An-Nawa: Jurnal Studi Islam

Vol. 04 No. 02 (2022) : 147-160

Available online at https://jurnal.staiannawawi.com/index.php/annawa/article/view/530

ISLAMIC STUDY ON THE LAW OF HUSBANDS FORCING

WIVES TO HAVE ABORTIONS DUE TO ECONOMIC
FACTORS

Vick Ainun Haq1, Adella Dewi Nur’aini2, Amirudin3

1,3 Pascasarjana,
UIN Maulana Malik Ibrahim Malang
2 Hukum Keluarga Islam, Pascasarjana, UIN Sayyid Ali Rahmatullah Tulungagung
Email : 210101210016@student.uin-malang.ac.id1, adelladewi334@gmail.com2,
210101210033@student.uin-malang.ac.id3

DOI: https://doi.org/10.37758/annawa.v4i2.530
Received: Desember 2022 Accepted: Desember 2022 Published: Desember 2022

Abstract :
This article aims to strengthen the ruling on the law of husbands forcing their wives to
have abortions due to economic reasons. So far, abortion has always been considered
to be something that is always blamed in law and religion, when in fact humans have
the right to have an abortion legally, according to the reasons that support it. This type
of research uses qualitative, with a literature review approach where the data
collected by researchers are taken based on primary and secondary sources. Primary
sources are related to the topic of abortion and the thoughts of Al Ghazali and Yusuf
Qardawi about abortion, while secondary based on previous studies relevant to the
theme. The analysis technique used is content analysis, with descriptive-analysis
method. The results of this study indicate that (1) When viewed from Maqashid Sharia
Al Ghazali that the law of abortion due to economic factors is haram, while (2) When
reviewing the concept of emergency Yusuf Qardawi that abortion due to economic
factors is permissible but not more than 40 days of gestation, with the author's
analysis that Yusuf Qardawi allows for reasons of common benefit, because poverty
(economic factors) is prone to be a factor of crime against society, such as theft,
robbery and even murder.

Keywords : Contemporary Fiqh, Abortion, Al Ghazali, Yusuf Qardawi

Abstrak :
Artikel ini bertujuan untuk menguatkan keputusan tentang hukum suami memaksa
istri aborsi karena faktor ekonomi. Selama ini aborsi selalu dianggap menjadi hal yang
selalu disalahkan dalam hukum maupun agama, padahal pada faktanya manusia
memiliki hak untuk melakukan aborsi secara sah, sesuai dengan alasan-alasan yang
mendukungya. Jenis penelitian ini menggunakan kualitatif, dengan pendektaan
kajian pustaka dimana data-data yang dihimpun oleh peneliti diambil berdasarkan
sumber-sumber primer dan sekunder. Sumber primer terkait dengan topik aborsi dari
pemikiran Al Ghazali dan Yusuf Qardawi tentang abosi, sedangkan sekunder
berdasarkan penelitian-penelitian terdahulu yang relevan dengan tema. Teknik
analisis yang digunakan ialah analisis isi, dengan metode analisis-deskriptif. Hasil
dari penelitian ini menunjukan bahwa (1) Jika ditinjau dari Maqashid Syariah Al
Ghazali bahwa hukum aborsi karena faktor ekonomi adalah haram hukumnya,
sedangkan (2) Jika meninjau dari konsep darurat Yusuf Qardawi bahwa aborsi karena
faktor ekonomi adalah boleh namun tidak lebih dari 40 hari usia kandungan, dengan

An-Nawa: Jurnal Studi Islam

Vol. 04 No. 02 (2022) : 147-160
 analisis penulis bahwa Yusuf Qardawi membolehkan untuk alasan kemaslahatan
bersama, sebab kemiskinan (faktor ekonomi) rentan menjadi faktor kejahatan
terhadap masyarakat, seperti pencurian, perampasam bahkan pembunuhan.

Kata Kunci: Fiqih Kontemporer, Aborsi, Al Ghazali, Yusuf Qardawi

INTRODUCTION
Contemporary Islamic law cannot be separated from the basis of classical
Islamic law, especially when faced with current legal issues. One of the serious
issues in the spotlight of contemporary Islamic law now is the act of abortion
(Reta Elly Yani, Fanny Aldiana P, Masrofatun Khotijah, 2020, p. 1). Every year
there are about 2.3 million cases of abortion in Indonesia (Andriani &
Suhrawardi, 2022, p. 3444). Many factors underlie a person to have an abortion,
namely because of health, social and emergency. One of them is due to
coercion, which can be forced due to pregnancy resulting from rape or forced
due to pregnancy that is not in accordance with the wishes and others. Komnas
Perempuan noted that from 2016-2021 there were 147 cases of forced abortion
(Perempuan, 2021). Coercion in KBBI V is pressure, insistence on something
that is not desired (KBBI, n.d.-b). What if the husband forces the wife to have
an abortion due to economic factors? The issue of abortion in Indonesia still
seems to be a hot debate for academics and scholars.
The diversity of views on abortion is a form of reality that is natural
because it is in line with its purpose, which is to answer the problems that arise
in society. The point of debate and polarization of these different views is the
extreme defense of the right to life of the fetus/embryo (pro-life) or defense of
the interests of pregnant women (prochoice) and their families (Wijayati, 2015,
p. 44). Usually the pro-life group is supported by religious groups, and the pro-
choice group is supported by liberal groups. Furthermore, there are five main
issues that become points of 'dispute', namely, what is a fetus? when is a fetus
considered to have begun to live? are all types of abortion absolutely
prohibited, or are there certain justifications? what are the legal consequences
for abortionists? how to prevent the spread of abortion in society (Jumat, 2008,
p. 44).
These five questions can be said to be the basis for Indonesia to issue
Law No. 36 of 2009 concerning Health, and strengthened by Government
Regulation No. 61 of 2014 concerning Reproductive Health. In Law No. 36 of
2009 article 75 abortion in Indonesia is prohibited, unless a medical license is
obtained (Kemenkes, n.d.). The exception is said that if; (1) medical emergencies
for women whose womb has been detected will threaten her safety or the fetus
has a severe genetic disease or congenital defect, or that cannot be repaired so
that it will make it difficult for the baby to live outside the womb. (2) for a
woman who has experienced a rape pregnancy which may cause psychological
trauma to her (Fentiningrum, 2021, p. 78).
Of course, state law is different from religious law, the law for
abortionists based on a religious perspective is more specifically regulated

