حكم إسقاط الجنين وأثره في الإرث دراسة مقارنة بين المذاهب الأربعة والقانون الإندونسي

ul Khaq, Dhia' and , Dr. Andri Nirwana and , Dr. Syamsul Hidayat, M.Ag. (2022) حكم إسقاط الجنين وأثره في الإرث دراسة مقارنة بين المذاهب الأربعة والقانون الإندونسي. Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Sharia came with an order to preserve the soul, so it is not permissible to shed it and not respect it, and it must be preserved, whether it is in the mother’s womb or outside it, but there is the process that some society has done, which is the abortion of the fetus, and the abortion of the fetus is the removal of the fetus from its mother’s womb for incomplete, and they resort to This process and they did not care about the effects of aborting the fetus, whether in its ruling, punishment, or inheritance, and the goal in writing this research is to highlight the effects of aborting the fetus from the point of view of Islamic law and from the point of view of the law in Indonesia, whether it is in his punishment or in his inheritance , by mentioning the points of agreement and differences between Islamic jurisprudence and Indonesian law, so that Islamic law is complementary to the law in the penalty of abolition and in its legacy, then this thesis approaches a qualitative research method, where the researcher focuses on studying the process using inductive and deductive comparative, then this research is of the type of desk research. Where the researcher resorts to reviewing the books of jurists and law in Indonesia, then the researcherWith a comparative study between jurisprudence on the four schools of thought and the law in Indonesia, in which the agreements and differences between jurisprudence on the four schools of thought and the law in Indonesia are mentioned on this issue, then it appears to the researcher matters in what agree and differ between Sharia and law, including: In terms of ruling: scholars and law agreed on The principle of aborting a fetus is forbidden, and the law and jurists agreed in the permissibility of aborting a fetus when there is a necessity, but they differed in the type of necessity. But if there is a medical necessity, then it is permissible at all stages, and this agrees with Sharia law in permitting aborting the fetus at a stage before the soul is breathed in, then it contradicts at a stage after the soul has been breathed in. According to Sharia, it is forbidden at this stage, because the soul has been breathed, then in terms of punishment:The law and the jurists agreed on the necessity of punishment for the one who aborted the fetus, but they differed in the nature of the penalty. According to the law, it is imprisonment, and according to Sharia, it is a slave or a slave-woman, and if he is unable to do so, then the value of it. Then in terms of inheritance: the abortion of the fetus is one of the obstacles to inheritance, and the law indicated that, so he agreed Sharia law that killing is depriving inheritance for the hadith (the killer has nothing of the inheritance).

Item Type:	Thesis (Thesis)
Uncontrolled Keywords:	Miscarriage, Islamic jurisprudence, Indonesian law.
Subjects:	B Philosophy (General) > BL Religion K Law
Divisions:	Fakultas Agama Islam > Hukum Ekonomi Syariah (HES)
Depositing User:	Unnamed user with username o200170010
Date Deposited:	18 May 2022 02:49
Last Modified:	24 Sep 2022 02:48
URI:	http://eprints.ums.ac.id/id/eprint/99355

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