USRAH: Jurnal Hukum Keluarga Islam
Vol. 6 No. 3 (2025): July

PRAKTEK ABORSI KORBAN PEMERKOSAAN MENURUT ANALISIS QAWAIDH FIQHIYYAH FURU’IYYAH AL MUSYAQQAH TAJLIB AT TAISIR

Fitriani, Nur Isna (Unknown)



Article Info

Publish Date
20 Jul 2025

Abstract

In cases where continuing a pregnancy resulting from rape is considered to carry significant risks, it is often due to the fact that the act of rape itself already causes lifelong trauma. This trauma is further compounded by the presence of an unwanted pregnancy. In addition to the psychological burden, victims often face social stigma and are blamed for failing to protect themselves or their honor, which is perceived as the reason they became victims of such violence. In this study, the author uses a specific branch of fiqhiyyah principles (qawāʿid fiqhiyyah furūʿiyyah) as an analytical tool to examine this issue. The research method applied is a descriptive qualitative approach through library research. The study finds that the fiqhiyyah principle al-Masyaqqah Tajlib at-Taisir, meaning "When a matter becomes difficult, the ruling becomes easier," can serve as a basis for legal consideration in permitting abortion for victims of sexual violence.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...