الإجهاض في الفقه الإسلامي والطب المعاص

In the study we have been examined about the subject of the abortion in terms of both medicine and sharia and we talked about the phases of the fetus. On examining the elements of analyzing the subject of the study, islamic law and the provision of abortion in medicine, we followed the perspectives of sharia and medicine. While examining, first we explained the terms and then we talked about the thoughts of expert doctors. Their perspective is making the things easier for the writers and lead them for solving the problems. The religion islam (which leads people to find ways to live in a peace and trust) has been come for protecting and making the aim of el-Mekâsidu'l-Hamse consisting of 5 basic compulsory aim that are religion, life, mind, generation, and goods. That is to say the fetus should be protected in both perspectives. The study has 4 part and the introduction. In the introduction, the subject of the study, the significance of it, the methods used and the earlier studies have been examined. We used different types of methods such as epagoge, deduction, analytic method, because there are relation of other subjects. In first part, the meaning of fetus, the situation of it and abortion with different reasons and methods have been mentioned. And we tried to examine the various types of the abortion in both medicine and sharia. In the second part, the process of the fetus and the phases until the birth have been examined. The versicles and hadith have been examined. And we also searched about this issue in medicine. The other important issue is the soul which the writers and doctors focus on. In part three, the provision of abortion according to classical and modern writers before and after soul. The soul is starting to occur in 4th month. Both classical and modern writers have same idea. The other important issue is reasons of the abortion, the factors that makes it acceptable and provisions of it. And the punishment of the abortion for the one who wants to make abortion and the one who makes the abortion and penance of it. In the last part, what can be done for proctecting the fetus in medicine and sharia, and the negative sides of abortion for mothers in societies. The intentional abortion has negative effects on societies. And adultery, rape abortions has been talked. That is fact in Islamic societies, these kind of abortions which are because of rape or adultery is not so much. And there are different perspectives about these issues. Other important subject is the abortion for the babies which is going to be born as a disabled children. Two different idea have been mentioned about it. The first one is for the babies who has not got some simple organs like fingers or have more than normal people. The other one is vital for both mother and the baby. In the second situation it is lawful with a report of an expert doctor. And we also talked about the transplantation for science with the decision of the parents to protect their respectfullness. But when the abortion is just for the aim of scientific experiments or medical ones, it is not lawful and if it is happen, it a murder.