ABORTION ON ISLAMIC PERSPECTIVE

ESSAY

Arranged in Order to Qualify

English Course Class

Lecturer : L. Dyah Purwita S W W. S.S., M.A.

Arranged by :

IQBAL FIRDAUS MASYAYIKH

NIM_210110301075

UNIVERSITAS JEMBER

2021
 Abortion is a procedure performed to intentionally terminate a pregnancy
before the fetus can live outside the womb. This procedure is performed to remove
pregnancy tissue, the fetus, and the placenta from the uterus. In some countries,
abortion is considered a legitimate procedure..

Abortion has been regulated in Article 75, Article 77, and Article 194 of
Law Number 36 Year 2009 concerning Health ("Health Law"). Article 75
paragraph (2) of the Health Law provides two reasons for an abortion to be carried
out, namely:
1. An indication of a medical emergency detected at an early age of
pregnancy, whether it threatens the life of the mother and/or fetus, who
suffers from severe genetic disease and/or congenital defects, or which
cannot be corrected so that it is difficult for the baby to live outside the
womb.
2. For rape victims.

In Islam and in various fiqh literatures, there are differences of opinion

regarding whether or not a person is allowed to have an abortion. Etymologically,
abortion comes from English, namely fetus removal and from Latin, namely
abortion, which means abortion, as explained by M. Ali Hasan in the book Masail
Fiqhiyah.

Meanwhile, abortion in Arabic is defined as al-ijhad, which is a masdar

form of individualized organization ajhada, which means the birth of a fetus
because it is forced or born by itself before the time comes, as explained by
Mahjuddin in the book Masailul Fiqhiyah Various Cases Facing Today's Islamic
Law.

The Indonesian Ulema Council (MUI) in 2005 issued the Fatwa of the
Indonesian Ulema Council Number 4 of 2005 concerning Abortion ("MUI Fatwa
4/2005"). This fatwa was issued based on the consideration that nowadays more
and more abortions are being carried out by the public without regard to religious
guidance.

In addition, many abortions are also carried out by parties who do not have
competence in their fields, so that many people question the law, whether it is
absolutely forbidden or permissible under certain conditions.

Based on the Qur'an, hadith, fiqh rules, and the opinions of classical
scholars, the MUI states:
1. Abortion is illegal since the implantation of the blastocyst in the uterine
wall of the mother (nidation).

2. Abortion is allowed due to old age, whether it is an emergency or a

necessity.
 Departing from the MUI Fatwa above, it can be concluded that basically
MUI agrees with classical and contemporary scholars, that abortion (qabla nafkh
al-ruh) is forbidden and MUI is very strict, as in al-Gazali's opinion, that abortion
(qabla nafkh al-ruh ) is prohibited since the implantation of the blastocyst in the
uterine wall of the mother (nidation). However, the MUI provides an exception for
abortion if there are indications that it is an emergency or a need.

This exception is limited until the fetus is 40 days old, of course this is the
same as the opinion expressed by the majority of the Shafi'iyyah jurists, most of
the Hanabilah jurists, and a small number of Hanafiyyah jurists. While abortion is
due to adultery, the MUI absolutely forbids it. The author personally also does not
agree with abortion itself, apart from the author's belief as a Muslim abortion also
violates human rights where every human being has the right to live in this world.

REFERENCES

1. Fatwa Majelis Ulama Indonesia Nomor 4 Tahun 2005 tentang Aborsi;

2. Khoiruddin Nasution. Pandangan Islam tentang Aborsi. Musawa: Jurnal
Studi Gender dan Islam, vol. 2, Yogyakarta: UIN Sunan Kalijaga
Yogyakarta, 2003;
3. Yurnalis Uddin, et.al. Reinterpretasi Hukum Islam tentang Aborsi. Jakarta:
Penerbit Universitas Yarsi, 2006.
4. Kitab Undang-Undang Hukum Pidana;
5. Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan; &
6. https://hellosehat.com/kehamilan/melahirkan/persalinan/aborsi/;
7. https://media.neliti.com/media/publications/57114-ID-aborsi-akibat-
kehamilan-yang-tak-diingin.pdf.