Al-Manāhij: Jurnal Kajian Hukum Islam
Vol. 19 No. 2, July-December 2025, 247-270
DOI:
https://doi.org/10.24090/mnh.v19i2.13736
M. Nurul
Irfan, Maskur Rosyid, Kamaluddin Nurdin Marjuni, Mashilal

Creative Commons Attribution-ShareAlike 4.0
International License.

P-ISSN: 1978-6670 | E-ISSN: 2579-4167

Published by Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Assessing Indonesia and Malaysia’s Legal Responsiveness to
Domestic Violence Victims within Islamic Law Framework
Wardah Nuroniyah1, Mohammad Azka Al Azkiya2, Abdul Wahid3*,
Fatimah Lubabiyah Labib Shodiq4, Bani Syarif Maula5

Universitas Islam Negeri Syarif Hidayatullah Jakarta

1

Jl. Ir. H. Juanda No.95, Ciputat, Kota Tangerang Selatan, Indonesia
Universitas Islam Negeri Siber Syekh Nurjati Cirebon

2

Jl. Perjuangan ByPass Sunyaragi, Kesambi, Cirebon, Jawa Barat 45131 Indonesia
Universitas Muhammadiyah Cirebon

3

Jl. Fatahillah, Watubelah, Sumber, Cirebon, Jawa Barat 45611 Indonesia
International Islamic University Malaysia

4

Jl. Gombak, 53100 Kuala Lumpur, Selangor, Malaysia
Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

5

Jl. Ahmad Yani No. 40-A, Purwokerto, Jawa Tengah 53126, Indonesia
Email: wardah.nuroniyah@uinjkt.ac.id1, kasamindra9@gmail.com2, abdul.wahid@umc.ac.id3*
fatimah.lubabiyah@live.iium.edu.my4, banisyarifm@uinsaizu.ac.id5
Submitted
Revision

: 16-05-2025
: 01-09-2025

Accepted
Published

: 17-10-2025
: 24-10-2025

Abstract: This study presents a comparative analysis of Indonesia and Malaysia’s legal frameworks
for protecting victims of domestic violence through the lens of Islamic legal principles. It examines
both substantive and procedural dimensions in light of maqāṣid al-sharī‘ah, which emphasize the
preservation of life (ḥifẓ al-nafs), dignity (ḥifẓ al-‘ird), and family integrity (ḥifẓ al-nasl). Indonesia’s
Law No. 23 of 2004 provides broad substantive protection by recognizing various forms of violence
physical, psychological, sexual, and economic and extending safeguards to domestic workers. This
inclusivity aligns with the Islamic principle of ‘adl (justice) and the duty to uphold human dignity,
though weak coordination and limited law enforcement training hinder procedural implementation.
In contrast, Malaysia’s Domestic Violence Act 1994 demonstrates stronger procedural responsiveness,
particularly in issuing protection orders and promoting inter-agency cooperation. While its
narrower scope excludes domestic workers, it reflects dar’ al-mafāsid (prevention of harm) through
timely intervention. Malaysia’s dual legal system also integrates Islamic values into judicial practice.
The study concludes that Indonesia excels in substantive inclusivity, while Malaysia demonstrates
procedural strength. A hybrid model combining Indonesia’s normative scope with Malaysia’s
procedural efficiency would better fulfill the Shariah’s holistic objectives of justice and protection.
Keywords: Domestic Violence, Islamic Family Law, Victim Protection, Indonesia, Malaysia.

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Abstrak: Kajian ini menawarkan analisis komparatif kerangka hukum Indonesia dan Malaysia untuk
melindungi korban kekerasan dalam rumah tangga, dilihat melalui perspektif normatif prinsip-prinsip hukum
Islam. Analisis ini mempertimbangkan dimensi substantif dan prosedural, dengan mengacu pada tujuan
hukum Islam (maqāṣid al-sharī‘ah), yaitu pelestarian kehidupan (ḥifẓ al-nafs), pemeliharaan martabat (ḥifẓ
al-‘ird), dan perlindungan integritas keluarga (ḥifẓ al-nasl). Di Indonesia, Undang-Undang No. 23 Tahun
2004 tentang Penghapusan Kekerasan dalam Rumah Tangga memberikan cakupan substantif yang luas
dengan mendefinisikan berbagai bentuk kekerasan fisik, psikologis, seksual, dan ekonomi dan memperluas
perlindungan kepada pekerja rumah tangga. Inklusivitas ini mencerminkan keharusan Islam akan keadilan
(‘adl) dan tugas untuk menegakkan martabat manusia. Namun, koordinasi kelembagaan yang lemah dan
pelatihan yang terbatas untuk penegakan hukum melemahkan efektivitas prosedural. Undang-Undang
Kekerasan Dalam Rumah Tangga Malaysia tahun 1994, di sisi lain, menunjukkan respons prosedural yang
lebih kuat, terutama dalam mengeluarkan perintah perlindungan dan memfasilitasi kolaborasi antarlembaga.
Meskipun cakupan substantifnya lebih sempit dan mengecualikan pekerja rumah tangga, mekanismenya lebih
selaras dengan prinsip Islam tentang pencegahan bahaya (dar’ al-mafāsid). Sistem hukum ganda Malaysia,
yang mengintegrasikan pengadilan Syariah dan perdata, semakin menanamkan nilai-nilai Islam ke dalam
praktik peradilan. Studi ini menyimpulkan bahwa Indonesia unggul dalam inklusivitas substantif, sementara
Malaysia lebih kuat dalam prosedur. Model gabungan akan memberikan perlindungan holistik yang selaras
dengan tujuan Syariah.
Kata Kunci: Kekerasan dalam Rumah Tangga, Hukum Keluarga Islam, Perlindungan Korban, Indonesia,
Malaysia.

Introduction
Domestic violence remains a pervasive issue across many societies, undermining the fundamental
rights and dignity of victims.1 Within Muslim-majority countries such as Indonesia and Malaysia, the
problem assumes a distinctive legal and moral dimension, as responses to domestic violence23 are
not only governed by state legislation but also informed by the normative framework of Islamic
law. The integration of Islamic legal principles into domestic violence legislation underscores the
commitment of both countries to align state policies with religious values,4 particularly in addressing
the protection of vulnerable groups within the family.
This study emphasizes that protecting victims of domestic violence is integral to achieving the
higher objectives of Islamic law (maqāṣid al-sharī‘ah), including the preservation of life, dignity, and
1

2

3

4

Tateki Yoga Tursilarini et al., “Examining Child Victims of Incest in Indonesia: Between the Legal System and Family
Dysfunction,” JURIS (Jurnal Ilmiah Syariah) 23, no. 1 (June 28, 2024): 129, https://doi.org/10.31958/juris.v23i1.12341.
Rifdah Alifiyah and Isa Anshori, “Legal Protection for Children in Cases of Domestic Violence in the Indonesian Households,”
El-Usrah: Jurnal Hukum Keluarga 6, no. 2 (December 30, 2023): 348, https://doi.org/10.22373/ujhk.v6i2.19153; Andi Muhammad
Akmal et al., “Legal Solutions for Domestic Violence in Unregistered Marriages in Indonesia: Integrating Maqāṣid Al-Sharī’ah,”
El-Usrah: Jurnal Hukum Keluarga 7, no. 2 (December 31, 2024): 768, https://doi.org/10.22373/ujhk.v7i2.25971; Mulida Hayati
and Nuraliah Ali, “Husband’s Sexual Violence: Protection Rights for Wives in Terms of Islamic and Indonesian State Law,”
Al-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan 21, no. 1 (June 30, 2021): 65–81, https://doi.org/10.30631/alrisalah.
v21i1.662.
Kateryna Buriak et al., “Empirical Analysis of Legal Regulations on Family Violence During Wartime in Ukraine: A
Comprehensive Examination,” Syariah: Jurnal Hukum Dan Pemikiran 23, no. 2 (March 16, 2024): 267–80, https://doi.org/10.18592/
sjhp.v23i2.12390.
Aslati et al., “Utilizing Science and Maqāṣid Al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law,” Al-Manahij:
Jurnal Kajian Hukum Islam, March 16, 2024, 17–36, https://doi.org/10.24090/mnh.v18i1.10571; Zaimuariffudin Shukri Nordin
et al., “Integrating Islamic Law and Customary Law: Codification and Religious Identity in the Malay Buyan Community of
Kapuas Hulu,” Journal of Islamic Law 6, no. 1 (February 28, 2025): 89–111, https://doi.org/10.24260/jil.v6i1.3410.

