Tinjauan Terhadap Fatwa Majelis Ulama Indonesia (MUI) Nomor 4 Tahun 2005 tentang Aborsi Menurut Hukum Islam
| Main Author: | Khairunnisa |
|---|---|
| Other Authors: | Syah, Abdullah, Thaib, M. Hasballah, Sembiring, Idha Aprilyana |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/33914 |
Daftar Isi:
- Indonesian Ulama Council (MUI) was established in Jakarta on 17 Rajab 1395 Hijrah. The establishment of the Indonesian Ulama Council is not separated from the internal and external factors. The internal factor is the condition of the Islamic ummah and the people of Indonesia in terms of the low religious understanding and experience, while the external factor is the condition surrounding the Islamic ummah and the people of Indonesia who are facing a serious global challenge. Up to now, either the central or regional/local MUI have issued a lot of fatwa, one of them is Fatwa No.4/2005 on Abortion. Every year, in Indonesia millions of women experience unplanned pregnancies and most of them choose to eliminate their pregnancies through abortion even though, in general, abortion is illegal. Abortion is not yet legalized in Indonesia, but it is always proposed that abortion can be allowed in accordance with certain law and condition. This study looked at the factors that can justify doing an abortion, the consideration taken by the MUI in determining their fatwa on abortion, and the legal consequence raised after the issuance of fatwa issued by the MUI for the actor of abortion. The data used in this normative juridical study were the secondary data in the forms of legal norms found in regulation of legislation, text books, research findings and the other documents related to the problems of study which were obtained through library research. The factors justifying the practice of abortion were based on medical consideration, abortion of defective fetal, abortion for the victim of rape. The consideration taken by the MUI to Abortion has raised public questions about legal abortion, absolutely forbidden or allowed under certain conditions. Therefore, the MUI thinks that it is important to determine a fatwa about the law on abortion to be used as guidelines. The fatwa of the MUI on abortion clearly established that abortion is unlawful. The basic consideration of the fatwa of the MUI No.4/2005 on abortion is found in the Al-Quran and Hadist. The legal consequence raised after the issuance of the fatwa of the MUI is up to each individual. Islamic ummah should obey the fatwa issued by the MUI because if the fatwa is not obeyed and the abortion is still practiced those practicing the abortion are sinned.
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