HUKUM MENGGUGURKAN JANIN SEBELUM DITIUPKAN RUH MENURUT IMAM AN-NAWAWI AD-DIMASYQI
Keywords:Law, Aborting the Fetus, An-Nawawi
The phenomenon of aborting the fetus has actually occurred repeatedly throughout history in mankind. Nowadays, abortion also often occurs among humans, especially those of us who are in Indonesia. We cannot avoid this phenomenon because there are many factors that cause a person to be forced to abort his fetus, such as endangering health, bad influence on the mother. Then the problem among the scholars is that when does the fetus have a soul, what the scholars agree on is that after 120 days the spirit is already in the fetus, but when did it start being debated among them, some say after 120 days and some say after 42 day which both have a strong foundation of theorem. The focus point of this research is to abort the fetus according to Imam An-Nawawi A-Dimasyqi where it was found that aborting the fetus before the spirit is blown is permissible, but Imam An-Nawawi has his own opinion about when the spirit is blown, namely at 42 days of gestation. This research includes library research, namely researching library materials or literature related to research problems by selecting, reading, studying and researching books or other written sources that are relevant to the research title contained in the library sources. , which can be used as a reference source for compiling a scientific report. The results of the research found by Imam An-Nawawi Ad-Dimasyqi allow abortion of the fetus before the youth period or before the blowing of the spirit, which Imam An-Nawawi believes that the blowing of the spirit occurs in a 42-day-old fetus.
Jamil, Kaidah-kaidah fikih, Medan, hlm: 24
An-Nawawi, Arba’in An-Nawawi, Penerbit: Pustaka nuun, hlm: 13
Marlina, L., (2020). Persepektf hukum islam dan hukum pidan terhadap pelaku aborsi, (Skripsi: UMSU, 2020).
Zed, M., (2008). Metode Penelitian Kepustakaan, Jakarta: Yayasan Obor Indonesia
Arfa, F., A., (2010). Metodologi Hukum Islam, Bandung: Citapustaka Media Perintis
Harahap, S., (2011). Metodologi Studi Tokoh Pemikiran Islam Cet I Jakarta: Prenada Media Group
An-Nawawi, I., (2009). Al-Majmu’ Syarah Al-Muhazdzab, Jakarta: Pustaka Azzam
An-Nawawi, I., (2015). Arba’in An-Nawawi, Tim Pustaka Nun Semarang
Siddieqy, H., (1967). Pengantar Ilmu Fiqih, Jakarta: Bulan Bintang
Yanggo, H., T., (1997). Pengantar Perbaningan Madzhab, Jakarta, Logos