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Wardah Nuroniyah, Mohammad Azka Al Azkiya, Abdul Wahid, Fatimah Lubabiyah Labib Shodiq, Bani Syarif Maula

family integrity. It views domestic violence not merely as a social or legal issue but as a violation
of Sharia’s core values of justice, compassion, and harm prevention.5 By comparing Indonesia and
Malaysia, the study highlights how each legal system reflects these objectives within its Islamic legal
framework.6
Existing scholarship on domestic violence in both countries has largely concentrated on
descriptive analyses of national laws, institutional mechanisms, and sociocultural factors. For
instance, previous studies on Indonesia often focus on Law No. 23 of 2004 on the Elimination of
Domestic Violence, particularly its broad substantive coverage that recognizes multiple forms
of abuse,7 including psychological and economic violence. Similarly, research on Malaysia has
extensively discussed the Domestic Violence Act 1994, with an emphasis on procedural aspects such
as protection orders and inter-agency cooperation.8 While these contributions provide valuable
insights, they frequently treat the two countries in isolation and rarely engage in a comparative legal
analysis grounded explicitly in the objectives of Islamic law.
While earlier scholarship has examined the legislative frameworks of Indonesia and Malaysia
separately, much of it remains fragmented. Studies on Indonesia often highlight the breadth of Law
No. 23 of 2004, which recognizes not only physical but also psychological, sexual, and economic
violence, including protections for domestic workers. Meanwhile, analyses of Malaysia typically
emphasize the Domestic Violence Act 1994, focusing on procedural safeguards such as interim
protection orders and coordination between police, courts, and welfare departments.9 These studies
provide valuable insights but tend to treat each jurisdiction in isolation, limiting the opportunity
for a deeper understanding of how Islamic legal principles are operationalized in practice across
different national contexts.
This research compares Indonesia and Malaysia through the lens of maqāṣid al-sharī‘ah,
emphasizing how the higher objectives of Islamic law preserving life (ḥifẓ al-nafs), dignity (ḥifẓ alʿird), and family integrity (ḥifẓ al-nasl) are manifested differently in each legal system. In Indonesia,
these aims appear through substantive inclusivity, as the law recognizes multiple forms of abuse and
extends protection to marginalized groups. Malaysia, by contrast, expresses these objectives more
effectively in procedural mechanisms, ensuring quicker access to protection orders and stronger
inter-agency coordination. However, Indonesia’s broader scope often suffers from weak enforcement
and limited institutional capacity, while Malaysia’s efficiency risks excluding certain vulnerable
groups due to narrower coverage.

5

6

7

8

9

Norazlina Abdul Aziz et al., “Harm ‘Ḍarar’in Polygamous Marriage: Analyzing The Legal Framework in Malaysia and
Indonesia,” AHKAM: Jurnal Ilmu Syariah 25, no. 1 (2025): 53–70, https://doi.org/10.15408/ajis.v25i1.32068; Atun Wardatun,
“Knitting Reciprocity and Communality: Countering the Privatization of Family in Bimanese Muslim Local Marriage of
Eastern Indonesia,” Journal of Islamic Law 5, no. 2 (August 23, 2024): 197–221, https://doi.org/10.24260/jil.v5i2.2771.nika taho
(good marriage
Ahmad Bin Muhammad Husni, Zaini Nasohah, and Mohd Izhar Ariff Mohd Kashim, “Problem of Domestic Violence and Its
Solutions in the Light of Maqasid Shariah,” Asian Social Science 11, no. 22 (2015): 33.
Sukendar Sukendar et al., “Women’s Access To Justice: Mediation For The Victims of Domestic Violence In Central Java,
Indonesia,” Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 7, no. 1 (March 31, 2023): 602, https://doi.org/10.22373/sjhk.
v7i1.9471.
Hanafi Arief, “Domestic Violence: Comparison between Islamic Law and Domestic Violence Act,” Pena Justisia: Media Komunikasi
Dan Kajian Hukum 22, no. 1 (2023): 26–34.
Hamdan Ladiku and Akhmad Roja Badrus Zaman, “Examining Domestic Violence from The Lens of Islamic Law: A Maqasid
Analysis,” Ulul Albab: Jurnal Studi Dan Penelitian Hukum Islam 6, no. 2 (2024): 152–70.

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By contrasting these approaches, the study demonstrates how differing emphases substantive
versus procedural can either strengthen or constrain the realization of Islamic legal objectives. It
proposes a complementary model combining Indonesia’s normative inclusivity with Malaysia’s
procedural efficiency, offering a more comprehensive response to domestic violence. Such
integration not only enriches comparative Islamic legal discourse but also provides actionable
insight for policymakers and jurists. Ultimately, by grounding its analysis in maqāṣid al-sharī‘ah, this
study affirms that protecting victims of domestic violence is both a legal duty and a moral imperative
within Islamic law.
This study employs a doctrinal legal research approach using secondary data sources classified
into primary (statutory laws), secondary (academic works), and tertiary (legal references) materials,
gathered from reputable databases such as HeinOnline, Scopus, JSTOR, and official portals like
Indonesia’s JDIH and Malaysia’s e-Federal Gazette.10 The analysis integrates content and comparative
legal methods: content analysis examines the textual and normative coherence of domestic violence
laws with maqāṣid al-sharī‘ah (objectives of Islamic law), while comparative analysis evaluates each
system’s substantive inclusivity, procedural responsiveness, and institutional effectiveness.11 This
combined framework critically assesses how Indonesia and Malaysia align their legal responses
with Islamic ethical imperatives particularly the protection of human dignity (ḥifẓ al-ʿird) and the
prevention of harm (dar’ al-mafāsid) offering a comprehensive understanding of how both jurisdictions
embody Islamic values in addressing domestic violence.
The Concept of Responsiveness in Legal Perspective
Legal responsiveness theory underscores the capacity of law to evolve in response to changing
social needs while upholding justice, especially for marginalized groups such as victims of violence.
Philip Nonet and Philip Selznick distinguish between autocratic law, which is rigid and rulecentered, and responsive law, which adapts to societal contexts and prioritizes substantive justice.
In addressing violence, responsive law extends beyond the binary of perpetrator and victim by
considering the broader social environment, victims’ vulnerabilities, and the importance of recovery
and empowerment.12 Such an approach transforms law into a dynamic instrument of justice,
protection, and social transformation, rather than a mere mechanism of punishment.13
In the Islamic legal tradition, responsiveness is deeply rooted in ethical and spiritual foundations.
Central among these is al-‘adālah (justice), which is a divine command guiding all legal and social
relations. The Qur’an (Surah al-Nisā’ 4:58) instructs believers to uphold fairness in adjudication and
law enforcement, underscoring that justice is both a moral and legal imperative. Complementing
justice is the principle of raḥmah (compassion), which ensures that victims of violence are treated
with empathy and dignity. Compassion demands that legal processes alleviate suffering and promote
restoration rather than perpetuate harm.14
10
11

12

13

14

Terry Hutchinson, Researching and Writing in Law (Sydney: Thomas Lawbook Co., 2006), 16.
Edward J. Eberle, “The Methodology of Comparative Law,” Roger Williams UL Rev. 16 (2011): 51; Muh Hanif, “Parenting Patterns
of Children and Family Functions in Social Capital Perspective,” International Journal of Social Science and Religion (IJSSR), June 8,
2023, 209–34, https://doi.org/10.53639/ijssr.v4i2.178.
Qodariah Barkah et al., “Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective,” AL-IHKAM: Jurnal
Hukum & Pranata Sosial 17, no. 2 (2022): 383–411.
Philippe Nonet, Philip Selznick, and Robert A Kagan, Law and Society in Transition: Toward Responsive Law (New York: Routledge,
2017), 37.
Hendro Widodo et al., “Restitution as an Instrument of Justice for Victims of Domestic Sexual Violence: A Study of Positive
and Islamic Law in the Contemporary Era,” MILRev: Metro Islamic Law Review 4, no. 1 (2025): 676–99, https://doi.org/10.32332/
milrev.v4i1.10436.

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Islamic jurisprudence (fiqh) articulates several principles that strengthen legal responsiveness.15
The principle of al-‘adālah mandates fairness and prioritizes the protection of victims. The maxim lā
ḍarara wa lā ḍirār (no harm and no reciprocal harm) obliges the law to prevent and eliminate suffering,
ensuring victims’ safety and rehabilitation.16 Meanwhile, al-ḥukm ‘alā al-shay’ far‘un ‘an taṣawwurihi (a
ruling depends on proper understanding of reality)17 requires accurate contextual comprehension,
urging jurists to ground decisions in lived experiences and evolving societal dynamics.18
Collectively, these principles demonstrate that Islamic law is not static but inherently adaptive,
balancing divine command with human welfare. Its responsiveness integrates justice, compassion,
and contextual awareness, ensuring relevance in addressing modern challenges.19 Ultimately, both
secular and Islamic perspectives converge on the idea that law must serve as a means of justice
and protection. While general legal theory views responsiveness as adaptability to social change,
Islamic law frames it as a moral and divine duty to prevent harm, uphold dignity, and promote social
welfare. A truly responsive legal system, therefore, is one that harmonizes procedural adaptability
with ethical purpose, ensuring that law remains humane, equitable, and transformative in protecting
the vulnerable.20
Chart of Legal Responsiveness and Islamic Law

The chart illustrates the connection between legal responsiveness theory, Islamic legal
principles, and their application in protecting victims of violence. Drawing from Philip Nonet and
15

16
17
18
19
20

Faqiuddin Abdul Kodir et al., “Maqāṣid Cum-Mubādalah Methodology of KUPI: Centering Women’s Experiences in Islamic Law
for Gender-Just Fiqh,” AL-IHKAM: Jurnal Hukum & Pranata Sosial 19, no. 2 (January 25, 2025): 519–45, https://doi.org/10.19105/allhkam.v19i2.16617.often neglecting the lived experiences of women. This article examines innovative methodology proposed
by the Indonesian Congress of Women Ulama (Kongres Ulama Perempuan Indonesia, or KUPI
Wahbah Al-Zuhaili, Uṣūl Al-Fiqh Al-Islāmī (Damascus: Dār al-Fikr, 1986), 58.
Abu Zakariyya Yahya ibn Syarf Al-Nawawi, Al-Majmūʿ Sharḥ Al-Muhadhdhab (Beirut: Dār al-Fikr, 1977), 73.
Abu Hamid Muḥammad al-Ghazali, Al-Mustaṣfā Min ‘Ilm Al-Uṣūl (Lebanon: Dār al-Huda, 1994), 117.
Abdurahman Al-Suyūṭī, Al-Asybāh Wa Al-Naẓā’ir Fī Al-Furū’ (Beirut: Dār al-Fikr, n.d.), 44.
Nonet, Selznick, and Kagan, Law and Society in Transition: Toward Responsive Law.

