Abortion in the view of Islamic Law

Problem: Ustadz Dear, I wanted to ask. What is the ruling on abortion in the view of Islam? If allowed, the time when we can have an abortion? Because there are some people who say that since the sperm cell meet with the ovum (egg cell), legal abortion is forbidden. But there are some people who say that before 40 days, legal abortion is permissible. Which is it? Please explanation.
Answer: Introduction
First of all must be declared that abortion is not merely a medical or public health problems, but also social problems related to the understanding of freedom (freedom / liberalism), which adopted a community. Understand this foreign undoubtedly has an entrance for the rampant cases of abortion, in any society. Statistical data that is already proven. Abroad, particularly in the United States, the two main bodies, namely the Federal Centers for Disease Control (FCDC) and the Alan Guttmacher Institute (AGI), has collected data showing that abortion is the number of lives that were killed in cases of abortion in America - that is almost 2 million people - more than the number of human lives that were killed in the war anywhere in the country's history. As an illustration, the number of deaths of United States from every war are: the Vietnam War 58,151 inhabitants, 54,246 souls Korean War, World War II, 407,316 people, 116,708 souls WWI, Civil War (Civil War) 498 332 inhabitants. In total, in world history, the number of deaths due to abortion far exceeds the number of people who died in all wars combined at once (www.genetik2000.com).
The data was in line with statistical data showing that a majority of Americans (62%) of the opinion that sexual intercourse with another partner, made legitimate. They reasoned yet other people do similar things and all people do (James Patterson and Peter Kim, 1991, The Day America Told The Thruth in Dr. Muhammad Bin Saud Al Basyr, Collapse of America in Threshold, 1995, p.. 19).
What about in Indonesia? In Muslim-majority country which is, unfortunately there are alarming symptoms which indicate that the perpetrators of abortion is also quite significant in number. Indeed the frequency of occurrence of abortion is very difficult to count accurately, because the artificial abortion is often the case with no reported except in case of complications, and need treatment in hospital. However, based on an estimate of BKBN, there are approximately 2,000,000 cases of abortions that occur every year in Indonesia. Means that there are two million lives had been brutally murdered every year without many know (Aborsi.net). On May 9, 2001 Minister of Women Empowerment (then) Dra. Hj. Khofifah Indar Parawansa in Seminar on "Efforts to Prevent deterrent against Sexual Violence in Children of Women" held the Child Protection Agency (LPA) in East Java, Airlangga University Surabaya FISIP stated, "The abortion rate has reached 2.3 million and every year there is a trend to increase." (www.indokini.com). Consultant gynecologist and sex, dr. Boyke Dian Nugraha, in the seminar "Sex Education for Students" at the National University of Jakarta, the end of April 2001 stated, every year there is 750,000 to 1.5 million abortions in Indonesia (www.suarapembaruan.com).
And it turned out well, the data is consistent with data promiscuity in Indonesia, which reflects the values of freedom dianutnya the sekularistik. Citing the results of a survey conducted in the House Chandi Salmon Conrad target Gaul Jakarta Yayasan Pelita Science, Prof. Dr. Fawzia Aswin Hadis at the Symposium Towards a New Era of National Family Planning Movement, at the Hotel Sahid Jakarta there are 42% of adolescents revealed that states had sex, 52% of whom are still active through it. This survey was done in Gaul Block M, involving 117 adolescents aged about 13 to 20 years. Most of them (60%) were female. Most of the upper middle class who live in South Jakarta (www.kompas.com).
On this basis, it can be concluded that abortion is indeed a social problem related to the understanding of freedom (freedom / liberalism) which was born from the understanding of secularism, namely the separation of religion from life (Abdul Qadeem Zallum, 1998).
Apart from these issues, abortion law itself is obliged to be properly understood by the Muslims, both the medical community and society at large. Because for a Muslim, Sharia law is a standard for all actions. In addition, attachment to the laws of Islamic Shari'a is the duty of a Muslim as a consequence of his faith to Islam. Allah says:
"So by your Lord, they essentially do not believe until they make you (Muhammad) as a breaker of cases that they differed among themselves." (Surat an-Nisa '[4]: 65).
