Konsep Hifz an-Nafs dalam Perlindungan Anak Korban Kekerasan Seksual: Studi Komparatif Hukum Islam dan Hukum Positif Indonesia

Abstract

This study explores the concept of Hifz an-Nafs (protection of life) in Islamic law and its relevance to the legal protection

of children who are victims of sexual violence in Indonesia. Utilizing a qualitative-descriptive approach, the research

compares Islamic legal norms with national legal frameworks, especially Law No. 35 of 2014 on Child Protection and

Law No. 12 of 2022 on Sexual Violence Crimes. The findings indicate that although Hifz an-Nafs offers a holistic and

moral-spiritual foundation for protecting the dignity and safety of children, its application in practice remains largely

symbolic. In contrast, the implementation of national law, while structurally adequate, still suffers from exclusivity and

access inequality. The study also identifies how social and ideological boundaries—such as religious conservatism, family

honor, and community stigma—hinder victims’ access to justice and reinforce protection for perpetrators. These boundaries

contribute to the fragmentation of communal protection mechanisms, weakening both legal enforcement and moral

solidarity. This research emphasizes the need for an integrative model that combines Islamic ethical principles with the

inclusiveness of modern legal systems to achieve effective and compassionate protection for children.