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All Journal Asian Journal of Law and Humanity
Rosy Kusuma Dewi
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Perpetrators of Abortion Due to Rape in a Human Rights Perspective Fahrur Razi; Riska Nur Hasanah; Rosy Kusuma Dewi
Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v2i2.7015

Abstract

This study examines the perpetrators of abortion as a result of rape in a review of Islamic law. The formulation of the problem in this study is how the perpetrators of abortion as a result of rape in view of Islamic law. The method used in this research is a qualitative research approach with a descriptive research type. The discussion in this research is in the form of the process of human creation in Islam, the law of women as perpetrators of abortion due to rape in the perspective of the Koran, Hadith, and the perspective of the scholars. This research resulted in the conclusion that abortion should not be done because it is the same as killing a human being. However, on the other hand and in certain circumstances, by adhering to Islamic law through a review of maqashidu al- shari'ah, which has the concept of obtaining benefits and avoiding harm, abortions carried out by women victims of rape can be legally permitted. law, if it does not have the opportunity to endanger the life of the woman.
Co-Authors Fahrur Razi Riska Nur Hasanah