1–28. http://dx.doi.org/10.25130/jis.20.11.9.1.
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The research Dealt with the Opinions of the Great companion Abdullah bin Abbas in unlawful relations, four of which are : the non-acceptance of the husband’s testimony of his wife for adultery, and the punishment for sodomy is killing , not married and married, and it is not proven with the charge, any person who makes a Sextual relation with a married woman should be killed. the punishment of a virgin who commit adultery is one hundred flogging and estrangement for a year.the adulteres who has a wife shoud be punished either with flogging or with stoning . all of the scientists depended on Ibn Abbass saying about illegitimate relations. most of his saying are well and correct.
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Prang, Muzakkir Samidan. "Comparative Study Of The Criminal Action Of Addiction In Aceh Qanun And Book Of Criminal Law." Syiah Kuala Law Journal 6, no. 1 (April 20, 2022): 93–107. http://dx.doi.org/10.24815/sklj.v6i1.28310.
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This study examines a comparative study of the crime of adultery in Aceh Qanun Number 6 of 2014 concerning the Jinayat Law and Article 284 of the Criminal Code which applies as positive law in the territory of the Indonesian state. This is as enshrined in Chapter VI of the 1945 Constitution of the Republic of Indonesia concerning Regional Government, Article 18 paragraph 5 which states that regional governments exercise the widest possible autonomy, except for government affairs which are determined by law to be the affairs of the central government. From the results of the study, it was found that the comparison between the two laws lies in the elements of the crime of adultery, sanctions and procedures for applying the law to the perpetrators of the crime of adultery. In Aceh Qanun Number 6 of 2014 concerning the Jinayat Law, the adulterer was handed down 'Uqubat Hudud lashes one hundred times for married (muhsan) and unmarried (ghairu muhsan) adulterers. Meanwhile, in Article 284 of the Criminal Code, a maximum prison sentence of nine months is imposed on adulterers who are already bound in marriage.
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Yesmen, N., and Md NH Nahid. "The state of adultery and its effects in Bangladesh." Asian Journal of Legal Studies 1, no. 1 (August 1, 2022): 18–24. http://dx.doi.org/10.53402/ajls.v1i1.92.
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In today's world, ethical decadences are becoming more prevalent every day. One instance of moral deterioration is adultery. This study looks into the current state of affairs and the effects of adultery and discovers that women commit adultery with ex-lovers, relatives, well-known people, and occasionally with strangers. Social media platforms including Facebook, Whatsapp, Viber, and Imo are frequently used today to commit adultery. The main causes of adultery include a lack of moral sense, a decaying society, a lack of familial ties, and technological advancement. As a result, adultery leads to murder, divorce, domestic violence, flogging, STIs, honor killings, stoning, and other crimes. It was conducted using secondary resources that were gathered from real websites, books, articles, and newspapers. This study attempts to explain adultery using the opportunity hypothesis, which holds that having more opportunities leads to infidelity. Legal authorities can gain a good understanding of the causes and effects of adultery, which will enable the government develop policies to reduce the practice in Bangladesh.
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Huda, Syamsul. "Zina dalam Perspektif Hukum Islam dan Kitab Undang Undang Hukum Pidana." HUNAFA: Jurnal Studia Islamika 12, no. 2 (December 31, 2015): 377. http://dx.doi.org/10.24239/jsi.v12i2.401.377-397.
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This article discusses about adultery in Islamic law perspective and the book of law and criminal. By using the comparative analysis method found a difference between Islamic law and the book of law and criminal in terms define adultery as well as legal consequences. Sexual relations between young couples are not categorized as adultery in the book of law and criminal because they are not in a valid marriage bond. The book of law and criminal also does not ensnare adultery to Article 27 BW even though they are in a valid marriage bond. In addition, if the husband or wife of adultery gives permission to the partner to commit adultery, then Article 284 cannot ensnare them. While in Islamic law perspective, any sexual relations outside a valid marriage bond is categorized as adultery
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Ismayawati, Any. "CRIMINAL POLICIES BASED ON RELIGIOUS VALUES IN TACKLING CYBER ADULTERY." UNTAG Law Review 2, no. 1 (May 30, 2018): 69. http://dx.doi.org/10.36356/ulrev.v2i1.722.
