FACULTY OF SOCIAL SCIENCES (FSS)

QADHAYA MU’ASARAH (DSI3231)



ABORTION OF A PREGNANT WOMAN BY RAPE



PREPARED FOR MISS NUR MUNIRA BINTI ROSLAN



PREPARED BY NUR FARAHIN BINTI SAIFUDDIN (DSI201024)

NUR BALQIS BINTI HASARUZIN SHAH (DSI201018)



SEMESTER 1 SESSION 2022/2023

NUR FARAHIN BINTI SAIFUDDIN DSI201024

NUR BALQIS BINTI HASARUZIN SHAH DSI201018

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NO. 1

TITLE Introduction

PAGES 4

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Definition of rape

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Rape sentence

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Coercion

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Miscarriage definition

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Abortion ruling

11-19

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Aborted pregnancy by incest

Pregnancy from a consensual incest Abortion of pregnancy caused by raped

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Fear of deformation of the fetus

28-31

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Ruling on abortion for a deformed fetus

31-34

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Conclusion

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35-37

Abortion is one of the fruits of the call to reduce the population and increase human growth. This call existed in the past in the late eighteenth century. The first to call for this idea, which is the idea of ​reducing the population and human growth, was the English Christian priest Malthus, and the reason for his idea was his claim that the large number of people Population poses a threat to human resources, as the population is increasing in a geometrical sequence: two, four, eight, sixteen, thirty-two,...etc. As for the earth's resources, it increases in an arithmetic way: two, three, four.... This call gained popularity, and this call spread in America, and at the beginning of its spread it met with strong opposition from society and the state, and then in 1942 AD, the Union for Planned Parenthood was formed in America, which calls for the use of contraceptives, including abortion, as an end to human sleep.



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Rape and forced sexual intercourse (Ibn Manzur, 1968 AD: 1: 648). But if a man had intercourse with his wife, even if it was forced, there was no assault or injustice to her, since intercourse was a right for him and she was not allowed to refrain from it except for a legitimate reason, as he singled out forced rape on forbidden intercourse. Accordingly, rape is coercion into adultery and sodomy. And fornication is every sexual intercourse that occurred without a valid marriage, or suspicion of marriage, or an oath-taking (Al-Ramli, 1938: 7: 2. 4)

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‫‪Rape is forced adultery. And fornication is‬‬ ‫‪forbidden from the apparent taboo necessarily‬‬ ‫‪known. Allah says :‬‬ ‫ ‬

‫{َو اَّلِذيَن ال َيْدُعوَن َم َع ِهَّللا ِإَلًه ا آَخَر َو ال َيْق ُتُلوَن الَّنْف َس‬ ‫اَّلِتي َحَّرَم ُهَّللا ِإال ِباْلَحِّق َو ال َيْز ُنوَن َو َم ْن َيْف َع ْل َذ ِلَك َيْلَق‬ ‫َأَثاًم ا (‪ُ )٦٨‬يَض اَع ْف َلُه اْلَع َذ اُب َيْو َم اْلِق َي اَم ِة َو َيْخُلْد ِفيِه‬ ‫ُم َه اًنا (‪ِ )٦٩‬إال َم ْن َتاَب َو آَم َن َو َع ِم َل َع َم ال َص اِلًحا َف ُأوَلِئَك‬ ‫ُيَبِّدُل ُهَّللا َس ِّيَئاِتِه ْم َحَس َناٍت َو َك اَن ُهَّللا َغ ُف وًرا َرِح يًم ا (‪})٧٠‬‬ ‫)‪(Al-Furqan: 68-70‬‬

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Rape is compulsion to commit adultery, which is more forbidden than mere fornication.

As for the compulsion, there is no sin upon him. The Almighty said :

}...ۗ ‫{َو َق ْد َف َّص َل َلُكْم َم ا َحَّرَم َع َلْي ُكْم ِإاَّل َم ا اْض ُط ِرْر ُتْم ِإَلْي ِه‬

(Al-An'am: 119)

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There is no dispute that forcing a woman to commit adultery, if it is forced compulsion, is not blamed, as if the woman lay down and committed adultery against her by force. Because, in the case of what was mentioned, it is not costly and has no will (Al-Ghazali, 1322 AH: 1:91).

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Some scholars mentioned conditions for compulsion, including:

1. To be coercion who is able with authority or overpowered. 2. That he is most likely to come down with the threat of it, and the inability to pay it and run away from it. 3. To be something that harms him (AlSherbiny, n.d.: 3: 289).

