KONSEP MARITAL RAPE DI INDONESIA: PANDANGAN ULAMA NAHDLATUL ULAMA (NU) YOGYAKARTA

Rara Siti Masruroh, NIM.: 20203012087 (2022) KONSEP MARITAL RAPE DI INDONESIA: PANDANGAN ULAMA NAHDLATUL ULAMA (NU) YOGYAKARTA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marital rape is a new term as a form of coercion of sexual relations in marriage. Marital rape or rape in marriage is regulated in Law no. 23 of 2004 on PKDRT and Law no. 12 of 2022 concerning TPKS. In Fiqh, there is no term rape in marriage. Therefore, it is necessary to have the ijtihad of the Ulama in responding to the marital rape case in Indonesia. This research will examine the views of Yogyakarta NU scholars regarding the concept of marital rape in legislation, the concept offered and the legal basis used as well as the value of protection contained in the concept of marital rape. This research is a field research that is descriptive analytical. This study uses a philosophical-empirical juridical approach. The primary data was obtained based on direct interviews with Yogyakarta NU clerics, while the secondary data was obtained from laws and regulations regarding sexual violence. This research analysis technique uses qualitative methods using maqāṣid asy-syarī'ah theory and legal protection theory to answer the research problem formulation. The results of this study indicate that: first, the Ulama agree with the concept of marital rape offered in legislation. However, they differed on the terms used regarding the issue of domestic sexual violence. The attitude of the NU Ulama in responding to this issue was divided into two groups, namely Ulama who agreed with the term marital rape and Ulama who refused by proposing another term, namely domestic violence. Second, differences of opinion regarding the term marital rape offer the concept of marital rape as any form of coercion in sexual intercourse outside the proper corridors, outside the corridors of Islam, and violating religious values. The legal basis and considerations used by NU Ulama are divided into two categories, namely supporting legal basis and burdensome legal basis. This legal consideration is due to differences in the understanding of NU scholars regarding the meaning of the marriage contract which is interpreted as a consensus (agreement) in sexual intercourse. Offering the term domestic violence aims not to damage the meaning of marriage. Third, the concept offered has several legal protection values both preventively and repressively. Preventive legal protection includes self-protection as human beings who have their rights, psychological and intellectual protection, and protection against continued reproduction. Then protection that is repressive, seen by the sanctions given to perpetrators of husbands who commit violence in the household.

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