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based on certain reasons. In Islam, it is also explained that the position of a
husband is an imam in the household for his wife and family who must be
respected and obedient to his orders, but what is the law if the imam orders
things that are still debated by religion? Therefore, in this article, the author will
discuss more deeply the issue of abortion based on economic factors in the
perspective of Islamic law by examining the thoughts of classical fiqh scholars
and contemporary fiqh.

RESEARCH METHOD
The discussion of the law of abortion is interesting to analyze and
determine the law of Islamic perspective, both classical and contemporary
opinions. There are factors that become the reason why husbands force their
wives because of economic factors, firstly concern for the future of the child,
secondly reviewing the attitude of ignoring the laws that have been enacted
both juridically and religiously. This qualitative research uses a literature
review approach, where data is taken from written materials, both books,
journals, popular scientific articles and other data related to the topic of
discussion, especially the differences in opinion of the scholars about the law of
husbands forcing abortion due to economic factors (Haq, 2022, p. 12).
Furthermore, the data that has been collected is analyzed descriptive.
Descriptive research involves representation, systematic, factual descriptions
and their relationship to facts, characteristics related to the research topic, and
their relationship to the phenomena in the study. Examining the thoughts of Al
Ghazali and Yusuf Qardawi in order to capture the ideas and nuances intended
explicitly and interpreted by the researcher scientifically. The analysis was
conducted using several techniques: interpretation, coherence, and historically
factual. Meanwhile, the results of the analysis are then drawn into a conclusion
in the main discussion.

FINDINGS AND DISCUSSION

Overview of Abortion
In language, abortion is (English: abortius. Latin: abortus) means
miscarriage of the womb (Hudiyani, 2021, p. 45). according to KBBI V defines
that abortion is a miscarriage of the womb, or the scattering of the embryo
(KBBI, n.d.-a). or the scattering of an embryo that is no longer possible to live
(before the end of the 4th month of pregnancy). It can also be interpreted from
various points of view both according to law and medical experts and religion.
The definition of abortion in law is the birth of the fetus from the womb
prematurely by a person's actions. While according to medical or medical
experts’ abortion is associated as the fall of the fetus with the termination of
pregnancy after parturition, before the formation of clots that are less than 20-28
weeks or before the baby reaches a weight of 1000 grams (Tina, 2012, p. 5). In
the process of pregnancy, there is a pregnant mother and a fetus that is
conceived, both of which have the right to: (Mukaromah, 2022, pp. 31–32).
A woman has the right to obtain abortion services because it is part of
reproductive health rights. Basically, women also have the right to defend their
lives without interference from any party. Reproductive rights include a

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woman's right to decide to have children without coercion and violence, the
right to obtain information and health, the right to obtain services and
protection, the right to be protected from death due to pregnancy, the right to
be free from persecution and ill treatment and so on (PKBI, 2018).
The fetus in the mother's womb will later develop into a new living being
based on the genetic structure. The moral obligation of each individual also
requires to respect the lives of fellow human beings including the fetus in the
womb (Wiknjosastro, 2006, p. 18). Then related to fetal rights have also been
warned in the Quran Surah Al Isra': 33
َ َ َّ ْ َ ْ ْ ُ َ َ ً ْٰ َ ْ َ َ ْ َ َ ً ْ ُ ْ َ َ ُ ْ َ َ َْ َّ ُ ٰ َ َ َّ ْ َّ ُ ُ ْ َ َ
َ‫ل ِانهَ كان‬ َ ‫د جعلنا ِل َوِل ِيهَ ُسلطنا فلا ي ْس ِر‬
َ ِ ‫ف ِفى القت‬ َ ‫ل مظلوما فق‬ َ ‫ن ق ِت‬
َ ‫ق وم‬
َ ِ ‫اّلل ِالا ِبالح‬ َ َ ‫َولا تقتلوا النف‬
َ ‫س ال ِت َْي حَّر َم‬

ُ ْ
٣٣‫َمنص ْو ًرا‬

"And do not kill anyone whom Allah has forbidden (to kill), except with
a just cause. And whoever is unjustly killed, then indeed, We have given power
to his guardian, but let not his guardian exceed the limit in killing. Verily, he is
one who has help." (Kemenag, n.d.-a)
In the research conducted by Iman Jauhari abortion can be divided into
two types, namely:
Spontaneous Abortion, an accidental abortion, spontaneous abortion
occurs due to natural causes rather than human action. It usually occurs in the
first three months of pregnancy and no amount of prevention can prevent this
common cause of miscarriage, not even doctors can determine exactly what
caused it. These abortions usually begin with bleeding without any known
cause. However, some are caused by shock or a fall. These abortions do not
have any legal implications because they occur outside of human will and
power. In more familiar terms, we usually hear or call it a miscarriage of
pregnancy.
Artificial Abortion, a termination of pregnancy that occurs as a result of
an intentional act by a human being (Ekotama, 2001, p. 32). This type of
abortion can be divided into two: First, abortion for medical reasons. This is
done as a rescue of the mother's life is threatened, if the continuation of
pregnancy is maintained, because the medical examination showed symptoms
such as heart disease, kidney and mental illness. Second, non-medical abortion.
Usually this kind of abortion is done because of unwanted pregnancy, either for
economic reasons or pregnancy as a result of promiscuity, sex outside marriage.
These reasons are not justified by law and are considered crimes (Jauhari, 2020,
pp. 11–12).