"And not worthy of a mu` min boys and mu `min women, when Allah and His Messenger have set up a provision, there will be for those options (the others) about their affairs." (Surah al-Ahzab [ 33]: 36).
Abortion Facts at a Glance
Abortion in general is to end a pregnancy (by certain consequences) before the fruit of pregnancy is able to live outside the womb. (JNPK-KR, 1999) (www.jender.or.id) More specifically, Encyclopedia of Indonesia to provide understanding of abortion as follows: "Termination of pregnancy before 28 weeks gestation or before the fetus weighed 1,000 grams." Another definition states, abortion is spending the products of conception at the age of less than 20 weeks gestation or fetal weight of less than 500 grams. Abortion is a process of termination of life of the fetus before given a chance to grow (Capita Selection of Medicine, 3rd Edition, page 260).
In the world of medicine known as 3 kinds of abortion, namely: 1. Spontaneous Abortion / Natural or Spontaneus Abortion 2. Abortion Artificial / Intentionally or Provocatus Criminalis Abortion 3. Abortion Therapeutic / Medical or Provocatus Therapeuticum Abortion
Abortion spontaneous / natural place without any action. Mostly due to lack of good quality eggs and sperm cells.
Abortion artificial / intentionally / Provocatus Criminalis Abortion is the termination of pregnancy before 20 weeks of pregnancy or fetal weight of less than 500 grams as a result of a deliberate and conscious action by the prospective mother or the executor of abortion (in this case the doctor, midwife or midwives).
Therapeutic Abortion / Abortion Provocatus therapeuticum is artificial abortion performed for medical indications. For example, expectant mothers who are pregnant but have high blood disease chronic or severe heart disease that could endanger both the mother and the fetus. But this is all over medical considerations a mature and unhurried (www.genetik2000.com).
Implementation of abortion are as follows. If pregnancy were younger, more easily done. The bigger risk is increasingly more difficult and more and more for the mother, in ways that do in-clinic abortion kilnik vary, usually depending on the size of her fetus.
1. Abortion for pregnancies up to 12 weeks is usually done with MR / Menstrual regulation is by suction (like a regular vacuum cleaner, but 2 times stronger).
2. In the larger fetus (up to 16 weeks) by dilatation & Curetage.
3. Up to 24 weeks. Here the baby is huge, because it is usually first to be killed by poisoning him. For example, with a thick fluid such as saline salt. With a special needle, the drug was injected directly into the uterus, into the amniotic fluid, so that her child poisoning, skin burns, and death.
4. Above 28 weeks is usually done with an injection of prostaglandin resulting in the birth process artificial and forced the boy to get out of the maintenance and protection.
5. Also used as a way Sesaria operation on a regular pregnancy (www.genetik2000.com).
With a variety of reasons for someone to have an abortion but the most important reasons are the reasons for non-medical. In the United States reason for abortion, among others:
1. Do not want to have children for fear of offending careers, school or other responsibilities (75%)
2. Not having enough money to care for children (66%)
3. Do not want to have children without fathers (50%)
Another reason that is often raised is still too young (especially those who are pregnant out of wedlock), a family disgrace, or already have many children. Some people are content to abort because they do not understand what they are doing. They do not know the miracles that will be felt a prospective mother, as she felt the movement and geliatan child in her womb.
Reasons like this are also given by the women in Indonesia who try to convince him that killing a fetus that is in the womb is allowed and correct. All these reasons are unfounded.
Instead, these reasons only shows ignorance of a woman, who are only concerned with himself (www.genetik2000.com).
This data is also supported by studies from Aida Torres and Jacqueline Sarroch Forrest (1998) which states that only 1% of cases of abortion due to rape or incest (sexual intercourse one blood), 3% due to endanger the lives of expectant mothers, and 3% because the fetus will grow with a serious disability. While 93% of cases of abortion is for reasons of nature for its own sake, including fear of not able to pay, fear of being isolated, ashamed, or prestige (www.genetik2000.com).
