Scholarly Opinion Regarding the Termination of Pregnancy in Islam

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. 

Am back

Hello my beloved readers; it has been a long time since I last updated my page and perhaps write a piece for my blog. This is due to the fact that my family and business life became a priority and have been ever busy to even find time to comment on current affairs. However, I have been very much aware of the events making headlines around the world. Covid 19 which has brought our new normal, the lockdowns and the eventful discovery of its treatment, Dexamethasone which according to the scientist is the first of its kind in saving those suffering from the disease. The death of George Floyd and the protests that have awakened nations to reconsider their policies towards black and ethnic minorities all over the world. We have witnessed statues being brought down and removed to a safer place called museum. To be honest I also wondered why to this day and age, reminders of past hate and discrimination occupy a place in our cities. Our education system which is a foundation of progressive nations needs to change to accommodate all backgrounds. Thanks to Black Lives Matter campaign the world will never be the same again.

Let us talk about the Republic of Malawi; Parliament has agreed for the country to hold its General Election on 23 June 2020. Following this leaders from two major parties are busy winning hearts and minds of the people for votes. This election is different in a sense that the winner requires at least 51 % of votes. The major parties are the Malawi Congress and the Democratic Progressive headed by Lazarus Chakwera and Peter Mutharika respectively. There have been reports of violence and intimidation from both parties. On 30 May 2020, I posted an article on Facebook which condemned leaders of these parties and advised them to exercise restraint.Our democracy aims at the exclusion of violence and the need to render it unnecessary. I urged our political leaders and all stakeholders in the country to provide and push for rational deliberation as the process to express their views and interests. It is regretful that the very same people who promise us one peaceful country are at the forefront of glorifying violence rather condemning it. Violence should not be justified regardless of our sneaky, politcal insinuating moves. No politcal leader should capitalise on violence or seek to embarrass and frustrate those that are entrusted to make our land safe and peaceful.

We call upon all political leaders to denounce violence and desist from utterences that could fuel more violence in the country. Malawi is hungry for greatness. And through our leaders we all can achieve this.

We want peace to prevail and one Malawi. To our political leaders I say:

Destruction of properties and loss of life, will only jeopardise the cause. "The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy." #oneMalawionenation

EU REFERENDUM AND THE 2.3 MILLION EU NATIONALS IN THE UK

A nationwide vote of whether the United Kingdom should remain in the European Union or withdraw from it will bring about changes on how EU citizens shall continue to remain and work in the United Kingdom.

The EU vote in the UK may contribute massively to the beginning of the end of the European Union and the end of the popular free movement rights currently enjoyed by EU citizens.

As we consider the impact this vote may have on those already in the United Kingdom, 2.3 million EU nationals currently living in the UK under the EU banner. There is also a need to consider the effect that this vote will have to those living under those EU nationals, in other words, non – EEA family members. Currently, those claiming to be family members of an EEA national have a right to live in the UK so long as their EEA national continues to qualify under the treaty rights.

As the Conservatives pushes to fulfill their election manifesto and the vote is to take place end 2017, it is difficult to predict what the future holds for both EEA nationals and their non EEA nationals currently residing in the UK. It is likely that so many other groups of people such as unmarried partners and other extended family members i.e. siblings and other dependant relatives, uncles and aunts would  be among those facing such difficulties to justify their continued presence in the United Kingdom.

While the UK government and other stakeholders work day and night to find a solution, in this uncertain climate, EU nationals may wish to apply for a registration certificate for themselves and a residence card for any non EEA family members, to confirm they have the right to remain in the UK. Those EU nationals who have spent at least 5 years In the UK can apply for a permanent residence card which is a pre-requisite to apply for naturalization.

