COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum
Vol. 6 No. 1 (2025)

ABORSI BAGI KORBAN PEMERKOSAAN: PERSPEKTIF IMAM SYAFI’I, IMAM MALIKI DAN HUKUM PIDANA INDONESIA

Alif Nurhayati (Unknown)
Rodhi Fata (Unknown)
Salma Khoirun Nisa’ (Unknown)
Aprilia Intan Ayu A (Unknown)



Article Info

Publish Date
08 Jul 2025

Abstract

This paper explores the issue of abortion for rape victims from the perspectives of Imam Shafi'i, Imam Maliki, and Indonesian criminal law. Imam Shafi'i generally prohibits abortion after the soul is believed to enter the fetus, typically at 120 days, but some interpretations allow it before that point under pressing circumstances. Imam Maliki takes a stricter view, opposing abortion at all stages, even before ensoulment. In contrast, Indonesian criminal law permits abortion for rape victims under certain conditions, including a limited gestational age, in accordance with health regulations and the 2009 Health Law. By comparing these perspectives, the study highlights the tension between religious interpretations and legal frameworks in addressing sensitive moral and legal dilemmas faced by rape survivors.

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Journal Info

Abbrev

comparativa

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Comparativa is a Mazhab and Law Comparison journal which provide immediate open access as an effort to disseminate research results that focus on Comparativa Journal study includes (but is not limited to): Islamic Law and Comparison School of Law in terms of Islamic Law and Positive Law. Comparativa ...