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40 Days vs. 120 Days: Legal Time Limits for Abortion in Rape cases from the Perspectives of Positive Law and Islamic Law Rahmat Hidayat; Muhammad Iqbal Irham; Muhammad Faisal Hamdani
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 10 No. 1 (2025): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v10i1.1082

Abstract

One of the consequences of rape is unwanted pregnancy, which may lead to both psychological and physical distress, often resulting in the desire to undergo an abortion. According to the 2023 Indonesian Penal Code (KUHP) and the opinion of the Hanafi school of thought, abortion is permissible before the pregnancy reaches 14 weeks or 120 days. In contrast, under the 2009 Health Law and the Shafi'i school of thought, abortion is only allowed before 6 weeks or 40 days of gestation. This discrepancy calls for further examination to determine the most appropriate legal threshold for abortion in rape cases, from both the perspectives of positive law and Islamic jurisprudence. This study employs a qualitative method with a comparative approach, utilizing literature review and document analysis of statutory law, classical Islamic legal texts, and relevant medical literature. It also applies the principle of hifz al-nafs (protection of life) as a normative foundation. The findings reveal that the 2023 revision of the Penal Code, which extends the permissible period for abortion from 6 to 14 weeks, aligns with the majority of Islamic scholars who permit abortion before 120 days of gestation. Nonetheless, abortion before 40 days is preferable to avoid legal controversy and reduce medical risks and psychological trauma. This study recommends harmonizing national laws, medical ethics, and Islamic legal principles to ensure substantive justice and optimal protection for victims of sexual violence
DOORSMEER BUSINESS RESPONSIBILITY FOR CUSTOMER LOSSES DUE TO WORKER NEGLIGENCE WAHBAH AZ ZUHAILI PERSPECTIVE (CASE STUDY: DOORSMEER PARAMAN MANDIRI, MEDAN AMPLAS) Weldi Saputra; Rahmat Hidayat
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25640

Abstract

Doorsmeer businesses have significant responsibilities and risks in providing vehicle washing services. These risks include negligence that causes losses to customers, such as cars falling due to a broken hydraulic support iron, accidentally pressing the gas pedal before turning off the engine, and cars colliding due to employees' carelessness. It is important to know what form of responsibility is given by the business owner for these losses. This study aims to determine the form of responsibility given by the business owner at doorsmeer Paraman Mandiri, Medan Amplas for customer losses from the perspective of Wahbah Az-Zuhaili. The type of research used is empirical juridical, namely research that examines the direct application of law to an event that occurs in society with qualitative research methods and data collection techniques through interviews and direct observation at doorsmeer. The results of this study indicate that the practice of compensation liability at doorsmeer Paraman Mandiri, Medan Amplas has reflected the principle of justice according to Wahbah Az-Zuhaili's view that liability for damage can be in the form of repairing damaged objects to be whole again. The repair can be done by replacing the same item or by returning the money as done by the owner of the Paraman Mandiri doormeer, namely repairing the damaged car part so that it is intact as before.