Rulings On Abortion In Islam - Islam for Muslims - MACROEDU

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Friday, October 13, 2017

KAMIL ADENIRAN AJAGBE

Rulings On Abortion In Islam - Islam for Muslims

BismilLah

First of all, we need to be reminded that we cannot obey ANYONE when it comes to any disobedience to ALLAH. What I mean is if your husband or parents request you to do something which goes against ALLAH and HIS MESSENGER, you must decline by reminding them about what ALLAH and HIS Messenger said. That's the command of ALLAH and HIS MESSENGER. 

Abortion is forbidden in Islam whether it be in the earlier stages of pregnancy or otherwise. The extent of sin incurred varies according to the stage of pregnancy, so that less sin would be incurred if the abortion took place during the early stages, while it becomes increasingly haram (unlawful) as the pregnancy advances. When the pregnancy reaches 120 days old, abortion becomes totally forbidden and is deemed a form of murder that results in compensation becoming liable. This compensation is equal in value to 213 grams of gold, and it is given to the heir who did not participate in the abortion (i.e., brother/sister or grandparent(s), etc., according to the laws of inheritance).  
 
However, the only condition under which abortion is allowed is when there is an actual threat to the life of the mother confirmed by an official medical report that if the pregnancy advances any further, the mother may die.  
 
“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.  
 
Imam al-Ghazzali makes a clear distinction between contraception and abortion, saying that contraception is not like abortion. Abortion is a crime against an existing being. It follows from this that there are stages of existence. The first stages of existence are the settling of the semen in the womb and its mixing with the secretions of the woman. Then come the next gestational stage. Disturbing the pregnancy at this stage is a crime. When it develops further and becomes a lump, aborting it is a greater crime. When it acquires a soul and its creation is completed, the crime becomes more grievous. The crime reaches a maximum seriousness when it is committed after it (the fetus) is separated (from the mother) alive.” 

Scholars based on QUR'AN and Sunnah has ruled as follows;

1. It is not permissible to abort a pregnancy at any stage unless there is a legitimate reason, and within very precise limits.  
2. If the pregnancy is in the first stage, which is a period of forty days, and aborting it serves a legitimate purpose or will ward off harm, then it is permissible to abort it. But aborting it at this stage for fear of the difficulty of raising children or of being unable to bear the costs of maintaining and educating them, or for fear for their future or because the couple feel that they have enough children etc this is not permissible. 
3. It is not permissible to abort a pregnancy when it is an ‘alaqah (clot) or mudghah (chewed lump of flesh) (which are the second and third periods of forty days each) until a trustworthy medical committee has decided that continuing the pregnancy poses a threat to the mother’s wellbeing, in that there is the fear that she will die if the pregnancy continues. It is permissible to abort it once all means of warding off that danger have been exhausted. 
4. After the third stage, and after four months have passed, it is not permissible to abort the pregnancy unless a group of trustworthy medical specialists decide that keeping the foetus in his mother’s womb will cause her death, and that should only be done after all means of keeping the foetus alive have been exhausted. A concession is made allowing abortion in this case so as to ward off the greater of two evils and to serve the greater of two interests. 
Al-Fataawa al-Jaami’ah, 3/1056.

From the above fatwa, we must fear Allah and avoid the abortion practice. Fear that you are taken the highest risk in life to die in a state of abortion or as a result of abortion.

ABORTION DUE TO RAPE

There follow some important points concerning the woman who has been raped:
1. The raped woman who did her utmost to resist these thugs and their ilk is not guilty of any sin, because she was forced into it, and the one who is forced to do something is not guilty of sin in the case of kufr, which is worse than zinaa (unlawful sexual activity), as Allaah says (interpretation of the meaning):
“except him who is forced thereto and whose heart is at rest with Faith…”
[al-Nahl 16:106].

The Prophet (peace and blessings of Allaah be upon him) said: “Allaah has forgiven for my ummah for their mistakes, what they forget and what they are forced to do.” (Narrated by Ibn Maajah in al-Talaaq, 2033; classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah, 1664).

The Muslim woman who has fallen prey to a rapist will be rewarded for bearing this calamity with patience, if she seeks reward with Allaah for the harm that has befallen her. The Prophet (peace and blessings of Allaah be upon him) said: “No stress or exhaustion befalls the Muslim, nor worry or distress, even a thorn which pricks him, but Allaah will expiate for his sins because of that.” (Narrated by al-Bukhaari and Muslim).

2. Young Muslim men should hasten to marry women such as these who have been tormented, so as to reduce their suffering and console them, to compensate them for the loss of the most precious thing that they possess, which is their virginity.

3. With regard to their having abortions – the basic principle concerning abortion is that it is haraam and is not allowed from the moment of conception when it becomes a new being and is “placed in a place of safety” [cf. al-Mursalaat 77:21], i.e., the womb, even if this being is the result of a haraam relationship such as zinaa. In the case of the Ghaamidi woman who had confessed to zina and thus the punishment of stoning became obligatory, the Messenger (peace and blessings of Allaah be upon him) told her to go away until after she had given birth, then after she had given birth, he told her to go away until the child was weaned.

4. There are some fuqahaa’ who think that it is permissible to have an abortion within the first forty days of pregnancy. Some of them even permit it until before the soul is breathed into the embryo. The stronger the excuse, the clearer the reason for the concession is, and if that is within the first forty days it is, this means that the concession is more appropriate.

5. Undoubtedly the rape of a Muslim woman by an evil enemy is a strong reason for the Muslim woman and for her family to have an abortion. For she will hate this foetus, the result of this iniquitous attack, and she will want to get rid of it. So this concession is to be given because of necessity, especially in the first days of the pregnancy.

6. Nevertheless, there is nothing wrong with a Muslim woman who has suffered this disaster keeping the foetus without being forced to get rid of it. If it is decreed that it should remain in her womb for the usual term and she gives birth to it, then it will be a Muslim child, as the Prophet (peace and blessings of Allaah be upon him) said: “Every newborn is born in a state of fitrah (the natural state of man, i.e., Islam).” (Narrated by al-Bukhaari). The fitrah is the religion of Tawheed, i.e., Islam. It has been stated in fiqh that if the parents have different religions, the child should follow the parent who has the best religion. This is in cases where the father is known, but what about the child who has no father? He is a Muslim child, no doubt, and the Muslim society is obliged to take care of his upbringing, to spend on him and to bring him up well. They should not leave the burden to his poor, suffering mother.

One of the basic principles of Islam is to relieve distress and hardship, so if a Muslim girl who is keen to remain chaste is exposed to bestial aggression and fears the effect that this may have on her reputation or her honour, or fears that she may be an outcast or that she may be subjected to harm such as being killed, or she fears that she may suffer psychological or nervous diseases, or that her sanity may be affected, or that shame may be brought upon her family for a matter in which she is not guilty of any sin, or that the child will not find any place of safety, then I say: that if this is the case, there is nothing wrong with her aborting the foetus before the soul is breathed into it, especially when it has become easy for a woman to find out if she is pregnant or not, with the advance of medical means of detecting pregnancy in the first week. The earlier the abortion is carried out, the more appropriate this concession is. And Allaah knows best. 
May Allah keep guiding us all and protect us from such satanic influences on abortion.
Aameen.

Credit: Sheikh AbdurRazaq


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