Abortion and the termination of pregnancy is the expulsion of a foetus from
the womb of a woman. This may be carried out either by consuming of certain
drugs or by emptying the womb through the process of suction.
Life is sacred:
Islam regards human life to be 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 Shariah, 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 Shariah 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 into the foetus
Before mentioning the ruling on abortion with regards to these two stages, it
must be remembered here, that according to Shariah, 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 Almighty 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.
Sayyiduna Abd Allah 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 Faqih, Imam Ibn Abidin States in his Radd al-Muhtar:
“The soul enters the foetus 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 unlawful 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 Taymiyyah 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 Taymiyya, 4/217)
Allama 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 and Qawa’id (juristic
principles):
“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 on aborting the pregnancy is that, even in this case it
will be unlawful (haram) to abort it.
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 than 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 mother’s 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 mother’s 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.