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Philip Selznick, it emphasizes that law must be adaptive to social needs, particularly for vulnerable
groups. Integrated with Islamic values such as al-‘adālah (justice), raḥmah (compassion), and ta‘āwun
(cooperation), this framework provides moral guidance for responsive lawmaking. The chart further
demonstrates how these principles translate into practice through substantive justice, effective
protection, and victim recovery, showing that law and Islamic ethics together uphold human dignity
and promote social welfare.
Islamic Legal Framework on Domestic Violence
Domestic violence remains a critical issue across many Muslim-majority countries, with
prevalence rates reflecting deep cultural and social disparities. A review of 151 studies across 11
Middle Eastern and North African nations found alarming figures physical violence reached 95.2% in
Turkey and 66% in Lebanon, while sexual violence was highest in Iran (81.5%) and Turkey (74.6%).21
These variations highlight how patriarchal norms, family honor, and perceptions of domestic
violence as a private matter hinder reporting and justice. In Pakistan, 70–90% of women face
domestic abuse, yet most cases remain unreported due to stigma and weak legal protections.22 Some
countries have introduced legal reforms; notably, Saudi Arabia’s 2013 Protection from Abuse Law
criminalized physical, psychological, and sexual violence.23 However, persistent cultural resistance,
inadequate institutional coordination, and limited public awareness continue to undermine effective
enforcement.24 These challenges are largely driven by factors such as legal conflict and uncertainty,
systemic disarray, fragmented resources, and a lack of coordination and collaboration, highlighting
that legal progress alone cannot eliminate deeply entrenched gender-based violence.25
From an Islamic perspective, domestic violence contradicts the core principles of justice (al‘adālah), compassion (raḥmah), and harm prevention (dar’ al-mafāsid) that underpin family life.
The Qur’an and Sunnah emphasize mawaddah (love), raḥmah (compassion), and mu‘āsharah bi alma‘rūf (living together in kindness) as foundations of marriage, making any act of physical, sexual,
psychological, or emotional harm a violation of Islamic ethics.26 Beyond legal prohibition, Islam views
the family as a moral and spiritual institution guided by the higher objectives of Sharia (maqāṣid alsharī‘ah), which include preserving life (ḥifẓ al-nafs), protecting dignity (ḥifẓ al-‘ird), and safeguarding
family integrity (ḥifẓ al-nasl). Thus, domestic violence is not only a social or legal transgression but a
direct breach of divine mandates that ensure justice, compassion, and the well-being of the Muslim
community.27 At the heart of Islamic law is the Qur’anic command to uphold justice and fairness, as
stated in Surah al-Nisāʾ (4:58), making victim protection a divine obligation. The Prophet Muhammad
(peace be upon him) reinforced this ethic, declaring that “the best of you are those who are best to
their wives,” positioning domestic violence as contrary to Islamic values. Classical jurists expanded
21

22

23

24

25
26
27

Ibrahim Olatunde Uthman, “Women and the Public Space in Muslim Majority Countries and the West,” International Journal of
Islamic Thought 22 (2022): 40–49, https://doi.org/10.24035/ijit.22.2022.238.
Claudia García-Moreno et al., Global and Regional Estimates of Violence against Women: Prevalence and Health Effects of Intimate
Partner Violence and Non-Partner Sexual Violence (New York: World Health Organization, 2013), 20.
Yasser M Kazzaz et al., “The Epidemiology of Domestic Violence in Saudi Arabia: A Systematic Review,” International Journal of
Public Health 64, no. 8 (2019): 1223–32.
Nizla Rohaya et al., “Unraveling the Legal Labyrinth: An In-Depth Review of Domestic Violence Regulation in Indonesia,”
Nurani: Jurnal Kajian Syari’ah Dan Masyarakat 24, no. 1 (June 24, 2024): 77–90, https://doi.org/10.19109/nurani.v24i1.20011.
Nesrine Malik, “Saudi Arabia’s Domestic Violence Law Is a First Step to Changing Attitudes,” The Guardian 30 (2013): 13.
Khaled Abou El Fadl, Speaking in God’s Name: Islamic Law, Authority and Women (London: Simon and Schuster, 2014), 33.
Abou El Fadl.

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this protection through fiqh principles such as lā ḍarar wa lā ḍirār (no harm and no reciprocal harm) and
al-ḥukm ‘alā al-shayʾ far‘un ‘an taṣawwurihi (rulings based on contextual understanding), emphasizing
justice, harm prevention, and social awareness.28
Contemporary Islamic jurisprudence increasingly promotes gender equality and condemns
domestic violence,29 grounding interpretation in maqāṣid al-sharī‘ah notably the protection of life (ḥifẓ
al-nafs) and honor (ḥifẓ al-‘irḍ). Scholars like Yusuf al-Qaradawi and Zainab Alwani advocate ethical,
contextual readings of the Qur’an that uphold justice, compassion, and women’s dignity, a stance
supported by the International Islamic Fiqh Academy, which calls for families built on mercy and
respect.30 In practice, Indonesia reflects these principles through inclusive recognition of various
abuses and protection for domestic workers, while Malaysia focuses on procedural safeguards
and inter-agency coordination.31 Both derive legitimacy from Sharia’s ethical, victim-centered
foundation.32
Therefore, the Islamic legal framework on domestic violence emphasizes justice, compassion,
and harm prevention as guiding principles. It requires not only the prohibition of violence but also
proactive measures to safeguard the dignity and well-being of victims. When operationalized through
statutory reforms and institutional mechanisms, these principles can provide an authentic and
holistic response to domestic violence, ensuring that legal protections resonate with both religious
ethics and contemporary demands for gender justice.
Legal Regulation and Protection of Victims of Domestic Violence in Indonesia
Law No. 1 of 1974 concerning Marriage serves as the fundamental legal framework governing
marriage in Indonesia. The law stipulates that the primary purpose of marriage is to form a “happy
and eternal family based on the Almighty God.” Although the law does not explicitly regulate
domestic violence, it establishes core principles such as the obligation of husband and wife to love,
respect, and support each other. These provisions implicitly reject all forms of domestic violence,
as violence directly contradicts the spirit of mutual respect and harmony envisioned in the marital
relationship. Furthermore, Article 31 affirms the equal position of husband and wife in household
life, while Article 33 underscores the principle of cooperation and partnership, which, if violated
through acts of violence, disrupts the essence of family life.33
A more explicit legal framework is provided by Law No. 23 of 2004 on the Elimination of
Domestic Violence (UU PKDRT). This law was a landmark development, marking a paradigm
shift from perceiving domestic violence as a “private matter” to recognizing it as a criminal act
and a violation of human rights. Article 1 defines domestic violence as “any act against a person,
28
29

30

31

32

33

Abou El Fadl.
Ahmad Lonthor and La Jamaa, “Moluccas Local Wisdom in the Role of Marriage Arbitrator for Preventing Domestic Violence,”
AL-IHKAM: Jurnal Hukum & Pranata Sosial 15, no. 2 (December 29, 2020): 201–23, https://doi.org/10.19105/al-lhkam.v15i2.3677.
Ahmed Gad Makhlouf, “The Doctrinal Development of Contemporary Islamic Law: Fiqh Academies as an Institutional
Framework,” Oxford Journal of Law and Religion 10, no. 3 (2021): 464–86.
Martina Purna Nisa, “Critical Review of Domestic Violence as Reason for Divorce (Comparison of Divorce Laws in Indonesia,
Malaysia and the Maldives),” AL-IHKAM: Jurnal Hukum & Pranata Sosial 16, no. 1 (June 22, 2021): 1–26, https://doi.org/10.19105/
al-lhkam.v16i1.4292.Malaysia (Negeri Sembilan, Persekutuan Pulau Pinang, Selangor dan Johor
Cybèle Cochran, “Women and the Law in Islamic Societies: Legal Responses to Domestic Violence in Saudi Arabia and Morocco,”
Al-Nakhlah: The Fletcher School Online Journal on Southwest Asia and Islamic Civilization 1 (2010): 11–43.
Siti Aisyah and Lyn Parker, “Problematic Conjugations: Women’s Agency, Marriage and Domestic Violence in Indonesia,” in
Contestations Over Gender in Asia (Routledge, 2017), 42–60.

