Journal
Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights
Contemporary Issues on Interfaith Law and Society · Vol. 3 No. 2 (2024)
- ISSN
- 2829-8624, 2829-8373
- Published
- 2024-12-31
- Publisher
- Faculty of Law, Universitas Negeri Semarang
Abstract
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.
Collaboration network of the authors
40 authors · 132 co-authorship links · showing the 40 most connected
Hover or tap a name to highlight its co-authors. Double-click to open the author's page.
- State University of Semarang
- Universitas Respati Yogyakarta
- Affiliation unknown
- Different organisations
- Same organisation
- Affiliation unknown
- Thicker line = more joint articles · bigger circle = more articles
Show as table
| Co-author | Organisation | Joint articles |
|---|---|---|
| Ridwan Arifin | Affiliation unknown | 7 |
| Muhammad Azil Maskur | Affiliation unknown | 6 |
| Cahya Wulandari | State University of Semarang | 6 |
| Ubaidillah Kamal | Affiliation unknown | 5 |
| Anis Widyawati | Affiliation unknown | 4 |
| Ngboawaji Daniel Nte | Affiliation unknown | 4 |
| Rohadhatul Aisy | Affiliation unknown | 4 |
| Rodiyah Rodiyah | Affiliation unknown | 4 |
| Muhammad Adymas Hikal Fikri | Affiliation unknown | 4 |
| Eram Tunggul Pawenang | State University of Semarang | 3 |
| Batari Laskarwati | Affiliation unknown | 3 |
| Nadhira Madania Dimarti | Affiliation unknown | 2 |
| Rasdi Rasdi | Affiliation unknown | 2 |
| Ahmad Zaharuddin Sani Ahmad Sabri | Affiliation unknown | 2 |
| Roziya Abu | Affiliation unknown | 2 |
| Syatriawan Lagura | Affiliation unknown | 2 |
| Nadela Justicea | Affiliation unknown | 2 |
| Juniza Indah Setiawati | Affiliation unknown | 2 |
| Tegar Islami Putra | Affiliation unknown | 2 |
| Rio Taufik Ansori | Affiliation unknown | 2 |
| Saniya Puspitasari | Affiliation unknown | 2 |
| Vira Azra | Affiliation unknown | 2 |
| Bayangsari Wedhatami | Affiliation unknown | 2 |
| Benny Sumardiana | Affiliation unknown | 2 |
| Syukron Salam | Affiliation unknown | 2 |
| Iqbal Syariefudin | Affiliation unknown | 2 |
| Sri Lestari | Universitas Respati Yogyakarta | 2 |
| Muhammad Reza Maulana | Affiliation unknown | 2 |
| Fauziah Ramadhani | Affiliation unknown | 2 |
| Sang Ayu Putu Rahayu | Affiliation unknown | 2 |
| Rahayu Fery Anitasari | Affiliation unknown | 2 |
| Moh Saman | Affiliation unknown | 2 |
| Muhammad Hilmi Naufal Aflah | Affiliation unknown | 2 |
| Diyah Anggun Febriyanti | Affiliation unknown | 2 |
| Muhammad Haidar Ghoni | Affiliation unknown | 2 |
Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.