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Research on crime-based policies of religious values in tackling cyber adultery aims to determine whether cyber adultery can be used as criminal tyindak as well as to know what basis can be used to criminalize cyber adultery. For this research to achieve the desired result, this research uses qualitative research tradition, with constructivism paradigm, with socio legal approach and data analysis using hermeneutic approach method, phenomenology, comparison and policy. The results show that cyber adultery has become a very disturbing problem for society, because the impact of adultery causes disharmony of household, divorce and even moral degradation of the nation. Cyber adultery poses various problems in society, but there is no rule / law that specifically prohibits cyber adultery so difficult to overcome. Based on the results of the research can be concluded that cyber adultery can be made criminal act because it is not in accordance with the collective values embraced by the Indonesian nation and Causes losses matriil and morale for the nation of Indonesia. The foundation that can be used to make cyber adultery as a crime is the religious values that exist in Indonesia
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Hatami, Salis Abdalah. "Hadis tentang Berhubungan Badan di Luar Pernikahan." Jurnal Riset Agama 1, no. 2 (August 5, 2021): 365–74. http://dx.doi.org/10.15575/jra.v1i2.14597.
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This study aims to discuss how the explanation of having sex outside of marriage in the perspective of hadith. This research uses qualitative type method with content analysis through literature study. The results and discussion in this study include a general view of adultery, takhrij sanad in the hadith regarding adultery, and how to explain the prohibition of adultery. The conclusion of this study shows that adultery is a behavior that is prohibited both religiously and legally in Indonesia, and the hadith that explains the prohibition of adultery is a saheeh hadith. This study warns of the dangers and other negative impacts of adultery.
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Uzodike, E. N. U. "Judicial Concepts of Adultery, Intolerability and Damages in Nigeria." Journal of African Law 34, no. 2 (1990): 93–103. http://dx.doi.org/10.1017/s002185530000824x.
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Adultery is one of the cardinal sins in the Ten Commandments and, despite the modern apparently relaxed attitude towards sexual intercourse, it has remained one of the main reasons for marriage breakdowns. Its seriousness as a matrimonial offence is clearly reflected in the fact that originally it was the only permitted ground for divorce under English Law. Of particular gravity was adultery by a wife which was described as being unforgivable by a husband, for while a husband could divorce his wife on the sole basis of her adultery, a wife had to prove other material facts in addition to her husban's adultery in order to obtain a similar relief.Even under customary law, adultery, particularly by a wife, was treated as a sin against the ancestral gods and required the performance of certain rituals to appease them and the husband and to cleanse the violated woman. Although pre-set grounds for divorce are non-existent and unnecessary at customary law, adultery may well be a vital reason why a man would want to divorce his wife. Under the Matrimonial Causes Act adultery, coupled with intolerability, is one of the listed grounds for divorce the proof of which is proof of “irretrievable breakdown” of the marriage.The object of this article is to examine the judicial concept of adultery, intolerability and damages for adultery.
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Kusnan, Kusnan. "Urgency Of Love Education "Reading Of The Hadith Banning Adultery" (The Story Of The Dialogue Between The Prophet Muhammad (Peace Be Upon Him) And A Young Man)." Journal Of World Science 1, no. 3 (April 13, 2022): 103–11. http://dx.doi.org/10.36418/jws.v1i3.16.
