Norsuhaida Binti Che Musa
Universiti Sains Islam Malaysia

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Abortion at Any Gestational Age for Rape Victims: A Feminist Legal Theory Perspective (A Study of the Fatwa of the Indonesian Women’s Ulema Congress) ilma_mufidatul05 Ilma Mufidatul Khusna; Rohmawati; Norsuhaida Binti Che Musa
Journal of Family Law and Islamic Court Vol. 4 No. 2 (2026): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/mbwekb26

Abstract

The gestational age limit for abortion for rape victims is a sensitive and problematic issue in Indonesian law. Restricting legal abortion to a maximum of 14 weeks may fail to deliver substantive justice for victims enduring severe physical and psychological trauma. Such trauma often delays disclosure, reporting, and access to reproductive health services, making the statutory time limit ineffective and potentially harmful. In contrast, Fatwa No. 07/MK-KUPI-2/XI/2022 by the Indonesian Women's Ulema Congress (KUPI) permits abortion for rape victims at any gestational stage as a form of protecting life and restoring women's reproductive rights. This study analyzes the legal basis and reasoning behind the KUPI fatwa and examines its relevance through Niken Savitri's Feminist Legal Theory. Using library research, it examines the KUPI fatwa as primary data, supported by statutory regulations, Islamic legal literature, and feminist jurisprudence. Findings show the KUPI fatwa integrates victims' lived experiences into Islamic legal reasoning and emphasizes life protection. It recognizes women's distinctive needs and experiences related to reproductive rights, which differ from men's. The fatwa seeks to protect pregnant rape victims by prioritizing their safety, health, and bodily autonomy, allowing abortion at any stage according to individual circumstances and psychological conditions. This study contributes significantly to strengthening Islamic legal discourse from a gender justice perspective, demonstrating that a legal approach grounded in women's experiences can offer a robust alternative foundation for developing more humane, just, and victim-responsive public policies for survivors of sexual violence.