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especially women, which results in physical, sexual, psychological suffering, and/or neglect of the
household.” The law obligates the state not only to prevent domestic violence but also to protect
victims, prosecute perpetrators, and provide rehabilitation for survivors. It categorizes domestic
violence into four forms: (1) physical violence, (2) psychological violence, (3) sexual violence, and (4)
household neglect.34
Data from the National Commission on Violence Against Women (Komnas Perempuan) indicates
that cases of domestic violence remain alarmingly high. In 2022, for instance, Komnas Perempuan
recorded over 289,000 cases of violence against women, with domestic violence constituting the
majority of reported cases.35 These statistics underscore both the persistence of the problem and the
urgent need for effective enforcement of the UU PKDRT.
The judiciary, particularly the Supreme Court (Mahkamah Agung or MA) and the religious courts,
plays a central role in actualizing the principles of both Islamic law and human rights in domestic
violence cases. The Supreme Court has issued Supreme Court Regulation (PERMA) No. 3 of 2017 on
Guidelines for Adjudicating Cases of Women in Conflict with the Law. This regulation requires judges
to adopt a gender-sensitive perspective, avoid discriminatory practices, and ensure victim-centered
justice. The PERMA also instructs judges to consider broader social and psychological factors affecting
women in legal disputes, thereby reinforcing the state’s commitment to gender equality in judicial
practice.
Religious Courts, which hold jurisdiction over family law for Muslims including divorce,
inheritance, and guardianship are often the first legal institutions encountered by victims of
domestic violence.36 In divorce proceedings, domestic violence is recognized as valid legal grounds
for dissolution of marriage. Courts may consider evidence of abuse and prioritize victim protection
in their rulings, guided by the principles of justice, welfare, and the protection of human dignity.
A unique feature within the Indonesian context is the sighat ta‘lik talak, a conditional divorce
pronouncement recited by the husband at the time of the marriage contract. If the husband violates
these conditions such as by committing acts of violence or neglect the wife is granted the right to
petition for divorce before the religious courts. This mechanism reflects the integration of Islamic
legal traditions with statutory law, providing women with a practical legal avenue for protection.37

Taken together, Indonesia’s family law system, reinforced by the Marriage Law, the UU PKDRT,
and judicial mechanisms, provides a robust legal framework to combat domestic violence. However,
the effectiveness of these protections depends heavily on consistent enforcement, gender-sensitive
interpretation by courts, and broader efforts to dismantle social stigma that prevents victims from
seeking justice.38
34

35

36

37

38

Vivi Ariyanti, “Legal Protection for Victims of Sexual Violence in Indonesia in the Perspectives of Victimology and Fiqh
Jinayah,” El-Aqwal: Journal of Sharia and Comparative Law 2, no. 2 (August 2023): 121–34, https://doi.org/10.24090/el-aqwal.
v2i2.9411.
Komnas Perempuan, “Catatan Tahunan Kekerasan Terhadap Perempuan,” Komisi Nasional Anti Kekerasan Terhadap Perempuan
(Jakarta, 2023), 8.
Nasruddin Yusuf, Nur Azizah, and Faradila Hasan, “Feminism Analysis of Judges’ Considerations for Post-Divorce Domestic
Violence Victims in Medan and Banda Aceh Religious Courts,” Al-’Adalah 20, no. 2 (December 26, 2023): 283, https://doi.
org/10.24042/adalah.v20i2.16177.which then encourages the wife to sue her husband for divorce through the courts. In this
case, the Compilation of Islamic Law (KHI
Hasanudin Hasanudin et al., “Phenomena of Domestic Violence Against Women and Divorce in 2020-2022 in Indonesia: An
Islamic Perspective,” Al-Manahij: Jurnal Kajian Hukum Islam 17, no. 2 (2023): 137–52, https://doi.org/10.24090/mnh.v17i2.7686.
Mutiara Mutiara and Syofiaty Lubis, “Implementation of Law No. 23 of 2004 on the Elimination of Domestic Violence Domestic
Violence (PKDRT) in the Province of North Sumatra,” Journal of Law, Politic and Humanities 4, no. 3 (March 2024): 221–26, https://
doi.org/10.38035/jlph.v4i3.333.

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Legal Regulation and Protection of Victims of Domestic Violence in Malaysia
The Islamic Family Law (Federal Territories) Act 1984 (IFLA 1984) governs Muslim family law in
Malaysia, covering marriage, divorce, maintenance, custody, and inheritance. Section 23, allowing
polygamy with Syariah Court approval, remains contentious. Critics view it as perpetuating gender
inequality and potential injustice, while supporters argue it aligns with Islamic law under strict
ethical limits. The Syariah Court must assess whether polygamy is “just and necessary,” considering
financial, emotional, and social impacts. Despite these safeguards, women’s groups like Sisters in
Islam (SIS) contend the provision still disadvantages women and risks promoting marital conflict
and instability.39
In response to growing concerns about domestic violence, Malaysia enacted the Domestic
Violence Act 1994 (DVA 1994), a landmark piece of federal legislation aimed at protecting victims
from various forms of abuse, including physical, emotional, psychological, sexual, and economic
violence. The Act introduced legal remedies such as Interim Protection Orders (IPO) and Protection
Orders (PO), which allow victims to obtain immediate court protection against perpetrators. The
law was later amended in 2012 and 2017 to broaden the definition of domestic violence, criminalize
psychological abuse more explicitly, and strengthen enforcement measures, such as enabling the
police to issue emergency protection orders.40
Despite these advances, implementation challenges persist. Low levels of public awareness,
cultural stigma, and reluctance to report cases continue to impede the law’s effectiveness. According
to the Royal Malaysia Police (PDRM), reports of domestic violence cases increased by nearly 50%
during the COVID-19 lockdowns, with over 9,000 cases recorded between 2020 and 2021. The Women’s
Aid Organisation (WAO) also reported that 1 in 3 women in Malaysia has experienced some form of
domestic violence in her lifetime. These statistics highlight the urgent need for more robust public
education campaigns, victim support mechanisms, and improved coordination among enforcement
agencies.41
Malaysia’s dual legal system comprises secular law, which is primarily based on the English
common law tradition, and Syariah law, which operates in parallel and applies exclusively to
Muslims. This structure creates both opportunities and challenges in addressing domestic violence.
The Syariah Courts hold jurisdiction over family law matters involving Muslims, including marriage,
divorce, maintenance, child custody, and certain moral offenses such as adultery (zina) or alcohol
consumption. Although the Domestic Violence Act is a civil statute, Muslim victims of domestic
violence often face overlapping jurisdictions, particularly when their cases involve divorce,
maintenance, or child custody that fall under the authority of the Syariah Courts.42

39

40

41

42

Abdussalam Muhammad Shukri and Musa Yusuf Owoyemi, “Sisters in Islam’s Quest for the Reinterpretation of the Qur’an and
Hadith: An Analysis of Their Views on Equality, Women Judges, and Polygamy,” Kajian Malaysia 32, no. 1 (2014): 55–80.
Margie Gladies Sopacua, Iqbal Taufik, and Serhii Ablamski, “Comparative Legal Analysis of the Resolution of Physical Violence
Crimes Against Women in Indonesia and Malaysia,” Law Reform: Jurnal Pembaharuan Hukum 21, no. 2 (2025): 241–65, https://doi.
org/10.14710/lr.v21i2.65211.
Yuhaniz Ahmad and Salmi Razali, “Self-Reported Exposure to Domestic Violence and Family Dynamics During the Pandemic
of Covid-19 in Malaysia,” Malaysian Journal of Medicine and Health Sciences 21, no. 3 (2025): 241–48, https://doi.org/10.47836/
mjmhs.21.3.28.
Victoria Perrie, “Addressing Gender-Based Violence against Women in Malaysia: Impact of CEDAW’s Concluding Observations,”
Corridors of Knowledge for Peace and Development (Sustainable Development Policy Institute, August 2020).

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The establishment of the Department of Syariah Judiciary Malaysia (Jabatan Kehakiman Syariah
Malaysia, JKSM) in 1998 was intended to harmonize and enhance the efficiency of the Syariah Court
system nationwide.43 Among its initiatives are Practice Guidelines designed to standardize judicial
administration and improve governance. While not legally binding, these guidelines provide valuable
references for judges and practitioners. Nevertheless, challenges remain, particularly in evidentiary
procedures: many victims struggle to substantiate claims of violence due to the restrictive evidentiary
rules often applied in Syariah courts, which may not adequately account for psychological or
emotional abuse. This gap underscores the urgency of reforming evidentiary standards to ensure
fairness and comprehensive protection for victims.44
Addressing domestic violence in Malaysia requires multi-sectoral collaboration between the
courts, social institutions, and civil society organizations. NGOs such as the Women’s Aid Organisation
(WAO), Sisters in Islam (SIS), and All Women’s Action Society (AWAM) play critical roles in advocacy,
legal assistance, and victim support. Shelters such as Rumah Puteri provide immediate protection
and rehabilitation services, while integrating psychological counseling and, in some cases, Islamic
spiritual guidance to help victims recover holistically. This dual approach combining legal protection
with psychosocial and spiritual support reflects a growing recognition that effective responses to
domestic violence must address both material and emotional dimensions.45
Moreover, Malaysia’s Ministry of Women, Family, and Community Development has introduced
programs such as the Talian Kasih hotline (15999), a 24-hour crisis line for reporting domestic
violence, child abuse, and other family issues. Between 2020 and 2022, calls to Talian Kasih surged,
indicating both rising awareness and the scale of the problem. Still, critics point out that without
sustained institutional reform and stronger enforcement, many victims remain trapped in cycles of
abuse despite the existence of protective laws.46
Malaysia’s legal framework anchored by the IFLA 1984 and DVA 1994 provides a structured
but imperfect system for addressing domestic violence. While legislative reforms and institutional
innovations mark significant progress, cultural barriers, jurisdictional overlaps, and evidentiary
limitations hinder full protection of victims.47 Ensuring true legal responsiveness requires not only
statutory reform but also deeper collaboration between Syariah courts, civil courts, state institutions,
and civil society organizations. By integrating legal, psychological, and religious dimensions, Malaysia
can move toward a more holistic and victim-centered framework for combating domestic violence.
Comparative Analysis of Legal Responsiveness in Indonesia and Malaysia
A comparative examination of Indonesia and Malaysia reveals significant differences in the
regulatory, institutional, and socio-legal approaches to protecting victims of domestic violence.
While both countries have established formal legal frameworks aimed at curbing domestic violence,
43

44

45

46

47

Kikue Hamayotsu, “The Political Origins of Islamic Courts in Divided Societies: The Case of Malaysia,” in Journal of Law and
Religion, vol. 33, 2018, 248–70, https://doi.org/10.1017/jlr.2018.24.
Manique Cooray, Siti Zaharah Jamaluddin, and Zulazhar Tahir, “Violence and Sexual Offences against Children in Malaysia:
Searching for the Right Approach,” International Journal of Business and Society 21, no. S1 (2020): 152–64.
Mohd Safri Mohammed Na’aim, Ramalinggam Rajamanickam, and Rohaida Nordin, “Intimate Partner Violence within the
Framework of Malaysian Laws,” UUM Journal of Legal Studies 13, no. 1 (2022): 131–54.
Ahmad and Razali, “Self-Reported Exposure to Domestic Violence and Family Dynamics During the Pandemic of Covid-19 in
Malaysia.”
Na’aim, Rajamanickam, and Nordin, “Intimate Partner Violence within the Framework of Malaysian Laws.”