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Miscarriage is called the termination of a pregnancy with incomplete character or incomplete term (Ibn Manzur, 1968 AD: 7: 131) and the use of the word miscarriage by the jurists does not depart from this meaning. It may be expressed by dropping, throwing, subtraction, and stillness, all of which are synonyms. miscarriage is spontaneous, spontaneous, without external instigation, and it may be intentional by an active act. The motives for miscarriage are different, including the safety of the mother and the prevention of danger from her, and the concealment of the crime of adultery. Official statistics state that the number of illegal miscarriage annually exceeds seventy million in developing countries only, according to the statistics of the World Health Organization (WHO). More than two million women die as a result of miscarriage annually, because it is often carried out by primitive methods or at the hands of unqualified persons (Kanaan, 1420 AH: 43).

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Abortion is not free, either before the soul has been breathed in or after the soul has been breathed in, and the soul is breathed in after the lapse of one hundred and twenty days.

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Before the soul is breathed, the opinions of scholars

The fuqaha’ differed regarding the ruling on abortion before the soul is breathed in, according to the following sayings :

First saying It is absolutely wrong, and some of the Hanafis (33 Ibn Abidin, 1272 AH 6:591) said it, and some of the Shafi’is (AlRamli, 1938 AD: 8: 416) and the Hanbalis (Ibn Muflah, 1985 AD: 6: 191) said it only before the forty days.

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Second saying Permissibility if the abortion is for an excuse, which is the Hanafi school of thought (Ibn Abidin, 1272 AD: 2: 380).

The third saying It is disliked and is a view of the Hanafis (Ibn Abidin, 1272 AD: 2: 380), the Malikis (AlDesouqi, n.d.: 2: 266) and the Shafi’is (AlRamli, 1938 AD: 8: 416).

Fourth saying The prohibition is the Maliki school of thought (Al-Desouki, n.d.: 2: 266), the Shafi’i views (Al-Ramli, 1938 CE: 8: 416) and the Hanbali school of thought (Ibn Muflih, 1985 CE: 6: 191). 13

When considering the opinions of the fuqaha’ regarding the ruling on abortion before the soul is breathed in, the following becomes clear to us :

1. Abortion before the soul is breathed in and the completion of the first four months of the fetus’s life differs in its ruling. 2. Abortion at this stage is not considered killing a human being.









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3. Some of those who were prevented from abortion viewed the destruction of game eggs in the Haram (Ibn Abidin, 1272 AD: 2: 380) (It is felt that the noticeable prohibition in their view is that abortion destroys and spoils other than that which is harmful, which is included in the prohibition), and some of the reasons for the prohibition are that the sperm, after its stability, became ready. To breathe the soul (Al-Ramli, 1938 AD: 8: 416).

4. The fetus has sanctity since its conception, as evidenced by the fact that the Shari’a came to delay the implementation of the hadd punishment for the pregnant woman until she gives birth, in order to protect it.

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After blowing the rouh

Los juristas coincidieron en la prohibición de abortar el feto después de cuatro meses de su formación en el vientre de su madre, donde se le insufla el alma y así se convierte en alma humana, y su aborto es matar sin discusión. Es igual entre los juristas si la supervivencia del feto es peligrosa para la madre o no (Al-Ramli, 1938 AD: 8: 416). Eso es porque matar a un alma respetada no está permitido en ningún caso. El Todopoderoso dijo :

}... ‫{َو اَل َتْق ُتُلوا الَّنْف َس اَّلِت ْي َحَّرَم ُهّٰللا ِااَّل ِباْلَحِّۗق‬ )Al-Isra: 33(



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It is not permissible to sacrifice an infallible soul to save another soul, just as it is not permissible for a person who has been afflicted by a heart attack to kill a human being and eat it in order to save himself from perdition, since one of the two souls is not more deserving of life than the other (Ibn al-Arabi, n.d.: 4: 1623). But the committee chose for the jurisprudence encyclopedia issued by the Ministry of Awqaf in Kuwait that it is permissible to abort the fetus even if the soul is breathed into it if that is the only way to save its mother from certain death. And her life is steadfast with certainty” (C 2:275).

