Hey, sis, will reply God-willing to your PM later.
Yes, sis.
As for Islam's position on abortion, here is the detailed link that you can read for your interest, but I'm only quoting here the specific part relevant to your question for your consumption:
The Shari’ah ruling on abortion:
Abortion can be divided into two stages:
a) Abortion after the soul (Ruh) enters the foetus
b) Abortion prior to the entry of the soul in to the foetus
Before mentioning the ruling on abortion with regards to these two stages, it must be remembered here, that according to Shari’ah the soul (Ruh) enters the foetus at 120 days (4 months) from conception.
Answer: In the name of Allah, Most Compassionate, Most Merciful,
Abortion and the termination of pregnancy is the expulsion of a foetus from the womb of a woman. This may either be by consuming of certain drugs or by emptying the womb through the process of suction.
Life is sacred:
Islam regards human life sacred. Allah Most High says:
“And verily we have honoured the children of Adam” (Surah al-Isra, V.70).
It does not matter where the life exists. Whether the life is extra-uterine or intra-uterine, its location has no significance on its sanctity. This sanctity applies not only to human life, but to the human body as well. Hence, according to Shari’ah, the physical body of a human after death is just as sacred as it was before death. The degree of sanctity of life is greater than that of the body. This is one of the reasons why it is unlawful (Haram) to consume the meat of a human, dead or alive.
The Shari’ah ruling on abortion:
Abortion can be divided into two stages:
a) Abortion after the soul (Ruh) enters the foetus
b) Abortion prior to the entry of the soul in to the foetus
Before mentioning the ruling on abortion with regards to these two stages, it must be remembered here, that according to Shari’ah the soul (Ruh) enters the foetus at 120 days (4 months) from conception.
The Jurists (Fuqaha) have based this duration upon a Qur’anic verse and a statement of the beloved of Allah (Allah bless him & give him peace). In the verse Allah states the stages of development of the embryo in the womb of the mother. Allah Almighty says:
“And verily we did create man from a quintessence (of clay). Then we placed him (as a drop of sperm) in a place of rest, firmly fixed. Then we made the sperm into a clot of congealed blood. Then of that clot we made a (foetus) lump. Then we made out of that lump bones and clothed the bones with flesh. Then we developed out of it another creature (by breathing life into it). So blessed be Allah, the most marvellous creator” (Surah al-Mu’minun, 12/13/14).
In the Hadith recorded by the two most authentic authorities, Imam al-Bukhari and Imam Muslim in their respective Sahih collections, the Messenger of Allah (Allah bless him & give him peace) discussed in detail the periods elapsing between these stages, mentioned by the Qur’an.
Abdullah ibn Mas’ud (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said:
“The seed of one of you remains in the womb of the mother for forty days in the form of a Nutfa (sperm). Then it remains like a clot for another forty days, and then for a same number of days like a lump of flesh (when the formation of the limbs and the growth of the bones begin) (Sahih al-Bukhari & Sahih Muslim).
The great Hanafi Faqeeh Ibn Abidin States in his Radd al-Muhtar:
“The soul enters the foutus at one hundred & twenty days (4 months), as established by the Hadith” (Radd al-Muhtar, 1/202)
The ruling on abortion in stage (a) i.e. after the entry of the soul into the foetus which is (as explained) 120 days, is that, it is totally impermissible and tantamount to murder, as it results in the taking out of an innocent life. All the scholars have unanimously condemned such a ghastly act.
Imam Ibn Tamiiyah states in his Fatawa collection:
“Aborting a foetus has been declared unlawful (Haram) with the consensus of all the Muslim scholars. It is similar to burying an infant alive as referred to by Allah Almighty in the verse of the Qur’an: “And when the female infant, buried alive, will be asked as to what crime she was killed for” (Surah al-Takwir, 8 ) (Fatawa Ibn Tamiyya, 4/217).
Ibn Abidin (Allah have Mercy on him) also states the prohibition of this gruesome act in his treatise ‘Radd al-Muhtar’:
“If a woman intends to abort her pregnancy, then the Fuqaha have said: If the period of the soul being blown into the foetus has elapsed, it will be impermissible” (Radd al-Muhtar, 5/276).
However, some Fuqaha and contemporary scholars have given a dispensation to abort the pregnancy after 120 days, in the situation where the life of the mother is in certain and absolute danger. This is based on the Juristic principle stated in the books of Usul al-Fiqh:
“If one is overtaken by two evils, one should choose the lesser of the two” (al-Ashbah wa al-Naza’ir, P.98)
They state that the mother’s life should be saved and the foetus aborted, as the mother is established in life, with duties and responsibilities, whereas the unborn child is still in the mother’s womb. But it should be remembered that the mother’s life must be in certain danger, and that this should be advised by a qualified and experienced Muslim doctor.
