The Perspective of Islamic Ethics on Abortion in the Case of Rape and Premarital Pregnancy

Title : The Perspective of Islamic Ethics on Abortion in the Case of Rape and Premarital Pregnancy
Author : Arief Aulia Rachman (CRCS, 2009)
Keywords : Islamic Ethics, Islamic Law (Fiqh), Ushul Fiqh, Abortion, Rape and Premarital pregnancy
Abstract
This thesis aims to determine and analyze the cases of abortion with the motive of rape and premarital pregnancy through the perspective of Islamic ethics. Islamic ethics is a framework to analyze abortion cases that become a middle course between normative (Islamic law) and non-normative decisions, taking into account the textual basis and the context of what happened. In addressing the above issues, this thesis focuses on the questions as follows: a) how is the formulation and the ethics concepts in Islam as a scientific framework and its own perspective?; b) how and what are the factors causing the abortion with a motive of rape and premarital pregnancies?; c) how is the Islamic ethics perspectives of abortion cases are caused by a motive of rape and premarital pregnancies.

This thesis also discusses differences in the perspective or understanding of the Islamic ethics of abortion as Shafi, Maliki, Hanbali, and Hanafi, and the view of the Council of Indonesian Ulama (MUI). So, the existence of fundamental disagreements between the pro-life and pro-choice to the abortion cases. The point of ethical theory and Islamic ethics which are discussed in this thesis is intended to find a systematic flow of thought in explaining the theory of Islamic ethics. Because, basically general conception of ethics emphasis the definition of ethical concepts, justification or assessment of the moral decisions, as well as distinguish between the actions or decisions good and bad. Based on the matter, the thesis is a normative research. The point is based on case studies of social or communal cases such as the abortion, and then analyzed by using the basis and the perspective of Islamic ethics.

This thesis come to several findings namely: first, the Islamic ethics as a framework to determine reasonable perspective or ratio proportion are not far to the existence of revelation and it has an authority to criticize revelation while there is no clear legal provisions. Second, the abortion is influenced by various factors such as sexual violence, psychological pressure on these women, the medical effects such as pregnant women are suffering physical and mental illness, social counter the very strong to the unwanted pregnancies cases, and inaccurate interpretation and misuse of religious doctrine. Third, Islamic ethics assumes that the abortion of rape is ethical because the women under sexual coercion and violence which unwanted, whereas the motive of premarital pregnancies, as his ethical woman must resposible and save her pregnancy as a logical consequence for her actions.

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