Hasani Ahmad Said at. all. - The Review Of Castration Punishment For Pedophile In Islamic Law- International Journal of Advanced Science and Technology - Vol. 29, No. 9s, (2020), pp. 4932-4937.pdf

1. International Journal of Advanced Science and Technology
Vol. 29, No. 9s, (2020), pp. 4932-4937
ISSN: 2005-4238 IJAST
Copyright ⓒ 2020 SERSC
4932
The Review Of Castration Punishment For Pedophile In Islamic Law
Perspective
2
, Hasani Ahmad Said
1
Isnawati Rais
Ushuluddin
Faculty of
2
,
Shari’a and Law
Faculty of
1
Syarif Hidayatullah State Islamic University Jakarta, Indonesia
hasaniahmadsaid@uinjkt.ac.id
mail:
-
E
2
,
@uinjkt.ac.id
rais
.
isnawati
mail:
-
E
1
Abstract
Pedophilia has become an international issue and is part of a sexual crime against children. Cases of
sexual abuse against children that occur in Indonesia are increasing every year, so the government
sets castration laws for pedophile offenders. The purpose of this study was to review castration law
against pedophile from an Islamic perspective. The approach of this study was the reviewing of
various literature relating to castration law against pedophiles in the perspective of Islamic law. We
have succeeded in summarizing the findings of castration law for pedophiles in an Islamic
perspective, including the following; First, castration punishment for pedophiles has been carried out
in many European nations as non-Muslim communities and also some countries in Southeast Asia, but
the punishment of pedophiles in Indonesia has received pros and cons responses from various walks
of life both from Islamic scholars and Islamic leaders/ ulamas. Second, pedophile punishment, namely
by castration on the perpetrators, is in fact contrary to Islamic law because it has eliminated the
nature as a real man. Third, the punishment for pedophile crimes according to Islamic law derivation
from the Qur'an and Hadith is stoning to death.
Keywords: Castrated Punishment, Pedophile Actors, and Islamic legal perspective.
INTRODUCTION
Pedophilia is an act of sexual crimes against children that should receive severe penalties namely
castration punishment (Warjiyati, 2019) cases of sexual crimes tend to increase every year both in
Indonesia and in other countries, so governments in each country set castration laws so that This
crime rate can decrease, but the castration penalty for pedophiles in Indonesia is still a debate between
state law based on the law and Islamic law sourced from the Koran and Hadith.
As a predominantly Muslim country, the basis for the consideration of every legal product in
Indonesia related to pedophiles is inseparable from the perspective of Islamic law which is based on
the Koran and Hadith. (Arief et al., 2020); (Said, 2013); (Said, 2014); (Said, 2015); (Said, 2017),
(Said, Pongsibanne, Sobariyah, 2020). So that the law is easily applied to every citizen in order to get
legal justice. The views and positive values and negative values of each legal product relating to
pedolfilia do not appear to be such a big difference between state law and Islamic based law resulting
from a shift in the way of assessing positive law penalties for pedolfilia. (Aslan and Hifza, 2020).
Among the positive values that experienced a shift committed by some humans is sexual
crimes against children or known as pedophilia. Sexual abuse that occurs at this time is quite
extensive, although in reality most of the abused children are women. (Banton and West, 2020);
(Gerke et al., 2020). However, it is also undeniable about sexual abuse that occurs in boys. (Bustnay,
2020). The characteristics of someone who likes to do pedophiles are heterosexual, homosexual or
bisexual. Usually the first time you experience a kiss incident and then continue to things that are so
sensitive. (Murray, 2000). Someone who has pedophile characteristics, then the interest in boys is so
great without him knowing it. (Lehmann et al., 2020); (Brody and Costa, 2020). To avoid the
predators of children, various services do not occur to the child but these services do not run as fully
as possible. (Wild et al., 2020); (Arbanas et al., 2019). The incidence of pedophiles that attack
children, has occurred throughout the world so that it is known as a global crime, which is also not
excluded in Indonesia.