With regards to stage (b) i.e. prior to the entry of the soul into the foetus (120 days), the ruling is that, even in this case it is unlawful (Haram) to abort the pregnancy.
The reason why abortion prior to the soul entering the body will not be permitted is that, although there may not be life in the foetus, but the foetus is considered to be part and parcel of the mother’s body as long as it remains in the womb. Thus, just as one’s very own life and also all the limbs and organs of the human body are trust given by the Almighty Creator, so too is the foetus also a trust given to the mother by Allah, and she will not have a right to abort it.
The only difference here is that the sin of aborting the foetus will be of a lesser degree then aborting it after 120 days. It would not be regarded as murder, rather violating the rights of a human organ entrusted to the mother by Allah Almighty.
It is stated in Radd al-Muhtar:
“It is not permissible to abort the pregnancy before and after the entry of the soul into the foetus” (Radd al-Muhtar, 5/279).
However, in certain extreme circumstances, it would be permitted to abort the pregnancy, before the entry of the soul (120 days), such as: when the woman conceives after being raped, the mothers life or health is in danger, or repeated pregnancies severely damages her health, etc…
Imam al-Haskafi writes in Durr al-Mukhtar:
“Aborting the pregnancy will be permissible due to a valid reason, provided the soul has not yet entered the foetus”.
It should be remarked here that pregnancy due to unlawful and illegal sex is no reason and excuse for abortion. The embryonic life farm in the mother’s womb is honoured and sacred even though it is a result of adultery (Hidaya, 2/292).
In conclusion, abortion after 120 days is totally unlawful and tantamount to murder. Some Fuqaha, however, have given a dispensation only in the situation where the mothers life is in certain danger. As far as abortion before the 120 days have elapsed is concerned, it will still be unlawful, though the sin will be of a lesser degree, and it will become permissible if there is a genuine and valid reason.
And Allah knows best
Muhammad ibn Adam al-Kawthari, UK Source
Thank you for your answer, Search. This sounds reasonable and just. I especially like this line: “If one is overtaken by two evils, one should choose the lesser of the two” (al-Ashbah wa al-Naza’ir, P.98). So many people fail to understand this. Personally, I think abortion should be avoided if at all possible, but sometimes one has to choose the lesser of two evils.
The more I hear here, especially from you and Sister Herb, the more I become convinced that God did give a revelation to Mohammed (PBUH).
I found the following fatwa, that I thought could add to this discussion. InshAllah, I will post the question to the scholar first, so that the context is understood, then I will post the response as a separate post.
Dear Dr. Abou El Fadl,
I am writing to ask you for your advice. I have read several of your books and I highly respect your opinion. I would like to know your opinion on the permissability of abortions in Islam. Last week, I took a pregnancy test because I suspected that I might be pregnant. It turned out to be negative. I took one today and it was positive. So I am guessing that I have only been pregnant for three weeks if not less (I have an appointment with my doctor tomorrow to find out). While we always wanted to have children, my husband and I feel that now isn't the right time. My husband has been working for two years and his salary is quite low. I graduated from school last May and unfortunately I haven't been able to find a permanent job yet because of the economy. I feel that a baby right now might ruin my career prospects and I don't feel that we can afford one. We live in New York City and as you know, it is very expensive. In addition, we don't have any family members living next to us. I would at least want a permanent job and some savings in our bank account before we have a baby. Of course, at the same time, I still want to have children at some point in our lives and I don't want to do anything that is morally and Islamically wrong. I was wondering if it is permissible to abort a fetus before 40 days of pregnancy, and alternatively before 120 days of pregnancy. The reason I am asking about both 40 days and 120 days is because one of the advisors I talked to on the phone told me that many clinics refuse to perform an abortion before the first 6 weeks of pregnancy (or 42 days) because they need to see something there to perform an abortion. That is problematic for me because I feel that the longer I wait, the more haram it is. Plus 6 weeks is 2 days passed the 40 day mark. I would of course not consider an abortion whatsoever beyond 6 weeks but I was wondering what my options are, Islamically, for before 6 weeks.
I would really appreciate your help and advice as soon as possible. I feel very conflicted and I'm not sure what I should do.
Thank you for your message. I apologize for the delay in responding to you. I always feel that questions such as yours impose a heavy moral and ethical obligation and so I like to take some time to worship and ask God for guidance.