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With this choice, the Council of Senior Scholars issued a fatwa in its resolution No. 140 on 6/20/1407 AH, which included: After completing four months of pregnancy, it is not permissible to abort it until a group of trusted specialists decide that if the fetus remains in its mother’s womb, it will cause her death, after exhausting all means to save its life.

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The cases in which it is agreed that an abortion is required are the most important: 1. Relax the heart 2. Renal failure 3. Respiratory insufficiency 4. Hypertension simultaneous with impaired cardiac and renal function 5. Breast cancer, salivary glands, etc. (Al-Sahi, 199AD: 75)

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ABORTED PREGNANCY BY INCEST

The earlier jurists,may god have mercy on them,did not discuss this issue in its regard,and perphaps that is beacuse they did not differentiate between pregnancy from incest and others.And the pregnancy is not free of incest, either by consent of both parties or as a result of rape

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PREGNANCY FROM A CONSENSUAL INCEST Some of the later people have held that it is permissible to abort the pregnancy before soul is breathed in if it result from fornication,whether the adultery wan consensual or not .It is a saying that the sandy lamb was from the Shafi'is (1938 AD: 8:416) Some researchers prevented this , citing the strory of Al-Ghamdiyahn when she came to the prophet,may god blessed him and grant him peace . She confessesd to adultery and imformed him of her pregnancy , He said

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'"‫"إما ال فاذهبي حتى تلدي‬ ‫ باب من اعترف عىل‬،‫ کتاب الحدود‬،‫مسلم‬ ٣٢.٨:‫ حديث رقم‬،‫نفسه بالزني‬ The reason for the inference is that the prophet,peace and blessings be upon him, delayed establishing the hadd punishment . It is obligatory for the women and his upbringing of the fetus is obligatory in order to preserve the life of the fetus , although his mother has fallen into forbidden adultery.

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The most correct opinion what is more likely to me and the knowledge of god is that it is permissible to abort a pregnancy in the first phase for forty days and its prohibition after that. If it appears that a state of pregnancy before the woman passes through is accustosmed to immorality and corruption ,as for the one who is used to it , then it is that she is not one of those who are forbidden , in accordance with the rule of treatment with the opposite of intent and it is absolutely said that to block the pretext of corruption . And God knows best .

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Abortion of pregnancy caused by rape Rape is forced adultery, which has spread in some societies frighteningly.In a study conducted in german, it was found that one out of every seven women was raped,and in the united state it was found that (25%) of girl were raped (kanaan,1420 AH : 526) Aborting a pregnancy resulting from rape is not reported by the earlier or later jurist . regarding the references i have come across . As for the contemporaries , their conspiracy theories converge on the permissibility of aborting this pregnancy before the

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soul has been breathed into it , In the fatwa of the grand mufti of egypt .Issued on 06/26/1419 AH as follow ; as result of womb there is no legal objection to the emptying of a female's kidnapping and coercion to have intercourse , provided that it not passed .







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This pregnancy is one hundred and twenty days, because in this case it is not permissible to abort the fetus because it has become a soul with soul that must be preserved on her . This view is evidenced by the fact that aborting a pregnancy before the soul is breathed into it is not killing , but rather it is a destruction of what could be human. we found that some of the jurist permitted abortion for an excuse , such as if the mother's milk had been cut off and the boy's gather had nothing to hire the neuter with and feared his death ( Ibn Abidin , 1272 : 2 : 380 )

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Also, the effect of incestuous pregnancy on the mother may be great and she may not bear her psychologucally, and it opens the door to bad sayings on her not to differentiate between ciercion and consent in adultery, although she has no guilt and no hand in the crime, and the effects of thid can be mitigated without harming anyone and its decision. Islam law state that the harm is removed, and the greater harm is removed by the lesser harm . All of this strenghthens the view that it is permissible to abort a pregnacy resulting from rape before the soul is breathed in , but after it , it remains on

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the principle that it is not permissible to abort it unless it in its survival that it poses a danger to the life of its mother , and god knows best . Abortion for fear of deformation of the fetus . doctor , the fetus is an expectation that the fetus will have birth published defects. He memtioned that the abnormsalities that the occur by to fetuses are of three types ; 1. Abnormalities thst occur to fetuses in the first two weeks of pregnancy .If the fetuses in these two weeks

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of pregnancy. If the fetuses in these two weeks are exposed to external influence factor , then most likely they are damaged and also most likely that the wombs shed those fetuses that have this defect. A natural process carried out by the uterus in aborting defective embryos. We mentioned that doctors say that between seventy to ninety percent (70%-90%) of the fetuses that are aborted by natural abortion are distorted .