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Adultery is a great sin after the shirk of Allah Swt. Adultery in addition to being threatened with severe punishment and other punishments in the realm of barzah and mahsyar, will also have a very negative impact on community life. The article, which is excerpted from the reading and analysis of the prohibition of adultery, in which there is a dialogical between the Prophet Muhammad and a young man, aims to inform the reader that how urgent the model of education based on love. Love education with several derivative models such as education: tenderness, familiarity, mutual respect between teachers and students. The method taken in the writing is the study of literature, considering articles about hadith, then the author looks for references, scientific books that are in accordance with the topic of discussion. Next look for interpretive books, especially those that interpret the content of the hadith banning adultery. Dai sources, quotations, as well as scientific books, are further analyzed well step by step. The results of the analysis of the reading of the hadith prohibition of adultery can be explained: The Prophet gave nasihat with tenderness, full of empathy, love and intimacy. The dialogue between the prophet and the young man who asked for adultery was warm, fluid, in contrast to when the young man was near (among) the companions. This phenomenon also implies the basic essence of education for mankind. From the results of the dialogue, finally the young man who used to have a very high sexual libido and always wanted to commit adultery, realized himself full of awareness and sincerely left adultery, condemned adultery and did not want to glance at it. Completely. The analysis of the reading of the hadith banning adultery, inspires us how sharp and successfully the prophet provided love education with very optimal results. Evidently the young man who was sexually very high and wanted adultery, turned one hundred and eighty degrees, sincerely renounced adultery
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Mahendra, Agustya Catur. "Ambiguity of Adultery Concept (Zina) in Criminal and Justice System (A Comparison between Indonesia, Pakistan, and Turkey)." IJCLS (Indonesian Journal of Criminal Law Studies) 4, no. 1 (May 30, 2019): 93–106. http://dx.doi.org/10.15294/ijcls.v4i1.19614.
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Indonesia is a country that has an ideological foundation, namely Pancasila, while Turkey is a country that has a foundation of ideology of Kemalism. Every country must have a different ideological foundation and certainly has a different legal system, as well as the country of Pakistan. In this article, what will be discussed is regarding adultery. Adultery is intercourse between men and women who do not have a legitimate marriage bond according to religion, adultery also can defined sexual relations between men and women who are not bound by marital relations. In the book Bidayatul Mujtahid it is stated that adultery is intercourse that occurs not because of a legitimate marriage, not because of false marriage, nor because of ownership (of slaves). Sahal Mahfudz expressed the opinion of the Imams of the School of Understanding adultery with three main points of understanding. Such understanding has been agreed upon by the scholars. Adultery is the path to damage that can lead to human descent from noble to despicable degrees. In Indonesia, adultery is a crime stipulated in article 284 of the Criminal Code, the article applies if one of the adulterers has been bound to marriage, so for those who are not bound by marriage cannot be criminalized, in article 284 of the Criminal Code as a criminal offense with a prison sentence of up to nine months, with the following conditions; He who is an adulterous wife is being aware that article 27 of the Criminal Code applies to him and married women who commit adultery. In the country of Turkey, adultery is not a criminal act, it is based on secular Turkish ideology and considers that sexual relations are a private area, but adultery can be a cause or an excuse to file a divorce. This makes the perpetrators of adultery who have not or are not bound by marriage do not have any impact or risk of the adultery that they have committed. Whereas in Pakistan, zina acts are adjusted to existing Islamic law.
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Kusnan, Kusnan. "Urgency Of Love Education "Reading Of The Hadith Banning Adultery" (The Story Of The Dialogue Between The Prophet Muhammad (Peace Be Upon Him) And A Young Man)." Journal of World Science 1, no. 3 (April 13, 2022): 103–11. http://dx.doi.org/10.58344/jws.v1i3.16.