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the scope, effectiveness, and cultural resonance of these frameworks vary, shaped by each country’s
legal traditions, institutional capacities, and socio-cultural contexts.
Regulatory Approach
The regulatory framework highlights the central role of legislation in providing legal protection
to victims. In Indonesia, Law No. 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT)
serves as the primary legal instrument. The law explicitly defines domestic violence in broad terms,
covering physical, psychological, sexual abuse, and neglect, while also granting victims the right
to seek temporary and permanent protection orders. However, a notable weakness lies in the
enforcement gap: while protection orders may be issued, there is often limited sanctioning power
when perpetrators violate them. This gap reduces the deterrent effect of the law and undermines
victim safety.48
Malaysia, on the other hand, enacted the Domestic Violence Act 1994 (DVA 1994, Act 521),
which was later amended in 2012 and 2017 to expand the definitions of abuse and strengthen
enforcement. Unlike Indonesia, Malaysia’s legislation provides clearer procedural mechanisms and
criminal sanctions for violations of protection orders, offering victims more immediate safeguards.
However, the scope of protection is narrower. For example, unlike Indonesia, the Act does not extend
to domestic workers, leaving a vulnerable group without adequate legal coverage. This contrast
demonstrates that while Indonesia excels in normative inclusivity, Malaysia’s framework is stronger
in procedural clarity and enforcement capacity.49
Institutional Approach
Institutional responsiveness is crucial for translating legal norms into practice. In Indonesia,
institutions such as the Police, Prosecutor’s Office, and Courts play central roles in the criminal justice
process. Nevertheless, inter-institutional coordination remains a persistent challenge, often leading
to delays or fragmented responses. Additional bodies such as the National Commission on Violence
against Women (Komnas Perempuan) and the Witness and Victim Protection Agency (LPSK) provide
vital advocacy, monitoring, and victim assistance services, filling gaps left by the justice system.
Malaysia similarly relies on multiple institutions, but its approach is characterized by more
formalized government-led support systems. The Ministry of Women, Family, and Community
Development (KPWKM) and the Department of Social Welfare (Jabatan Kebajikan Masyarakat, JKM)
are particularly active in providing shelter, counseling, and rehabilitation services. While these
structures reflect a more centralized response, challenges persist in ensuring effective coordination
between the Syariah courts, civil courts, and social service agencies. The comparison suggests that in
both countries, institutional synergy and consistent commitment to gender-sensitive enforcement
are key determinants of effective protection.

48

49

Hasanudin et al., “Phenomena of Domestic Violence Against Women and Divorce in 2020-2022 in Indonesia: An Islamic
Perspective.”
Sopacua, Taufik, and Ablamski, “Comparative Legal Analysis of the Resolution of Physical Violence Crimes Against Women in
Indonesia and Malaysia.”

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Socio-Legal Approach
The socio-legal dimension underscores how cultural norms and societal attitudes influence the
application and effectiveness of legal protections. In Indonesia, deeply entrenched patriarchal values
and social stigma often discourage victims from reporting cases, with many women fearing social
shame, retaliation, or economic insecurity if they pursue legal remedies. Although government
initiatives and NGO-led awareness campaigns have increased public recognition of domestic violence
as a human rights issue, resistance remains strong in communities where domestic violence is
normalized or viewed as a private family matter.50
Malaysia has made progress in raising awareness, with advocacy from NGOs such as Women’s
Aid Organisation (WAO) and Sisters in Islam (SIS), as well as government campaigns. Nonetheless,
socio-cultural barriers persist, including reluctance among victims to report abuse due to fear of
dishonoring the family or damaging community reputation. This demonstrates that legal reform
alone is insufficient; sustained cultural transformation and community-level engagement are needed
to break cycles of silence and stigma.51
Synthesis
Indonesia and Malaysia each demonstrate strengths and weaknesses in their approaches to
domestic violence. Indonesia’s legal framework provides broad substantive recognition of victim
rights, but suffers from weak procedural enforcement and coordination gaps. Malaysia, by contrast,
offers stronger procedural mechanisms and institutional support, but its narrower legal coverage
and persistent socio-cultural barriers limit its inclusivity. These findings suggest that an ideal model
of legal responsiveness would integrate Indonesia’s normative breadth with Malaysia’s procedural
efficiency, coupled with long-term strategies for cultural change. Such a synthesis would more fully
realize the principles of both legal responsiveness theory and maqāṣid al-sharī‘ah, ensuring justice,
dignity, and comprehensive protection for victims of domestic violence.
Table 1
Comparative Approaches to Protecting Victims of Domestic Violence in Indonesia and Malaysia
Approach
Regulatory

50

51

Indonesia

Malaysia

Law No. 23 of 2004 (UU PKDRT) Domestic Violence Act 1994 (Act
broadly defines domestic violence, 521). Establishes protection orders
covering physical, psychological, (Interim Protection Order and
sexual, and neglect forms, including Protection Order) and sanctions
domestic workers, but faces weak for violations. Scope is narrower,
enforcement and sanction gaps.
excluding domestic workers from
protection.

Dina Afrianty, “Agents for Change: Local Women’s Organizations and Domestic Violence in Indonesia,” Journal of the Humanities
and Social Sciences of Southeast Asia and Oceania 174, no. 1 (2018): 24–46.
Perrie, “Addressing Gender-Based Violence against Women in Malaysia: Impact of CEDAW’s Concluding Observations.”

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Institutional

Institutions: include National Institutions:
include
Royal
Police,
Prosecutors,
Courts, Malaysia Police, JKM, Women’s
LPSK, and Komnas Perempuan, Ministry,
and
Syariah–Civil
offering victim support and Courts; integration is stronger,
advocacy, yet inconsistent inter- though overlapping jurisdictions
agency coordination hampers occasionally hinder consistent
effectiveness
and
overall victim protection.
institutional efficiency.

Socio-Legal

Patriarchal norms, stigma, and Cultural barriers tied to family
fear of retaliation suppress honor persist, but growing public
reporting; NGOs raise awareness, discourse, government campaigns,
yet entrenched social attitudes and NGO advocacy gradually foster
continue hindering progress across greater awareness and cultural
many communities.
change.

Outcomes/Effectiveness

Komnas
Perempuan
(2022) Royal Malaysia Police and NGOs
recorded over 289,000 violence report over 9,000 domestic
cases, mostly domestic; low violence cases (2020–2021); interim
reporting and prosecution persist, protection orders improved,
with many victims lacking effective yet underreporting and victim
legal remedies and rehabilitation hesitation persist.
access.

Table 1 compares Indonesia and Malaysia in protecting domestic violence victims across
regulatory, institutional, and socio-legal dimensions. Indonesia offers broader substantive protection
by recognizing multiple forms of violence and including domestic workers but struggles with weak
enforcement and poor coordination. Malaysia provides narrower coverage yet ensures stronger
procedural clarity and stricter sanctions. Institutionally, Indonesia involves multiple agencies like
Komnas Perempuan and LPSK, while Malaysia’s system is more centralized and coordinated despite
jurisdictional overlaps. Culturally, both face barriers, though Malaysia’s discourse is more open.
Overall, Indonesia excels in inclusivity, whereas Malaysia shows greater procedural effectiveness.
Table 2
Strengths and Weaknesses of Legal Responses in Indonesia and Malaysia to Substantive and
Procedural Protection for Victims of Domestic Violence
Protection
Aspect

Country

S u b s t a n t i v e Indonesia
Protection

Al-Manāhij: Jurnal Kajian Hukum Islam

Strengths

Weaknesses

• Broad scope of protection, •
covering not only spouses
but also household members,
including domestic workers.
• Explicit
recognition
of •
multiple forms of violence:
physical,
psychological,
sexual, and economic abuse.

Weak
enforcement
of
protection orders; perpetrators
who violate them often face
limited or delayed sanctions.
Implementation is inconsistent
across regions due to varying
institutional capacity.

259

Assessing Indonesia and Malaysia’s ...

Malaysia

• Clear and detailed regulation •
of protection orders (Interim
Protection
Orders
and
Protection Orders).
• Strong and enforceable legal •
sanctions for violations of
protection orders.

Narrower scope of protection,
excluding domestic workers
and
some
non-spousal
relationships.
Domestic violence is sometimes
treated as a private matter,
reducing
reporting
and
enforcement.

P r o c e d u r a l Indonesia
Protection

• Victims can lodge complaints •
at multiple entry points,
including the Police, Komnas
Perempuan, and LPSK.
• Guaranteed access to free •
legal aid for victims.

Coordination between police,
prosecutors,
courts,
and
support institutions remains
weak.
Victims often face delays and
secondary victimization in the
judicial process.

Malaysia

• Institutional
coordination •
among police, courts, and
welfare agencies is relatively
efficient.
• Courts are empowered to
issue expedited protection •
orders, ensuring swifter
responses.

Evidentiary
standards
in
Syariah Courts can make it
difficult for victims to prove
psychological or emotional
abuse.
Limited shelters and support
services in rural areas hinder
accessibility.