Abortion According to Various Madhhabs

In discussing the issue of abortion, the majority of fiqh scholars are
guided by the hadith narrated by al-Bukhari from Ibn Mas'ud r.a that
Rasululloh said:

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 َ ََ ُ ُ َ
َ َ َ ََ َ َ َ ُ ْ َ ُ ُ َ ْ َ َ َ
َ‫اّلل عل ْي َِه َوآ ِل َِه َو َسل َم‬ َ ‫ل اّللَِ صلى‬ َ ‫حدثنا َر ُس ْو‬: ‫ال‬ َ ‫اّلل عن َه ق‬ َ ‫ن َم ْسع ْو َِد َر ِضي‬ َ ِ ‫د اّللَِ ْب‬ َِ ‫الرحمن ع ْب‬ َِ ‫ن أ ِبي ع ْب‬
‫د‬ َْ ‫ع‬
ُ َ َ َْ ً َََ ُ ْ ُ َ َ ُ ً َ ُْ ً َْ َْ ََْ ُ َْ ُ ُْ َ ُ َ ُْ ْ ُ َ َ َ َ ُ ُ ْ ْ ُ َ َ ُ َ
‫ك ث ََم‬ َ ‫ل ذ ِل‬ َ ‫ن علق َة ِمث‬ َ ‫ن يوما نطف َة ث َم يكو‬ َ ‫ن أ ِم َِه أرب ِعي‬َ ِ ‫ن أحدك َم يجم َع خلق َه ِفي بط‬ َ ‫ ِإ‬: ‫ق‬ َ ‫ق ال َمصد ْو‬ َ ‫وه َو الص ِاد‬
َ َْ َ ُ َ ْ ُ َ ُ َ َ ْ َْ ُ َ ُْ َ ُ َ َ َ ْ ً َ ْ ُ ُ ْ ُ َ
َ ْ َ َ ْ ُ ُ
‫ب ِرز ِق َِه َوأج ِل َِه‬ َ ِ ‫ ِبكت‬: َ‫ر ِبأ ْر َب ِ َع ك ِلمات‬ َُ ‫ح َو ُيؤ َم‬
َ ‫الر ْو‬ ‫خ ِف ْي َِه‬ َ ‫ك فينف‬ َ ‫ل ِإلي َِه المل‬ َ ‫ك ث َم يرس‬ َ ‫ل ذ ِل‬
َ ‫ن مضغ َة ِمث‬ َ ‫يكو‬
َ َ َ َ َ
ُ َ ْ ُ ْ ُ َ َ َ َ ََْ ْ َ ُ َ ْ ََ ْ ُ َ َ َ َُُْ َ َ َ َ َ
‫ن َبين َه‬ َ ‫ل الجن َِة حتى ما يكو‬ َ ِ ‫ل أه‬ َ ِ ‫ل ِبع َم‬َ ‫حدك َم ليعم‬ َ‫نأ‬ َ ‫َوع َم ِل َِه َوش ِقيَ أ َْو َس ِع ْيدَ ف ََو اّللَِ ال ِذي‬
َ ‫لا ِإل َه غير َه ِإ‬
َ َ َ ْ
ْ َ ُ َ ََْ ْ ُ َ َ َ َ َُ ُ ْ ََ َ ْ َ ُ َ َْ َ ُ َ ََ ُ ََْ َ َْ
َ ِ ‫ل أه‬
‫ل‬ َ
َ ِ ‫ل ِبعم‬ َ ‫ن أحدك َم ليعم‬ َ ‫ار فيدخلها و ِإ‬ َِ ‫ل الن‬ َ ِ ‫ل أه‬ َ
َ ِ ‫ل ِبعم‬ َ ‫اب فيعم‬َ ‫ق عل ْي َِه ال ِكت‬ َ ‫لا ِذ َراعَ فيس ِب‬ َ ‫َو َبين َها ِإ‬
َ ْ
َُ ُ ْ َ ََْ ْ َ ُ َ ْ َ َ ُ َ ََ ُ ََْ َ َْ ُ َْ ُ ْ ُ َ َ َ َ َ
‫ل الجن َِة ف َيدخل َه‬َ ِ ‫ل أه‬ َ ِ ‫ل ِبع َم‬ َ ‫اب فيعم‬ َ ‫ق عل ْي َِه ال ِكت‬ َ ‫لا ِذ َراعَ فيس ِب‬ َ ‫ن َبين َه َو َبين َها ِإ‬ َ ‫ار حتى ما يكو‬ َِ ‫الن‬

