Abortion law

ولا تقتلوا النفس التي حرم الله إلا بالحق

"And do not kill the soul which Allah has forbidden (to kill), but with a (reason) is correct. "(Q.S. Al Israa ': 33)

Promiscuity between men and women outside pernikahaan, especially students and students today have a very alarming extent. This is due to the loss of religious values ​​in public life, coupled with a vigorous mass media offers a glamorous life, free and versatile young hedonist who has dragged into the abyss of destruction.

Dating has become a commonplace activity, even some parents mlinder and feel ashamed if their children do not have a boyfriend, because in their view people who are not going, are people who can not get along and their future bleak, and hard to find a mate. Not a few of them end up doing s3ks relations outside of marriage and pregnancy, and then ended with pengguran womb by force.

BKBN statistical data (National Family Planning Coordinating Board) indicated that approximately 2,000,000 abortions occur each year in Indonesia. For the case of abortion overseas - particularly in America - the data has been collected by two main bodies, the Federal Centers for Disease Control (CDC) and the Alan Guttmacher Institute (AGI), which showed nearly 2 million people killed by abortion. This amount is far more than the number of human lives that were killed in any war in the history of the country. Likewise, more than the deaths due to accidents, or due to illness. (Aborsi.com)

Thus, abortion is generally an act of vile, inhumane and contrary to law and religion.

However, legal abortion in particular should be examined in more depth, because abortion is not in one form, but has a wide range. Meanwhile, Islam is not rigid, but the religion that sees human life from different angles, so that the solution found in it ats all the problems faced by humans.

Understanding Abortion and Distribution

Abortion by medical definition is issuing the results of conception or fertilization, before the fetus can survive outside the mother's body.

Being in Arabic called al-Ijhadh derived from the word "ajhadha - yajhidhu" which means that women who gave birth in the state forcibly perfect creation. Or it could mean the baby is born because of forced or babies born by itself. Abortion in the terms of jurisprudence is also often referred to as "isqhoth" (abort) or "ilqaa '(throw) or" tharhu "(discard) (al-Misbah al-Munir, p: 72)

Abortion is not limited to one form, but abortion has many kinds and shapes, so it can not be equated to menghukuminya and hit rate. Among pembagiaan Abortion is as follows:

In the Indonesian Dictionary stated that the meaning of abortion is an abortion. Abortion is divided into two:

First: Crime Abortion is abortion done on purpose for a reason, and contrary to the applicable law.

Second: Legal Abortion, Abortion is carried out with the knowledge of the authorities.

According to the Medical Abortion is divided into two as well:

1. Spontaneous abortion (miscarriage spontaneus), namely abortion accidentally and naturally take place without the will of certain parties. Society knew the term miscarriage.

2. Artificial Abortion (Abortion provocatus), the abortion is done intentionally for a purpose. Provocatus Abortion is divided into two:

a. If intended for medical purposes and therapy and treatment, it is called a miscarriage Profocatus Therapeuticum

b. If that is not done for medical reasons and berlak unlawful, then it is called abortion Profocatus Criminalis

Islamic View Of Life, Fetal and Murder

Before explaining in detail the laws tentan Abortion, first needs to be explained about the general view of Islamic teachings about life, the fetus and murder, as follows:

First: Man is God's glorious creation, should not be humiliated either by changing the creation, nor mengranginya sebagiananggota by cutting the body, as well as a way to sell it, or by eliminating it altogether is to kill other as Allah says:.

ولقد كرمنا بني آدم

"And We have glorified the human race" (Surat al-Isra ': 70)

Second: Kill one life is tantamount to killing everyone. Saving one life is tantamount to save everyone.

من أجل ذلك كتبنا على بني إسرائيل أنه من قتل نفسا بغير نفس أو فساد في الأرض فكأنما قتل الناس جميعا ومن أحياها فكأنما أحيا الناس جميعا

"He who kills a man, then as if he had killed all mankind. And those who look after the safety of a human life, it would be as if he saved the life safety of the whole people. "(Surat Al-Maida: 32)

Third: Do not kill the kids (including the fetus is still in the womb), simply for fear of poverty. As Allah Almighty:

ولا تقتلوا أولادكم خشية إملاق نحن نرزقهم وإياكم إن قتلهم كان خطءا كبيرا

"And do not kill your children for fear of poverty. It is we who give sustenance to them and to you as well. Surely killing them is a great sin. "(Surat al-Isra ': 31)

Fourth: Every fetus is formed is by the Will of Allah, as Allah swt

ونقر في الأرحام ما نشاء إلى أجل مسمى ثم نخرجكم طفلا

"Then we stand fetus in utero according to the will of We over the life of the womb. Then we remove you from your mother's womb as a baby. "(Surah al-Hajj: 5)

Fifth: Prohibition kills a soul without right, as the word of Allah swt:

ولا تقتلوا النفس التي حرم الله إلا بالحق

"And do not kill the soul which Allah has forbidden except with the right reasons" (Surat al-Isra ': 33)

Abortion Laws In Islam.