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Adultery is a great sin after the shirk of Allah Swt. Adultery in addition to being threatened with severe punishment and other punishments in the realm of barzah and mahsyar, will also have a very negative impact on community life. The article, which is excerpted from the reading and analysis of the prohibition of adultery, in which there is a dialogical between the Prophet Muhammad and a young man, aims to inform the reader that how urgent the model of education based on love. Love education with several derivative models such as education: tenderness, familiarity, mutual respect between teachers and students. The method taken in the writing is the study of literature, considering articles about hadith, then the author looks for references, scientific books that are in accordance with the topic of discussion. Next look for interpretive books, especially those that interpret the content of the hadith banning adultery. Dai sources, quotations, as well as scientific books, are further analyzed well step by step. The results of the analysis of the reading of the hadith prohibition of adultery can be explained: The Prophet gave nasihat with tenderness, full of empathy, love and intimacy. The dialogue between the prophet and the young man who asked for adultery was warm, fluid, in contrast to when the young man was near (among) the companions. This phenomenon also implies the basic essence of education for mankind. From the results of the dialogue, finally the young man who used to have a very high sexual libido and always wanted to commit adultery, realized himself full of awareness and sincerely left adultery, condemned adultery and did not want to glance at it. Completely. The analysis of the reading of the hadith banning adultery, inspires us how sharp and successfully the prophet provided love education with very optimal results. Evidently the young man who was sexually very high and wanted adultery, turned one hundred and eighty degrees, sincerely renounced adultery
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Lestiawati, Ida, Maisa Maisa, and Abdul Manan. "Comparison of the Legal Regulation of Adultery as Social Control in Society: A Comparison Between Indonesia, Malaysia, Brunei Darussalam, and Turkey." SASI 30, no. 2 (June 28, 2024): 183. http://dx.doi.org/10.47268/sasi.v30i2.2049.
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Introduction: Differences in adultery regulations in various countries in the world can be different, one of which is due to the ideology adopted by each country. Regulations related to adultery actually have relevance to state ideology and the values held and lived by society, including religious values.Purpose of the Research: This research aims to analyze and compare adultery regulations based on the values and ideology that apply in a country by comparing adultery regulations between Indonesia, Malaysia, Brunei Darussalam, and Turkey.Method of Research: This research is normative legal research by prioritizing historical, conceptual, legislative and comparative approaches.Results of Research: The results of the research confirm that the development of adultery regulations in Indonesia has not been substantively facilitated since it was regulated in the WvSNI and even passed into the Criminal Code in 1946. This is because what is regulated in the Criminal Code as an official translation of Dutch criminal law is only an overspel that if translated into Indonesian is closer to the act of infidelity and not adultery. The regulation of adultery in the new national criminal law is officially regulated in the New Criminal Code, especially in Article 411 of the New Criminal Code, which is actually in accordance with the meaning of the offense of adultery in accordance with the values and culture of Indonesian society. Differences in the regulation of adultery in each country, especially countries with a majority Muslim population. This is a necessity because differences in adultery regulations in each country depend on the ideology adopted by each country. However, in general, in societies where the majority are Muslim, adultery is classified as a disgraceful act that deserves criminal sanctions as applied in Indonesia, Malaysia and Brunei Darussalam, whereas Turkey, even though the majority of the population is Muslim, is based on a secularist view, only regulating adultery within the realm of law. private.
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Yusman, Yusnani, and Magfirah Magfirah. "SOSIALISASI RANCANGAN UNDANG-UNDANG PASAL 485 PADA PENANGGULANGAN CYBER SEX." JCH (Jurnal Cendekia Hukum) 3, no. 2 (March 29, 2018): 241. http://dx.doi.org/10.33760/jch.v3i2.27.
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The violation of the law is: "Article 32, which reads every person who played, display, use, possess or store pornographic products as referred to in Article 6 shall be liable to a maximum imprisonment of 4 (four) years and / or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). (Note: Article 6 of each person is prohibited from playing, displaying, exploiting, memorizing or storing pornographic products as referred to in Article 4 paragraph (1), except those authorized by law". Islamic law views any extramarital sexual relations as adultery and threatening with punishment, whether the perpetrator is married or not, done likes it or not. Our source of law Qs, 24: 2: "The woman who commits adultery and the adulterer then hail every one of them a hundred times dera. This uses the method of empirical normative legal research, which is "Explaining what it is about a legal event or legal conditions. The municipal or local government seems impressed still in determining the termination of access to pornography or cybersex including socialization of positive criminal law about the crime of single adultery such as Draft Law Article 485. And the proposed criminal law of 2 years imprisonment or fine penalty of R 50,000,000.00 (Fifty million rupiahs) for a single individual. As the law of takzir.