Abortion According to Islamic Law
Dr. Abdurrahman Al-Baghdadi (1998) in his Emancipation Are In Islam pages 127-128 states that abortion can be performed before or after the ruh (soul) is blown. If done after after ditiupkannya spirit, that is after 4 (four) months of pregnancy, then all religious jurists (fuqoha) agreed to keharamannya. But the scholars of fiqh different opinion if the abortion is done before ditiupkannya spirit. Part of allowed and some mengharamkannya.
Which allows abortion before the blast of the spirit, among others, Muhammad Ramli (d. 1596 CE) in his book An Nihayah the grounds because there is no animate beings. There is also a look at makruh, with reason because the fetus is experiencing growth.
Which forbids an abortion before the blast of the spirit, among others, Ibn Hajar (d. 1567 CE) in his book At Tuhfah and Al-Ghazali in his book Ihya `Ulumiddin. Even Syaltut Mahmud, former Rector of Al Azhar University of Egypt argued that since the meeting of sperm cells with the ovum (egg), then abortion is forbidden, because it was no life in the womb that is experiencing growth and preparation to become a new creature called the human soul that must be respected and protected existence. Will the great evil and sin, if the abortion is performed after the fetus is dead, and will be even bigger sin when a newborn baby from the womb until banished or killed (Masjfuk Zuhdi, 1993, Masail Fiqhiyah Capita Selekta Islamic Law, page 81; M. Ali Hasan, 1995, Masail Fiqhiyah Al Haditsah In Contemporary Problems of Islamic Law, page 57; Cholil Uman, 1994, Religion Answering About Century Modern Problems, pages 91-93; Mahjuddin, 1990, Masailul Fiqhiyah Various Cases Faced Islamic Law Today, pages 77-79).
Fuqoha agreed opinion, that is unlawful abortion after ditiupkannya ruh (four months), based on the fact that the blast of the spirit occurs after 4 (four) months of pregnancy. Abdullah ibn Mas'ud said that the Prophet has said:
"Verily, each one of you collected it happens in your mother's stomach for 40 days in the form of 'nuthfah', then in the form of 'alaqah' during that time, then in the form of 'mudghah' during that time, then blown soul to him." [HR. Bukhari, Muslim, Abu Dawud, Ahmad, and Tirmidhi].
Therefore, abortion after 4 months old the content is forbidden, because it means killing a creature that has been lifeless. And this is included in the category of murder that keharamannya among others based on the following arguments syar'i. Firman Allah SWT:
"And do not kill your children because of poverty. We will give rizki to them and thee. "(Surah al-An'am [6]: 151).
"And do not kill your children for fear of being poor. We will give rizki to them and thee. "(Surah al-Isra '[17]: 31).
"And do not kill the soul which Allah forbidden (to kill) but with (reason) is right (according to Islamic rules ')." (Surah al-Isra' [17]: 33).
"And when the babies are buried alive is questioned for what crime she was killed." (Surat at-Takwiir [81]: 8-9)
Based on these postulates then abortion is forbidden on the content of the animate or already 4 months old, because in such circumstances means that abortion is a crime of unlawful killing of Islam.
As for abortion before the content is 4 months old, as described above, the fuqoha disagree on this issue. However, in the opinion of Shaykh Abdul Qadeem Zallum (1998) and Dr. Abdurrahman Al-Baghdadi (1998), of Islamic rules' are more rajih (strong) are as follows. If abortion is done after 40 (forty) days, or 42 (forty two) days of gestational age and at the beginning of the formation of the fetus, it is haraam. In this case the ruling on the same legal prohibition of abortion after peniu ¬ pan spirit into the fetus. While abortion has not reached the age of 40 days, it is permissible (ja'iz) and that's okay. (Abdul Qadeem Zallum, 1998, Some Problems of Contemporary In Islam Views: Cloning, Organ Transplantation, Abortion, IVF, Use of Artificial Organs, Definitions of Life and Death, pages 45-56; Dr. Abdurrahman Al-Baghdadi, 1998, Emancipation Is In Islam, page 129).