In the texts of the Qur'an and Hadith are not found specifically abortion law, but that there is a prohibition to kill the soul of a person without rights, as the Lord God Almighty:

ومن يقتل مؤمنا متعمدا فجزآؤه جهنم خالدا فيها وغضب الله عليه ولعنه وأعد له عذابا عظيما

"And whoever kills a believer intentionally, then the reward is Hell, and he will abide therein and God's wrath on him and curse him and provide for him a great torment (Surat An Nisa ': 93)

So is the hadith narrated by Ibn Mas'ud that Muhammad Allah said:

إن أحدكم يجمع خلقه في بطن أمه أربعين يوما ثم يكون في ذلك علقة مثل ذلك ثم يكون في ذلك مضغة مثل ذلك ثم يرسل الملك فينفخ فيه الروح ويؤمر بأربع كلمات بكتب رزقه وأجله وعمله وشقي أو سعيد

"Surely one of you collected its creation in the mother's abdomen for forty days. After forty days even the second, segumlah forming blood clots. When even forty-third day, transformed into a piece of meat. Then God sent an angel to blow the spirit, and ordered to write four cases, namely the determination of fortune, the time of death, the charity, as well as his fate, both were wretched, and were happy. "(Bukhari and Muslim)

So, for ease of understanding, this discussion can be divided into two parts as follows:

Abort the fetus before blowing RohDalam this, the scholars disagree about the law and is divided into three opinions:

First Opinion: abort the fetus before blowing spirit be legal. Even some of the scholars are allowed to abort fetuses with drugs. (Hasyiat Al Qalyubi: 3/159)

This opinion was shared by the scholars of the Hanafi, Shafi'i, and Hanbali. But this ability required the consent of both parents, (Syareh Fathul Qadir: 2/495)

They postulate the above hadith of Ibn Mas'ud which indicates that prior four months, the spirit has not blown into the fetus and the creation is not perfect, and considered inanimate objects, so be aborted.

The second opinion: abort fetuses before blowing the spirit of the law makruh. And when it comes to blowing the spirit of the time, the law becomes haram.

The evidence that the timing of the blowing of the spirit is not known for certain, it should not abort the fetus if it is near the time of the blowing of the spirit, for the sake of prudence. This opinion is shared by most scholars Hanafi and Imam Romli one of the scholars of the Shafi'i madhhab. (Hasyiyah Ibn Abidin: 6/591, Nihayatul Muhtaj: 7/416)

Third Opinion:

Abort the fetus before blowing spirit haraam. The evidence that semen is implanted in the womb and has been mixed with female ovum, so ready to accept life, then this is a destructive form of crime. This opinion was shared by Dardir Ahmad, Imam Ibn Jawzi Ghozali and (Syareh Kabir: 2/267, Ihya Ulumuddin: 2/53, Inshof: 1/386)

The status of aborted fetuses before blowing his spirit (four months), has been considered an inanimate object, it does not need to be bathed, shrouded or disholati. That is to say that abortion is not categorized in the phase of the murder, but only considered damaging something useful.

Third opinions of scholars on the course within certain limits, ie if in it there is the benefit of, or in medical terms is a form of abortion Profocatus Therapeuticum, ie if intended for medical and therapy as well as medication. And not in the category of abortion Profocatus Criminalis, which is done for non-medical reasons, and violate applicable laws, as described above.

Abort the fetus after the blowing of the Spirit

In general, the scholars have agreed that abort the fetus after blowing spirit haraam. Spirit blowing occurs when the fetus is aged four months in the mother's womb, provision is based on the hadith of Ibn Mas'ud above. The fetus is already blown the spirit within him, automatically at the time, he had become a man, so it haram to kill. This law applies if the abortion is performed without any cause emergency.

But if there is an emergency reasons, such as if it will be harmful to the fetus if the mother is born, so in this case, the scholars differ:

First Opinion: Stating that abort the fetus after blowing laws remain unclean spirits, although it is estimated that the fetus would jeopardize the safety of mothers who conceived him. This opinion is shared by the majority of scholars.

The evidence is the word of Allah swt:

ولا تقتلوا النفس التي حرم الله إلا بالحق

"And do not kill the soul which Allah has forbidden (to kill), but with a (reason) is correct. "(Q.S. Al Israa ': 33)

The group also said that maternal mortality is still doubtful, while being the fetus is something definite and sure, it is in accordance with the rules fiqhiyah: "That should not be something that is sure dihilanngkan with something that is still in doubt." Which should not kill the fetus that has been blown spirit which is something definite, just as concerned with her mother's death which is something that is still in doubt. (Hasyiyah Ibn Abidin: 1/602).

In addition, they provide permitsalan that if a boat will sink, while the safety of all boats could happen if some of the passengers were thrown into the sea, it is also not allowed.

Second Opinion:

Permissible to abort the fetus, despite being blown spirit to him, if that is the only way to save the mother from death. Because keeping the mother's life takes precedence over the preserve fetal life, since the mother's life first, and there are sure, while fetal life and its existence was not sure last. (Mausu'ah fiqhiyah: 2/57)

Predictions about the safety of mother and fetus can be returned to medicine, although it is not absolutely true. Allaah knows best.

From the above, it can be concluded that the scholars agree that abortion Profocatus Criminalis, namely abortion criminal abortion after breathed the spirit into the fetus without a reason shar'ie law is unlawful and including category kill the soul which Allah forbidden.

As abortion is still disputed by scholars is Profocatus Therapeuticum Abortion, abortion is aimed at saving lives, especially unborn spirit breathed in it.