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Pratama, Raka Indra, Ade Mahmud, and Chepi Ali Firman Zakaria. "Kebijakan Kriminal Terhadap Tindak Pidana Perzinahan Berdasarkan Hukum Pidana Positif dan Hukum Pidana Islam." Al-Jinayah Jurnal Hukum Pidana Islam 8, no. 1 (June 17, 2022): 27–37. http://dx.doi.org/10.15642/aj.2022.8.1.27-37.
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Abstracts: The criminal policy against the crime of adultery in the Positive Criminal Law is contained in Article 284 of the Criminal Code, which criminalizes anyone who has sexual intercourse if one of the perpetrators or both of them is married. Adultery in this article is not comprehensive and fulfills a sense of justice for some people who think that adultery is not limited to that because it is not following the values of the Indonesian people's customs and Islamic law, in which the majority of Indonesian people are Muslims. The Criminal Policy in the RKUHP includes an expansion of the meaning of adultery which criminalizes a person who commits adultery with the unconditional condition that one of the perpetrators or both of them is married, the RKUHP also includes cohabitation adultery and incestuous adultery (family ties). This writing does not only make a comparison between the criminal policies regulated in the Positive Criminal Law, namely Article 284 of the Criminal Code and the RKUHP, with Islamic Criminal Law. the problem of poverty which causes prostitution activities to still occur and religious marriage activities that are not registered by the state are carried out by some Indonesian people. Keywords: Islamic Criminal Law, Criminal Policy, Adultery
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Ali, Mahrus, and Muhammad Abdul Kholiq. "Adopsi Nilai dan Prinsip Hukum Pidana Islam tentang Delik Kesusilaan Zina dalam Kitab Undang-undang Hukum Pidana Nasional." Jurnal Hukum Ius Quia Iustum 30, no. 3 (September 1, 2023): 622–49. http://dx.doi.org/10.20885/iustum.vol30.iss3.art8.
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This research focuses on the fundamental justification for the policy of inserting Islamic criminal law values into the National Criminal Code, especially regarding the policy of criminalizing the moral offense of adultery and the form of adoption of the said values and principles of Islamic criminal law in the National Criminal Code, particularly on the policy of criminalizing the moral offense of adultery. This is a normative legal research with statutory, philosophical and policy approaches. This research concludes that theoretically (socio-historically based) and juridically (based on the values of the Pancasila philosophy, mainly the first principle and the 1945 Constitution, specifically article 29), the absorption of Islamic criminal law values in the preparation of the Criminal Code is a historical and constitutional right. Values and the principles of Islamic criminal law regarding the moral offense of adultery have not been fully absorbed in the National Criminal Code. Some forms of adoption that have reflected the values and principles of Islamic criminal law are the expansion of the scope of acts criminalized as adultery, the philosophy of prohibiting adultery and the threat of criminal sanctions against adultery. Some Acts that are essentially moral offenses of adultery but are not criminalized as moral offenses of adultery, i.e. rape, prostitution and enjoying pornographic content for oneself.
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Pardede, Harold. "Kajian Yohanes 8:1-11 Sebagai Dasar Pelayanan Pendampingan Terhadap Orang Kristen Yang Berzina di Jakarta." Kaluteros Jurnal Teologi Dan Pendidikan Agama Kristen 6, no. 1 (June 4, 2024): 1–16. http://dx.doi.org/10.60146/kaluteros.v6i1.70.
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Adultery is an offense or activity that is commonplace in large and metropolitan cities such as Jakarta. Perpetrators of adultery will usually receive legal and social sanctions from the surrounding community. The same thing happened to the woman who was caught in adultery in the text John 8:1-11. The woman was judged unfairly according to the law by the scribes and Pharisees. In contrast to the scribes, Jesus was there to provide forgiveness and assistance to the woman who committed adultery. Through this research, the author wants to provide the example and method that Jesus gave as a guide to how to deal with cases of adultery which are rampant among Christians in Jakarta. This research uses the hermeneutic method and literature study of the story of the woman who committed adultery in the text John 8:1-11. Through this research, it is hoped that Christians, especially God's servants, will be able to emulate the attitude of Jesus who forgave and accompanied every Christian in Jakarta who fell into the sin of adultery.
