Termination of pregnancy

Termination of pregnancy, or abortion, is the medical process of ending a pregnancy via expulsion of a
foetus from the womb of a woman. Depending on how many weeks pregnant you are, the pregnancy is
ended either by taking certain medications or via a surgical procedure.

*It is important to note that an abortion is NOT the same as a miscarriage, which is the spontaneous and
natural end of pregnancy, without medical intervention (although the woman may require medical
treatment following a miscarriage). Abortion is a planned medical procedure.

Islamic view/Shariah ruling on termination of pregnancy and sanctity of life

As a general principle, the Quran forbids and condemns the killing of humans. The Islamic view is based
on the very high priority that is given to the sanctity of life, as the Quran states:

Whosoever has spared the life of a soul, it is as though he has spared the life of all people. Whosoever
has killed a soul, it is as though he has murdered all of mankind. (Surah Maidah, Verse 32)

Islam makes no distinction between a life inside or outside of the womb with regards to sanctity of life.
This sacredness applies to the human body as well, and this is why Shariah states that the physical body
of a human after death is just as sacred as it was before death. However, life has a greater degree of
sanctity than the body.

The Quran, however, does not explicitly mention abortion, which results in certain differing viewpoints
amongst scholars. Despite these differences of opinion, it is unanimously agreed upon that a foetus in
the womb is recognised and protected by Islam as a human life, and that the only time termination is
permitted is when the pregnancy is putting the mothers life in real and certain danger. Differences in
opinion exist regarding what stage of pregnancy that a termination of pregnancy can be performed, and
whether any other reasons for termination are permitted other than the mothers life being in danger.

Termination of pregnancy and the soul (Ruh)

Scholars have divided termination of pregnancy into two stages:

1. Termination after the soul enters the foetus

2. Termination before the soul enters the foetus

There is some difference of opinion between scholars as to when the soul is given to the foetus. The
three main opinions are:

1. At 120 days

2. At 40 days

3. When there is voluntary movement of the foetus

1. Generally occurs around the 12th week gestation, but many women do not feel these
movements until several weeks later
 4. At conception

The Quran also provides guidance on this issue with the following verses:

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-Muminun, verses 12-14)

Despite the differences in opinion, scholars unanimously believe that an embryo deserves respect and
protection no matter what stage the pregnancy is in.

Islamic ruling on termination

The ruling on termination in the first stage, after the soul has entered the foetus is that it is completely
impermissible and equivalent to murder. Jurists maintain that the payment of blood money (diya)
becomes obligatory if the baby is alive prior to termination, and then dies, while a smaller amount is to
be paid if the baby is aborted dead. ALL scholars have unanimously condemned such an act, and the
only concession given by some Fuqaha and contemporary scholars, is in the situation where the mother
is in absolute danger. This is based on the reasoning that compared to the unborn child, the mother
already has an established in life along with many duties and responsibilities. However, before such a
decision is taken, an expert qualified physician must advise that the mothers life is in CERTAIN danger. It
is better to receive the opinions of at least two qualified and experienced doctors.

The ruling on terminating the pregnancy prior to the entry of the soul is that the termination is still
unlawful, because whilst in the womb, although the foetus does not have life, it is still considered a part
of the mothers body. Allah has given the foetus to the mother as an Amanah (trust), and she has no
right to abort it as when we returns to the Almighty Creator, our trusts will be examined by Allah
regarding how we handled them. The sole difference between terminating a pregnancy before 120 days
verses after 120 days is that the sin incurred will be of a lesser degree. As opposed to being deemed as
murder, the sin would instead be the violation of the rights of an Amanah from Allah that has been
entrusted to the mother.

Islamic ruling regarding reasons for terminating a pregnancy

Protection of the mothers life

Islam allows termination of a pregnancy to save the life of the mother because it sees this as the lesser
of two evils and there is a general principle in Shariah (Muslim law) of choosing the lesser of two evils.

