Aborsi Akibat Pelecehan Dalam Kajian Hukum Islam Dan Hukum Positif

Abstract

Abortion resulting from pregnancy caused by sexual harassment is a complex issue from both Islamic and positive law perspectives. Under Islamic law abortion is fundamentally prohibited because it violates the principle of life protection. However there are differing opinions among Islamic scholars regarding its permissibility in emergency situations including pregnancies resulting from rape particularly before the fetus reaches 120 days of gestation. Meanwhile, positive law in Indonesia provides exceptions to the prohibition on abortion in certain cases, such as medical emergencies and pregnancies resulting from rape, with strict requirements and procedures in accordance with statutory regulations. This study aims to compare these two legal perspectives in handling cases of abortion resulting from sexual harassment. The method used is a normative juridical approach with an analysis of relevant legal sources. The results of the study indicate that both legal systems provide room for exceptions to protect women's safety and rights.