Table 2 compares the strengths and weaknesses of Indonesia’s and Malaysia’s legal responses
to domestic violence in substantive and procedural aspects. Indonesia’s law is more inclusive,
covering various types of violence and protecting domestic workers, yet faces weak enforcement and
uneven implementation. Malaysia offers clearer legal remedies and stricter sanctions but excludes
some vulnerable groups. Procedurally, Indonesia provides multi-institutional access and free legal
aid, though coordination remains weak. Malaysia ensures faster protection orders and stronger
coordination but struggles with Syariah evidentiary limits and rural access. Both systems show
complementary strengths but share challenges in achieving full protection.
Comparative Review of Domestic Violence Regulations in Indonesia and Malaysia
A comparative review of domestic violence laws in Indonesia and Malaysia reveals shared
goals but differing emphases. Indonesia’s Law No. 23 of 2004 (UU PKDRT) offers broad substantive
protection by recognizing physical, psychological, sexual, and economic violence and including
domestic workers, reflecting the Islamic value of ‘adl (justice). However, weak enforcement and
limited institutional coordination hinder its effectiveness. Malaysia’s Domestic Violence Act 1994
(Act 521) ensures stronger procedural responsiveness through swift protection orders and interagency coordination, supported by the Penal Code (Act 574), which classifies “hurt” (Section 319)
and “grievous hurt” (Section 320) to ensure accountability. While Malaysia’s scope is narrower, its

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integration of domestic and criminal law strengthens enforcement, complementing Indonesia’s
normative inclusivity in advancing victim protection.52

Table 3
Domestic Violence Regulatory Similarities in Indonesia and Malaysia

52

Indonesia – Law No. 23 of 2004
on the Elimination of Domestic
Violence (UU PKDRT)

Malaysia – Domestic Violence
Act 1994 (Act 521) & Penal
Code (Act 574)

No

Equality

1

Physical Abuse

Defines physical violence as a Defines physical abuse as acts
punishable crime causing pain or causing injury or suffering,
harm, ensuring protection of health ensuring
accountability,
and bodily integrity while reinforcing prevention, and prosecution
prevention,
enforcement,
and while promoting public awareness
perpetrator accountability.
of bodily integrity.

2

Victim

Defines victims as individuals Defines victims as individuals
facing domestic physical, sexual, facing violence in domestic
psychological,
or
emotional relationships,
ensuring
violence,
ensuring
protection, protection, fair legal process, and
recovery support, and sanctions for sanctions for perpetrators.
perpetrators.

3

Psychological
Violence

Recognizes psychological violence Amendments to Act 521 (2012,
causing fear or mental suffering, 2017) recognize psychological
criminalizing such acts to safeguard abuse intimidation, emotional
dignity and mental well-being harm, control and empower
within families.
courts to issue protection orders
and remedies.

4

Sexual Violence

Covers marital rape and coerced Act 521 criminalizes domestic
sexual acts, ensuring victims’ sexual abuse, including marital
protection and affirming dignity rape, affirming spousal consent
and bodily autonomy in domestic rights and enabling protection
relations.
orders and criminal prosecution.

5

Neglect/
Economic
Violence

Defines neglect as failing to meet Recognizes economic violence,
basic family needs and economic such as restricting financial
violence as restricting financial access; courts may mandate
access; both are prosecutable maintenance or protection orders
offenses.
to prevent further household
abuse.

6

Legal Remedies / Provides temporary and permanent Provides Interim and Protection
Protection Orders protection orders, multi-agency Orders with strict sanctions and
support, and free legal aid, though agency coordination, ensuring
enforcement and monitoring remain enforcement though rural access
weak.
remains limited.

Adibah Bahori et al., “Evidence and Prosecution of Out-of-Wedlock Pregnancies: A Legal Perspective of Syariah Criminal
Offences in Malaysia,” UUM Journal of Legal Studies (UUMJLS) 14, no. 1 (2023): 1–30.

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Assessing Indonesia and Malaysia’s ...

The comparison in table 3 shows that both Indonesia and Malaysia share common regulatory
foundations in recognizing physical, psychological, sexual, and economic violence, while also
providing mechanisms for victim protection. Indonesia demonstrates broader substantive
inclusivity, extending protection to domestic workers and explicitly defining multiple forms of
abuse. Malaysia, however, excels in procedural enforcement, offering expedited protection orders,
stricter sanctions for violations, and stronger institutional coordination. Together, these approaches
highlight complementary strengths that, if synthesized, could form a more comprehensive model of
legal protection for victims of domestic violence.
As shown in Table 3, when examining physical violence and the classification of victims, both the
Indonesian Law No. 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT) and Malaysia’s
Domestic Violence Act 1994 (Act 521), supported by the Penal Code (Act 574), share two important
substantive similarities. These similarities can be identified in the conceptualization of physical
violence and in the definition and classification of victims.
a)

The Concept of Physical Violence
Both Indonesia and Malaysia recognize physical violence as an act within the domestic sphere
that causes physical suffering or harm. The Indonesian Domestic Violence Act defines physical
violence as conduct resulting in pain, illness, or serious injury to the victim. Similarly, in
Malaysian law, Sections 319 and 320 of the Penal Code distinguish between “hurt” and “grievous
hurt,” thereby categorizing the severity of physical injuries. The concept encompasses both
intentional and negligent acts, such as beatings, burnings, and other forms of bodily assault,
including threats of physical violence.53
This convergence in definition demonstrates the shared legal awareness in both countries
that domestic violence cannot be regarded as a private matter but must be addressed as a criminal
act. By explicitly defining physical violence, the laws of both jurisdictions aim to provide a firm
normative basis for victim protection, ensure accountability for perpetrators, and strengthen
preventive as well as repressive measures within law enforcement.
Table 4
The Concept of Physical Violence

No

53

Conceptual Dimension

Indicators

1

Nature of the Act

• Direct actions against the body (e.g., hitting,
kicking)
• Use of objects or instruments as means of violence

2

Consequences of the Act

• Mild or severe pain
• Physical injuries or wounds
• Necessity of medical treatment

Sopacua, Taufik, and Ablamski, “Comparative Legal Analysis of the Resolution of Physical Violence Crimes Against Women in
Indonesia and Malaysia.”

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3

Form of Conduct

• Intentional violence
• Violence due to negligence
• Threats of physical violence

4

Legal Basis

• Article 6 of Law No. 23 of 2004 (Indonesia)
• Sections 319 and 320 of the Malaysian Penal Code

Table 4 illustrates that both Indonesia and Malaysia adopt a comprehensive understanding
of physical violence, encompassing direct bodily harm, the use of instruments, intentional and
negligent acts, and threats. By grounding these provisions in their respective legal frameworks,
both jurisdictions affirm the importance of safeguarding bodily integrity and ensuring that
perpetrators are held accountable for acts that compromise the health and safety of victims
within the household.
b)

Classification of Victims
Both Indonesia’s UU PKDRT and Malaysia’s Domestic Violence Act 1994 adopt an inclusive
definition of victims, extending beyond the spousal relationship to include other family
members residing in the household or those economically or psychologically dependent on the
perpetrator. This inclusivity acknowledges the complex structure of modern households and
ensures that vulnerable groups such as children, elderly parents, or domestic workers are not
excluded from legal protection.
Victims are defined broadly as individuals subjected to physical, psychological, or sexual
violence within the domestic setting. This includes married couples, children (biological,
adopted, or stepchildren), parents or in-laws, and other household members connected through
familial or intimate relationships. The law in both countries ensures that victims have access to
reporting mechanisms, legal protection, and avenues for justice and recovery.54

Table 5
Classification of Victims
No

54

Conceptual Dimension

Indicators

1

Family Relationship

• Married couples
• Children (biological, step, or adopted)
• Parents or in-laws
• Domestic workers

2

Living Arrangement

• Residing in the same household
• Economically or psychologically dependent

3

Legal Status of Victim

• Recognized under the PKDRT Law (Indonesia) and
Act 521 (Malaysia)

4

Legal Protection

• Access to reporting and protection mechanisms
• Rights to justice, safety, and recovery

Bahori et al., “Evidence and Prosecution of Out-of-Wedlock Pregnancies: A Legal Perspective of Syariah Criminal Offences in
Malaysia.”

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Assessing Indonesia and Malaysia’s ...

Table 5 demonstrates that the definition of victims under Indonesian and Malaysian law is
broad and inclusive, extending protection not only to spouses and children but also to parents, inlaws, domestic workers, and other dependent household members. This expansive classification
underscores the commitment of both legal systems to provide comprehensive protection, reflecting
sensitivity to the diversity of family structures and the vulnerabilities of individuals within the
domestic sphere.

Table 6
Differences in the Regulation of Domestic Violence in Indonesia and Malaysia
No

Difference

Indonesia – Law No. 23 of
2004 on the Elimination of
Domestic Violence (PKDRT)

Malaysia – Domestic Violence
Act 1994 (Act 521) & Penal
Code (Act 574)

1

Physical Violence Article 6 of the PKDRT defines Section 2 of the Domestic
Regulation
physical violence as acts Violence Act 1994 defines
causing pain or injury, forming physical violence as intentional
the legal basis for criminalizing harm or threats; Penal Code
domestic abuse and protecting Sections 319–320 distinguish
bodily integrity.
“hurt” and “grievous hurt” for
accountability.

2

Severe
Injury PKDRT omits detailed injury Section 320 of the Penal Code
Regulation
classifications; KUHP Article 90 defines grievous harm such as
defines persecution as causing stabbing or assault and imposes
pain or injury, with PKDRT strict penalties, integrating
focusing on victim protection punishment
with
victim
and KUHP detailing sanctions. protection.

