<![CDATA[The maximum gestational age limit for rape victims to obtain an abortion is a sensitive and problematic issue in the Indonesian legal system. Regulations that restrict abortion to a maximum of 14 weeks may not adequately provide justice for women who are rape victims and who experience severe physical and psychological trauma. By contrast, the fatwa of the Indonesian Women’s Ulema Congress (KUPI) permits abortion for rape victims at any stage of pregnancy as a means of protecting life and restoring women’s reproductive rights. This study aimed to analyze the legal basis and considerations underlying the issuance of the KUPI fatwa and to examine its relevance from the perspective of Niken Savitri’s Feminist Legal Theory. This study employed a library research design and examined the primary data source, namely the KUPI Fatwa No. 07/MK-KUPI-2/XI/2022. The results of the study showed that the KUPI fatwa integrates the experiences of women who are rape victims into legal decision-making and emphasizes the protection of life, ensuring that women’s needs and experiences, particularly those related to reproductive rights, which differ from those of men, are recognized. The fatwa seeks to protect women who are rape victims and who become pregnant by ensuring their safety and health, allowing them to obtain an abortion at any stage of pregnancy in light of their individual circumstances and experiences. This study contributes to strengthening the discourse on Islamic law from a gender justice perspective by demonstrating that a legal approach grounded in women’s experiences can provide an alternative basis for developing public policies that are more humane and responsive to victims of sexual violence.]]>
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