It is advisable for those who have spent at least 5 years in the UK and their country of origin permits dual citizenship to apply for naturalization as this is the only option to ensure that the outcome of the referendum will have no impact on them. Alternatively, children born in the UK or outside the UK can be registered to become British nationals although the parents are not yet eligible to become British citizens

If you feel you or your family is likely to be affected with the outcome of the EU referendum and would like to enquire more regarding this then our team of legal advisors at Liberty Immigration Services, is happy to assist. Please call us on 0116 431 5091 or on the mobile number 07842484370 or email us on info@libertyimmigrationservices.co.uk  or check us on www.libertyimmigrationservices.co.uk 

Demystifying Islamic Banking in Malawi

In 2011 the Reserve Bank of Malawi, rejected the introduction of Islamic Banking. Soon after the rejection, we looked at the merits and demerits of Islamic Banking in a country like Malawi and we found that the benefits outweigh the costs (if any). We pointed out in the article that such a decision falls short of a need to have a better, organized and prudent system of banking that does not limit consumer or customer choice. Today’s financial market is not only globalised and integrated, but is also replete with numerous products, some of which have proven to be toxic to economies as evidenced in the recent financial crisis. Financial engineering and computational finance has given rise to financial instruments such as futures and options, currency swaps, credit default swaps and collaterised debt obligations (CDOs) just to mention a few. Using mathematical finance, numerical methods and computer modelling, these derivatives are designed and created to facilitate in trading, hedging and investment decisions and risk management. The result of this is that in 2008 most major economies collapsed and the effects are still being felt today. Interestingly, while this has been happening, Islamic Finance and Banking has been moving beyond its boundaries into new territories by providing an alternative to this very frenzied psychosis. The CityUK, a UK financial think tank, estimated t global Islamic financial assets to have reached $1.041 trillion in 2009 up from $947billion in 2008 with a steady growth of 10-15% in 2010. Extrapolating this growth, we would assume that the assets should be approaching the $1.7 trillion mark. The think tank further asserted that in the UK alone, there are over 20 banks that provide Islamic assets worth $19 billion, with HSBC Amanah controlling the bulk of it.

Malawi, like many other countries without the Islamic banking and finance system, naturally feels that having this system alongside the current conventional set up will create more chaos and confusion. In some quarters, its introduction is perceived as giving in to pressure or bowing to the dictates of fundamentalist Islam. Fuelled by lack of understanding and proper knowledge concerning the principles of Islamic finance, many sections of the society have been led to believe that Islamic finance is the whole body of the Islamic law. This there has been a failure to understand that Islamic finance is not the same as Islamic law, and that these two are separate and distinct. There common thread is that the former should be in compliance with the latter. Consequently, this leads to the fact that there is no conflict between Islamic law and the laws of the land. Just as conventional finance is required to comply with the applicable laws of the land, Islamic finance must also adhere to these laws in addition to compliance with the Islamic law. Hence it must be emphasized that the obligation of complying with Islamic sharia law is not the same as having sharia law in the country.

To those people who are afraid that Islamic Finance will bring Islamic law, we would like to assure them that Islamic law of banking operates alongside laws of the land and the two do not overlap. Contracts in Islamic banking are drawn in accordance of the law of the land although compliance to Islamic law is a must. Therefore, any breach arising from these contracts, parties should seek redress from courts of the land as opposed to Islamic courts. Islamic law does not give the Sharia Board (the body that looks after Islamic products, comprising of scholars and experts in Islamic Law) any judicial and arbitrary powers since the ultimate power to do so rests with the courts of the land. Having eliminated this misconception, it is therefore worth noting that the only difference between Islamic banking and conventional banking is the mere charge of interest on a product lent or borrowed. Under Islamic finance, interest, known as Riba in Arabic, is disregarded or forbidden since money has no intrinsic value under Islamic law and should only be used as a measure wealth. This is therefore the only fundamental difference between Islamic finance and conventional finance. With interest forbidden, one cannot earn “money” on money lent to another party nor be required to pay interest on money borrowed. Under Islamic law, money cannot create or produce more money. Rather, services must be provided and effort exerted to generate wealth. It is therefore a fundamental condition for any investment or transaction under Islamic law that money be treated as medium of measuring wealth and exchange and nothing else. Hence interest is considered to be both a social and economic injustice in Islam and by excluding it from the financial system; it is thought that a fair and moral economic behavior will be promoted.