Termination is regarded as a lesser evil in this case because:

the mother is the originator of the foetus

the mothers 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

Severe and Untreatable Defects of the Foetus

Some scholars say that it is permissible to terminate if it is confirmed in early pregnancy that a foetus
suffers from an untreatable defect that will cause severe suffering to the child. The pregnancy however,
must be less than 120 days old.

Rape, Incest and Adultery

Some scholars allow termination when the mother is a victim of rape or incest, if it is in the first 120
days of the pregnancy. Most scholars however, disagree with this viewpoint and say that termination
should never be permitted for such reasons, stating that Islams sanctity of life principle trumps
whatever social ills may come of the illegitimate child.

Please note that termination is absolutely not permitted where an unwanted pregnancy has resulted
from unforced fornication or adultery.

Fear of Poverty and Providing for the Child

It is crystal clear in the Quran that a pregnancy cannot be terminated because the family fears they will
not be able to adequately provide for it. They should trust Allah to look after the child.

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 Surah Al-Anaam, verse 151

Trust in Allah is the only permissible and required solution in such a case.

Unwanted pregnancy

It is totally unlawful (Haram) to terminate a pregnancy based on social or financial grounds including:

Not being ready or able to care for another human

Fearing the baby will interfere with the parents life plans, education or career

Loss of reputation/honour (usually in regards to rape, fornication and adultery)

Becoming pregnant via consensual illegal sexual intercourse

Methods of Termination of Pregnancy

There are two main types of termination procedures, depending on the stage and circumstances of
pregnancy.

Medical or Non-Surgical Terminations

Tablets are given to terminate the pregnancy. This may not always be successful and a surgical
termination may be needed.

Surgical

Surgical terminations are usually performed under general anaesthetic. The cervix (neck of the womb) is
dilated and the foetus is extracted usually by suction.
UK Law

Under UK law, a termination can usually only be carried out during the first 24 weeks of pregnancy as
long as certain criteria are met:

terminations must be carried out in a hospital or a specialist licensed clinic

two doctors must agree that a termination would cause less damage to a womans physical or
mental health than continuing with the pregnancy

There are also a number of rarer situations when the law states a termination may be carried out after
24 weeks. These include:

if it is necessary to save the womans life

to prevent grave permanent injury to the physical or mental health of the pregnant woman

if there is substantial risk that if the child were born, s/he would have physical or mental
abnormalities as to be seriously handicapped
Abortion in Islam

In principle, the Qur'an condemns the killing of humans (except in the case of defense or as capital
punishment), but it does not explicitly mention abortion. This leads Islamic theologians to take up
different viewpoints: while the majority of early Islamic theologians permitted abortion up to day 40 of
pregnancy or even up to day 120, many countries today interpret these precepts protecting unborn
children more conservatively. Although there is no actual approval of abortion in the world of Islam,
there is no strict, unanimous ban on it, either. Islam has not given any precise directions with regard to
the issue of abortion. Hence it is not a matter, which has been clearly stated in the Shari'ah (Islamic
Law) but rather an issue pertaining to the application of our knowledge of the Shari'ah. Such
application may vary in conclusion with a difference in the basic premises of one's arguments.

The Qur'an clearly disapproves of killing other humans: Take not life which Allah has made sacred
(6:151; see also 4:29 If a man kills a believer intentionally, his recompense is Hell, to abide therein
(for ever) (4:93). Allah (SWT) went even further, making unlawful killing of a single individual human
being equal to mass murder of the whole of mankind: "Because of that, We ordained for the children
of Israel that if anyone killed a person not in retaliation for murder or for spreading mischief on earth, it
would be as if he killed all mankind. And who saved a life, it would be as if he saved all mankind." (Al-
Maidah, 5:32)

As to whether abortion is a form of killing a human, the Qur'an does not make any explicit statements.
Only Surah 17:31 warns believers in general: Kill not 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.

