Abstract
This article discusses the discourse on abortion in pregnancy of victims of rape in the perspective of al-ḍarar yuzâlu. Act No 36 of 2009 about health and Government Regulation Number 61 by 2014 about reproductive health, allows abortion due to rape. However, in its implementation there are still many obstacles, because of the abortion discourse which is still pro and contra, especially in terms of religion and cultural morals. This paper is a library research with qualitative data. Normatively, the discussion on abortion still raises various polemics and negative stigmas among the community as well as legal explanations. Therefore, this study is analyzed using the fiqh rule approach used in legal istinbaṭ by describing the reality of abortion and the impact of pregnancy due to rape for women. The purpose of this study is to become a discussion discourse to encourage good policies and regulations for women who become pregnans as a resultof rape. By using the rules of fiqh al-ḍarar yuzâlu, it is hoped that the harm is sought to be removed by terminating the pregnancy, as part of the protection of women, hifdz an-nafs, which is part of the maqâṣid al-syarȋ’ah.
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