Protection of Women from the Dangers of Forced Marriage

Abstract

Rape is a man who forces a woman who is not his wife to have sexual intercourse with him with the threat of violence, which requires that the male genitalia has entered a woman's orifice which then releases semen. Meanwhile, Islamic law categorizes rape as adultery with coercion (al wath'u nil-kikrah) whose perpetrators can be subject to severe punishment (had). The element of the act is based on the crime of decency or adultery. The difference is that in adultery there is an element of willingness, whereas in rape there is an element of coercion. To identify the problems in the research, the researcher used the type of library research, using a conceptual approach. So the conclusion of this research. 1) The form of providing legal protection for victims of sexual violence is protection by lawin general which includes the provision of restitution and compensation. Providing counseling as a result of the emergence of psychological impacts, obtaining medical assistance services given to victims who suffer medically as a result of a crime and get legal assistance. Legal aid is a form of assistance to victims of crime. 2). In Islamic criminal law, rape is defined as forced adultery. A rape finger can only be considered rape if it fulfills the elements of the text that prohibits it, namely the letter al-Isra 'verse 32. There is an act of rape committed by a man to a woman. The perpetrator of rape is a mukallaf. The provisions of Islamic criminal law regarding the crime of rape are provided that the perpetrator's legal status is positioned as an adulterer, while the victim's legal status is a forced person.