{"title":"从伊斯兰法律的角度来看，堕胎是有缺陷的","authors":"F. Zein","doi":"10.14421/al-mazaahib.v5i2.1421","DOIUrl":null,"url":null,"abstract":"Abortion has generally been considered cruel, inhumane, and contrary to religious law and doctrine. However, the law of abortion in particular needs to be studied in more depth, as there are various causes, not only one form, that underlie it.This paper examines how abortion is done due to indications of fetal defects according to Islamic law. This research is a type of normative legal research that is prescriptive, because this research is a scientific research to find the truth based on scientific logic from the side of law, using the approach of fiqh. The types of legal materials that the author uses are primary and secondary legal materials. The primary legal materials include the Qur'an, al-Hadith, and the fiqh books, while the secondary legal materials used are the literature that is in accordance with the object of study including Law no. 36 Year 2009 on Health. Data analysis technique is used with deductive logic. Based on the study findings, the conclusions are, first, the law of abortion is haram though in various levels in accordance with the development of fetal life. Second, Medical advancement has now been able to detect fetal damage before the age of four months. It is not considered accurate if the doctor makes the assumption that after birth the baby will experience a blemish such as blindness, deafness, or mute and that those defects are considered a cause that permits abortion. Such defects are actually disabilities that have been known in the wider community throughout human life and carried by many people. Third, nevertheless, in the first 40 days, and before the age of the fetus reaching 120 days in the womb, the fetus is in the phase of a clot of flesh and blood. If a trusted doctor determines that the fetus has a malformed disability and it cannot be cured, and if left alive, the future conditions will become a problem for him and for his family. In this condition, abortion may be permitted, according to the parents’ request.Kata kunci: aborsi, janin cacat, Hukum Islam","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"ABORSI JANIN CACAT DALAM PERSPEKTIF HUKUM ISLAM\",\"authors\":\"F. Zein\",\"doi\":\"10.14421/al-mazaahib.v5i2.1421\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abortion has generally been considered cruel, inhumane, and contrary to religious law and doctrine. However, the law of abortion in particular needs to be studied in more depth, as there are various causes, not only one form, that underlie it.This paper examines how abortion is done due to indications of fetal defects according to Islamic law. This research is a type of normative legal research that is prescriptive, because this research is a scientific research to find the truth based on scientific logic from the side of law, using the approach of fiqh. The types of legal materials that the author uses are primary and secondary legal materials. The primary legal materials include the Qur'an, al-Hadith, and the fiqh books, while the secondary legal materials used are the literature that is in accordance with the object of study including Law no. 36 Year 2009 on Health. Data analysis technique is used with deductive logic. Based on the study findings, the conclusions are, first, the law of abortion is haram though in various levels in accordance with the development of fetal life. Second, Medical advancement has now been able to detect fetal damage before the age of four months. It is not considered accurate if the doctor makes the assumption that after birth the baby will experience a blemish such as blindness, deafness, or mute and that those defects are considered a cause that permits abortion. Such defects are actually disabilities that have been known in the wider community throughout human life and carried by many people. Third, nevertheless, in the first 40 days, and before the age of the fetus reaching 120 days in the womb, the fetus is in the phase of a clot of flesh and blood. If a trusted doctor determines that the fetus has a malformed disability and it cannot be cured, and if left alive, the future conditions will become a problem for him and for his family. 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引用次数: 0
摘要
堕胎通常被认为是残忍的，不人道的，违反宗教法律和教义。但是，堕胎法尤其需要更深入地研究，因为有各种各样的原因，而不仅仅是一种形式。本文探讨了根据伊斯兰法律胎儿缺陷的迹象是如何堕胎的。本研究是一种具有规定性的规范性法律研究，因为本研究是以科学逻辑为基础，从法律的角度出发，运用律法的方法寻找真理的科学研究。作者使用的法律资料类型分为一级法律资料和二级法律资料。主要的法律材料包括《古兰经》、圣训和伊斯兰教经，而次要的法律材料是与研究对象相一致的文献，包括第11号法律。36 . 2009年:卫生问题。数据分析技术与演绎逻辑相结合。根据研究结果，得出结论:第一，堕胎法是非法的，但根据胎儿生命的发育程度有不同程度的堕胎。其次，医学的进步现在已经能够在四个月前检测出胎儿的损伤。如果医生假设婴儿出生后会出现失明、耳聋或哑巴等缺陷，而这些缺陷被认为是允许堕胎的原因，那么这是不准确的。这些缺陷实际上是在整个人类生活的更广泛的社区中已知的残疾，并且被许多人携带。第三，尽管如此，在最初的40天内，胎儿在子宫内的年龄达到120天之前，胎儿处于血块阶段。如果一个值得信赖的医生确定胎儿有畸形残疾，无法治愈，如果活着，未来的状况将成为他和他的家人的问题。在这种情况下，可根据父母的要求允许堕胎。Kata kunci: aborsi, janin cat, Hukum Islam
Abortion has generally been considered cruel, inhumane, and contrary to religious law and doctrine. However, the law of abortion in particular needs to be studied in more depth, as there are various causes, not only one form, that underlie it.This paper examines how abortion is done due to indications of fetal defects according to Islamic law. This research is a type of normative legal research that is prescriptive, because this research is a scientific research to find the truth based on scientific logic from the side of law, using the approach of fiqh. The types of legal materials that the author uses are primary and secondary legal materials. The primary legal materials include the Qur'an, al-Hadith, and the fiqh books, while the secondary legal materials used are the literature that is in accordance with the object of study including Law no. 36 Year 2009 on Health. Data analysis technique is used with deductive logic. Based on the study findings, the conclusions are, first, the law of abortion is haram though in various levels in accordance with the development of fetal life. Second, Medical advancement has now been able to detect fetal damage before the age of four months. It is not considered accurate if the doctor makes the assumption that after birth the baby will experience a blemish such as blindness, deafness, or mute and that those defects are considered a cause that permits abortion. Such defects are actually disabilities that have been known in the wider community throughout human life and carried by many people. Third, nevertheless, in the first 40 days, and before the age of the fetus reaching 120 days in the womb, the fetus is in the phase of a clot of flesh and blood. If a trusted doctor determines that the fetus has a malformed disability and it cannot be cured, and if left alive, the future conditions will become a problem for him and for his family. In this condition, abortion may be permitted, according to the parents’ request.Kata kunci: aborsi, janin cacat, Hukum Islam
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