Thursday, April 19, 2007

WOMEN ISSUES

Ruling on Abortion in Islam


Praise be to Allaah.


There are many causes of deformity of the fetus, many of which could be avoided; one could protect oneself from them or reduce their effects. Islam and medicine both urge people to avoid the causes of disease and to protect themselves against it as much as possible. The teachings of Islam urge us to protect our health and to protect the fetus from many diseases, which are caused by ignoring the teachings of Islam and falling into sin such as zinaa (unlawful sexual relationships), drinking alcohol, smoking, and taking drugs. Modern medicine also warns mothers of the imminent danger of taking some medications, or being exposed to x-rays or gamma rays, especially in the early days of pregnancy.


If it is proven in a definitive fashion, beyond any doubt, by a trustworthy medical committee, that the fetus is deformed, and that this deformity cannot be treated by the specialists, then in my view it is permissible to abort it, in view of the difficulties it would face in life and the hardship this would present to the parents, and the burdens and responsibilities of care it would place on the society. These considerations and others prompted the Islamic Fiqh Committee of the Muslim World League in its 12th conference held in Makkah on 15 Rajab 1410 AH (10/2/1990 CE), to issue the statement that “it is permissible to abort a fetus which is deformed in the manner mentioned above, with the consent of the parents and within the first 120 days from the beginning of the pregnancy.”


The decision of the committee was in accordance with the fatwa of the Standing Committee for Academic Research and Issuing Fatwas in the Kingdom of Saudi Arabia, no. 2484, issued on 16/7/1399 AH.


But if the soul has been breathed into the fetus and it has completed 120 days, then it is not permissible to abort it, no matter what the deformity, unless continuation of the pregnancy would put the mother’s life in danger. This is because after the soul has been breathed into the fetus, it is considered to be a person who must be protected, regardless of whether it is free of disease or not, and regardless of whether there is hope of recovery or not. That is because Allaah has a reason for everything that He creates, which many people do not know, and He knows best what is right for His creation, as Allaah says (interpretation of the meaning):


“Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves), All Aware (of everything). [al-Mulk 67:14]


The fuqaha’(islamic scholars) of the Sunni Islamic madhhabs(school of thoughts) are agreed that it is haraam to kill the fetus after the soul has been breathed into it, i.e., after 120 days have passed since conception. It is not permissible to kill it under any circumstances except when continuing the pregnancy would lead to the mother’s death.


The differences among the scholars (fuqaha’) have to do with abortion in the period before the soul is breathed into the fetus. After the soul is breathed into it, the scholars(fuqaha’) are agreed that the fetus has become a human being and a soul which has dignity and is to be respected. Allaah says (interpretation of the meaning):

“And indeed We have honored the Children of Adam…”[al-Israa’ 17:70]

And He says (interpretation of the meaning):

“… if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land — it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind…”[al-Maa'idah 5:32]


The Maaliki faqeeh Ibn Jizzi narrated in al-Qawaaneen al-Fiqhiyyah that there was scholarly consensus that it is haraam to have an abortion after the soul has been breathed into the fetus. He said: “When the womb has accepted the sperm it is haraam to interfere with it. It is worse (to do so) when it has been formed; and it is worse when the soul has been breathed into it, for that is considered to be the killing of a soul, according to scholarly consensus.” (al-Qawaaneen al-Fiqhiyyah, 141)


Similarly it says in Nihaayat al-Muhtaaj: “The prohibition becomes stronger the closer the time is for the soul to be breathed into the fetus, because it is a crime. Then if it has taken on a human form and the midwives can palpate it, it must be protected fully.” (Nihaayat al-Muhtaaj, 8/442)
The author of al-Bahr al-Raa’iq stated that when some of the features of the fetus become distinct, it is to be considered as a child. The author of al-Binaayah said: “It is not permitted to interfere with the fetus once its features have become distinct. If it can be distinguished from the ‘alaqah (clot) and the blood, it should be considered as having become a soul, and there is no doubt that the sanctity of the soul is protected by scholarly consensus and by the texts of the Quran.”


Thus it is clear to us that abortion after the soul has been breathed into the fetus is a crime which it is not permitted to commit, except in cases of extreme and certain necessity, not where necessity is merely imagined, i.e., where the necessity is proven. This means cases where preserving the fetus would put the mother’s life in danger, noting that with the advances in modern medicine and the scientific possibilities available nowadays, abortions performed to save the mother’s life have become very rare.


In the birth of these deformed children there is a lesson for those who are of sound health, and it teaches us of the power of Allah Who shows His creation the manifestations of His might and the wonders that He has created. Killing and aborting them is a purely materialistic view, which pays no attention to matters of religion and morals. Perhaps the existence of these deformities will make people more humble and submissive towards their Lord, and make them bear them with patience, seeking a great reward from Him.


Physical deformity is something that Allah has decreed for some of His slaves. Whoever bears that with patience will attain victory. This is something that happens and has always happened throughout history, but unfortunately studies indicate that the rate of physical deformity is increasing, as the result of pollution of the environment and the increase of harmful rays in the atmosphere, which was previously unknown. It is by the mercy of Allah that many deformed fetuses are miscarried or die before they are born.


The Muslim woman and the Muslim family must bear with patience whatever happens to them, and seek the reward for that with Allah. And Allah knows best.


Source :
From Ahkaam al-Janeen fi’l-Fiqh al-Islami, by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim

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