Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights
Abortion remains one of the most controversial legal and ethical issues, balancing between reproductive rights, religious doctrines, and state regulations. In Indonesia, abortion laws are primarily governed by the Health Law No. 36 of 2009 and the Criminal Code, which generally prohibit abortion ex...
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| Format: | Article |
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Universitas Negeri Semarang
2024-12-01
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| Series: | Contemporary Issues on Interfaith Law and Society |
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| Online Access: | https://journal.unnes.ac.id/sju/ciils/article/view/79015 |
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| author | Salsabila Triandani Windiahsari Windiahsari Ali Masyhar Aprila Niravita |
| author_facet | Salsabila Triandani Windiahsari Windiahsari Ali Masyhar Aprila Niravita |
| author_sort | Salsabila Triandani |
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Abortion remains one of the most controversial legal and ethical issues, balancing between reproductive rights, religious doctrines, and state regulations. In Indonesia, abortion laws are primarily governed by the Health Law No. 36 of 2009 and the Criminal Code, which generally prohibit abortion except under specific circumstances, such as medical emergencies or rape-induced pregnancies. These legal restrictions reflect Indonesia’s socio-religious landscape, where Islamic principles significantly influence legislative frameworks. From an Islamic legal perspective, abortion is largely prohibited but with nuanced interpretations depending on the gestational stage and underlying reasons. Classical Islamic jurisprudence generally forbids abortion after ensoulment (believed to occur at 120 days of pregnancy), though some scholars permit it under limited circumstances, such as to preserve the mother’s life or in cases of severe fetal abnormalities. However, differences exist among Islamic schools of thought regarding permissibility before ensoulment, leading to diverse legal applications across Muslim-majority countries, including Indonesia. This study critically examines the intersection of Indonesian state law and Islamic law on abortion, highlighting their points of convergence and divergence. It explores how legal, religious, and ethical considerations shape abortion policies and the implications for women's reproductive rights. The paper also addresses ongoing debates over potential legal reforms, considering global human rights perspectives and the influence of Islamic jurisprudence in shaping reproductive health policies. By comparing these legal frameworks, this study aims to provide a comprehensive understanding of abortion law in Indonesia within both secular and religious contexts.
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| format | Article |
| id | doaj-art-8b1622cac96b41e29e7817bbe13a9e9f |
| institution | Kabale University |
| issn | 2829-8373 2829-8624 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Universitas Negeri Semarang |
| record_format | Article |
| series | Contemporary Issues on Interfaith Law and Society |
| spelling | doaj-art-8b1622cac96b41e29e7817bbe13a9e9f2025-02-02T11:51:06ZengUniversitas Negeri SemarangContemporary Issues on Interfaith Law and Society2829-83732829-86242024-12-0132Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and RightsSalsabila Triandani0Windiahsari Windiahsari1Ali Masyhar2Aprila Niravita3Universitas Negeri SemarangNational Cheng Kung UniversityUniversitas Negeri SemarangUniversitas Negeri Semarang Abortion remains one of the most controversial legal and ethical issues, balancing between reproductive rights, religious doctrines, and state regulations. In Indonesia, abortion laws are primarily governed by the Health Law No. 36 of 2009 and the Criminal Code, which generally prohibit abortion except under specific circumstances, such as medical emergencies or rape-induced pregnancies. These legal restrictions reflect Indonesia’s socio-religious landscape, where Islamic principles significantly influence legislative frameworks. From an Islamic legal perspective, abortion is largely prohibited but with nuanced interpretations depending on the gestational stage and underlying reasons. Classical Islamic jurisprudence generally forbids abortion after ensoulment (believed to occur at 120 days of pregnancy), though some scholars permit it under limited circumstances, such as to preserve the mother’s life or in cases of severe fetal abnormalities. However, differences exist among Islamic schools of thought regarding permissibility before ensoulment, leading to diverse legal applications across Muslim-majority countries, including Indonesia. This study critically examines the intersection of Indonesian state law and Islamic law on abortion, highlighting their points of convergence and divergence. It explores how legal, religious, and ethical considerations shape abortion policies and the implications for women's reproductive rights. The paper also addresses ongoing debates over potential legal reforms, considering global human rights perspectives and the influence of Islamic jurisprudence in shaping reproductive health policies. By comparing these legal frameworks, this study aims to provide a comprehensive understanding of abortion law in Indonesia within both secular and religious contexts. https://journal.unnes.ac.id/sju/ciils/article/view/79015Abortion law, Islamic law, Indonesian law, reproductive rights, legal ethics |
| spellingShingle | Salsabila Triandani Windiahsari Windiahsari Ali Masyhar Aprila Niravita Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights Contemporary Issues on Interfaith Law and Society Abortion law, Islamic law, Indonesian law, reproductive rights, legal ethics |
| title | Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights |
| title_full | Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights |
| title_fullStr | Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights |
| title_full_unstemmed | Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights |
| title_short | Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights |
| title_sort | abortion laws in indonesia and islam a clash of morality religion and rights |
| topic | Abortion law, Islamic law, Indonesian law, reproductive rights, legal ethics |
| url | https://journal.unnes.ac.id/sju/ciils/article/view/79015 |
| work_keys_str_mv | AT salsabilatriandani abortionlawsinindonesiaandislamaclashofmoralityreligionandrights AT windiahsariwindiahsari abortionlawsinindonesiaandislamaclashofmoralityreligionandrights AT alimasyhar abortionlawsinindonesiaandislamaclashofmoralityreligionandrights AT aprilaniravita abortionlawsinindonesiaandislamaclashofmoralityreligionandrights |