Islamic Law Analysis of Criminal Sanctions for Abortion in the Criminal Code:  A Call for Reform

Ishaq,  Maratun Saadah

doi:10.17762/pae.v58i1.1797

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Published: Jan 20, 2021

DOI: https://doi.org/10.17762/pae.v58i1.1797

Ishaq, Maratun Saadah

Abstract

This study aims to contribute to Islamic law regarding the criminal sanction of abortion in the Criminal Code (KUHP) as an effort to reform Indonesian criminal law. The method used is comparison, with data collection carried out by library research, by studying Islamic legal literature, interpretation of the Quran (tafsir), hadith, Criminal Code, and the Draft of Criminal Code. The sanctions for abortion in articles 346, 347, 348 and 349 of the Criminal Code are only imprisonment, not accompanied by fines. According to Islamic law these sanctions are not sufficient, because they tend to make the perpetrators not deterred, as a result the purpose of punishment is not achieved. Therefore, it needs to be updated by including the value of Islamic legal sanctions in the form of fines (diat), so that the purpose of punishment can be achieved.

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Vol. 58 No. 1 (2021): Volume 58 No. 1 (2021)

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