Year:2022   Volume: 4   Issue: 4   Area: Religious sciences

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Abdel Qader Nouri FAZA

ABORTION IN ISLAMIC JURISPRUDENCE

Islamic Sharia has made the human soul one of the five necessities and legislated a lot of legislation and rulings for it to guarantee its right to life and a secure life with freedom and dignity. Assault on her by killing, beating, or otherwise, and among those attacks on oneself is abortion, which is what prompted the researcher to research and follow the sayings of the jurists on this issue. He found that abortion has many and varied causes, as well as many types, as the researcher explained in the research, such as spontaneous, repeated, warning and spontaneous abortions. It is confidential, and that the term “abortion” is not limited to the use of the word “abortion” by the jurists, but rather the use of the term “abortion” by the jurists is multiple. Some of them call it the word (abortion), And some of them call it the word (abortion), and some of them call it the word (absorption) and other words, as the researcher concluded that there is no disagreement among the jurists that aborting the fetus after the stability represented by four months, which is the period of soul breathing is forbidden, is not permissible except for necessity. For the ruling on abortion before the soul is breathed in, the researcher came across several sayings: The Hanafis permitted aborting the fetus as long as nothing was created of it, which is the period beyond one hundred and twenty days of pregnancy, and this abortion is makrooh without an excuse. As for the majority of Malikis, they said that abortion is absolutely not permissible and it is not permissible to touch semen after it has been caught in the womb, and some of them consider it makrooh before forty. Some of the Shafi’is went to the same view as the Hanafi jurists, and some of them said that it is absolutely forbidden. The majority of Hanbalis went to the permissibility of miscarriage as long as the pregnancy is sperm, that is, before forty days.

Keywords: Abortion, Islamic Jurisprudence, Killing Oneself, Sayings of Scholars.

http: //dx.doi.org/10.47832/2757-5403.15.22


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