The Conception of Marital Rape in Law Number 23 of 2004 concerning the Abolition of Domestic Violence: An Understanding of the Book of Uqud al-Lujjain at Kebon Jambu Al-Islamy Islamic Boarding School

Najwa Azzakiyyah, (2026) The Conception of Marital Rape in Law Number 23 of 2004 concerning the Abolition of Domestic Violence: An Understanding of the Book of Uqud al-Lujjain at Kebon Jambu Al-Islamy Islamic Boarding School. Bachelor thesis, S1- Hukum Keluarga Islam UIN SSC.

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Abstract

This research is motivated by the growing discourse on marital rape in household relations, which has generated debate between the normative understanding of hadith and the context of modern social realities. In Islamic boarding school environments, the understanding of husband-wife relations is largely influenced by the book ‘Uqudullujjayn, which contains hadiths concerning the rights and obligations of spouses in domestic life. Meanwhile, Law Number 23 of 2004 concerning the Elimination of Domestic Violence stipulates that sexual violence within the household constitutes a form of violence subject to legal sanctions. This study aims to examine the views of students at Pondok Pesantren Jambu toward the book ‘Uqudullujjayn, to understand their perspectives regarding marital rape within the framework of the Domestic Violence Law, and to analyze their understanding of hadiths concerning husband-wife relations using Fazlur Rahman’s double movement theory. This study employs a qualitative research method with a field research approach. Data collection techniques were conducted through interviews, observation, and documentation involving students and religious teachers at Pondok Pesantren Jambu. Data analysis utilized the model triangulation data, which includes data reduction, data presentation, and conclusion drawing. Fazlur Rahman’s double movement theory was used as an analytical framework to understand the historical context of hadiths and to identify the universal moral values contained within them. The results of the study indicate that the students’ views toward the book ‘Uqudullujjayn are not homogeneous. Some students understand the contents of the book literally and normatively, while others have begun to interpret the hadiths more contextually by considering the social conditions of modern society. In addition, the students’ understanding of hadiths concerning husband-wife relations reflects two patterns of interpretation, namely textual interpretation and contextual interpretation. Through Fazlur Rahman’s double movement theory, this study concludes that the hadiths contained in the book ‘Uqudullujjayn should not only be understood literally, but must also be interpreted based on their historical context and universal moral objectives, including respect for one’s partner, maintaining household harmony, and avoiding injustice in marital relations. Keywords: Double movement; Fazlur Rahman; marital rape;‘Uqudullujjayn,

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Item Type:	Thesis (Bachelor)
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Syariah dan Ekonomi Islam > Hukum Keluarga Islam (Al-Ahwal Al-Syahsyiyyah)
Depositing User:	Eka Cahya Nugraha
Date Deposited:	14 Jul 2026 04:03
Last Modified:	14 Jul 2026 04:03
URI:	http://repository.syekhnurjati.ac.id/id/eprint/18351

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