Praise be to Allah, the cherisher and sustainer of the worlds; Peace and blessings be upon his Messenger, Muhammad Ibn Abdallah; his family and his companions.
This article is based on the controversies and considerations regarding the termination of pregnancy for foetal Anomalies or intentional abortion in Islam.
But first, I must confess that there is scant academic or scholarly contribution on the matter and the excessive amount of research conducted on the subject do not provide a clear solution to those who may be caught up in the situation. Approximately one – fourth of all inhabitants on earth are Muslims. This matter to begin with falls under the category of emerging issues in the Islamic Family law and Jurisprudence where more scholarly engagement is now sought more than ever to cater for the scientific advancement the world we live today.
The four major schools of thought hold that abortion is forbidden in Islam. Their consensus comes from lack of clear commandment on abortion in the Holy Quran and if permitted then the Holy Quran would have been quick to sanction the same; as it also follow that similar events may have occurred during the Prophet’s era where he would have given his holy guidance to his companions in the circumstances.
As above, scholars’ discussion on the subject is centred on the foetal anomalies before 120 days of pregnancy and not after that period. The issue of termination of pregnancy past 120 days due to severe foetal anomalies in Islam lies somewhere between permissible and forbidden. It is a grey area in the interpretation of the Islamic literature that very few scholars venture into or will be led to discuss.
It is therefore seen that the generally accepted belief among the scholars is that abortion is forbidden at any stage of pregnancy on the basis of the following verses from the Quran.
“Q8:151 “And do not kill the soul which Allah has forbidden except for the requirements of justice…..”
Q15:31 “do not kill your children for fear of want: We shall provide sustenance for them as well as for you. verily the killing of them is a great sin.”
Even at the earliest possible stage, without medical justification, termination of pregnancy is not permitted. Socioeconomic reasons as stated in the verse above do not base a purpose for terminating pregnancy.
Islam, however, is considerably liberal concerning abortion, which is dependent on the following; threat of harm to mothers, the status of the pregnancy before or after ensoulment and the presence of foetal anomalies that are incompatible with life. Research shows considerable variations, but most scholars agree that the termination of pregnancy for foetal anomalies is allowed before ensoulment, after which abortion becomes totally forbidden, even in the presence of foetal abnormalities; the exception being a risk to the mother’s life or confirmed intrauterine death.
Those who support the impermissible of abortion asserted that life in Islam is invaluable as opposed to bodily impairment and disabilities. The foetus after 4 months is considered a human being and therefore entitled to the same protection enjoyed by other human beings. This protection should be rendered with or without abnormalities of any sort.
On the question of forced pregnancy where a woman is raped, kidnapped or mistakenly slept with a man she believed was her husband – (Wataw Shubha). Victims of rape, kidnapping and honest mistake may terminate their pregnancy before four months if they fear for themselves a lifetime humiliation, self hate, shun and punishment of any sort if they live in a country where having illegitimate child is a crime. Scholars see no harm on such a person terminating her pregnancy. This is because choice is not an element in the pregnancy.
Scholars are therefore strict on those who become pregnant following an intimate relationship between a man and a woman and are intending just to terminate pregnancy for no legal reason as stated above. They totally forbid termination of pregnancy where in particular, if their actions leading to the pregnancy are considered impermissible – haraam in Islam. This may be the case where two people fooling around become pregnant and intend to abort in order conceal their actions. Scholars have warned that permission should not be given to those engaged in sinful act. The analogy to this is where one breaks his fasting (month of Ramadan) in order to enjoy a good drinking trip with friends.
Besides, the messenger of Allah, peace be upon him, would have instructed a woman from the tribe of Ghamid to terminate her pregnancy when she approached him wishing to be purified following a sin of adultery. But because she was pregnant and her state meant that no punishment would be carried out on a pregnant woman; the messenger sought to save the child first by instructing her to go back to her family and return to him after she had given birth, suckle and wean the child. The woman returned to the Prophet after two years and only this time the punishment was executed (Sahih Muslim – Book 17 No. 4205).
Scholars asserts that this event may have provided an opportunity for this Ummah and for the prophet himself to lead by example in the presence of his companions as to whether abortion is permissible or not. The fact that he did not allow the woman to abort her child or carry out the punishment as prescribed in the Holy Quran; scholars base their ruling on this very important event that abortion is forbidden in Islam.
My conclusion on the matter is that abortion is not permissible in Islam without medical justification before and after 4 months of pregnancy. The Islamic rule on the subject is strict therefore even with foetal anomalies termination would only take place after it has been confirmed with complete certainty that a foetal anomaly exists. An exception to this rule covers victims of rape and kidnappings as stated above.
