Analysis Of The Role Of Law In Addressing Gender-Based Violence From The Perspective Of Human Rights In Islamic Politics

Abstract

Gender-based violence (GBV) is a serious issue that violates human rights and is often neglected in legal contexts. This study aims to analyze the role of law in addressing GBV from a human rights (HR) perspective within the framework of Islamic politics. Using a qualitative approach, this article explores how Islamic legal principles-which emphasize the protection and respect of women—can be implemented to reduce gender-based violence. Islamic law, through the concepts of qiṣāṣ (retaliation) and ḥudūd (fixed punishments), provides a framework for sanctioning perpetrators of sexual crimes and violence; however, its implementation is often hindered by social and cultural factors. This study also highlights the importance of strong evidence and a fair legal process in ensuring justice for victims. Accordingly, the article recommends legal reform and increased public awareness to support more effective law enforcement in addressing GBV and protecting women’s rights in Indonesia.