“Abdullah ibn Mas'ud. he said: The Messenger of Allah (sallallaahu

'alaihi wasallam) narrated to us and he is a truthful person and should be
trusted: Verily (the phase) of your creation is gathered in your mother's belly
for 40 days (in the form of) nutfah (sperm), then during that time (40 days) it
becomes a clot of blood then during that time (40 days) it becomes a clot of
flesh, then an Angel is sent, the spirit is blown and four things are recorded: his
sustenance, his death, his deeds, whether he is fortunate or wretched. By Allah,
Whom there is no god but He, surely there is among you one who does the
deeds of the people of Jannah (Paradise) until there is a cubit between him and
Jannah, then he is preceded by a record (destiny) so that he does the deeds of
the people of An Naar (Hell), so that he enters Hell. Verily, there is one among
you who does the deeds of the people of an-Naar, until there is a cubit between
him and an-Naar, then he is preceded by a record (destiny) so that he does the
deeds of the people of Jannah, so that he enters it (Jannah). (Hadith narrated by
al-Bukhari and Muslim)” (Salafy, n.d.).
So according to this Hadith, the fetus can only be said to be a living being
after exceeding the time limit of 120 days, entering the 18th week after
conception or fertilization. Therefore, the scholars of fiqh distinguish between
the law of aborting the womb before and after the spirit is blown (Zahro, 2016,
p.212). Meanwhile, according to the majority of fukaha, aborting a fetus that is
120 days old is haram. While the age before 120 days is khilafiyah (Romli, 2011,
p. 160). The scholars' controversy in this regard does not only occur between
madhhabs, but also within the madhhabs. The following is a description:
(Wijaya, n.d., p. 143)
Hanafi Madhhab
Most Hanafiyya fuqaha' are of the opinion that abortion is permissible
before the fetus is formed, some say that abortion is permissible before the fetus
is 45 days old. However, another opinion was expressed by Ibn Abidin, author
of al-Radd al-Mukhtar, that abortion is absolutely makruh, both before and after
the formation of the fetus. However, the sin is not the same as the sin of killing.
This opinion implies the absolute prohibition of abortion because the term
makruh in fiqh Hanafiyyah means karahiyah al-tahrim (makruh closer to haram)
(Istibsjaroh, 2012, p. 41).
Maliki Madhhab
The Maalikiyyah scholars disagree on the ruling on aborting a fetus

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before the spirit is breathed. We can classify the difference as follows:
1. The majority of scholars are of the view that it is haram to terminate a
pregnancy after the semen has entered the womb.
2. Some of the Maaliki fuqaha' regard it as permissible to terminate a fetus after
it has formed in the womb before it is 40 days old, and forbid it after that.
3. Al-Lakhmi, one of the Maalikis, was of the view that it is permissible to abort
the fetus before it is forty days old and not to replace it.
4. Some of the Malikiyyah fuqaha are of the opinion that it is permissible to
terminate the pregnancy before the blowing of the soul, if the fetus is the
result of adultery, and especially if the woman fears that she will be killed if
it is discovered that she is pregnant (Yasin, 2006, pp. 204-205).
Hanbali Madhhab
In viewing the law of abortion, some Hanbaliyyah fuqaha argue that
abortion is permitted before creation, namely before the fetus is 40 days old
(Istibsjaroh, 2012, p. 42). As confirmed by Ibn Qudamah in the book Al- Mughni:
The abortion of a fetus that is still in the form of mudghah is punishable
by a fine (ghurah) if, according to a specialist team of obstetricians, the fetus has
already taken shape. However, if it is at the stage of formation, there are two
opinions in this regard: (1) the most correct opinion is that the penalty (ghurah)
is waived because the fetus has not yet been formed, for example in the form of
'alaqah, so the perpetrator is not subject to punishment (2) the penalty (ghurah)
is still obligatory because the aborted fetus has already entered the stage of
human creation (Jumat, 2008, p. 79).
However, there are also those from the Hanbaliyyah madhhab who state
that it is forbidden, such as Ibn Jawzi who forbids termination of pregnancy
before the blowing of the spirit in all phases of fetal development as quoted by
al Mardawi from him (Yasin, 2006, pp. 209-210).
Shafi'i Madhhab
The Shafi'i fuqaha differed on the ruling on termination of pregnancy
before the soul is breathed, which can be classified into several opinions,
namely:
1. The first opinion is the most widely held view in this madhhab, which is that
it is permissible to terminate a pregnancy so long as the soul of the fetus has
not been breathed into it.
2. It is makrooh to abort the fetus before the soul is breathed, if the fetus is close
to the time of the soul being breathed, because it is difficult to know the time
of the soul being breathed.
3. It is forbidden to abort the fetus in all phases of pregnancy development
(Yasin, 2006, pp. 206-207).
Critical Review of the Fact of Abortion in the perspective of
contemporary fiqh, also emphasizes the prohibition of abortion on pregnancy in
a legal marriage and also pregnancy outside of marriage. According to him,
there are a number of arguments that indicate the prohibition of abortion on
pregnancy from sexual relations outside of marriage (Hudiyani, 2021, p. 123).
(Hudiyani, 2021, p. 123). While the legal decision according to LBM NU is as
follows: (PBNU, 2014)
General Conditions, an emergency is a situation in which a person is

