إجهاض الجنين للأم المجنونة في منظور الفقه الإسلامي والقانون الإندونيسي (دراسة مقارنة)

Abortion is one of social phenomenon with the variety of conditions and motives, which is relate to the role of islamic sharia in the human life. It is like a usual, islamic sharia always provide the rules according with the conditions. Likewise the law of Indonesia, it is constantly making benefit for the society. In many abortion cases, the majority of aborsionist is woman or mental disorder female. This is a phenomenon which grow parallel with end time slander, it is caused by the degradation of faith and moral as well. Accordingly, the writer concerne to criticize this phenomenon deeply in this opportunity. This study is aimed to understand about the rule of abortion for mental disorder woman who is pregnant by islamic sharia and indonesia’s constitution perspective. While the secondary aim is to comprehend about the similiarity and difference between the both of perspective. This research is qualitative literature research based on deductive, critisize, and comparison analysis. The study comes to the following conclusion. Generally, based on analysis of each element, abortion amercement for woman or mental disoerder female is variety , due to the conditions and motives. It is considered a criminal behavior. But on the emergency situation, it could be the last solution due to the necesssary. In this case, there are many equality between “fiqh” and indonesia’s contitution to make a decision for this phenomenon. Whereas the explanation of fiqh is more detail than the indonesia’s constitution