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Family Planning and Abortion

By: Ustadzah Nur Hamidah, Lc., M.Ag.

Delivered at the Halaqoh Online Study on Tuesday for Female Expatriates, February 2, 2021.

Problem Family Planning (KB):

First, the presence or absence of children, even the sex of the child is the prerogative of Allah Almighty. As He said in Qs 42: 49-50:

لِّلَّهِ مُلْكُ ٱلسَّمَٰوَٰتِ وَٱلْأَرْضِ ۚ يَخْلُقُ مَا يَشَآءُ ۚ يَهَبُ لِمَن يَشَآءُ إِنَٰثًا وَيَهَبُ لِمَن يَشَآءُ إِنَٰثًا وَيَهَبُ لِمَن

اَوۡ یُزَوِّجُہُمۡ ذُکۡرَانًا وَّ اِنَاثًا ۚ وَ یَجۡعَلُ مَنۡ یَّشَآءُ عَقِیۡمًا ؕ اِنَّہٗ عَلِیۡمٌ قَدِیۡرٌ

"To Allah is the kingdom of the heavens and the earth, He creates what He wills, He gives daughters to whom He wills and gives sons to whom He wills, or He bestows both male and female types. (to whom He wills), and He makes barren whom He wills. Truly He is All-Knowing, Almighty. "

Second, preventing pregnancy occurred during the time of the Prophet. Namely, by means of 'azl (removing sperm outside the sex organs).

كُنَّا نَعْزِلُ عَلَى عَهْدِ رَسُولِ اللَّهِ -صلى الله عليه وسلم- فَبَلَغَ ذَلِكَ نَبِىَّ اللَّهِ -صلْ الَه علمهْ

"We used to do 'azl during the time of the Prophet sallallaahu' alaihi wa sallam and it reached his ears, but he did not forbid it." (HR. Muslim no. 1440).

Thus, having many children or preventing pregnancy is not prohibited and is the choice of every husband and wife couple. It's just that the choice process needs to be done through deliberation with the partner.

Every choice has a risk effect that must be faced by all parties. If the choice is to prevent pregnancy due to many factors, including father, mother, or the rights of children who have been born first.

Third, some things that need to be considered in the choice of contraception, namely:

  1. Consult with the doctor about the contraceptive device that will be used by the wife. Choose the least mudhorot effect.
  2. If the wife's choice of contraception turns out to be a lot of unsuitable, be it pills or hormone injections, then it is better to prevent pregnancy from the husband's side.
  3. The use of contraceptives is not to limit the offspring, but because they are spacing the cause, sometimes it is a factor to be considered.
  4. Sterile without a reason "medical emergency" is something that is prohibited, because it is against the prerogative destiny of Allah SWT who has the right to create all creatures as in the above letter.

KB and Menstruation

If you don't have a habit anymore because you have been taking birth control pills for a long time, then what needs to be done:

  1. Identify menstrual blood: red, black, brown; and the remaining blood is yellow and cloudy.
  2. The maximum period of menstruation is 15 days. Exceeding this means istihadhoh, compulsory prayer and fasting.
  3. After this, make note of it to become our menstrual cycle.

About Abortion

Abortion because being pregnant as a result of adultery is subject to a double article, it is a big sin. Abortion of a legally married fetus is subject to a fine if the fetus is 120 days old.

Meanwhile, abortion due to pregnancy as a result of being a victim of rape, there are several things that we need to discuss. Adultery is a big sin, so when there is a case of rape there must be a victim and a perpetrator.

For the perpetrator, they must get the punishment accordingly. In Islam, the punishment depends on the status of the perpetrator, married or not. Meanwhile, in state law, there is also a complaint offense that must be reported to the authorities, so the evidence of this rape report will help the rescue process for the victim to take the next position.

For victims of rape, if they have obtained evidence of complaints from the authorities, they can take actions:

  1. The option of aborting the content or not is an option. In Islamic law and state law, abortion is prohibited and includes acts of sin and crime, except for medical emergencies and victims of rape. It's just that, abortion victims of rape must have clear evidence from the related parties and some of the requirements in our country's Criminal Code. Among them:

Abortion as referred to in Article 75 can only be performed:

  • before 6 (six) weeks of pregnancy, counting from the first day of the last menstrual period, except in the case of a medical emergency;

  • by health workers who have skills and authority who have a certificate stipulated by the minister;

  • with the consent of the pregnant mother concerned;

  • with the husband's permission, except for the victim of rape;

  • by health service providers who meet the requirements stipulated by the Minister.

  1. With evidence of a victim of rape from the authorities, the child will be able to continue his schooling.
  2. Marrying the victim to the perpetrator does not abort the perpetrator's sins and crimes. Married must be in a condition that is not pregnant and mutual approval of the bride and groom. [DDHK News]

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