Optimalization of the Application of The Law Number 23 of 2004 on The Removal of Violence In The Household Perspective of Maqāṣid Al-Syarī`Ah

Abstract

The phenomenon of Domestic Violence (KDRT) itself is very contrary to the goals of Sharia, namely Maqāṣid Al-Syarī`ah and the principle of mu'asyarah bil ma'ruf, namely relations between husband and wife that are equal, harmonious and mutually respectful. Primarily, this research uses maqāṣid Al-Syarī`Ah Jāsir ʿAudah which is reoriented towards safeguarding, preserving and developing human resources, so it is important to optimize regulations and see their actualization, especially in the Women's Empowerment and Child Protection Department of Palu City. The aim of the research is to understand the optimization of the application of Law Number 23 of 2004 to legal protection efforts in the Palu City Women's Empowerment and Child Protection Service and analyze it using Jāsir ʿAudah's maqāṣid al-syarī`ah theory. In research using a qualitative approach, data collection techniques are through observation, interviews, and documentation, data analysis techniques used are data reduction, data presentation, and drawing conclusions. From the research results, it was found that the implementation of prevention, treatment and recovery measures carried out by the City Women's Empowerment and Child Protection Service was in accordance with Law Number 23 of 2004 which includes socialization strategies and legal protection. Even though the review of maqāṣid al-syarī`ah has been integrated in the implementation of this law, there is a need for more effective synergy between legal protection and fulfillment of the principles of maqāṣid al-syarī`ah to achieve optimal protection goals.