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allowed to do something that is forbidden, otherwise he will die or harm
himself. The state of necessity is a situation of need in which if a person does
not do something that is prohibited, then he will experience great difficulty.
Legal Provisions, basically, the law of abortion is haram. However, it is
allowed in case of emergency or necessity that can threaten the mother and/or
fetus, abortion is allowed based on the consideration of a team of expert
doctors. However, some scholars allow abortion before the age of the fetus is 40
days from conception even without cause. According to medical science it can
be known from the first day of the last menstruation. Abortion in pregnancy
that occurs because of adultery is still forbidden. As for the limit of the soul, the
scholars agree that the limit of the soul is 120 days, based on the consensus of
the companions.
The well-known arguments used by the NU LBM in deciding the law of
abortion can be seen in the following books; In the book of Bughyat al-
Mustarsyidîn Page 522:
"It is haraam to abort a fetus that is in the womb, whether it is a clot of
blood or a lump of flesh, even if it is in the womb before the soul is breathed, as
mentioned in the tuhfah, and al-Ramli said that it is not haraam except after the
soul is breathed."
The Law of Husbands Forcing Wife Abortion Ulama Perspective
There are many traditions, books and arguments that explain the
importance of wives to obey their husbands, but what if the husband forces the
wife to have an abortion? Given that abortion is something that is prohibited in
the state and religion for various reasons, does a wife have to obey him too? In
Islam, there are wife's rights that must be fulfilled by a husband. The rights are
material rights (dowry, nafkas, etc.) and non-material rights (sexual satisfaction,
security, etc.). The following verses explain the wife's non-material rights found
in the Quran Surah An-Nisa: 19,
ْ َ َّ َّ ُ ْ ُ ُ ْ َ ٰ َ ْ َ ْ َ َّ ُ ْ ُ ُ ْ َ َ َ ً ْ َ َ َ ُ َ َْ ْ ُ َ َ َ ْ ُ َ ٰ َ ْ َّ َ َ ٰٓ
َ ‫ن ِالاَ ا‬
‫ن‬ َ ‫ض ما اتيتموه‬ َ ِ ‫ن ِلتذه ُب ْوا ِب َبع‬ َ ‫النسا َۤء كرهاََ ولا تعضلوه‬ ِ ‫وا‬ ‫ث‬ ‫ر‬
ِ ‫ت‬ َ
‫ن‬ ‫ا‬ َ
‫م‬ ‫ك‬ ‫ل‬ ‫ل‬
َ ‫ح‬‫ي‬ِ ‫ن امنوا لا‬ َ ‫يايها ال ِذي‬
ْ ُ ٰ َ َ ْ َ َّ ْ َ ْ ُ َ ْ َ ْ َ ٰٓ َ َ َّ ُ ْ ُ ُ ْ َ ْ َ ْ ُ ْ َ
ْ َّ ُ
ْ ُ َ َ َ َ َ َ َ ْ ْ َّ
‫اّلل ِفي َِه‬
َ ‫ل‬ ًٔ
َ ‫ن تكرهوا شيـا ويجع‬ َ ‫ن فعس َى ا‬ َ ‫ن ك ِرهتموه‬ َ ‫فَۚ ف ِا‬
َ ِ ‫ن ِبالمعرو‬ َ ‫اشروه‬ ِ ‫احشةَ مب ِينةََۚ وع‬ ِ ‫ن ِبف‬ َ ‫يأ ِتي‬
َ َ
١٩ ‫خ ْي ًرا ك ِث ْي ًرا‬
“You who have believed, it is not lawful for you to inherit women by
force). Do not trouble them in order to take back some of what you have given
them, unless they have committed a manifestly heinous act. Deal with them in
an appropriate manner. If you do not like them, (be patient) for it may be that
you dislike something, but Allah has made much good in it." (Kemenag, n.d.-c)
Furthermore, there is another message in the Quran that explains
marriage is a bond based on reciprocity between men and women. Allah swt
says Quran Surat. At-Taubah: 71,
ْ
َ ٰ َّ َ ْ ُ ْ ُ َ َ ْ ُ ْ َ َ ْ َ ََْ ْ ْ َ ْ ُ ُ َ ْ َ ُ ْ ُ ٰ ْ ُْ َ َ ُْ ْ ُْ َ
َ ‫ن الصل‬
‫وة‬ َ ‫ر وي ِقيمو‬ َِ ‫ن المنك‬ َِ ‫ن ع‬ َ ‫ف وينهو‬ َ ‫ت َبعض ُه َْم ا ْوِل َيا َُۤء َبعضَ يأمرو‬
َ ِ ‫ن ِبال َمَع ُر ْو‬ َ ‫ن والمؤ ِمن‬ َ ‫والمؤ ِمنو‬
َ َ َ ٰ َّ ُ ٰ ُ ُ ُ َ ْ َ َ َ ٰۤ ُ َ ْ ُ َ َ َ ٰ َ ْ ُ ْ ُ َ َ ٰ َّ َ ْ ُ ْ ُ َ
٧١ َ‫زْزَ ح ِك ْيم‬ ‫اّلل ع ِ ي‬
َ ‫ن‬ َ ‫ك سيرحمه َم اّللََ َِا‬ َ ‫اّلل ورسولهََاول ِٕى‬ َ ‫ن‬ َ ‫وة وي ِطيعو‬ َ ‫ن الزك‬ َ ‫ويؤتو‬
"The believers, men and women, some of them are helpers for others.
They enjoin the good and forbid the evil, establish prayer, pay the zakat, and

