(Ahmadi Hasanuddin Dardiri)
(09410551)

Abstraction
Basically, Islamic law has been formed to protect the five destinations of Islamic Shari’a. They are protecting religion, soul, intelligence, generation, and the property. One of the principles that be used to formed the Islamic law is adh-dhararu yuzaalu. This principle is taken from the word of our prophet Muhammad “ laa dharara wa laa dhiraar” and it means that someone does not permitted to make dangerous himself and the others, from this word, the Muslim scholars made the principle “ad-dhararu yuzaluu” and it means that the condition of dangerous must be skipped over.
This principle has a word “dangerous condition”. Dangerous condition written here is the condition threatening the five destinations of Islamic shar’i. and this principle is basic of the other principles that formed from this principle, like: ad dhororu tubihu al mahdhuroot, maa ubiihu li adh dhoruroti bi qordi ta’adzhuriha, etc.
The Rape Cases on Public Transport In Jakarta
Sexual Crimes on Public transport Jakarta repeated. Recently, the police uncover the rape action on D-02 public transportation department Lebak bulus- Pondok labu. Head of public relations South Jakarta Police said the rape took place on 1 September 2011.
Rape cases in the area of Jakarta, Depok, dan Tangerang in the 2010 reached 40 cases, meanwhile, the rape cases in 2011 until mid-september reached 40 cases. It is estimated that the number increases if prevention efforts are not taken immediately. And generally the rape cases occurred at night.
Basically, the principle of Islam that have been formed to protecting five destination of Islamic shar’i , so, this condition of rape cases can be called by dangerous condition and the principle that will be used is “ad-dharuratu tubiihu al mahdhuroot” and it means that by condition of dangerous, people can do anything forbidden.
Bringing sharp weapon is forbidden to everyone without permission. With this dangerous condition, women, as the object of rape cases, be permitted to bringing the sharp weapon to protecting herself from the rape and it will be prevention of rape in the public transport Jakarta that was recently increasing.