Abortion in the Perspective of Positive Law and Islamic Law

Abstract

Abortion is an act of abortion. In Indonesia, this action is prohibited and is included in the Crimes Against Life Chapter in the Criminal Code (KUHP). Although abortion is legally prohibited, the reality is that abortions are still carried out by women for various reasons. Positive law and Islamic law have regulated the criminal act of abortion; in the Criminal Code, the act of intentional abortion (abortus provocatus) is regulated in the second book of Chapter XIV concerning Moral Crimes, especially Article 299, and Chapter XIX Articles 346 to 349, and is classified as a crime against life. In Islamic law itself, the crime of abortion is described in the Qur'an in Surah An-Nisa' verse 93, Surah Al-Isra 'verse 31.