Taruna Law
Vol. 4 No. 1 (2026): January

Hak Aborsi Wanita Tanpa Persetujuan Suami Dalam Perspektif Hukum Keluarga Islam

Wahyudi (Unknown)
Oyo Sunaryo Mukhlas (Unknown)
Beni Ahmad Saebani (Unknown)



Article Info

Publish Date
20 Jan 2026

Abstract

This study discusses women's right to abortion without the husband's consent from the perspective of Islamic family law. The main focus of this study is to explore how Islam views women's reproductive rights in the context of abortion decision-making, especially when the decision is made without involving the husband. This study uses a normative approach by referring to primary sources such as the Qur'an, Hadith, and jurisprudence books, as well as secondary sources in the form of scholars' fatwas and contemporary literature. The analysis results indicate that Islam allows women to make decisions regarding their health, including abortion in cases of medical emergencies or pregnancy due to rape. However, the principle of joint responsibility in marriage also requires the involvement of the husband in such decision-making. Conflicts between women's reproductive rights and the rights of husbands often arise due to differences in views on the priorities of justice and maslahah (well-being). Abortion without the husband's consent can have a negative impact on household harmony, such as communication breakdowns, distrust, and moral conflicts. Therefore, the proposed solution is the application of the principle of consultation (musyawarah) as an effort to reach a fair and beneficial agreement for all parties.

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Journal Info

Abbrev

jls

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus The main objective of its publication is to provide an appropriate channel for information and research publication, case studies and book reviews related to Law and Syariah based on original research and ideas by the respective authors. The editorial board welcomes original contributions ...