Syar'i theorem which shows that abortion is forbidden when the fetal age 40 days or 40 nights is following the Prophet's hadith:
"If the germ (blood clot) has forty-two nights, then God sent an angel to him, then he formed the germ; he makes his hearing, eyesight, skin, flesh, and bones. And the angel said (to Allah), 'My Lord, if he (would you define) into male or female? "So God then gives a decision ..." [HR. Muslim from Ibn Mas'ud r.a.].
In another narration, the Prophet said:
"(If the germ has passed) and forty nights ..."
The above hadith shows that the beginning of the creation of the fetus and the appearance of the members of his body, is the after ¬ is past 40 or 42 nights. Thus, the persecution against him was an abuse of the fetus that already have signs of a man who maintained his blood (ma'shumud dam). Action abuse is murder.
Based on the description above, then the mother of the fetus, fathers, or doctors, are forbidden to abort the mother's womb when the womb has been aged 40 days.
Anyone of those who perform abortions, means have sinned and have committed crimes that require the payment of diyat for the fetus who died, who was a slave male or female, or a tenth diyat perfect man (10 tail of a camel), as already explained in the saheeh hadeeth in the matter. Holy Prophet said:
"Holy Prophet gave a decision on the issue of a female fetus who died in Bani Lihyan dead, with one ghurrah, ie a slave male or female ..." [HR. Bukhari and Muslim, from Abu Hurairah ra] (Abdul Qadeem Zallum, 1998).
While abortions on fetuses whose age has not reached 40 days, it is permissible (ja'iz) and that's okay. This is because that what there is not yet a fetus in the womb because he is still in the stages as the germ (blood clot), has not reached the phase of creation that shows characteristics of a minimum as a human.
In addition, germ abortion before a fetus, from a legal perspective can be likened to 'azl (coitus interruptus) is intended to prevent pregnancy. 'Azl done by a man who does not want pregnant women who digaulinya, for' azl is an act out female sperm outside the vagina ¬ ladies. This action will result in the death of sperm cells, as it will result in the death of egg cells, so that the meeting will result in the absence of sperm cells with egg cells which certainly will not cause pregnancy.
Prophet has allowed 'azl to a man who asked him about his actions intercourse with female slaves, while he did not want slaves ¬ pregnant daughter. Kepa ¬ Prophet said him:
"Do 'azl him if you like!" [HR. Ahmad, Muslim, and Abu Dawud].
However, abortion is allowed either at the stage of creation the fetus, or after blowing the spirit of him, if a trusted doctor determined that the existence of the fetus in the mother's abdomen will result in death of mother and fetus as well. Under these conditions, allowed an abortion and to seek to rescue the life of the mother soul. Saving lives is something that is called by the teachings of Islam, according to the word of Allah SWT:
"Those who maintain the life of a human being, then as if he has maintained all human life." (Surah al-Maa'idah [5]: 32).
In addition, abortion under such conditions may include treatment efforts. While the Holy Prophet has ordered his people to seek treatment. Holy Prophet said:
"Verily, Allah Almighty each time creating disease, he also created the cure. So berobatlah you! "[HR. Ahmad].
Rules of jurisprudence in this matter states:
"Idza ta'aradha mafsadatani ru'iya a'zhamuha dhararan birtikabi akhaffihima"
"If you gathered two madharat (danger) in one law, then choose a lighter madharatnya." (Abdul Hamid Hakim, 1927, Mabadi `Awaliyah fi Usul Al Fiqh wa Al qawa'id Al Fiqhiyah, page 35).
