Not Laila Majnun
Juristic

The scholars differ in looking at the issue of abortion or aborting the womb. Some are absolutely forbidden, some allow with limits and reasons, some are just imposing.

However, no one allows absolutely. The difference was motivated by their differences in viewing the status of the womb in each phase of fetal growth, starting from post-fertilization, the phase ‘alaqah (fetus which is still in the form of thick blood), and, mudhghah (fetus which is still thick meat), and the fetus that has been alive.

In looking at the problem of ‘alaqah, for example, the jumhur fuqaha of Hanafi, S-yafi, and Hanbali schools, view it not as content. So women who miscarry from ‘alaqah are not considered puerperal.

Nor can a woman be sentenced to talak with tahliq give birth to ‘alaqah. And even pregnant iddah is not considered to end with the exit of ‘alaqah.

Maliki looked the opposite. So that the blood that comes out after ‘alaqah is considered puerperal blood. Talaq tails that are suspended at birth are also considered valid with the exit of ‘alaqah. And iddah pregnant was considered to end with the exit ‘alaqah. (See: Waqf Ministry Team, al-Mausu al-Fiqhiyah al-Kuwaitiyyah, 1420 H, volume 5, p. 285).

Departing from the above differences, Shaykh Zakariya al-Anshari of the S-mazhab is included in the allowing with restrictions, as stated in one of his books:

Aborting the womb, if the fetus has not been blown spirit (living), the law can be. While after the fetus is blown by the spirit, the law is haram. While the benchmark is blown spirit or has not been returned to the allegations. (See: al-Gharar al-Bahiyyah fi Syarh al-Bahjah al-Wardiyyah, volume 5, p. 331).

The limit is that the fetus has been blown spirit or not. Then, the contemporary cleric who allows abortion with restrictions is Sayyid Sabiq (w. 1420H), author of Fiqhus Sunnah.

According to him, after settling ***** in the womb or fertilization, the results of fertilization should not be aborted if the age of the fetus is 120 days. The reason, because the act of aborting at that age includes the persecution of one being, thus endangering the punishment both in the world and in the hereafter.

While aborting the fetus or damaging the results of fertilization before the age of 120 days, the law is allowed with a note there are reasons that encourage it. However, if no cause is allowed, the law is justified. (See: Fiqhus Sunnah, [Beirut: Darul Kitab al-Arabi], 1977, volume 2, p. 195).

There are also opinions that allow with limits as well as reasons, as revealed in the Mausu al-Fiqh al-Islami. In it it is mentioned, it should not be legal to abort the content in any phase unless there is a justified reason syara’.

The limitations and reasons can be detailed as follows: If there is any benefit according to syara’ in aborting it, or aim to reject the danger that may occur, while the gestational age is less than the first 40 days, or aim to reject the danger that may occur, while the gestational age is less than the first 40 days, the law can.

Must not abort ‘alaqah (viscous blood) or mudhghah (viscous meat), unless a credible medical team states that the presence of ‘alaqah or mudhghah will threaten the life of his mother.

After the fetus enters the third phase, exactly four months or 120 days old, it should not be aborted unless a trusted medical team decides that letting the fetus grow will result in the death of its mother.

This is done in order to resist a greater danger. If the results of the medical examination decide that the presence of a severely deformed fetus and impossible to overcome, so that if left unborn his life will be deformed and suffer so that it will complicate his family, he said, and the gestational age is under four months, and the doctor's team also recommends to abort it, then the abortion can be done on the grounds of emergency. (Sheikh Muhammad ibn Ibrahim, Mausu of al-Fiqh al-Islami, [Beirut: Baitul Afkar ad-Dauliyyah], 2009, volume 5, p. 50).

While the opinion that prohibits absolute among others is the opinion of Imam al-Ghazali, even though he is a follower of the school Syafi.

Aborting the womb is a form of crime against existing maud (creatures). It's just the levels are different. That is, even if ***** just entered the uterus and mixed with the egg (fertilization), which is then ready to accept life, then damaging it is considered a crime.

Especially if it is in the form of ‘alaqah or mudhghah, then the crime is considered heavier. While aborting the womb where the fetus is alive and its creation is perfect, the crime is even more severe. (See: Sayid Sabiq, Fiqhus Sunnah, [Beirut: Darul Kitab al-‘Arabi], 1977, Volume 2, p. 195).

And do not slay your children for fear of poverty, We will provide for you and for them, and do not approach evil deeds, both visible and hidden, and do not slay the soul which Allah has forbidden (killed) but with something (for) that is true (QS. Al-Anger [6]: 151).

And do not kill your children for fear of poverty. It is We who will provide for them and for you. Killing them is a great sin (QS. Al-Isra’ [17]: 31).

Therefore, it can be concluded that there is no opinion that allows absolute abortion. Although there are opinions that imply or allow, also followed by limits, reasons, and credible expert judgment.

In fact, if referring to the two verses above, the reason for fear of being poor or unable to finance is also not the justifier of the action. Especially if it is done to cover up the disgrace. Wallahu ‘alam

Laila bit her lip after listening to the long explanation of Mia's sister.

"So in this case you should follow the instructions of the doctor because it's for your good will also be a fetus in your stomach. Is that right, bah?" Sister Mia who was in the living room asked her husband who was sitting at the dinner table with Lukman and Niam their second son.

"Yes..." Reply Bang Alif with his soothing voice.

Laila looked at her husband who was also staring at her from a distance of several meters. It is very desirable that she ran in the arms of her husband if there is no Alif bang there. Want to feel spoiled and crying spilling all the wrinkles on his chest.

"Later to call Rina maybe the doctor can come here so you don't need a hero. The sooner the better it seems" said Brother Mia who understood the sadness that Laila felt.

Although she has never miscarried, but she is among the class of women who have to wait long enough to get a baby. Unlike Laila who seems to be very easy to get pregnant but also often miscarry.

Laila turned to her husband again and Lukman, who was in a wheelchair, nodded his head in agreement with Mia's words.

"Yes you're resting now! Here are some photos and concepts from the Light Wedding Organizer. You'll see tomorrow. We will discuss it again!" Mia's sister patted Laila on the shoulder and then moved closer to her husband who was sitting at the dinner table.

"Sampe fell asleep my beautiful handsome son...." Murmured kak Mia intends to take Ni'am from the sling bang Alif.

"Let me be just like me..." Bang Alif replied as he got up from his seat.

Brother Mia smiled as she walked towards the living room. There the children are listening to the story of Dirman akung while spoiling on Uti Jannah. Especially Maryam and Labib.

Follow listening to their father's story for a while and say goodbye to home because Maryam had evaporated many times with eyes that light only a few watts.