There are those in Islam who oppose all abortions. A favored text to support this is: "Do not kill your
children for fear of poverty for it is We who shall provide sustenance for you as well as for them."
(Surah, Al-An' am, 6:151). This Qur'anic reference is to killing already born children--usually girls. The
text was condemning this custom. The Arabic word for killing used in this text "means not only slaying
with a weapon, blow or poison, but also humiliating or degrading or depriving children of proper
upbringing and education." The text doesn't explicitly address the abortion and therefore doesn't
close the argument on it.

The Qur'an says:

We created man from an essence of clay: then placed him, a living germ,

In a secure enclosure. The germ We made a leech; and the leech a lump of

Flesh; and this We fashioned into bones, then clothed the bones with flesh;

Then We develop it into another creation. (Surah Al-Mu'minoon, 23: 12-14)

This verse reveals how the fetus is formed and transforms into a complete human being.

The elaborate process of the development of the first human being is given in the Qur'an as follows:

He who has made everything which He has created most good. He

began the creation of man with(nothing more than) clay, and made

his progeny from a quintessence of the nature of a fluid despised.

Then He fashioned him in due proportion and breathed into him some-

thing of His Ruh(Life-Energy). And (with this) He gave you (the faculties

of ) hearing and sight and understanding. (Surah Al-Sajadah, 32:7-9).

During the development of fetus, the body received the Divine Ruh (Life-energy) and subsequently the
human faculties of hearing, sight and understanding were developed.

There is no agreement among legal scholars including those of the founders of the four schools of
religious law of the early Islamic period as to the exact point in time this happens, however.

Abortion

Islam's approach to the issue of birth control and abortion is very balanced. It allows women to
prevent pregnancy but forbids them to terminate it. In case of rape the woman should use the
morning after pill or RU486 immediately after the sexual assault in order to prevent the possible
implantation of a fertilized ovum. Modern technology (like ultra sound scan) has made it possible to
know whether or not a child has a defect long before he is born. Some people justify the abortion of a
defective fetus.

The Shari'ah allows abortion only when doctors declare with reasonable certainty that the
continuation of pregnancy will endanger the woman's life. This permission is based on the principle of
the lesser of the two evils known in Islamic legal terminology as the principle of al-ahamm wa 'l-
muhimm (the more important and the less important). The Prophet said, "When two forbidden things
come [upon a person] together, then the lesser will be sacrificed for the greater." In the present case,
one is faced with two forbidden things: either abort the unborn child or let a living woman die.
Obviously, the latter is greater than the former; therefore, abortion is allowed to save the live person.
1
Permissibility of Abortion 2

"And do not kill your children for fear of poverty: We give them sustenance and yourselves (too): surely
to kill them is a great wrong." (17:31)

The abortion of a fetus from the mother's womb is a different issue, since the sperm and egg have
already met and fertilized what could become a human being. The scholars all agree that abortion is
forbidden after the first four months of pregnancy, since by that time the soul has entered the embryo
but it would allow the use of RU486 (the "morning-after pill"), as long as it could be reasonably
assumed that the fertilized egg has not become implanted on the wall of the uterus. Most scholars say
that abortion is legal under Islamic Shari'ah (law), when done for valid reasons and when completed
before the soul enters the embryo. To abort a baby for such vain reasons as wanting to keep a
womans youthful figure, are not valid.

"...And do not slay your children for (fear of) poverty -- We provide for you and for them --- and do not
draw nigh to indecencies, those of them which are apparent and those which are concealed, and do
not kill the soul which Allah has forbidden except for the requirements of justice: this He has enjoined
you with that you may understand." (6:151)

Quranic verses misinterpreted 3

There are, however, some Qur'anic verses which prohibit infanticide:

"And do not kill your children for fear of poverty: We give them sustenance and yourselves (too): surely
to kill them is a great wrong." (17:31)

These verses in fact were revealed to forbid the pre-Islamic Arab practice of killing or burying alive a
newborn child (particularly a girl) on account of the parents' poverty or to refrain from having a female
child. Perhaps in those days, people did not know safe methods of contraception and early abortion.

