#4 Identify, Analyze, And Compare The Different Perceptions Surrounding The Law Of Abortion

REVIEW OF MASAIL FIQH
16110067 - Fiana Shohibatussholihah
UIN Maulana Malik Ibrahim Malang

Abortion or abortion is the termination of pregnancy or the result of conception before the fetus can live outside the womb. In Arabic it is called Isqatu Hamli or al Ijhadh. Al-Ijhadh which comes from the word "ajhadha - yajhidhu" which means the woman who gave birth to her child forcibly in his imperfect state of creation. Or it can also mean babies born because of being forced or babies born by themselves. Abortion in fiqh terms is also often referred to as "isqhoth" (abort) or "ilqaa' (throwing) or "tharhu" (throwing away).

According to the medical Abortion is divided into two:
- Spontaneous abortion due to accident or accidental (Spontaneus Abortion / ijhadl al-dzati).
- Accidental abortion (Abortion Provocatus)

Imam Malik considers the conception period as the beginning of human life, therefore abortion from the beginning is not justified, having an abortion is a major sin and can be subject to severe punishment.

Groups who argue that abortion can be seen from various phases as follows: if the fetal seed is still in the form of nuthfah, aborting it is considered to be makruh. Whereas if it is already in the form of decline, then aborting it is considered to be makruh tanzih. According to Syafi'iyah, with a note, the abortion was with the permission of her husband; on ‘alaqah and then the law is haraam.

“And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin.” (Al Isra: 31)

The group that allows abortion at each stage before giving life (nafkh al-ruh). This opinion is the strongest among Hanafiyah. The reasons stated are as follows: Allah Everyone who has not been given a life will not be raised by God on the Day of Judgment. Every thing that is not raised means that its existence is not taken into account. ' Thus there is no prohibition to abort it.