Analysis of the Concept of Adultery from Islamic Law and National Positive Law: A Community Perspective in Indonesia
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| Formato: | Recurso digital |
| Lenguaje: | Idioma anglosajón |
| Publicado: |
Zenodo
2026
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| _version_ | 1866902235582038016 |
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| author | Marzuki |
| author_facet | Marzuki |
| contents | <p>This study aims to investigate the Concept of Adultery from Islamic Law and National Positive Law: A Community Perspective in Indonesia. This study used a literature review approach, gathering information and data from various materials relevant to the field and areas deemed necessary for attention, as outlined in the written texts. Data were gathered from primary and secondary sources. The primary data sources used in this study are the Indonesian Criminal Code (KUHP) and the Maqasid Sharia (Islamic Principles) book, which serve as the primary references. Secondary data sources include works in the field of Islamic law, such as compilations of Indonesian Islamic law, books on criminal law, and research findings related to the research topic. The data collection method used is written document analysis, including books, journals, Indonesian law documents, Islamic compilation law, digital resources, and other related materials. The data was analysed using a thematic approach. The results of this study show that adultery, from a positive law perspective, is sexual relations carried out by both parties, both of whom are in a state of marriage or one of whom is based on the element of mutual consent. Meanwhile, from an Islamic law perspective, adultery is a sexual relationship that is practiced before or outside marriage, as legalized by Islamic law. In conclusion, Indonesia's national positive law views adultery not from a syariah perspective but from national law.</p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_18360221 |
| institution | Zenodo |
| language | ang |
| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Analysis of the Concept of Adultery from Islamic Law and National Positive Law: A Community Perspective in Indonesia Marzuki adultery, positive law, Islamic law, illegal sex relationship <p>This study aims to investigate the Concept of Adultery from Islamic Law and National Positive Law: A Community Perspective in Indonesia. This study used a literature review approach, gathering information and data from various materials relevant to the field and areas deemed necessary for attention, as outlined in the written texts. Data were gathered from primary and secondary sources. The primary data sources used in this study are the Indonesian Criminal Code (KUHP) and the Maqasid Sharia (Islamic Principles) book, which serve as the primary references. Secondary data sources include works in the field of Islamic law, such as compilations of Indonesian Islamic law, books on criminal law, and research findings related to the research topic. The data collection method used is written document analysis, including books, journals, Indonesian law documents, Islamic compilation law, digital resources, and other related materials. The data was analysed using a thematic approach. The results of this study show that adultery, from a positive law perspective, is sexual relations carried out by both parties, both of whom are in a state of marriage or one of whom is based on the element of mutual consent. Meanwhile, from an Islamic law perspective, adultery is a sexual relationship that is practiced before or outside marriage, as legalized by Islamic law. In conclusion, Indonesia's national positive law views adultery not from a syariah perspective but from national law.</p> |
| title | Analysis of the Concept of Adultery from Islamic Law and National Positive Law: A Community Perspective in Indonesia |
| topic | adultery, positive law, Islamic law, illegal sex relationship |
| url | https://doi.org/10.5281/zenodo.18360221 |