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

Ishaq, Ishaq and Saadah, Maratun (2021) Islamic Law Analysis of Criminal Sanctions for Abortion in the Criminal Code: A Call for Reform. PSYCHOLOGY AND EDUCATION, 58 (1). pp. 5398-5407. ISSN 00333077

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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.

Item Type: Article
Keywords / Katakunci: Islamic Law, Abortion Crime, Criminal Code
Subjects: 2x4 Fiqih > 2x4.5 Jinayat (Pidana Islam)
Divisions: Fakultas Syariah > Hukum Pidana Islam
Depositing User: Murjoko S.Kom
Date Deposited: 28 Jun 2021 00:12
Last Modified: 28 Jun 2021 00:12
URI: http://repository.uinjambi.ac.id/id/eprint/8572

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