Pedophile cases that occur in Indonesia from year to year are very worrying, which is not only
done by Indonesians but also by foreign tourists. In 2001, foreign tourists from Italy sexually abused a

2. International Journal of Advanced Science and Technology
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ISSN: 2005-4238 IJAST
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12-year-old child. Meanwhile, the pedophile case committed by Ahmad Sobadri at the age of 24 has
sodomized 73 children in Sukabumi. (Santi and Nawangwulan, 2015). Almost cases of pedophiles
that occur in Indonesia are in schools, families, (Faizah and Latiana, 2017), public places and other
places that are considered to have gaps and time to commit sexual violence against children.
Pedophile cases are increasing every year in Indonesia (Harianto, 2017), with several factors
that cause sexual harassment was carried out (Wismayanti et al., 2019) so that the application of the
law for child abuse is increased as a punishment for deterrence.
State law governing child care is contained in article 2 of regulation no. 4 of 1979, article 3 of
Law No. 4 of 1979 concerning children entitled to receive assistance and protection. "PP No. 2 of
1988 regulates the Government's responsibility in protecting children, article 5 PP No. 2 of 1988”.
(Octaviana, 2019). Laws are increasingly tightened to protect children from sexual violence. UU no.
17 of 2016 concerning the second amendment of Law No. 23 of 2002 concerning the protection of
children so that castration threats are carried out for perpetrators of sexual violence against children.
This sentence is expected to reduce the level of pedophile crime in Indonesia.(Nelvia et al., 2019);
(Arif, 2017); (Ilyas, 2018).
Research on sexual violence against children has been carried out more in many countries like
Octaviana, (2019) by raising the punishment for pedophiles but the results do not get conclusions that
are so accurate. The results only provide a solution to always be alert and pray to avoid pedophile
crime. Then, Nasrun and Nasution, (2016) found an increase in cases of Indonesian pedophiles and
they criticized that educational institutions should be able to become friends so that pedophiles do not
occur in schools. They added that parents, the community, educational institutions, the wider
community must work together so that this does not happen Faizah and Latiana, (2017) by looking at
the understanding of parents who provide sex education to young children in a family environment,
because sexual harassment is very serious in the family environment. However, this study is only to
look at parents' understanding of sex education towards their children based on their level of
education and their respective regions.
Many studies on the one hand there are similarities about pedophiles, but on the other hand
there are differences both from the characteristics, goals and perspectives of pedophiles. So this
research assumed from the Law on pedophiles by way of castration punishment for pedophiles as a
deterrent so that pedophile acts are not carried out. This study was to further understand about
castration in terms of the perspective of Islamic law.
METHOD
This research data collection method is to examine in depth and critically various literature related to
castration punishment for pedophiles in the context of Islamic law. (Zed, 2008). This study uses
secondary data from various literature related to this research problem. The sources of literature
include books, national, international scientific journals, magazines, internet searching and other
reference sources.
Cane and Kritzer, (2010) used qualitative study methods in answering the problem of social
and legal empirical studies such as castration punishment for pedophiles in the perspective of Islamic
law. In other words, when research wants to find arguments for Islamic law when analyzing
government regulations replacing existing castration laws.
After data collection, then proceed with analysis through 3 stages; First, look for data related
to the castration of the pedophile in the perspective of Islamic law. Second, analyze the literature
relating to the research theme both in general and specifically. Third, after analyzing the data, the next
step is to organize and communicate answers to problems according to the topic of this research
problem. (Willison and O’Regan, 2007).
RESULT AND DISCUSSION
Pedophile cases every year have experienced a drastic increase in the country. To control the increase
in the case, as a deterrent, the government enacted a law for perpetrators of pedophiles that are very
heavy. But the implementation is certainly not easy, especially about castration punishment which is
still a new issue in Indonesia.