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Swardhana, Gde Made. "KEBIJAKAN KRIMINAL DALAM MENGHADAPI PERKEMBANGAN KEJAHATAN CYBER ADULTERY." TANJUNGPURA LAW JOURNAL 1, no. 2 (July 29, 2017): 177. http://dx.doi.org/10.26418/tlj.v1i2.24249.
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Cyber crime is one of the new forms or dimensions of today's crimes gaining wide attention in the international world. One of the most disturbing issues and received the attention of various circles is the problem of cyber crime in the field of decency which became known as adultery cyber. The story of cyber adultery is essentially no different from evil / morality in the end, such as adultery. Cyber adultery / cyber sex can be seen as virtual gratification associated with sexual expression, and a new form of intimacy (a new kind of intimacy). Such intimacy or intimacy can also mean sexual intercourse or adultery. This means cyber sex is a new form of adultery. To overcome thisproblem, honesty is needed in the effort to overcome crime which is essentially an integral part of social defense and community prosperity.
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Fatih, Muhammad. "Pendidikan Seks dalam Al-Qur’an; Perspektif Tafsir Tarbawi tentang Larangan Mendekati Zina." Ta'dibia: Jurnal Ilmiah Pendidikan Agama Islam 8, no. 2 (August 16, 2019): 7–14. http://dx.doi.org/10.32616/tdb.v8.2.176.7-14.
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Al-Qur'an contains many terms that contain sexual content both directly (mubasyarah) and symbolic (kinayah), including furuj (genitals), semen (sperm), nuthfah (mixing of male and female sperm), arham (womb), al-mass (contact, conjugal relationship), al-lams (contact, conjugal relationship), preacher (contact, conjugal relationship), rafats (words and actions that lead to bodily relationships) , bigha '(prostitution), adultery, fahisyah (vile deeds), abkar (virgin), murawadah (seducing), and so forth. In general the mention of the above terms in the Qur'an covers four contexts; first, the context of the explanation of halal and haram law. Second, the context of scientific knowledge in verses about the creation of humans. Third, the historical context in the stories in the Qur'an, and fourth, the context of the language in which the Qur'an outlines issues of sexuality in polite, symbolic language. Talks about sexuality and sex education are by no means the invitation to pornography, or the spread of atrocities among humans, or encourage people to commit adultery or do damage. One of the themes of sex education in the Qur'an is the prohibition of adultery. This theme is becoming increasingly interesting for several reasons. First, the prohibition of adultery is narrated by the Qur'an with the expression "Don't approach the adultery". Secondly, the increasingly rampant adultery along with facilitation arising from the development of communication and information technology. Third, some people feel taboo to speak and provide sex education to their families, even though this theme has been alluded to by the Qur'an and hadith. The prohibition of adultery in the Qur'an which is stated by Allah with the phrase "Do not approach the adultery" shows that adultery has a very large attraction. Therefore, all factors that have the potential to bring someone closer to adultery must be shunned in order to avoid the vile deeds. At least there are three cases that can lead someone to adultery, namely khalwat, seeing pornographic and pornographic shows, and free lifestyles.
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Waris, Moh Wahyu Al, and Ahmad Junaidi. "Perlindungan Hukum Anak dalam Kandungan Hasil Zina Perspektif Hukum Positif dan Hukum Islam." Rechtenstudent 4, no. 1 (April 30, 2023): 93–107. http://dx.doi.org/10.35719/rch.v4i1.110.