3

P s y c h o l o g i c a l Article 7 of the PKDRT defines Amendments to Act 521 (2012,
/
Emotional psychological
violence 2017) recognize psychological
V i o l e n c e as actions causing fear or abuse intimidation, emotional
Regulation
mental suffering, recognizing harm,
control
though
intimidation and humiliation as enforcement remains difficult
punishable domestic abuse.
under Syariah evidentiary limits
on emotional harm.

Table 6 shows that Indonesia and Malaysia both regulate domestic violence comprehensively but
with different emphases. Indonesia’s PKDRT offers broad definitions of physical and psychological
violence, ensuring inclusivity but depending on the Criminal Code for detailed sanctions. Malaysia’s
Act 521, integrated with Penal Code Sections 319 and 320, provides clearer classifications and stricter
penalties. Both recognize psychological violence, marking progress toward holistic protection,
though Malaysia faces evidentiary challenges. Overall, Indonesia emphasizes normative inclusivity,
while Malaysia prioritizes procedural precision, demonstrating complementary strengths in
advancing domestic violence protection.
The doctrines of dar’ al-mafāsid (prevention of harm) and maqāṣid al-sharī‘ah (objectives of Islamic
law) provide complementary frameworks for assessing Indonesia’s and Malaysia’s legal responses to
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domestic violence. Malaysia’s Domestic Violence Act 1994 aligns closely with dar’ al-mafāsid through
its emphasis on swift judicial action and inter-agency coordination; the issuance of Interim and
Protection Orders effectively prevents further harm, reflecting Islam’s priority on protecting life and
safety.55 Indonesia, while substantively inclusive, faces enforcement and coordination challenges
that leave victims vulnerable. From the maqāṣid perspective, Indonesia’s Law No. 23 of 2004 better
fulfills the objectives of preserving life (ḥifẓ al-nafs), protecting dignity (ḥifẓ al-‘ird), and safeguarding
family (ḥifẓ al-nasl) by recognizing multiple forms of violence and protecting marginalized groups
such as domestic workers.56 Conversely, Malaysia’s narrower substantive scope limits inclusivity.
Together, these findings suggest that Indonesia excels normatively under maqāṣid al-sharī‘ah, while
Malaysia demonstrates superior procedural responsiveness under dar’ al-mafāsid; integrating both
would ensure holistic justice and harm prevention.

Conclusion
The comparison of Indonesia’s and Malaysia’s domestic violence laws reveals complementary
strengths and weaknesses in victim protection. Indonesia’s Law No. 23 of 2004 (UU PKDRT) provides
broad substantive coverage by recognizing various forms of abuse physical, psychological, sexual,
and economic and extending protection to domestic workers, reflecting the Islamic principle of ‘adl
(justice) and a strong commitment to safeguarding vulnerable groups. However, weak inter-agency
coordination, poor enforcement, and limited gender-sensitive training hinder its implementation.
In contrast, Malaysia’s Domestic Violence Act 1994 (Act 521) demonstrates stronger procedural
responsiveness through expedited protection orders and coordinated institutional mechanisms,
aligning with dar’ al-mafāsid (prevention of harm). Its integration of civil and Syariah courts further
embeds Islamic values, though its narrower definition of victims and limited recognition of nonphysical violence create substantive gaps. From the perspective of maqāṣid al-sharī‘ah, Indonesia
excels in normative inclusivity, while Malaysia leads in procedural efficiency highlighting that a
hybrid model combining both would most effectively fulfill Shariah’s objectives of preserving life,
dignity, and family integrity.

References
Abdul Kodir, Faqiuddin, Nor Ismah, Samia Kotele, Wakhit Hasyim, and Fadzila Din. “Maqāṣid CumMubādalah Methodology of KUPI: Centering Women’s Experiences in Islamic Law for GenderJust Fiqh.” AL-IHKAM: Jurnal Hukum & Pranata Sosial 19, no. 2 (January 25, 2025): 519–45. https://
doi.org/10.19105/al-lhkam.v19i2.16617.
Abou El Fadl, Khaled. Speaking in God’s Name: Islamic Law, Authority and Women. London: Simon and
Schuster, 2014.
Afrianty, Dina. “Agents for Change: Local Women’s Organizations and Domestic Violence in
Indonesia.” Journal of the Humanities and Social Sciences of Southeast Asia and Oceania 174, no. 1
(2018): 24–46.
55
56

Arief, “Domestic Violence: Comparison between Islamic Law and Domestic Violence Act.”
Bani Syarif Maula and Vivi Ariyanti, “Justice Negotiations for Women: Divorce Cases Due to Domestic Violence in Religious
Courts,” Jurnal Hukum Islam 20, no. 1 (June 2022): 155–80, https://doi.org/10.28918/jhi.v20i1.6024.

Al-Manāhij: Jurnal Kajian Hukum Islam

265

Assessing Indonesia and Malaysia’s ...

Ahmad, Yuhaniz, and Salmi Razali. “Self-Reported Exposure to Domestic Violence and Family
Dynamics During the Pandemic of Covid-19 in Malaysia.” Malaysian Journal of Medicine and
Health Sciences 21, no. 3 (2025): 241–48. https://doi.org/10.47836/mjmhs.21.3.28.
Aisyah, Siti, and Lyn Parker. “Problematic Conjugations: Women’s Agency, Marriage and Domestic
Violence in Indonesia.” In Contestations Over Gender in Asia, 42–60. Routledge, 2017.
Akmal, Andi Muhammad, Chaerul Mundzir, Mulham Jaki Asti, Rahmawati Abbas, and Zulhas’ari
Mustafa. “Legal Solutions for Domestic Violence in Unregistered Marriages in Indonesia:
Integrating Maqāṣid Al-Sharī’ah.” El-Usrah: Jurnal Hukum Keluarga 7, no. 2 (December 31, 2024):
768. https://doi.org/10.22373/ujhk.v7i2.25971.
al-Ghazali, Abu Hamid Muḥammad. Al-Mustaṣfā Min ‘Ilm Al-Uṣūl. Lebanon: Dār al-Huda, 1994.
Al-Nawawi, Abu Zakariyya Yahya ibn Syarf. Al-Majmūʿ Sharḥ Al-Muhadhdhab. Beirut: Dār al-Fikr, 1977.
Al-Suyūṭī, Abdurahman. Al-Asybāh Wa Al-Naẓā’ir Fī Al-Furū’. Beirut: Dār al-Fikr, n.d.
Al-Zuhaili, Wahbah. Uṣūl Al-Fiqh Al-Islāmī. Damascus: Dār al-Fikr, 1986.
Alifiyah, Rifdah, and Isa Anshori. “Legal Protection for Children in Cases of Domestic Violence in the
Indonesian Households.” El-Usrah: Jurnal Hukum Keluarga 6, no. 2 (December 30, 2023): 348.
https://doi.org/10.22373/ujhk.v6i2.19153.
Arief, Hanafi. “Domestic Violence: Comparison between Islamic Law and Domestic Violence Act.”
Pena Justisia: Media Komunikasi Dan Kajian Hukum 22, no. 1 (2023): 26–34.
Ariyanti, Vivi. “Legal Protection for Victims of Sexual Violence in Indonesia in the Perspectives of
Victimology and Fiqh Jinayah.” El-Aqwal: Journal of Sharia and Comparative Law 2, no. 2 (August
2023): 121–34. https://doi.org/10.24090/el-aqwal.v2i2.9411.
Aslati, Armi Agustar, Silawati, Arisman, and Siti Arafah. “Utilizing Science and Maqāṣid Al-Sharī’ah in
Resolving Contemporary Issues of Islamic Family Law.” Al-Manahij: Jurnal Kajian Hukum Islam,
March 16, 2024, 17–36. https://doi.org/10.24090/mnh.v18i1.10571.
Aziz, Norazlina Abdul, Rozlinda Abdullah, Fiska Silvia Raden Roro, and Mohd Norhusairi Mat Hussin.
“Harm ‘Ḍarar’in Polygamous Marriage: Analyzing The Legal Framework in Malaysia and
Indonesia.” AHKAM: Jurnal Ilmu Syariah 25, no. 1 (2025): 53–70. https://doi.org/10.15408/ajis.
v25i1.32068.
Bahori, Adibah, Azizah Mat Rashid, Mohamad Azhan Yahya, Suhaizad Saifuddin, and Mohd Kamel
Mat Salleh. “Evidence and Prosecution of Out-of-Wedlock Pregnancies: A Legal Perspective of
Syariah Criminal Offences in Malaysia.” UUM Journal of Legal Studies (UUMJLS) 14, no. 1 (2023):
1–30.
Bani Syarif Maula, and Vivi Ariyanti. “Justice Negotiations for Women: Divorce Cases Due to Domestic
Violence in Religious Courts.” Jurnal Hukum Islam 20, no. 1 (June 2022): 155–80. https://doi.
org/10.28918/jhi.v20i1.6024.
Barkah, Qodariah, Arne Huzaimah, Siti Rochmiyatun, and Zulmi Ramdani. “Abandonment of Women’s
Rights in Child Marriage; An Islamic Law Perspective.” AL-IHKAM: Jurnal Hukum & Pranata Sosial
17, no. 2 (2022): 383–411.
Buriak, Kateryna, Anatolii Prytula, Maryna Chorna, Alla Pyshna, and Anton Dolhov. “Empirical
Analysis of Legal Regulations on Family Violence During Wartime in Ukraine: A Comprehensive
266

Vol. 19 No. 2, July-December 2025

Wardah Nuroniyah, Mohammad Azka Al Azkiya, Abdul Wahid, Fatimah Lubabiyah Labib Shodiq, Bani Syarif Maula