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obey Allah and His Messenger. They will be given mercy by Allah. Verily,
Allah is Mighty and Wise." (Kemenag, n.d.-e)
The verse emphasizes that there must be reciprocity between men and
women. The phrase "baʻḍuhum awliyā' baʻḍin" is the Quran's explicit statement
regarding the reciprocity between men and women. When one is the helper and
support, then the other is the lover and supporter of the other. In reality, this
reciprocity is often neglected by many married couples. One of the causes of
this inequality is the construction of patriarchal thinking. This patriarchal
system is a perspective that places men as rulers. This way of thinking is
commonplace and even inherent in everyone's mind. In fact, because
patriarchal thinking has become so commonplace, some religious fatwas have
been issued that are not immune to the errors of this way of thinking (Rohmah,
2022).
The ideal way of looking at marriage is found in the principles of
marriage in Islam according to Dr. Nur Rofiah, in her book entitled Nalar Kritis
Muslimah, namely: (1) Zawaj or pairing; both view that husband and wife in
marriage are partners not superiors or subordinates. (2) Mitsaqan Ghalidzan or a
firm promise; both believe that marriage is a firm promise between the couple
and Allah, it can be analogized if playing with marriage is the same as playing
with Allah. Quran Letter; An Nisa 20-21. (3) Mu'asyaroh bil ma'ruf or treating
your spouse well, both treat your spouse with dignity, including in matters of
reprosecution, Quran Surah An Nisa; 19. (4) Deliberation, solving household
problems or making decisions unilaterally, Quran Surah Al Baqarah; 233. (5)
Taradhin or mutual willingness, both believe that the pleasure of Allah on both
depends on the pleasure of their spouses, Quran Surah Al Baqarah; 233.
Referring to the two verses and the principles of marriage in Islam according to
Dr. Nur Rofiah, in the view of the author, the wife should have the right to
refuse the coercion of her husband who told her to have an abortion, because
the abortion order is an act of violence, especially done by force is clearly
something that is prohibited, but if she has already had an abortion due to
coercion and pressure, the following answers in Islamic law according to
classical and contemporary fiqh figures.
Imam Al Ghazali's Perspective
Imam al-Ghazali whose full name is Muhammad bin Ahmad al-Imamul
Jalil Abu Hamid al-Thusi al-Ghazali, he was born in Thusi in the Khurasan
region of Persia in 450 H / 1058 AD and died in 505 H. His father was a great
Sufism expert. Imam al-Ghazali was appointed mufti to assist the government
in solving various problems that arose in the community, also established
Madrasah Fiqh and dormitories (khanqah) to train students in Sufism. Imam
Ghazali made many works, such as books on tafsir, kalam science, ushul fiqh,
tasawuf and so on and many are used as references in educational institutions
in Indonesia (Siti Nur Rahmah, Anwar Hafidzi, 2021, p. 42).
Islamic law cannot be separated from maqashid shari'ah, in this case
Imam Ghazali has a conception in determining the law related to abortion
caused by coercion by the husband due to economic factors. maqashid shari'ah
can include goals that are universal and particular. The universal ones are
prioritizing maslahat and rejecting mafsadat, while the particular ones are like

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the goals contained in the law of zakat and so on. According to Imam Ghazali's
thought, the main purpose of establishing Islamic law is to realize the benefit of
mankind (Khatib, 2018, p. 47). Maslahat itself according to him is attracting
benefits and rejecting kemadharatan in order to maintain the goals of shara'
(Mudhofir Abdullah, 2011, p.45).
Imam Ghazali argues that taking the law using maslahat is a method
not a proposition or source of law (Sarif & Ahmad, 2018, p. 353). As a method,
maqashid shari'ah is intended to be an analysis knife or glasses to analyze
events that exist around society (Yudian Wahyudi, 2015, p. 45). Imam Ghazali
made maslahat as an argument that still depends on other arguments that are
more important such as the Qur'an, hadith and consensus (Sarif & Ahmad,
2018, p. 385). Maslahat means achieving benefits and rejecting mafsadat which
aims to maintain the purpose of syara' namely protecting religion (hifz al-din),
soul (hifz al-nafs), intellect (hifz al-'aql), offspring (hifz al-nasl) and property (hifz
al-mal). The purpose of shara' is solely to protect the worldly interests of
humans. As for what is contrary to the objectives of Shara' then it cannot be
called maslahat, but is called mafsadat (Fentiningrum, 2021, p. 74).
In the author's view, abortion based on coercion and economic reasons
is something that is not justified if using the conception of maqashid shari'ah,
Imam Ghazali because the economy is for worldly interests that have no
particular urgency to the impacts that will occur, as long as the human is
willing to try, has not Allah also promised and responsible for what he wants,
including pregnancy. As His word follows in the Quran Surah Ar-Rum: 40 and
Al-Isra: 31,
َ ٰ َ ْ ْ ُ ٰ ْ ُ َ ْ َّ ْ َّ ْ ُ َ َ ُ ْ ْ َ ْ ُ ْ ْ ُ َُّ ْ ُ ُ ْ ُ َُّ ْ ُ َ َ َ َُّ ْ ُ َ َ َ ْ َّ ُ ٰ َ
َ‫ن ش ْيءَ ُس ْبحنه‬َ ‫ن ذ ِلك َم ِم‬
َ ‫ل ِم‬
َ ‫ن ي فع‬ َ ‫ن شركاۤىِٕك َم م‬
َ ‫ل ِم‬
َ ‫ي خلقك َم ث َم رزقك َم ث َم ي ِميتك َم ث َم يح ِييك َم ه‬ َ ‫ّلل ال ِذ‬
َ ‫ا‬
َ ُ ْ ُ َّ َ ٰ ٰ َ
َ ‫َوتعلى عما يش ِرك ْو‬
٤٠ََࣖ‫ن‬
"It is Allah who created you, then gave you sustenance, then killed you,
then brought you back to life. Is there any among those whom you associate
(with Allah) who can do such things? Glorified and Exalted is He from what
they associate." (Kemenag, n.d.-d)
َ ْ َ َ ْ ُ َ ْ َ َّ ْ ُ َّ َ ْ ُ ُ ُ ْ َ ُ ْ َ َ َ ْ َ ُ َ َ َ ُُ َْ َ
٣١ ‫ان ِخط ًٔـا ك ِب ْي ًرا‬َ ‫ن قتله َم ك‬ َ ‫ن نرزقه َم واِ ياك َم ِا‬ َ َ‫َولا تقتل ْوا ا ْولادك َْم خش َي َة ِا ْملاق‬
َ ‫نح‬
"Do not kill your children for fear of poverty. It is we who provide for
them and for you. Indeed, killing them is a great sin." (Kemenag, n.d.-a).
Imam Ghazali said:
"Miscarrying a pregnancy is a crime against the baby in the womb.
There are several levels of miscarriage: firstly, the germ in the womb, which has
mixed with the woman's ovaries and is ready to live, is considered a crime.
Secondly, if the germ has become a clot of blood and then flesh, aborting it is a
greater crime. The third level is when the soul has been blown into it and it has
become a full-fledged baby; aborting it is an even greater crime" (Muhammad
Yusuf, 2008, p. 453).
According to Imam Ghazali that abortion is a criminal offense that is
absolutely forbidden, whether it has a spirit or not. In addition, in a life based
on the meeting of sperm cells mixed into the ovum that causes life, which if