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This research deals with special problems in children resulting from adultery. This is shown in article 100 of the Compilation of Islamic Law (KHI) whose family relationship is only with the mother and the mother's family. The four schools of thought agree that children from adultery do not receive a lineage from their father. The formulation of the research problems are, 1) What is the role of state institutions in guaranteeing and protecting the rights of children born from adultery? 2) How is the legal protection of children's rights in the womb resulting from adultery from a positive legal perspective? 3) How is the legal protection of children's rights in the womb resulting from adultery from the perspective of Islamic law? This research is normative legal research research on secondary data from primary, secondary, and tertiary legal materials through literature review based on the Al-Quran and hadith, books, laws and regulations and other related matters. The result of this research is that the state's efforts to guarantee protection have been carried out through laws that are general in nature. However, there are no specific rules to guarantee legal protection for children in the womb of adultery. MK Decision No. 46/PUU-VII/2010 is a bright spot in legal protection for children resulting from adultery, namely having the same rights and treatment as children in general by means of proof and recognition of child status by their biological father. Meanwhile, the perspective of Islamic law also issued MUI Fatwa NO. 11 of 2012 concerning Children resulting from adultery and their treatment that children resulting from adultery do not have a family relationship with their father, and are only related to their mother and family. However, the biological father is obliged to provide the fulfillment of the child's rights with responsibility for adultery children who have existed since the womb.
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Muttaqien, Muhammad Ridho, and Anyelir Puspa Kemala. "Sanksi Pidana Perzinahan Akibat Adanya Delik Aduan dari Pihak yang Dirugikan Menurut Pasal 284 Kuhp." Syntax Literate ; Jurnal Ilmiah Indonesia 8, no. 9 (October 3, 2023): 5380–89. http://dx.doi.org/10.36418/syntax-literate.v8i9.13686.
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This study aims to obtain information and analyze the law regarding the criminal sanctions for adultery due to complaints from the injured party according to Article 284 paragraph (1) of the Criminal Code. One of the regulated behaviors related to adultery in marriage is adultery in the context of Islamic law and overspel in criminal law literature. The rampant adultery in public life has tarnished the existence of a sacred bond in marriage. "With the existence of a marriage, it is hoped that it can create a tera family, therefore a law on marriage was formed. A husband and wife who are convicted of adultery, one of the aggrieved can report the spouse through the police. Regarding the sanctions that can be received by adulterers, referring to the provisions of Article 284 of the Criminal Code, the perpetrators are threatened with imprisonment for a maximum of nine months. This applies to both husband and wife who are having an affair. If adultery has led to adultery, then the spouse of the spouse who committed adultery can report his wife/husband and infidelity to the police on the basis of adultery as stipulated in Article 284 of the Criminal Code (KUHP). Article 284 of the Criminal Code is an absolute complaint offense, meaning that it cannot be prosecuted if there is no complaint from the aggrieved and/or humiliated husband or wife. In addition, overspel criminal reports cannot be processed further by the Police if the reporting person is not the official spouse of the injured party.
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Syuhada, Syuhada, and Zulkiram Zulkiram. "TAUBAT SEBAGAI PENGHAPUS HAD ZINA MENURUT IBNU TAIMIYYAH." LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum 10, no. 2 (November 19, 2021): 189. http://dx.doi.org/10.22373/legitimasi.v10i2.11340.
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Scholars differ on whether the repentance of an adulterer can abrogate the punishment of the limit ?. Some scholars state that there is no fall at all, while others state that the punishment is limited to fall. In this regard, Ibn Taymiyyah's opinion is the same as the last opinion that the repentance of an adulterer can remove the demand of the limit as long as it has not been submitted to the ruler, but if it has been submitted to the ruler then the limit does not fall so it remains punished and his repentance is accepted by Allah SWT. As for the research method is qualitative, the type of literature research, research data from library materials in the form of books of jurisprudence, law, and other relevant literature then the data that has been collected, both from primary, secondary, and tertiary data, then analyzed by descriptive-analysis. The results of the study showed that according to Ibn Taymiyyah, the perpetrator of adultery who repented before being complained to the government, fell ḥadd adultery. The perpetrator does not have to admit his actions because the attitude is seen as better. As for the adulterer who repents after being complained to the government, then it does not fall ḥadd adultery. The perpetrator must still be punished, his repentance is accepted by Allah SWT., While the punishment of ḥadd as a consummation of his repentance. The argument used by Ibn Taymiyyah about the fall of ḥadd zina due to repentance refers to the provisions of the QS. al-Nisā 'verse 16, QS. al-Māidah verses 33-34, QS. Ṭāhā verses 121-122, and the hadith narrated by Abū Dawud about the punishment of Maiz. The method of istinbāṭ that he uses tends to use heroic reasoning, that is, looking at the sides and rules of language, general and special relations, cause and effect, and understanding the words of the Qur'an.
