Implementation of the Principle of Hifdzun Nafs in Protecting Women and Children from Domestic Violence: A Contemporary Islamic Law Perspective

Abstract

Domestic violence (DV) against women and children remains a serious problem in Indonesia, even though Law Number 23 of 2004 concerning the Elimination of Domestic Violence has been in effect for more than two decades. This regulation is normatively oriented towards the physical and psychological protection of victims, but its implementation is often not reinforced by a value base rooted in family awareness, especially the religious values held by the majority of society. This paper aims to analyze the relevance of the principle of Hifdzun Nafs (protecting the soul) in the maqashid Sharia as an ethical-normative framework that can strengthen legal protection for women and children victims of domestic violence. The study uses a juridical-normative method with a conceptual and comparative approach, examining the relationship between the principle of Hifdzun Nafs with the provisions of the Domestic Violence Law and the Child Protection Law. The results of the study indicate that the principle of Hifdzun Nafs has a substantive meeting point with the spirit of protection in positive law, but there are gaps in implementation, especially in the family-based preventive approach. This paper recommends the integration of Hifdzun Nafs values into family literacy programs and strengthening the role of religious institutions as partners of the legal system in preventing domestic violence.