An abortion is the removal or expulsion of an embryo or fetus from a woman's uterus,

resulting in or caused by its death. There are two types of abortion: “spontaneous” which
is the natural miscarriage and “induced” which is the deliberate removal or expulsion of
an embryo or fetus by medical, surgical, or other means at any point during pregnancy.

I choose this topic because many Muslims regard abortion as wrong and haram, but many
accept that it may be permitted in certain cases, while others think that it is accepted at a
certain time period. There is a huge misconception on this part. I wanted to conduct
thorough research on this topic to clear me own concepts and knowledge.

All schools of Muslim law accept that abortion is permitted if continuing the pregnancy
would put the mother's life in real danger. This is the main reason accepted for abortion
after 120 days of the pregnancy.

Islamic scholars differ on the fact that when a fetus is actually considered to be a living
thing. The medieval scholar Al-Ghazali writes that life occurs "when semen is injected
into the womb where it merges with the ovum and becomes predisposed to receive life.”
120 days is often seen as the point at which a fetus becomes fully human. This has been
described as an angel coming and "breathing life into the fetus." Before this time, the
fetus lacks a human soul, and is considered on the same level as plants and animals.

However, even those scholars who would permit early abortion in certain cases still
regard abortion as wrong, but do not regard it as a punishable wrong. The more advanced
the pregnancy, the greater the wrong.

The Qur'an does not explicitly refer to abortion but offers guidance on related matters.
Scholars accept that this guidance can properly be applied to abortion.

.
 Azizah Y. al.Hibri writes:

The majority of Muslim scholars permit abortion, although they differ on the stage of
fetal development beyond which it becomes prohibited. To understand the differences in
their positions, we have to first study what the Qur'an says about this matter.

There are two Qur'anic passages (22:5 and 23:12-14) that address this issue. Both of them
describe stages of fetal development. These can be summarized as follows: the semen
(nutfah) develops in the womb, together with the ovum, into a clinging clot ('alaqah),
then a chewed lump (mudghah) complete in itself yet incomplete, then another act of
creation takes place (khalqan akhar). At this last stage, the soul enters the body.

Scholars agree that abortion at or after the ensoulment stage is prohibited, except to
protect the mother's life. They disagree, however, on when this stage is reached and
whether abortion at an even earlier stage is permitted. One group permits abortion up to
120 days. Another prohibits it as early as 80 or even 40 days after conception. In either
case, many hold the view that abortion does not abruptly become prohibited at a certain
stage (whether that stage is reached at ensoulment or earlier). Rather, abortion becomes
increasingly makruh as the fetus develops, until it becomes finally prohibited.

On the other hand, a minority of scholars hold a very strict view which prohibits abortion
the minute the semen attaches to the uterus. They argue that the attached semen is already
on its way to being ensouled. These scholars also view abortions performed at later stages
of pregnancy as yet more serious than those performed at the earlier stages. This position
was adopted recently by some Muslim jurists, who relied on scientific evidence in
reaching their conclusion. While saluting the various efforts of earlier Muslim jurists on
the subject, they concluded "from a review of contemporary medical and scientific
advances. . . that an embryo is a living organism from the moment of conception.”
Among the major traditional schools of thought, the majority of Hanafis and Shafi’is
permit abortion before the 120 days period. Among the minority of Shafi’is who oppose
this view is al-Ghazali who describes abortion as a jinayah (crime). Hanbalis permit
abortion before 40 days (by taking medicine) while Ja'faris and Malikis prohibit it at any
time. Of course, all these views permit abortion for exigencies such as saving the
mother's life even after the ensoulment stage.

If a woman is nevertheless faced with an abortion decision, and if after deliberation she
truly finds the reasoning of a permissive group (like the majority Hanafi view)
convincing, then she should not be discouraged by the prior discussion on disagreements,
and should feel free to take advantage of the license under her preferred view. This
advice is based on the Prophet's position of encouraging ijtihad and on the Islamic
scholarly tradition of regarding differences among mujtahids (those who engage in
ijtihad) as an expression of the mercy of God upon Muslims.
 Shaykh Muhammad ibn Adam al-Kawthari writes:

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 in to the foetus

According to Shari’ah 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 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.

Abdullah 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. 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 Faqeeh Ibn Abidin States in his Radd al-Muhtar:

“The soul enters the foutus 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 impermissible 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 Tamiiyah 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
Tamiyya, 4/217).

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).

If the Mother's Life is in Danger

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:

“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.

Abortion Before 120 Days

With regards to stage (b) i.e. prior to the entry of the soul into the fetus (120 days),
the ruling is that, even in this case it is unlawful (Haram) to abort the pregnancy.

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 fetus, the fetus 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 fetus will be of a lesser degree
then 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).

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
mothers 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
 Conclusion

In my opinion, abortion should be allowed and carried out in cases of rape, but it has to
be obtained before the 120 days. Abortion should also be obtained to if there is life-
threatening danger to the mother, and that there is no other way to save the mother’s life,
but through abortion. The new born baby usually can not survive without its mother.
Also, the mother is an adult and is more precious than an unborn baby as she might have
other children to take care of.

Abortion can not be carried out in normal circumstances like to have a baby boy instead
of a girl or if the mother suddenly realizes that she is not ready for a child.

Abortion is a very sensitive issue as there are many conditions and complicated
circumstances a woman can be under. The best way is to understand the situation the
person is in and to get help and opinions from learned people.
 Religious Studies

ABORTION

BY
Mariam M. Khalid
554