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Widyawati, Anis. "Criminal Policy of Adultery in Indonesia." Journal of Indonesian Legal Studies 5, no. 1 (May 4, 2020): 171–86. http://dx.doi.org/10.15294/jils.v5i1.36786.
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Judge courage needed in deciding adultery cases in article 284 of the Criminal Code for perpetrators who have not been bound by marriage, the judge can apply based on the 1945 Constitution and the Law on Judicial Power, which states the source of law is not only the Law (expansion of the principle of material legality) but can also source from code that lives in the community (customary law). This research is intended to analyze and describe the penal policy (criminal law policy and politics of criminal law) concerning adultery in Indonesia. This research uses normative legal research, where the Author analyze and compare all laws and regulations concerning to adultery in Indonesia and some theories of adultery in global context. This paper emphasized that adultery not only against religious values but also customary values (customary law). The formulation of adultery concept in Indonesian Penal Code affected by religious teachings and national ideology of Pancasila.
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Jiloha, RC. "Legalized Adultery and Mental Health." Journal of Advanced Research in Psychology & Psychotherapy 02, no. 02 (June 7, 2019): 1–4. http://dx.doi.org/10.24321/2581.5822.201906.
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Riyadi, Ridho Riyadi. "PENAFSIRAN ALI ASH-SHABUNI TENTANG AYAT-AYAT ZINA." Jurnal Al-Mubarak: Jurnal Kajian Al-Qur'an dan Tafsir 5, no. 2 (December 30, 2020): 36–60. http://dx.doi.org/10.47435/al-mubarak.v5i2.475.
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In Islam, adultery is a very bad act and a big sin for the perpetrator. However, in modern times, it is not uncommon for Muslims to know about the prohibition of adultery but still do it. Therefore this paper tries to explore further the interpretation of adultery (zina) according to Ash-Shabuni in the Shafwatu Tafasir commentary book. This study uses a library research method, which is a research whose data collection method is based on literature from scientific books related to the problem of adultery. The results of the research according to Ash-Shabuni zina for unmarried adulterers (ghairu muhsan) were beaten a hundred times and exiled for a year while adultery for married offenders (muhsan) was stoned to death.
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Schlabach, Gerald W. "Friendship As Adultery." Augustinian Studies 23 (1992): 125–47. http://dx.doi.org/10.5840/augstudies1992235.
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Pillay, Navi. "Legal Eye: Adultery." Agenda, no. 19 (1993): 64. http://dx.doi.org/10.2307/4065997.
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Martin, Mike W. "ADULTERY AND FIDELITY." Journal of Social Philosophy 25, no. 3 (December 1994): 76–91. http://dx.doi.org/10.1111/j.1467-9833.1994.tb00334.x.
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Swann, Roberta. "Addiction/Magic/Adultery." Anthropology Humanism 27, no. 1 (June 2002): 107–8. http://dx.doi.org/10.1525/ahu.2002.27.1.107.
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Swann, Roberta. "Addiction/Magic/Adultery." Anthropology and Humanism 27, no. 1 (June 2002): 107–8. http://dx.doi.org/10.1525/anhu.2002.27.1.107.
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Lampe, Philip E. "Friendship and Adultery." Sociological Inquiry 55, no. 3 (July 1985): 310–24. http://dx.doi.org/10.1111/j.1475-682x.1985.tb00866.x.
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