Abstract
Chapter 1 Introduction
1.10. Layout of the Main Chapters
2.1.2. Islam and Abortion
Most Muslim scholars would say that a foetus in the womb is recognized and protected by Islam as a human life.
But Islam allows abortion to save the life of the mother because it sees this as the 'lesser of two evils' and there is a general principle in Sharia (Muslim law) of choosing the lesser of two evils. Abortion is regarded as a lesser evil in this case because:
• the mother is the 'originator' of the foetus
• the mother's life is well-established
• the mother has with duties and responsibilities
• the mother is part of a family
• allowing the mother to die would also kill the foetus in most cases
So in order to avoid greater evil, sometimes people are to take the help of lesser evil, i.e.
abortion.
The Qur'an makes it clear that a foetus must not be aborted because of the fear that a family will not be able to take the responsibility of it properly. It is written in Qur’an that one should have full trust upon Allah. Kill not your offspring for fear of poverty; it is we who provide for them and for you. Surely, killing them is a great sin.
Qur'an 17:32
The same (and similar) texts also ban abortion on social or financial grounds relating to the mother or the rest of the family - e.g. that the pregnancy wasn't planned and a baby will interfere with the mother's life, education or career.
Another case in which abortion is acceptable in Islam is if it is confirmed in the early period of pregnancy that a foetus suffers from a defect that cannot be treated and that will cause great suffering to the child. Here a number of scholars say that it is permissible to abort, provided that the pregnancy is less than 120 days old.
A slightly more liberal opinion is that abortion within the first 120 days would be permitted if a child would be born with such physical and mental deformity as would deprive the child of a normal life. The opinion of at least two competent medical specialists is required. But some scholars disagree and hold that abortion is not permitted in such cases.
There is almost unanimous opinion that after 120 days an abortion is not permissible unless the defect in the embryo puts the mother's life in danger.
In recent times in Iran, the incident of Ayatollah Ali Khameni adopting a flexible position on medical grounds by issuing a fatwa permitting abortion for foetuses if these are less than 10 weeks time since birth shown to have the genetic blood disorder thalassemia. In Iran, again Grand Ayatollah Yusuf Saanei issued a fatwa which permits abortion in the first three months for various reasons. Saanei accepted that abortion was generally forbidden in Islam, but went on to say:
‘But Islam is also a religion of compassion, and if there are serious problems, God sometimes doesn't require his creatures to practice his law. So under some conditions--such as parents' poverty or overpopulation--then abortion is allowed’.8
Widely quoted is a resolution of the Islamic jurisprudence council of Mekkah Al Mukaramah (the Islamic World League) passing a Fatwa in its 12th session held in February 1990? This allowed abortion if the foetus was:
grossly malformed with untreatable severe condition proved by medical investigations and decided upon by a committee formed by competent trustworthy physicians, and provided that abortion is requested by the parents and the foetus is less than 120 days computed from moment of conception.9
Some scholars state that abortion is permissible in the first 120 days of the pregnancy especially when the mother is the victim of a rape or of incest. Others say that abortion is never permitted on some such grounds only. Explaining the difficulty of ascertaining a definite position in such a case, one scholar points out: I believe that the value of life is the same whether this embryo is the result of fornication10 with relatives or non-relatives or in valid marriage. In Sharia, life has the same value in all cases.11
8Sanei, G. A. (2000, 12 29). Los Angeles Times
9Abortion. (2009, 9 7). Retrieved 2 23, 2010, from BBC Religion:
http://www.bbc.co.uk/religion/religions/islam/islamethics/abortion_1.shtml
10 Voluntary sexual intercourse between persons not married to each other or Extramarital sex that willfully and maliciously interferes with marriage relations
11 Sheikh M. A. Al-Salami, Third Symposium on Medical Jurisprudence
It is reported that Bosnian women raped by the Serbian army were issued a fatwa allowing them to abort, but were urged to complete the abortion before the 120 day mark. A similar fatwa was issued in Algeria. This demonstrates that Islamic law has the flexibility to be compassionate in appropriate circumstances.
In Egypt (where abortion is illegal) in June 2004, Muhammad Sayed Tantawi, the Grand Sheikh of Al Azhar, approved a draft law allowing women to abort a pregnancy that is the result of rape. The law would also make it legal for women to undergo an abortion more than four months after conception.
His decision caused controversy among other Muslim scholars. The mufti of Egypt, Ali Gomaa, said Tantawi's decision was wrong and violated the Qur'an's injunction that "forbids killing innocent souls." He said, "It is haram [forbidden] to abort the foetus after life is breathed into it, in other words after 120 days." However, he added that a woman could terminate a pregnancy if she was in immediate danger. But Islam does not permit abortion where an unwanted pregnancy is the result of unforced adultery. Islam forbids the termination of a pregnancy after soul or 'Ruh' is given to the foetus. But there's disagreement within Islam as to exactly which period of time this would happen. The opinions are that the process takes place:
• at 120 days
• at 40 days
• when there is voluntary movement of the foetus. This usually happens during the 12th week of gestation but many women don't notice the movement until much later than - sometimes as late as 20 weeks.
Abdullah narrated that the Allah's Apostle, the true and truly inspired said, "(as regards your creation), ‘every one of you is collected in the womb of his mother for the first forty days, and then he becomes a clot for another forty days, and then a piece of flesh for another forty days’. Then Allah sends an angel to write four words: He writes his deeds, time of his death, means of his livelihood, and whether he will be wretched or blessed (in religion). Then the soul is breathed into his body..."12
However, it's important to note that many scholars believe that life begins at conception, and that all scholars like Hinduism believe that an embryo deserves respect and protection at all stages of the pregnancy.