It is true to say that the underlying value in Islamic finance is to avoid exploitation with the objective of sharing reward between the parties involved. The conventional system of banking is exploitative in nature therefore not fit for a country like Malawi where the population is largely poor. Malawi would fare well with a system of banking that is just and balanced. By way of an example, in conventional financing, the financier gives money to his client as an interest bearing loan, after which he has no concern as to how the money is used by the client so long as the client keeps up with his repayment that includes interest to the money borrowed. In the case of Islamic banking on the contrary no money is advanced by the financier unless the client assures the financier that he wishes to purchase a specific commodity or conduct a certain business that will produce a reward or profit. The two parties will enter into a profit and loss sharing agreement and thus the exclusion of interest (riba). Some of the most commonly used products are under Islamic finance are profit sharing (mudarabah), safekeeping (wadiah), joint venture (musharakah), cost plus (murabahah) and leasing (ijarah). It is imperative that Islamic institutions need to have a Sharia advisory committee and consultants in order to implement products according to these principles. Their sole function is to ensure that operations and activities of the bank comply with sharia principles when it comes to Islam finance and banking.

It has been observed that conventional current system of banking causes imbalances in society. Unhealthy human instincts are exploited to make money through immoral and injurious products. The evils emanating from this attitude can never be curbed unless humanity submits to the divine authority and obeys its commands by accepting them as absolute truth and super human injunctions which should be followed in any case and at any price. This observation cuts across all faiths and beliefs. In 2009 the Vatican newspaper L’Osservatore Romano voiced its approval of Islamic finance. The Vatican paper wrote that banks should look at the rules of Islamic finance to restore confidence amongst their clients at a time of global economic crisis. “The ethical principles on which Islamic finance is based may bring banks closer to their clients and to the true spirit which should mark every financial service,” the paper asserted. It continued to state that Western banks could use tools such as the Islamic bonds, known as sukuk, as collateral and that Sukuk may be used to fund the “‘car industry or the next Olympic Games in London. The Vatican paper believed that Islamic banking could become an alternative and an absolute solution to the mess caused by the conventional banks. Three years on after the Vatican message, the United Kingdom Government recently through its Prime Minister, David Cameron announced the intention of launching the first ever Islamic bond in the UK. Mr. Cameron acknowledged the role played by Islamic finance in the UK and the entire world. He cited examples of such big projects such as The Shard, the Chelsea Barracks, Battersea Power Station and the Olympic village as projects funded by the Islamic finance in whole or in part which has helped to transform the London skyline. This could happen to Malawi and it is imperative that we should seize this opportunity at the moment when no country in the SADC region is seriously thinking of taking this necessary step. 

EEA APPLICATIONS TO THE HOME OFFICE

Its now over that EU nationality would entitle a holder free passes into services provided by the UK Home Office. The Secretary of State has just announced that from July 2013 all EEA applications will incur a charge of up to £55.

I am aware that the previous system appeared to have helped so many Non EEA applicants by virtue of them being a family member of an EEA national. One can therefore argue that the change has come forth to put all the applicants at par, there should be no difference at all whether you are in the UK joining your EEA national or a British citizen.

There are no details though indicating how long the applications will now last with the Home Office as currently an application may take up to six months before it is decided. Presumably, with a fee to it, this period may be reduced to a considerable three months period as the case with the rest of the applications.

Please ensure that a fee is attached to your application otherwise the Home Office may make your application invalid due to unpaid fee if applied after 1 July 2013.

For further information regarding this and how to make an EEA application, please do not hesitate to contact Liberty Immigration Services UK on 07842484370 or send your queries to an email libertyimmservices@gmail.com

Revisiting social and family ties, general visit visa

Many people want to come to the United Kingdom for various reasons. Most of those who want to come to UK have friends and families who are present and settled in the UK. However, having a family in the UK does not make one's life easy when it comes to request a general visit visa to the UK at the British embassy. The United Kingdom visas are regulated and enforced by a set of rules called immigration rules.

A visitor to the UK is therefore required to meet those rules in order to obtain a visa. During my entire immigration career, I have had an opportunity to see decisions from different British embassies in the world but all of them will have a unified format in the way they consider entry clearances.

Entry clearance officers (ECO) sometimes are not clear about how an applicant has failed to satisfy the requirements. You may have enough money in your account but the fact that you  have failed to demonstrate the source of that income, your application may fail. Artificially Inflated accounts days before applying may raise eyebrows.

