Comparative Perspective on Marital Rape: Western Law and Islamic Law

DOI

10.2991/aebmr.k.200321.017How to use a DOI?

Keywords

marital rape, sexual violence, feminism

Abstract

Marital rape is something that is currently being widely discussed in Indonesia. The existing dialectical debate is due to the Draft Criminal Code (RKUHP) and the Sexual Violence Eradication (RUU PKS) which lists the matter. Rape in marriage can be seen in terms of western law and Islamic law. This is triggered by the existence of feminists who reject western law, that the husband can have sexual relations with his wife with the threat of violence or without the will and consent from the wife. This rejection is based on the law, which initially stated that in a husband and wife relationship there is no such thing as rape. In Islamic law, marriage ties will give rights and obligations to husband and wife to be able to have sexual relations with certain manners. Therefore, this paper will discuss the comparison of the views of western law and Islamic law of rape in marriage. This paper will also provide advice on the regulation of rape in marriage in Indonesia.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - A. Ainunnisa Rezky
AU  - R. Andini Naulina
AU  - U. Raditio Jati
PY  - 2020
DA  - 2020/03/27
TI  - Comparative Perspective on Marital Rape: Western Law and Islamic Law
BT  - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
PB  - Atlantis Press
SP  - 131
EP  - 137
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200321.017
DO  - 10.2991/aebmr.k.200321.017
ID  - AinunnisaRezky2020
ER  -