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there is an abortion then it is a murder especially after a lump of blood and a
lump of flesh is certainly a very heinous act. when abortion occurs according to
him is on the same level as infanticide alive (Desy Khairani Siregar, 2015, p. 41).
From Imam Ghazali's opinion, abortion is likened to a contract or an agreement
that has been agreed upon, which includes ijab and qobul. Where the sperm of
a man is an ijab and the ovum is a qobul, so that when the two meet or mix, the
contract cannot be canceled and this analogy is a form of qiyas jalil. which in
fiqh law the culprit must be subject to punishment.
The punishment is divided into: (1) If it has formed a clot of blood
(alaqah) then the punishment is 1/3 of the perfect fine (ghurrah kamilah); (2) If it
is a clot of flesh (mudgah) the fine is 2/3; (3) If it has passed the period ofyawaan
the perpetrator is punished by paying the full fine (gurrah kamilah) (Siti Nur
Rahmah, Anwar Hafidzi, 2021, pp. 44–45).
Yusuf Qardawi's Perspective
Yusuf Qardhawi is a contemporary scholar, he was born in the village
of Safat Turab Arab Republic of Egypt on September 9, 1926 and died on
September 26, 2022. Yusuf Qardhawi began his formal education in primary
and secondary schools at Al-Azhar branch, he continued to study Arabic at
AlAzhar University, Cairo, then continued to study at the Research Institute for
Research on Arabic problems until 1960 and managed to get a diploma in
literature and language. At the same time he received a bachelor's degree
majoring in Tafsir hadith and majoring in Philosophy from Al Azhar, then in
1973 submitted a dissertation and succeeded in obtaining a Doctorate degree.
He and his friends founded the Ma'had ad-Din madrasa in Qatar, where he was
the dean of the Faculty of Shari'ah at the University (Desy Khairani Siregar,
2015, pp. 16–18).
In relation to abortion forced by the husband due to economic factors,
Yusuf Qardhawi uses a point of view that is equated with the aspect of
emergency, as he said:
"Among the conveniences that are highly recommended is recognizing
emergencies that arise in people's lives, both individual and social. The Shari'ah
of this religion has laid down specific rulings to deal with emergencies, which
allow us to do things that are normally forbidden in ordinary circumstances, in
matters of food, drink, clothing, covenants and mu'amalah. Moreover, our
Shari'ah has issued rulings in certain cases and at certain times that apply to
both the individual and the layperson that are similar to the rulings on
emergencies, in order to facilitate the ummah and to save them from hardship."
(Yusuf Al-Qardlawi, 1996, p. 195)
The emergency that has been agreed upon by all scholars, namely
emergency in the matter of food, because it is held back by hunger. Meanwhile,
the scholars gave the limit of the emergency as running for a day and a night,
while he could not find food except for the haraam items. At that time he may
eat only according to the urgency of the dlarurat and in order to guard against
danger (Yusuf Al-Qardlawi, 2011, p. 395). Meanwhile, according to Yusuf
Qardhawi, it is not a condition of emergency, just because a person does not
have food, and it is not even an emergency that allows a person to eat haraam
foods (Wijaya, n.d., p. 147). According to Imam Yusuf Qardhawi, his opinion in