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Castration (al-ikhsha', castration) is the cutting of the testicles or two testicles (al-khushsyatain). The
purpose of castration is to eliminate lust and at the same time become infertile. (Qal’aji, 1996). The
implementation of this punishment raises the pros and cons for scholars, intellectuals and other
thinkers. (Zamawi, 2016). This is because, the implementation of castration by performing a surgical
process by cutting or binding the testicles that produce the hormone testosterone, and can also be done
through the injection process with two categories. First, inject drugs that can suppress the production
of the hormone testosterone. Second, injection to enter the hormone estrogen, so that the neutered
person will resemble a woman.
In general, castration is not a problem of new problems for humans and animals, except
castration in a modern way known as castration. Castration is an effort to reduce sexual arousal to
pedophiles with the aim of not repeating acts of sexual harassment. (Usfunan et al., 2017); (Douglas et
al., 2013). Castrated uses hormonal drugs so that testosterone levels decrease. (Lee and Cho, 2013);
(Han et al., 2018).
Pros and cons of sexual violence committed against children, so that every developing
country practiced castration, for example in European countries. (Meyer and Cole, 1997) and
Southeast Asian countries, such as Korea which had castrated Korean society in 2011. (Lee and Cho,
2013). This castration system also wants to be implemented in Indonesia by looking at cases of sexual
violence against children which are increasing every year, as a deterrent for perpetrators who commit
pedophiles to children. However, Indonesia as the largest Muslim majority so that castration
punishment gets pros and cons for those who carry out castration punishment.
In Islam, castration is not justified, either to men or to women who are carried out
operationally (wounded), drugs or in other ways, because it is considered as severing offspring and
reducing the number of generations. Al-Qur'an also explains in QS.4: 1 and 16:72, which advocate
about multiplying offspring from marriage, while castration is contrary to the objectives of the Qur'an.
The scholars of fiqh also forbid about castration without any difference of opinion among these
scholars.
This agreement (ijmak) is based on some authentic hadith which explain about the prohibition
of the Prophet to the Companions to perform tabattul (leaving worldly pleasures for worship) and the
prohibition of castration; First, from Sa'ad bin Abi Waqash RA, he said: "The Messenger of Allah has
refused (forbid) Uthman bin Mazhun RA to do tabattul. If the Messenger of Allah permitted Uthman
bin Mazhun to do Tabattul, surely we had castrated "(Narrated by Bukhari no. 5073, and Muslim no.
3390). (‘Asqalani, 2007); (as-Saabiq, 1977). Secondly, from Abdullah Ibn Mas'ud RA he said:
"Previously we fought with the Prophet, while our wife did not come with us, then we said to the
Prophet; Can we do castration? So Rasulullah forbade us to do such a thing, then Rasulullah gave
dispensation for us to marry women mut'ah. "(HR. Bukhari no. 4615, Muslim no. 1404, Ahmad no.
3650, and Ibn Hibban no. 4141. (‘Asqalani, 2007); (as-Saabiq, 1977). Third, from Ibn Abbas RA:" A
man- a man came to Rasulullah SAW, asking about being single: "Can I do castration? Rasulullah
SAW said: Not including my people who castrate and ask for castration (HR. Thabrany). (as-Saabiq,
1977).
Explanation of these traditions about the prohibition of castration including; The first hadith,
for example, the Messenger of Allāh rejected the desire of Uthman bin Mazhun to preach, namely
deciding not to get married because he wanted to focus on worshiping Allah SWT. The Companions
commented on the Prophet's rejection by saying: If the Messenger of Allāh U allowed Uthman to
preach, surely we had castrated to be able to withstand our biological desires, so we could focus on
worship. If by reason of wanting to focus on worshiping Allah alone it is forbidden by the Messenger
of Allah to castrate, especially for others of course also not justified. The second Hadith, the
Messenger of Allah forbade castration and gave dispensation to commit mut'a marriage to the troops
who fought in exchange for the castration they asked to overcome their biological desires. The third
hadith, the Messenger of Allah very firmly stated that those who did castration did not belong to my
people. This all confirms that castration is strictly prohibited in Islam.