Embryonic development was central to the Muslim arguments on abortion. According to Muslim
scholars, it is lawful to have an abortion during the first 120 days, but after the stage of ensoulment
(after the soul enters into the fetus), abortion is prohibited completely except where it is imperative to
save the mother's life. After ensoulment, however, abortion is prohibited absolutely and is akin to
murder.

The Hanafi scholars, who comprised the majority of orthodox Muslims in later centuries, permitted
abortion until the end of the four months. According to them, a pregnant woman could have an
abortion without her husband's permission, but she should have reasonable grounds for this act. One
reason, which was mentioned frequently, was the presence of a nursing infant. A new pregnancy put
an upper limit on lactation, and the jurists believed that if the mother could not be replaced by a wet-
nurse, the infant would die.

Views of Four Madhhabs (Schools of Thought) 4

There is broad acceptance in the major Islamic schools of law on the permissibility of abortion in the
first four months of pregnancy. Most of the schools that permit abortion insist that there must be a
serious reason for it such as a threat to the mother's life or the probability of giving birth to a
deformed or defective child. However, as the Egyptian booklet."(The Arab Republic of Egypt published
a booklet called "Islam's Attitude Towards Family Planning.") says: "Jurists of the Shiite Zaidiva believe
in the total permissibility of abortion before life is breathed into the fetus, no matter whether there is
a justifiable excuse or not." That would be a pure form of what some call "abortion on demand."

The majority of orthodox Muslims (following the Hanafi school) in later centuries, allowed abortion
until the end of the four months. According to them, a pregnant woman could have an abortion
without her husband's permission, but she should have reasonable grounds for this act. Most of the
Maliki jurists (legal scholars) described abortion as completely forbidden. In their view, when the
semen settles in the womb, it is expected to develop into a living baby and it should not be disturbed
by anyone. According to Ibn Jawziyyah, when the womb has retained the semen, it is not permitted for
the husband and wife, or one of them or the master of the slave-wife, to induce an abortion. After
ensoulment, however, abortion is prohibited absolutely and is akin to murder.

The Hanafi school (prevalent in Turkey, the Middle East and Central Asia) allows abortions to take
place principally until day 120; some jurists restrict this provision to good cause, e.g. if the mother is
still nursing an infant and fears that her milk may run out during the new pregnancy. In aborting up to
day 120, the woman commits a mere moral transgression, not a crime. The Shafi school (dominant in
Southeast Asia, southern Arabia, parts of East Africa) allows abortions to be performed up to day 120.
For the Maliki school (prevalent in North and Black Africa) an abortion is permissible with the consent
of both parents up to day 40; it is no longer allowed after that. For the Hanbali school (predominant in
Saudi Arabia and United Arabic Emirates) abortions are principally prohibited from day 40 onward.

Some Shiite groups, such as the Ismailis, do not permit abortions to take place at all. In case of
infringements of this law, abortions before day 40 are penalized with a monetary fee. Other Shiite
groups such as the Zaydites allow abortions to be performed up to day 120, equating an abortion up to
this point with contraception. Whoever injures a pregnant woman to the extent that she loses her
child must pay compensation according to Islamic law. Strictly speaking, this money belongs to the
dead child, who is to inherit it. The family of the woman who undergoes an abortion must also pay
compensation if the childs father had not consented to the abortion performed on her.

Several differences become clear, however, between modern legal practices and the statements made
by early Islamic jurists. In principle, the protection of unborn lives is today in the forefront, i.e.
modern-day legal scholars judge more conservatively than the authors of the early Islamic legal texts.
Exceptions are made in some countries if the life of the mother is endangered, based on Surah
Baqarah, 2:233: "A mother should not be made to suffer because of her child. As a result, abortion is
possible for health reasons up to day 90 in many countries. In Algeria, Egypt, Iran, Pakistan and Turkey
abortion is fully prohibited (an exception is made if the mothers life is endangered); this does not
imply, however, that abortions are not at all performed. Tunisias liberal abortion practice allows for
abortions to be performed up to the end of the third month. There, abortions are principally
permissible for single as well as married women in the first three months, provided that a registered
doctor performs them. The approval of the husband or of a male guardian is not required in Tunisia.