Most applicants do not understand these rules and how they get enforced unless legal advice prior to the process has been sought. Under the rules, the applicant's intention to return is taken to task and scrutinised before the decision is made. ECO should be satisfied that the applicant's circumstances at home are clear enough to form an absolute intention to return.

Some of the elements taken into consideration are your social and family ties in the country of origin. There is no general interpretation of social and family ties but depending on your circumstances, ECO will form an opinion based on the information provided and use his discretion to grant or refuse the applicant a UK visa.

Having an ailing parent who is in the applicant's care may meet the requirement if the applicant is coming to the UK for a week or two and arrangements have been made for the care of the parent in the applicant's absence. Some people may say that this requirement is discriminatory as it singles and lone applicants. However, as I previously stated, your circumstances will be looked independently based on the information provided.

An ECO may not be satisfied if the applicant does not provide evidence of personal and financial circumstances, or of any assets that ties the applicant to the country of origin. The applicant should always bear in mind that under paragraph 41 he is genuinely seeking entry as a visitor for a limited period not exceeding 6 months therefore an intention to return to his country of origin comes under heavy scrutiny.

Further consideration may be given to politically well being of the applicant's country of origin, for example an applicant who is applying from countries marred by civil unrest and instability may be refused on the basis that they are not genuinely seeking entry clearance as a visitor. It is very difficult in their situation to be regarded as they have an intention to return.

Road to 2014: Accountability and Responsibility of Muslim Politicians

Are Malawians Muslims being served politically? Do politicians deliver their promises to the Muslims after they have helped to get them into power? These are two very pertinent and crucial questions that we as a Muslim community in Malawi must be asking after almost 20 years of multiparty democracy, thus 4 general elections. In all of the 4 general elections beginning with the one in 1994, Malawian Muslims have played a very decisive role in electing the winning Government either through voting or bankrolling of the parties. In the general elections of 1994,1999,2004, it was the muslim vote which swung the pendulum to the winning party, while in 2009, it was mainly the Malawi Asian muslims who bankrolled the then winning party through both financial and material contributions. In 2014, the equation will not change much, and one can foresee that both Malawi Asian Muslim money and the indigenous Malawi muslim votes will be pivotal in deciding which party carries the day and forms the next Government.  While courting the Muslim vote and financial assistance, politicians, both Muslims and non-Muslims alike, have always promised the community heaven on earth in terms of social-economic development. The indigenous Malawians have been promised improved access to tertiary education and equal and fair participation in Government and the civil service. Some have even promised to provide an enabling environment for us Muslims to establish our own University that will cater for our future generations as the University of Malawi does not offer us the same opportunities as our non-Muslim counterparts. Those of us who are in business, both indigenous and Asian, have always been promised equal and fair awarding of Government business and contracts and access to markets. However, after 4 general elections, the Muslim is still waiting to be served. After 20 years of democracy, the Muslim is languishing on the peripheral of society both socially and economically. Access for Muslims to UNIMA is still a big challenge despite our students attaining the required grades. It is laughable and despicable at the same time to note that despite Muslims making atleast 40% of the general population, our access to UNIMA is less than 0.05%. Please don’t listen to the propaganda that Muslim students are not good enough as this has been disproved by those excelling in tough and competitive educational environments such as Asia and the West.  The enabling environment to establish our own university as promised by some politicians is still nonexistent. Government businesses and contracts are still never awarded to us, our people, despite attaining the education and qualifications, are still scarce in the Civil Service and statutory corporations and the future for our kids still is murky.

A thriving political system must hold politicians and leaders accountable and responsible  for their conduct and promises after they have gone into power. Accountability and responsibility in Islam thus are very important facets since Islam and Politics are intertwined.  Just as Islam teaches us how to say Salah, observe Sawm, pay Zakah and undertake Hajj, so does it teach us how to run a state, form a government, elect councillors and members of parliament, make treaties and conduct business and commerce. The choices we make in supporting a political party is also legislated by the Quran. Therefore, accountability to God and the community at large for all activities is paramount to a Muslim’s faith, and in turn the Muslims expect the politicians having made promises to be accountable and responsible in ensuring delivery.