Hadith and firmal Allah surah al-Maidah verse 87, which has also been explained by Ibn
Hajar and Shaykh ‘Adil Mathrudy about the prohibition of castration.(as-Saabiq, 1977); (Al-
Qurthuby, 1995). Castration in an Islamic perspective if related to the 2016 Regulation on Castration
and the second amendment to the 2016 Child Protection Act which sets additional criminal penalties
(penalties) for pedophiles in the form of castration punishment, then the problem is not only limited to

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ISSN: 2005-4238 IJAST
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the haram prohibition, but also related to the prohibition stipulate punishment that is not in accordance
with the provisions of the penalty set by the shari'ah, as explained in the word of God in SWT QS.33:
36, which means; "And it is not appropriate for the believing man and not (also) for the believing
woman, if Allah and His Messenger have established a decree, there will be for them the choice (of
others) regarding their affairs. And whoever disobeys Allah and His Messenger, then he has gone
astray, a real heretic."
This verse also confirms that Allah and the Apostle have stipulated a provision, including
punishment, so there is no room for anyone to set a provision other than the provisions of Allah and
the Apostle. Meanwhile, in Islamic crimes it is explained that sexual crimes against children, can be
divided into three categories, namely adultery, gay each of which has a clear punishment in the
Shari'ah rules. If the act includes adultery, then the punishment is a volume (whip) for those who are
not married based on the word of God in QS 24: 2, and stoning if you have been married in
accordance with the provisions of the hadith. If it falls into the category of liwath and hellaaq, then the
sentence is in accordance with the differences of opinion of the ulama, namely volume, stoning and
even murder. If the act was in the category of forfeiting real punishment.(as-Saabiq, 1977).
Therefore, based on the above verse, there should be no other punishment provisions, because
there is already a decree of Allah and the Apostle. In addition, the implementation of castration is
carried out with two injection stages; First, it is done to reduce and even eliminate the hormone
testosterone, which results in a person becoming impotent. Second, the injection is done to enter the
hormone estrogen which results in neutered men who have physical characteristics such as women.
While Islam forbids men to resemble women or vice versa. This prohibition is based on the words of
Rasulullah SAW, which was received from Ibn Abbas who stated: "Rasulullah SAW has cursed men
who resemble women and cursed women who resemble men" (HR.Bukhari,5885). (‘Asqalani, 2007).
Allah and the Apostle could not condemn the perpetrators of an act unless the act was
forbidden and included a grave sin, which was threatened with punishment in this world or the
hereafter. Even the Messenger of Allāh. In addition to cursing ordered to expel them, as explained in
the hadith narrated from Ibn Abbas RA: Rasul The Messenger of Allāh mel cursed male-style men
and women-style men. And he said: Remove (expel them) from your houses. Ibn Abbas said: The
Prophet (SAW) had issued the Fulan and Umar had expelled the Fulan. (Bukhari HR no. 5886).
(‘Asqalani, 2007). From the explanation and the argument above, it is clear that the castration
punishment stipulated in Regulations No. 1 2016 is not in accordance with the provisions of Islamic
law and the act is strictly prohibited. Prohibition reached the level of forbidden. It must be
remembered that the majority of Indonesia's population is Muslim.
Conclusion
Pedophilia is a part of sexual crimes against children. This serious act of sexual abuse against children
that occurs in the country and also in other countries tends to increase every year, so the governments
in each country set severe penalties such as castration for the perpetrators. The purpose of this review
is to review the castration penalty against pedophiles in the context of Islamic law sourced from the
Qur'an and Hadith.
From a series of literature studies, we have managed to note some findings of the status of
castrated law for pedophiles in the perspective of Islamic law which is based on our holy Qur'an and
Al-Hadith, as follows: First, severe punishment in the form of castration for pedophiles has been
carried out in many other countries in Europe as a non-Muslim country and also some countries in
Asia, but the sentence faces pros and cons responses from various layers of Islamic society itself both
from university scholars and Islamic boarding school scholars. Secondly, the castration punishment
for pedophiles is essentially according to Islam is very contrary to the Koran because it has eliminated
the nature as a creature of God. Third, the castration punishment for pedophile crimes according to
Islamic law originating from the Qur'an and Hadith is stoning, especially for those who are married.

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