Examination.” Syariah: Jurnal Hukum Dan Pemikiran 23, no. 2 (March 16, 2024): 267–80. https://
doi.org/10.18592/sjhp.v23i2.12390.
Cochran, Cybèle. “Women and the Law in Islamic Societies: Legal Responses to Domestic Violence in
Saudi Arabia and Morocco.” Al-Nakhlah: The Fletcher School Online Journal on Southwest Asia and
Islamic Civilization 1 (2010): 11–43.
Cooray, Manique, Siti Zaharah Jamaluddin, and Zulazhar Tahir. “Violence and Sexual Offences against
Children in Malaysia: Searching for the Right Approach.” International Journal of Business and
Society 21, no. S1 (2020): 152–64.
Eberle, Edward J. “The Methodology of Comparative Law.” Roger Williams UL Rev. 16 (2011): 51.
Gad Makhlouf, Ahmed. “The Doctrinal Development of Contemporary Islamic Law: Fiqh Academies
as an Institutional Framework.” Oxford Journal of Law and Religion 10, no. 3 (2021): 464–86.
García-Moreno, Claudia, Christina Pallitto, Karen Devries, Heidi Stöckl, Charlotte Watts, and Naeema
Abrahams. Global and Regional Estimates of Violence against Women: Prevalence and Health Effects of
Intimate Partner Violence and Non-Partner Sexual Violence. New York: World Health Organization,
2013.
Hamayotsu, Kikue. “The Political Origins of Islamic Courts in Divided Societies: The Case of Malaysia.”
In Journal of Law and Religion, 33:248–70, 2018. https://doi.org/10.1017/jlr.2018.24.
Hanif, Muh. “Parenting Patterns of Children and Family Functions in Social Capital Perspective.”
International Journal of Social Science and Religion (IJSSR), June 8, 2023, 209–34. https://doi.
org/10.53639/ijssr.v4i2.178.
Hasanudin, Hasanudin, Oyo Sunaryo Mukhlas, Muhammad Farhan Bin Mat Noradin, Ending
Solehudin, and Dedah Jubaedah. “Phenomena of Domestic Violence Against Women and
Divorce in 2020-2022 in Indonesia: An Islamic Perspective.” Al-Manahij: Jurnal Kajian Hukum
Islam 17, no. 2 (2023): 137–52. https://doi.org/10.24090/mnh.v17i2.7686.
Hayati, Mulida, and Nuraliah Ali. “Husband’s Sexual Violence: Protection Rights for Wives in Terms
of Islamic and Indonesian State Law.” Al-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan
21, no. 1 (June 30, 2021): 65–81. https://doi.org/10.30631/alrisalah.v21i1.662.
Husni, Ahmad Bin Muhammad, Zaini Nasohah, and Mohd Izhar Ariff Mohd Kashim. “Problem of
Domestic Violence and Its Solutions in the Light of Maqasid Shariah.” Asian Social Science 11,
no. 22 (2015): 33.
Hutchinson, Terry. Researching and Writing in Law. Sydney: Thomas Lawbook Co., 2006.
Kazzaz, Yasser M, Kholod M AlAmeer, Rasha A AlAhmari, Mowafa Househ, and Ashraf El-Metwally.
“The Epidemiology of Domestic Violence in Saudi Arabia: A Systematic Review.” International
Journal of Public Health 64, no. 8 (2019): 1223–32.
Komnas Perempuan. “Catatan Tahunan Kekerasan Terhadap Perempuan.” Komisi Nasional Anti
Kekerasan Terhadap Perempuan. Jakarta, 2023.
Ladiku, Hamdan, and Akhmad Roja Badrus Zaman. “Examining Domestic Violence from The Lens of
Islamic Law: A Maqasid Analysis.” Ulul Albab: Jurnal Studi Dan Penelitian Hukum Islam 6, no. 2
(2024): 152–70.

Al-Manāhij: Jurnal Kajian Hukum Islam

267

Assessing Indonesia and Malaysia’s ...

Lonthor, Ahmad, and La Jamaa. “Moluccas Local Wisdom in the Role of Marriage Arbitrator for
Preventing Domestic Violence.” AL-IHKAM: Jurnal Hukum & Pranata Sosial 15, no. 2 (December
29, 2020): 201–23. https://doi.org/10.19105/al-lhkam.v15i2.3677.
Malik, Nesrine. “Saudi Arabia’s Domestic Violence Law Is a First Step to Changing Attitudes.” The
Guardian 30 (2013): 13.
Mutiara, Mutiara, and Syofiaty Lubis. “Implementation of Law No. 23 of 2004 on the Elimination of
Domestic Violence Domestic Violence (PKDRT) in the Province of North Sumatra.” Journal
of Law, Politic and Humanities 4, no. 3 (March 2024): 221–26. https://doi.org/10.38035/jlph.
v4i3.333.
Na’aim, Mohd Safri Mohammed, Ramalinggam Rajamanickam, and Rohaida Nordin. “Intimate
Partner Violence within the Framework of Malaysian Laws.” UUM Journal of Legal Studies 13,
no. 1 (2022): 131–54.
Nonet, Philippe, Philip Selznick, and Robert A Kagan. Law and Society in Transition: Toward Responsive
Law. New York: Routledge, 2017.
Nordin, Zaimuariffudin Shukri, Ismail Ruslan, Yusriadi Yusriadi, Nur Hamzah, and Didi Darmadi.
“Integrating Islamic Law and Customary Law: Codification and Religious Identity in the Malay
Buyan Community of Kapuas Hulu.” Journal of Islamic Law 6, no. 1 (February 28, 2025): 89–111.
https://doi.org/10.24260/jil.v6i1.3410.
Perrie, Victoria. “Addressing Gender-Based Violence against Women in Malaysia: Impact of CEDAW’s
Concluding Observations.” Corridors of Knowledge for Peace and Development. Sustainable
Development Policy Institute, August 2020.
Purna Nisa, Martina. “Critical Review of Domestic Violence as Reason for Divorce (Comparison of
Divorce Laws in Indonesia, Malaysia and the Maldives).” AL-IHKAM: Jurnal Hukum & Pranata
Sosial 16, no. 1 (June 22, 2021): 1–26. https://doi.org/10.19105/al-lhkam.v16i1.4292.
Rohaya, Nizla, Suartini, Mohammad, Prosper Maguchu, and Gufroni. “Unraveling the Legal Labyrinth:
An In-Depth Review of Domestic Violence Regulation in Indonesia.” Nurani: Jurnal Kajian
Syari’ah Dan Masyarakat 24, no. 1 (June 24, 2024): 77–90. https://doi.org/10.19109/nurani.
v24i1.20011.
Shukri, Abdussalam Muhammad, and Musa Yusuf Owoyemi. “Sisters in Islam’s Quest for the
Reinterpretation of the Qur’an and Hadith: An Analysis of Their Views on Equality, Women
Judges, and Polygamy.” Kajian Malaysia 32, no. 1 (2014): 55–80.
Sopacua, Margie Gladies, Iqbal Taufik, and Serhii Ablamski. “Comparative Legal Analysis of the
Resolution of Physical Violence Crimes Against Women in Indonesia and Malaysia.” Law Reform:
Jurnal Pembaharuan Hukum 21, no. 2 (2025): 241–65. https://doi.org/10.14710/lr.v21i2.65211.
Sukendar, Sukendar, Muhammad Saifullah, Priyambudi Sulistiyanto, Luthfi Rahman, and A. Hasan
Asy’ari Ulamai. “Women’s Access To Justice: Mediation For The Victims of Domestic Violence
In Central Java, Indonesia.” Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 7, no. 1 (March 31,
2023): 602. https://doi.org/10.22373/sjhk.v7i1.9471.
Tursilarini, Tateki Yoga, Trilaksmi Udiati, Irmawan Irmawan, Sunit Agus Tri Cahyono, Suryani
Suryani, and Dodi Al Vayed. “Examining Child Victims of Incest in Indonesia: Between the

268

Vol. 19 No. 2, July-December 2025

Wardah Nuroniyah, Mohammad Azka Al Azkiya, Abdul Wahid, Fatimah Lubabiyah Labib Shodiq, Bani Syarif Maula

Legal System and Family Dysfunction.” JURIS (Jurnal Ilmiah Syariah) 23, no. 1 (June 28, 2024):
129. https://doi.org/10.31958/juris.v23i1.12341.
Uthman, Ibrahim Olatunde. “Women and the Public Space in Muslim Majority Countries and the
West.” International Journal of Islamic Thought 22 (2022): 40–49. https://doi.org/10.24035/
ijit.22.2022.238.
Wardatun, Atun. “Knitting Reciprocity and Communality: Countering the Privatization of Family in
Bimanese Muslim Local Marriage of Eastern Indonesia.” Journal of Islamic Law 5, no. 2 (August
23, 2024): 197–221. https://doi.org/10.24260/jil.v5i2.2771.
Widodo, Hendro, Anis Mashdurohatun, Andrianto Budi Santoso, and Derick Yunanda. “Restitution
as an Instrument of Justice for Victims of Domestic Sexual Violence: A Study of Positive and
Islamic Law in the Contemporary Era.” MILRev: Metro Islamic Law Review 4, no. 1 (2025): 676–99.
https://doi.org/10.32332/milrev.v4i1.10436.
Yusuf, Nasruddin, Nur Azizah, and Faradila Hasan. “Feminism Analysis of Judges’ Considerations
for Post-Divorce Domestic Violence Victims in Medan and Banda Aceh Religious Courts.” Al’Adalah 20, no. 2 (December 26, 2023): 283. https://doi.org/10.24042/adalah.v20i2.16177.

Al-Manāhij: Jurnal Kajian Hukum Islam

269

The Urgency of the Halal Industry ...

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