Sharia defines clearly what is true, fair and just. Furthermore, it outlines what are society's preferences and priorities, what are corporate roles and responsibilities. Thus it is no surprise that Allah mentions repeatedly in the Holy Qur'an, the word hisaab more than eight times in different verses. Hisaab or 'account' is the root of accounting, and the references in the Holy Qur'an are to 'account' in its generic sense, relating to one's obligation to 'account' to God on all matters pertaining to human endeavour for which every Muslim is 'accountable'. All resources made available to individuals are made so in the form of a trust. Individuals are trustees for what they have been given by God in the form of goods, property and less tangible 'assets'. By the same definition, leadership in any form is also given to individuals as trust. Hence the extent to which individuals must use what is being entrusted to them is specified in the shari'a, and the success of individuals in the hereafter depends upon their performance in this world.

In this sense, every Muslim has an 'account' with Allah, in which is 'recorded' all good and all bad actions, an account which will continue until death, for Allah will show all people their accounts on judgement day. Hence one of the most important aspects of Islam is the belief in a Day of Judgment. It is one of the six articles of faith and is central to the Islamic concept of accountability. For Muslims, the present life is not the goal; rather, it is the life after death that must always be the focus. This does not mean that Muslims should not enjoy their lives, but it does mean that they have to be conscious of God in all aspects of their life knowing that they will be asked about their decisions.

The Day of Judgment is mentioned repeatedly in the Qur’an. Moreover, it has more than one name, including the Day of Accountability. Allah says:

On the day when every soul will be confronted with all the good it has done, and all the evil it has done, it will wish there were a great distance between it and its evil. But Allah cautions you (to fear) Him. And Allah is full of kindness to those that serve Him.

And in another chapter:

Every soul will taste of death. And ye will be paid on the Day of Resurrection only that which ye have fairly earned. Whoso is removed from the Fire and is made to enter paradise, he indeed is triumphant. The life of this world is but comfort of illusion.

As these two verses illustrate, on this day, Muslims believe that they will be resurrected both physically and spiritually and will be asked by God about their lives, after which their final destination will be determined.

Another aspect of accountability is taking to consultation with the community. It plays a role of putting into effect national interest. Islam teaches us to run a government, to make legislation and decisions by the process of Shura. Shura is "to take decisions by consultation and participation" (3:159, 42:38). A ruler is a servant of the people. Both the ruler and the ruled will appear before Allah and account for their actions on the Day of Judgment. The responsibility of the ruler is heavier than the ruled. It entails that any ordinary citizen should have the right to ask any question on any matter to the ruler and the government. In the Islamic political system the head of the state or any government minister could be called to account if necessary and not to be treated differently from other citizens.

Of course we do not expect this issue of accountability in Malawi politics to have a conclusion any times soon, or do we expect the politicians to comprehend it, especially so when it entails the Muslim community. Nor are we suggesting that Malawi should have an Islamic political system to remedy the situation for that would be a dream far fetched, as Malawi is a secular state. However, our argument is that this issue is fueled by a fundamental tension between claims derived from “promises” and claims derived from “participation” in national economic development of one section of the society. Attending to the ways in which these claims can and should be accommodated and balanced differently with respect to various politicians and political parties in Malawi can unlock new avenues for improving accountability that can lead to a stop in abuse of the Muslim community before and after general elections.  Distinguishing new possibilities for accountability requires abandoning the belief that political accountability at the moment in Malawi towards the Muslims is genuine as it conforms to conceptual and ultimate principles of democratic participation and dispensation. Such a belief prevents us from recognizing specific prospects for limiting unfairness and injustice to our community. Thus we as Muslims should be seeking to create processes for checking such unfairness in the system with the full recognition that for the past 20 years we have always been on the mercy of politicians be them Muslims or non-Muslims. This should make us hopeful that in 2014 we will play our cards right and no politician will abuse our vote. Whoever comes to us to seek support in 2014 politically, we must ask them the pertinent question; how will you be accountable to us after we have voted you into power since history in the past 20 years has taught us a bitter lesson?