Some contemporary voices speak out fully against abortion, arguing that Islam is granted strength
through multitudes of children. Traditionally, a large family with several sons has always been the ideal
situation in the Islamic world. Abortion in this context is compared with murder, with references to the
endangered health of the woman. Other voices view abortion as a type of birth control and refer to
the fact that the wives of prophets also practiced birth control with the approval of Prophet
Muhammad (peace be upon him). Muslim womens rights advocates demand the right to free
abortion in connection with the demand for self-determination. The hesitation of many doctors, for
fear of legal prosecution, to perform abortions in clinics leads to illegal operations and numerous cases
of death. A number of legal assessments (fatwas) have been published on the subject of abortion; this
support one viewpoint or the other but do not legally have the character of law and are therefore not
binding.

Abortion in Islam 5

Some Muslims argue that abortion is permissible if the fetus is younger than four months (120 days).
They quote a statement from the Prophet (s) that refers to a human being starting as a fertilized ovum
in the uterus of the mother for forty days, then it grows into a clot for the same period, then into a
morsel of flesh for the same period, then an angel is sent to that fetus to blow the Ruh into it and to
write down its age, deeds, sustenance, and whether it is destined to be happy or sad.

Assuming the Hadith to be authentic, scholars explain that the error comes from understanding that
before the Ruh is blown into the fetus at 120 days, the fetus is not a living entity, and therefore
aborting it does not amount to killing it. It therefore becomes clear that aborting a fetus before 120
days is still killing a living entity, let alone abortion after that presumed period.

Some Muslims argue that the only case when aborting a fetus, before or after 120 days, is allowed in
Islam, is when a medical situation threatens the life of the mother, leaving only two options, to let
either the other or the fetus survive, but not both. Scholars argue that such a case can only be
determined by a specialist, trusted and committed Muslim doctor. They argue that the mother can
have other children, whereas the child cannot make up for losing the mother.

Sheikh Yusuf Al-Qaradawi 6

Sheikh Yusuf Al-Qaradawi states in his well-known book, The Lawful and the Prohibited in Islam:

While Islam permits preventing pregnancy for valid reasons, it does not allow doing violence to it
once it occurs.

Muslim jurists have agreed unanimously that after the fetus is completely formed and has been given
a soul, abortion is Haram. It is also a crime, the commission of which is prohibited to the Muslim
because it constitutes an offense against a complete, living human being. Jurists insist that the
payment of blood money (diya) becomes incumbent if the baby is aborted alive and then died, while a
fine of lesser amount is to be paid if it is aborted dead.

However, there is one exceptional situation. If, say the jurists, after the baby is completely formed, it is
reliably shown that the continuation of the pregnancy would necessarily result in the death of the
mother, then, in accordance with the general principle of the Shari'ah, that of choosing the lesser of
two evils, abortion must be performed. The reason for this is that the mother is the origin of the fetus;
moreover, her life is well established with duties and responsibilities, and she is also a pillar of the
family. It would not be possible to sacrifice her life for the life of a fetus which has not yet acquired a
personality and which has no responsibilities or obligations to fulfill.

Allah Almighty knows best.

REFERENCES:

1. Marriage and Morals in Islam. Chapter 4: contraceptives and Abortion. Sayyid Muhammad Rizvi,
Pub. By Islamic Education and Information Center, Scarborough, Ont. Canada.

2. www.understanding-Islam.com 1st March 1999

3.Family Planning and Islam: A Review by Khalid Farooq Akbar Hamdard Islamicus Vol. 17, No. 3, 1974.

4. Abortion in Islam. Christine Schirrmacher (Institute for Islamic Studies) Online at

www.islaminstitut.de/english/publications/abortion.htm

5. Abortion in Islam. Elsayed Kandil, SALAM Magazine, Sydney, New South

Wales http://www.famsy.com/salam/.

6. Yusuf Al-Qaradawi. "Lawful and the Prohibited in Islam" Islamic Book Service, 1982