TYPOLOGY OF PSYCHOLOGICAL VIOLENCE IN MAQASHID SHARIA PERSPECTIVE

Nasyiah, Iffaty and Arifah, Risma Nur (2024) TYPOLOGY OF PSYCHOLOGICAL VIOLENCE IN MAQASHID SHARIA PERSPECTIVE. TYPOLOGY OF PSYCHOLOGICAL VIOLENCE IN MAQASHID SHARIA PERSPECTIVE, 11 (2). pp. 143-158. ISSN 2355-567X

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Abstract

Psychological violence in the household is a criminal offense that has
not been explained with certainty. The PKDRT Law itself only explains the
formulation of the consequences of psychological violence. Thus, it is important to
create a typology of this form of psychological violence. This is also the case in
Islam. This research aims to analyze the typology of psychological violence from
the perspective of maqashid sharia. The type of research used is normative legal
research with a conceptual approach. The results show that in the perspective of
maqashid sharia, the creation of a typology of psychological violence in the
household is a necessity that brings maslahah. In the level of benefit, the
determination of this guideline becomes very important and occupies the hajjiyat
level because it is related to the need to create convenience in overcoming
difficulties. In the context of psychological violence, the difficulty that arises is how
to detect the form of psychological violence itself. The creation of guidelines
regarding the typology of psychological violence creates legal certainty for
perpetrators and victims, realizing justice and legal protection for victims.

Item Type:	Journal Article
Keywords:	Psychological Violence; Court Decision; Maqashid Syariah.
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems) 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Risma Nur Arifah
Date Deposited:	09 Dec 2024 10:29

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