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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This study examines the relationship between Uqud al-Lujayn fi Bayani Huquq az-Zaujayn and Article 4 of Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS), focusing on forced sexual intercourse within marriage. The issue is studied due to differences between classical fiqh perspectives on marital obligations and modern legal approaches that emphasize consent and protection of human rights.
This research uses a normative juridical method with a qualitative library research approach. The primary sources include the Qur’an, Hadith, and Law No. 12 of 2022. Secondary sources focus on Uqud al-Lujayn and related Islamic jurisprudence literature, while tertiary sources include legal references and dictionaries. The analysis is conducted using content analysis with a contextual approach supported by Maqashid al-Shari’ah, Consent Theory, and Victim Protection Theory.
The findings show that Uqud al-Lujayn places marital sexual relations within a duty-based framework through the concept of tamkin, which is still guided by ethical principles such as mu’asyarah bil ma’ruf and the prohibition of harm. Meanwhile, Article 4 of the UU TPKS requires free and continuous consent in sexual relations and criminalizes any form of coercion within marriage.
The study concludes that both frameworks are compatible in terms of ethical objectives, especially in protecting dignity and preventing harm. However, they differ in legal structure, where classical fiqh is based on marital duties, while the UU TPKS is based on consent and individual autonomy. Despite this difference, both aim to ensure justice and protection within marital relations.

42/PMH/2026

42/PMH/2026

Perpustakaan FSH Lantai 4

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