THE LAW OF ABORTION AT LESS THAN 4 MONTHS OF PREGNANCY FROM THE PERSPECTIVE OF SHEIKH ZAKARIA AL-ANSHARI AND IMAM AL-GHAZALI

Abstract

This article aims to explore the law of aborting a foetus less than four months old. This difference arises because of differences in understanding the killing of a foetus that has not been blown into the womb of a woman. The research method used is qualitative research with an exploratory analysis approach, which examines how the law of abortion when the fetus is less than four months old by comparing the opinions of Sheikh Zakariya al-Anshari and Imam al-Ghazali. The data sources used are secondary data sources, namely Kitab al-Gharar al-Bahiyyah fi Syarh Manzhumah al-Bahjah al-Wardiyyah and by Sheikh Zakaria al-Anshari and Kitab Ihya' Ulumuddin by Imam al-Ghazali as well as books and articles based on OJS (Open Journal System) on the law of abortion of the womb in less than four months of age. Data processing techniques are done by processing library materials (library research). Techniques in analysing the data analysed by exploratory descriptive analysis using the techniques of reduction, display, and verification. The results of the research are; first, Ayeikh Zakariya allows abortion if the fetus in the womb is less than 4 months on the grounds that the spirit has not been blown and the fetus is not yet alive. While the opinion of Imam al-Ghazali is prohibiting abortion, because it is the same as killing intentionally. Second, the cause of the difference is that both of them use different arguments in strengthening their arguments, then there are differences in understanding the hadith narrated by Imam Bukhari and Muslim from Ibn Mas'ud then differences in using ijtihad methods. Third, the strongest opinion and rajih according to the author is the opinion of Imam al-Ghazali because humans can be more responsible for the consequences of their actions and appreciate and protect the entrustment of Allah SWT in the form of a foetus which will later become a baby who is still in a state of fitrah.