Women Curative Protection on the Violence Victims: The Relevance of Maqasid al Shari’ah al-Islamiyyah on the Justice Access

Abstract

Women are reserved to their rights fulfilment in obtaining a long-term security to restore their mental or receiving a curative protection in order to get a good quality, comprehensive, and sustainable progress. Notably, the government of Indonesia has strived the rules to protect and recover women as the violence victims curatively through related people who are responsible to the problem. Whereas, it has not been implemented yet effectively. Furthermore, the Islamic sharia plays a rule as al-maslahat al-‘ammah, which becomes grace for all of the world.  Therefore, one of the important questions to remember is that “Have the efforts and the security process, as well as the service to the violence victims in Indonesia been operated and given based on the Islamic mandate?”. As the result, five aspects of Maqasid al-shar’iyyah in the Islamic rights should be identified whether it is implemented and possessed a relevance to the curative protection from the Women National Commission to the violence victims. In light of, this research is classified into a qualitative research methodology by using normative approach. The author conducts the research by utilizing an analysis study towards Maqasid al-shar’iyyah to find its relevance on the women protection access of the violence victims in Indonesia which is gathered by descriptive analysis. The result of the research seems to indicate that Maqasid al-shar’iyyah becomes the purpose of syara’ which has several preference levels in its implementation. Those five indicators included to maslahat or Maqasid daruriyyat are relevant towards five formats of curative protection as the completion efforts of the women violence that can be a prevention and protection representing the soul indicator and offspring indicator. Additionally, the curative protection and the investigation can be done to represent the indicator of treasures and minds.