Criminal Offense of Abortion Due to Rape from the Perspective of Islamic Criminal Law

Abstract

The crime of abortion resulting from rape is a complex issue that elicits significant debate from legal, religious, and humanitarian perspectives. This research aims to examine how abortion due to rape is viewed under positive law and Islamic law, employing the Normative Juridical Method to analyze written legal norms in legislation. Findings reveal that abortion is fundamentally considered haram (forbidden) in Islamic law. However, scholars from the Hanafi and Hanbali schools, along with Imam Nawawi, permit abortion before the fetus reaches 120 days if there are valid reasons, such as when a doctor predicts that continuing the pregnancy would endanger the mother's life or in cases of rape. This aligns with legislation that generally prohibits abortion except for medical reasons. Women who become pregnant due to rape often face psychological disturbances, including stress, which can lead to severe consequences. According to Government Regulation No. 61 of 2014 on Reproductive Health, abortion is allowed for pregnancies resulting from rape, but must occur within 40 days before life begins. The procedure must be conducted by a gynecologist and supported by evidence of rape, including police reports, medical examinations, and witness statements.