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abortion he allows it, as for the reason for this permissibility he agrees with
Imam Hambali who states that abortion is allowed before creation, i.e., before
the fetus is 40 days old. Yusuf Qardhawi argues:
"It is permissible to have an abortion if the excuse is stronger, so the
rukhsoh is clearer, and if the abortion is done if the pregnancy is before 40 days."
In the author's view of the emergency initiated by Yusuf Qardhawi
related to abortion due to coercion of the husband caused by economic factors is
something that is included in the emergency and allowed as long as it is not
more than 40 days, because there are reasons for economic difficulties that will
have an impact on social life, the economy is closely related to poverty, while
poverty is one of the factors in the emergence of crimes such as human
trafficking, slavery, prostitution etc. Islam strictly prohibits these acts. Islam
strictly prohibits these acts. Yusuf Qardhawi's own goal of allowing the crime
of abortion is for the benefit of the people. As in the Quran Surah Al-Baqarah:
185,
َّ ُ ْ َ َ ْ َ َ َ ُْ ٰ ْ َ ٰ َّ ً ُ ُ ٰ ْ ُ ْ ْ َ ْ ُ ْ َّ َ َ َ َ ُ ْ َ
ََ ‫د ِمنك َُم الش ْه‬
‫ر‬ َ ‫ن ش َِه‬ َ ِ ‫ن ال ُهدى َوالف ْرق‬
َ ‫انۚ فم‬ َ ‫اس َو َب ِينتَ ِم‬
َ ِ ‫ن هدى ِللن‬ َ ‫ل ِفي َِه القرا‬
َ ‫ي ان ِز‬
َ ‫ان ال ِذ‬
َ ‫ر رمض‬ َ ‫شه‬
ُ ُ َ ُْْ ُ ُٰ ُْ ُ َ َ ُ َ ْ َّ َ َ ٰ َ َ ً َ َ ْ ََ ُ ْ ُ ََْ
‫د ِبك َُم‬
َ ‫اّلل ِبك َُم اليس ََر َولا ُي ِر ْي‬
َ ‫د‬ َ ‫ن اَّيامَ اخرََي ِري‬ َ ‫ان َم ِر ْيضا ا َْو على َسفرَ ف ِعدةَ ِم‬ َ ‫ن ك‬ َ ‫فليصمهََوم‬
َ ُ ْ َ ُ َّ َ َ ُ ٰ َ ٰ َ َٰ َ ُ َ َّ ْ ُ ْ ُ ْ
َ َ‫ال ُع ْس ََر‬
١٨٥ ‫ن‬َ ‫اّلل على َما هدىك َْم َولعَلك َْم تشك ُر ْو‬
َ ‫ۖولِ تك ِملوا ال ِعد َة َولِ تك ِب ُروا‬
"The month of Ramadan is the month in which the Qur'an is revealed as
a guidance for mankind and an explanation of that guidance and a distinction
(between right and wrong). Therefore, whoever of you is present (at his place of
residence or is not a traveller) during that month, fast. But whoever is sick or
traveling (and does not fast), then (he must make up) as many days as he
missed on other days. Allah wants ease for you and does not want hardship.
And you should complete the number and glorify Allah for His guidance given
to you, that you may be grateful." (Kemenag, n.d.-b).
From the above verse, it can be learned that in making the law of Allah,
it should not be burdensome for humans, but prioritizes the benefit and all
efforts to realize the benefit but in accordance with the Sharia and the
maintenance of illat and maqasid from the law, which is about adjusting to the
situation and conditions, times and customs. Fiqh Yususf Al-Qardhawi is a
moderate that adheres to ethics, the salafus pious and provide convenience so
as not to burden and complicate (Desy Khairani Siregar, 2015, p. 6).
In determining the legal permissibility of husbands asking their wives
for abortion for economic reasons, the author analyzes that there are differences
of opinion between Imam Al-Ghazali and Yusuf Qardhawi. Judging from the
Quran Surah Al-Isra' verse 31 shows that Allah SWT is very compassionate to
His servants, more than the love of parents for their children, because He has
forbidden mankind to kill their children. As well as Allah mandates parents to
their children in the distribution of inheritance (Abdullah, 2003, p. 160). In the
past, the people of Jahiliyah did not give inheritance to daughters. There was
even one of them who killed his daughter in order not to increase his burden.
Then Allah SWT forbade this act, saying:

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 َ َ ْ َ ُ َ َ َ ُُ َْ َ
‫َولا تقتل ْوْٓا ا ْولادك ْم خش َية ِا ْملاق‬
"And do not kill your children for fear of poverty."
That is, because you are afraid of becoming poor in the second situation.
Hence, He emphasized concern for their sustenance, where He said:
ُ ُُ َ َْ
‫نح ُن ن ْرزق ُه ْم َواَِّياك ْم‬
"It is We who provide for them and for you."
And in Quran Surah Al-An'am 151, Allah says:
َ
ُ َّ َ ْ ُ ُ ُ ْ َ ُ ْ َّ ََٰ ْ ْ ُ َ ََٰ ْ ۟ ُ ُ ْ َ َ َ
ْ‫اهم‬ ‫ولا تقتلوْٓا أولدكم ِمن ِإملقۖ نحن نرزقكم و ِإي‬
"And do not kill your children for fear of poverty. We will provide for
you and for them."
In Indonesia itself, there is a regulation that everyone is prohibited from
havingan abortion based on Article 75 paragraph 1 of Health Law No. 36/2009.
But then there are exceptions to the prohibition of abortion in Article 75
paragraph 2 of the Health Law which states that:
1. Indications of medical emergencies detected early in pregnancy, whether life-
threatening to the mother and/or fetus, suffering from severe genetic
diseases and/or congenital defects, or irreparable, making it difficult for the
baby to live outside the womb; or
2. Pregnancy resulting from rape which may cause psychological trauma to the
rape victim.

CONCLUSION
After discussing the law of abortion in Islam through the above article,
which is reviewed starting from the definition, types, and opinions of various
madzhab to the thoughts of famous scholars, then from that the author
concludes some opinions from classical fiqh figures (Imam Ghazali) and
contemporary (Yusuf Al Qardhawi) regarding the law of husbands forcing
wives to have abortions due to economic factors.
Based on the explanation in the Qur'an and the Health Law, there is
nothing that justifies the permissibility of abortion due to economic factors.
Therefore, the author concludes that abortion is prohibited according to Islamic
law because as the Word of Allah which states that Allah will guarantee the
sustenance of each of his servants and Allah hates murder. Then there are
exceptions as found in Health Law Article 75 paragraph 2 as described above,
and the action can only be done before the pregnancy is 6 (six) weeks calculated
from the first day of the last menstruation, except in the case of medical
emergencies described in Health Law Article 76 paragraph 1. This is the same
as the opinion of Yusuf Qardhawi who said that abortion can only be done
before the fetus is 40 days old.

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