Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Vol. 19 No. 2 (2021): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum

Abortion Due to Unwanted Pregnancy: Perspective of Islamic Law and Positive Law

Firdaus Firdaus (Institut Agama Islam Negeri Batusangkar, Sumatera Barat, Indonesia)
Jumni Nelly (Universitar Islam Negeri sultan Syarif Kasim, Riau, Indonesia)
Elimartati Elimartati (Institut Agama Islam Negeri Batusangkar, Sumatera Barat, Indonesia)
Hamdani Hamdani (Institut Agama Islam Negeri Bukittinggi, Sumatera Barat, Indonesia)



Article Info

Publish Date
19 Dec 2022

Abstract

This article is intended to look at the variants of the legal implications of abortion, both from the perspective of Islamic law and positive law in Indonesia. This research uses a juridical-normative approach which is based on the laws and regulations and the fatwas of ulama. The results showed that abortion can be classified into two, namely abortion for medical reasons and abortion not for medical reasons. Legally, abortion for medical reasons and performed by a doctor with integrity is a justified act. Both Islamic law and positive law in Indonesia justify this action by meeting certain conditions. The act of abortion that is not accompanied by medical indications is a prohibited act in Islamic law and positive law at the same time. This research is expected to contribute in completing the assessment of the variant of abortion in terms of Islamic law and positive law. However, this research needs to be continued by considering quantitative data on abortion, so that the resulting legal opinion is truly oriented towards the general benefit.

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Journal Info

Abbrev

alqisthu

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum is a peer-reviewed scientific open access journal. The subject covers textual and fieldwork studies with various perspectives of law, philosophy, mysticism, history, art, theology, and many more. In the beginning the journal only served as a scholarly forum ...