The clearest Qur’anic command on this issue is in 2:228—If they believe in God and the Final Day, it is not permissible for them to suppress what God has created in their wombs. On the basis of this verse, among other evidence, most Muslim scholars concluded that abortion is unlawful except in some very narrow exceptions. A clear majority of the scholars considered abortion to be a destruction of life and a serious offense against life, and therefore, a major sin.
Some sages or scholars, however, were of the opinion that abortion is permissible up to a certain point—some arguing that abortion is permissible up to 40 or 42 days (this is the position of some Shafi’i jurists) or up to 120 days (the position of some Shafi’i and Hanafi jurists). But most of the jurists who argued for the permissibility of abortion (whether under the 40, 42, or 120 day rule) also contended that unless justified by a health necessity, abortions are reprehensible or disfavored (makruh).
I want to stress that the crux of the matter for the jurists who did allow abortion centered around the issue of when or at what point the embryo becomes a human being or is endowed with a soul. Different jurists relied on or were persuaded by different kinds of evidence, but fundamentally, it is this belief about when an embryo or fetus becomes a human being—or can be said to possess life that justified the different time limits (whether 40, 42, or 120 days).
I must tell you that, personally, I am not persuaded that there is any clear yardstick or solid basis upon which one can confidently conclude that life begins after 40 or 42 or 120 days. It seems to me that once conceived an embryo, fetus, or whatever it is at a particular stage development, enjoys a right to life—-or more precisely, a right to the potential or opportunity of life, and that this right should not be interfered with unless there is a compelling necessity to do so. It does seem to me that the majority position banning abortions (except in a set of limited circumstances) is better supported and is more consistent with the Qur’an and Sunna and Islamic ethics.
There are some jurisprudential precedents in favor of the permissibility of terminating a pregnancy in cases of hardship that did not rise to the level of health necessity as long as the termination took place within the first 120 days (for instance, in cases of rape, pregnancy of minors etc.). In a sense, the relevant issue for you is whether poverty, financial need, or career pressures can constitute such a hardship.
In my view, and according to most jurists, abortions under these circumstances still would be unjustified or unlawful. As I am sure you know, God instructs us not to kill our children out of fear of poverty. We ought to pray that God help us provide for our families and to present us with whatever is best. God teaches us to accept God’s judgment in our lives with a level of serene humility, while reminding us that we may want something very badly but ultimately God knows what in fact prove to be in our interest or against it. This is why God says: you may dislike something intensely but God makes it a great source of goodness and blessing in your life.
All matters involving rizq or a person’s worldly gains and income are really in the hands of God—we can do only our best—-we do not control the ultimate results. So after expending the best effort, we can only pray that Allah present us with whatever is the best for us on this earth and the Hereafter.
I fully appreciate your position-—it is very hard, especially for a woman when she is trying to pursue a career or when families need double incomes to get by, for there to be an unplanned pregnancy. An unexpected pregnancy poses some truly challenging circumstances. Nevertheless, what I want to tell you is that I have seen children come to this world after their parents prayed, planned, and celebrated their birth only for these children to turn out to be a traumatic disaster upon the lives of their families. I have also seen children come to this world unplanned, burdensome, and unwelcome only to turn out to be the greatest blessing for their parents and family.
My point is that I do not take the hardship and disruption upon your life lightly but when I study the Qur’anic commands, the tradition of the Prophet and the jurisprudential tradition, I do not feel comfortable advising you that it is Islamically permissible to terminate your pregnancy. In my view, we will never really know at what point life begins or a soul enters the body. However, I do not think this is the relevant point or that is the issue upon which permissibility ought to depend. As to poverty, financial need, and career considerations, these are just some of the many contingencies and unknowns that confront us in our lives, and it is with these contingencies that our faith in God and our relationship with Allah matters the most. In the end, we do what our conscience dictates and so I advise you to reflect upon what I’ve written and that you pray, supplicate, and ask God for guidance. May Allah guide you to what is blessed, divine, and beautiful, and may Allah shroud you and your family in peace. God is the All-Knowing and it is God who knows best.
Show no concern for the praise of one whose praise cannot adorn you in any way, nor for the blame of those whose blame cannot dishonor you. And seek the praise of the One whose Praise is all honor and whose blame is all disgrace. Ibn Qayyim
I know many of us feel very strongly on this, but Alhamdulillaah Islaam is so lenient on everything.
It doesn't strictly forbid abortion, but dislikes it, but giving you an option to abort the child in case of anything bad that had happened, e.g. rape, the mothers life or health is in danger, or repeated pregnancies severely damages her health, etc…
Allaah is Just.
“Indeed the patient will be given their reward without account.” :love: { Qur’aan, Chapter 39, Verse 10 }
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Position of Islam on Abortion
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