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2. Abnormalities that occur between the third to eighth week. This stage is one of the most accurate stages with regard to the occurrence of fetal malformations. The fetus at this stage is affected by external factors and recedes from its path and emerges distorted. Doctors have mentioned that the factors that affect the fetus in this second stage are many, including: genetic factors, taking medications, chemical compounds and exposure to radiation...etc. It is necessary for the fetus to beware of the factors that lead to its defect in this stage, as it is affected in this stage, but in the previous stage,if it is affected, it will fall by the permission of God Almighty in most cases

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3. The deformities that occur after the second stage, and the doctors say: the fetus is often not affected by the deformities at this stage, and even if it is affected, it is be slight .

Ruling on abortion for a deformed fetus The legal ruling on a deformed fetus can be summed up in three points: 1. Preventing these deformities by taking precautions for fetuses, so the mother takes care and the father takes precautions to protect against external influences that may affect the fetus, and we have mentioned some of them and Sharia has come a J on me bitter Basically: blocking excuses

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2. Treatment of these abnormalities. If it is possible to treat the fetus while it is in its mother’s womb - if the doctors verify the presence of these abnormalities then this is the case It is not permissible to water homework . 3. bortion: Is it possible or not if doctors are unable to do so? that held in Who treats these abnormalities? What has been said before? Seniors home These distortions are divided by jurists at the present time into two types:

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Deformations that arrive before the soul is breathed in. Meaning: It is discovered that this fetus has congenital defects before the soul is breathed in. Most of the contemporaries allow the abortion of the fetus at this stage on the basis of the following rule: Committing the lesser of two evils, for abortion is harmful and its exit is defective Congenitally harm to him and his parents . Discovering defects and congenital malformations after the soul is breathed. This is not permissible to abort him.

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For the foregoing evidence of the prohibition of killing a soul, because after the soul was breathed in, it became an infallible soul, and it is not permissible to commit suicide and violate its sanctity. But it has been presented to us that most of the contemporaries allow aborting the fetus after the soul has been breathed in if its survival would cause real harm to its mother, and accordingly if the fetus is congenitally deformed and sick and its disease will lead to harm to the mother. (Kanaan, 1420: 45)

CONCLUSION

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It is not permissible to abort the sperm for the purpose of getting rid of the pregnancy, or for fear of spending on the child, raising him, or reducing the number of children, and so on. The research symposium held in Kuwait in 1403 AH concluded that it is not permissible to abort the sperm; For the above mentioned evidence, except in the case of extreme necessity. The same applies to the fatwa of the Council of Senior Scholars in the Kingdom of Saudi Arabia in 1407 AH: that the semen may not be aborted unless it is feared for the safety of the mother. In cases of abortion, if it is not necessary for a legal reason, it is not permissible in all its three stages, neither in the stage of the sperm, nor in the stage after forty, the stage of the leech and the embryo, nor in the stage after the soul is breathed in. If the survival of the fetus poses a threat to the life of the mother

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For example, if the mother is sick with a disease, and the survival of this fetus poses a threat to her life by increasing this disease, such as if she is sick with heart or kidney disease, or she has malignant diseases such as breast cancer, cervical cancer or blood diseases..etc. The important thing is that the survival of the fetus is dangerous. for the safety of the mother. Aborting the fetus is harmful, and the death of the mother is harmful, so he commits the lesser of two evils . Aborting the fetus is easier than killing the mother. The basic principle with regard to abortion previously - is that it is forbidden, but for this rule, and the rule: necessities permit prohibitions, the later jurists permitted this and stipulated conditions for it, namely that there is a real disease that endangers the mother’s life and that this disease cannot be cured except by abortion and that a trustworthy physician decides that abortion is The only way to save the mother

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iF these conditions are met, it is directed to say that it is permissible to abort this fetus. It is imperative that these conditions be fulfilled, because doctors at the present time state that there is hardly a single disease that necessitates abortion. Mother’s diseases can be treated without abortion, because of the progress of medicine. For this reason, Dr. Muhammad Ali Al-Bar mentioned that there is only one disease that may cause a lack of abortion. A threat to the life of the mother, which is preeclampsia. As for other diseases, there is no need for abortion because due to the progress of medicine, it is possible to treat such diseases .

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