ABORSI DALAM PERSPEKTIF HAK ASASI MANUSIA DAN HUKUM ISLAM

Abstract

The right to life is the most important element in Human Rights so that not only oneself and others have maintained this right but the state has also made a set of rules to guarantee and protect everyone's human rights. Currently, it is undeniable that there has been an increasing prevalence of human beings committing crimes including crimes related to human rights, especially in the form of crimes against the right to life, namely in the form of abortion crimes.

The research method used in this study is a normative juridical approach, namely by studying or analyzing secondary data in the form of secondary legal materials by understanding the law as a regulatory device or positive norms in the statutory system that regulates the problems in this study. After the secondary and primary data are collected, thenthere is a qualitative analysis related to the phenomenon of the Right to life: Abortion in the Perspective of Human Rights and Islamic Law.

Based on the results of data analysis, it was concluded that positive  law allows abortion on medical grounds and this is not contrary to the right to life, and in Islamic law it is also known to be able to perform abortions both at the stage of fetal creation and at the time of blowing the spirit on the fetus, and if the reason is that it is the doctor who determines that if the fetus is maintained  as to its existence to remain alive, grow and develop in the womb of a woman then it may result in the risk of death to the mother and in such case abortion when the fetus has been blown away can be performed for shari'a reasons.