Under this rule, a woman's abortion is permissible if the existence of content that would threaten his life, even if it means killing her fetus. It is a mafsadat mengggugurkan content. Similarly, loss of life of the mother if the abortion is also retaining a mafsadat. But no doubt that the content of the fetus to abort it madharatnya lighter than taking someone's life his mother, or let her mother's life is threatened by the existence of these fetuses (Dr. Abdurrahman al-Baghdadi, 1998).
Opinion which states that abortion is forbidden from meeting the egg with a sperm cell on the grounds because there is life in the womb, is not strong opinions. Because real life does not just form after meeting an egg cell with sperm cells, but even in the sperm cell itself has no life, so does the egg cell, although both cells had not been met. Life (al hayah) according to Ghanim Abduh in his book Al Isytirakiyah Naqdh Al Marksiyah (1963) page 85 is "something that is there in living organisms." (Al syai al qa `im` fi al-ka `in al hayyi). The characteristics of life is the growth, movement, iritabilita, require nutrition, breeding, and so forth. By understanding this life, then in egg and sperm cells (which is still good, yet corrupted) actually have lives, because if the sperm cells and egg cells there was no life, surely is not going to happen fertilization of egg cells by sperm cells. So, life (al hayah) is actually contained in the egg and sperm cells before conception, not only after fertilization.
Based on this explanation, the opinion which forbids abortion after meeting the egg and sperm cells with reason is the existence of life, is a weak opinion, because not based on proper understanding will understanding the facts of life (al hayah). Their opinions are implicitly stating that prior to the meeting of egg and sperm cells, means no life in the egg and sperm cells. When in fact not the case. If let's say that opinion is accepted, everything would eliminate life activity that is unlawful, including 'azl. Because the activity of 'azl there is an effort to prevent the occurrence of life, which means the life of sperm cells and egg cells (before meeting). Whereas' azl was allowed by the Prophet. In other words, an opinion stating illicit abortions after meeting the egg and sperm cells with reason is the existence of life, would be contrary to the hadiths which allow 'azl.
Conclusion
Abortion is not just a medical or public health problems, but also the social problems that arise because of the human tail on Western civilization. So the solution must be comprehensive-radical-fundamental, which essentially is to unplug taqlid attitude to Western civilization by destroying all the values and institutions of Western civilization that are contrary to Islam, to then be replaced with Islamic civilization is humane and fair.
Legal abortion in the view of Islam asserted prohibition of abortion if the pregnancy is the age of 4 (four) months, which is already blown the spirit of the fetus. For fetuses who were under the age of 4 months, the scholars have different opinions. So this is a problem khilafiyah. But according to our understanding, opinions rajih (strong) is that if abortion is done after 40 (forty) days, or 42 (forty two) days of gestational age and at the beginning of the formation of the fetus, it is haraam. While abortion has not reached the age of 40 days, it is permissible (ja'iz) and that's okay. And Allaah knows best [M. Siddiq al-Jawi]
Reference
Abduh, Ghanim, 1963, Naqdh Al Isytirakiyah Al Marksiyah, tp, t.tp
Al-Baghdadi, Abdurrahman, 1998, Emancipation Are In Islam, Gema Humanities Press, Jakarta
Hakim, Abdul Hamid, 1927, Mabadi `Awaliyah fi Usul Al Fiqh wa Al qawa'id Al Fiqhiyah, Sa'adiyah Putera, Jakarta
Hasan, M. Ali, 1995, Masail Fiqhiyah Al Haditsah In Contemporary Problems of Islamic Law, RajaGrafindo Persada, Jakarta
Mahjuddin, 1990, Masailul Fiqhiyah Various Cases Faced on Contemporary Islamic Law, Kalam Mulia, Jakarta
Uman, Cholil, 1994, Religion Responding to Various Issues About the Modern Ages, Holy Ampel, Surabaya
Zallum, Abdul Qadeem, 1998, Some Problems of Contemporary In Islam Views: Cloning, Organ Transplantation, Abortion, IVF, Use of Artificial Organs, Definitions of Life and Death, Al-Izzah, Bangil