Islamic Ruling on Abortion (Isqāt-e-Ḥaml): When is it Permissible? – Complete Fatwa with Evidence & Scholarly Views
Question: What is the ruling in Shariah regarding abortion (Isqat-e-Haml)? In which situations is it permissible? Furthermore, if it is discovered through an ultrasound that the child has a physical defect, is abortion permissible in such a case?
Answer..!
Alhamdulillah..!
In the view of Islamic Shariah, the life of a fetus (child in the womb) has the same importance and sanctity as that of a living human being. Therefore, protecting this life is obligatory in the same way that protecting the life of a living person is necessary. This is why a pregnant woman can break her fast during the month of Ramadan, and if there is any danger to the fetus, it is not correct for her to fast. This is all so that the life of the child developing in the womb is not harmed in any way. Islamic Shariah has not given anyone, not even the mother herself, the right to intentionally harm the fetus.
This is why a woman cannot abort a pregnancy resulting from Zina (adultery/fornication), because this child also has the status of a living human. If it is an illegitimate child, what fault is it of the child?
Due to this status of the fetus, it is a law of Islamic Shariah that a woman sentenced to death, if she is pregnant, cannot be executed until she gives birth to the child and the child reaches the age of weaning. This is also why it is obligatory for a person to pay the full diyat (blood money) if they strike a pregnant woman’s abdomen, causing her child to be aborted, who then dies after being alive for a short while.
Allamah Ibn Hazm (may Allah have mercy on him) says that after the soul is breathed into it, the fetus is considered a complete human. Based on this reality of the fetus, all jurists (Fuqaha) are unanimous that after the breathing of the soul (ensoulment), abortion is not permissible. And if anyone does this intentionally, it will be counted as murder.
Abortion Before and After Ensoulment
Whether abortion is permissible before the soul is breathed in or not, there is disagreement among the jurists.
- Some jurists permit abortion in cases of necessity, because before ensoulment, the fetus is merely a lifeless lump of flesh and blood.
- Those scholars who consider ‘azl (coitus interruptus, withdrawing during intercourse) to be impermissible, they also deem abortion impermissible even before ensoulment.
- Those scholars who consider ‘azl permissible, they permit abortion before ensoulment, provided that a team of reliable and certified doctors deems the abortion necessary on medical grounds.
- There are also some scholars who permit ‘azl but do not permit abortion even before ensoulment. Imam Ghazali (may Allah have mercy on him) says that there is a big difference between ‘azl and abortion. Abortion is to terminate the child after it has come into existence, whereas in ‘azl, the very concept of the child’s existence is not present.
- According to some scholars, abortion before ensoulment is not Haram (forbidden), but it is Makruh (disliked). Their viewpoint is that although the fetus is a lifeless lump before ensoulment, eventually a soul will be breathed into it, and it will be given life.
When is the Soul Breathed In (Ensoulment)?
As for when the soul is breathed in, there is also disagreement on this.
According to the famous Hadith of Bukhari and Muslim, which they narrate from Abdullah bin Mas’ud (may Allah be pleased with him), the soul is breathed into the fetus after one hundred and twenty days.
Sahih Bukhari, Book: Beginning of Creation, Chapter: The Angels
Hadith No: 3208
حَدَّثَنَا الحَسَنُ بْنُ الرَّبِيعِ، حَدَّثَنَا أَبُو الأَحْوَصِ، عَنِ الأَعْمَشِ، عَنْ زَيْدِ بْنِ وَهْبٍ، قَالَ: قَالَ عَبْدُ اللَّهِ: حَدَّثَنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، وَهُوَ الصَّادِقُ المَصْدُوقُ، قَالَ:
“إِنَّ أَحَدَكُمْ يُجْمَعُ خَلْقُهُ فِي بَطْنِ أُمِّهِ أَرْبَعِينَ يَوْمًا، ثُمَّ يَكُونُ عَلَقَةً مِثْلَ ذَلِكَ، ثُمَّ يَكُونُ مُضْغَةً مِثْلَ ذَلِكَ، ثُمَّ يُبْعَثُ اللَّهُ مَلَكًا، فَيُؤْمَرُ بِأَرْبَعِ كَلِمَاتٍ: يُكْتَبُ عَمَلُهُ، وَرِزْقُهُ، وَأَجَلُهُ، وَشَقِيٌّ أَوْ سَعِيدٌ، ثُمَّ يُنْفَخُ فِيهِ الرُّوحُ.
فَإِنَّ الرَّجُلَ مِنْكُمْ لَيَعْمَلُ حَتَّى مَا يَكُونُ بَيْنَهُ وَبَيْنَ الجَنَّةِ إِلَّا ذِرَاعٌ، فَيَسْبِقُ عَلَيْهِ الكِتَابُ، فَيَعْمَلُ بِعَمَلِ أَهْلِ النَّارِ. وَإِنَّ الرَّجُلَ لَيَعْمَلُ حَتَّى مَا يَكُونُ بَيْنَهُ وَبَيْنَ النَّارِ إِلَّا ذِرَاعٌ، فَيَسْبِقُ عَلَيْهِ الكِتَابُ، فَيَعْمَلُ بِعَمَلِ أَهْلِ الجَنَّةِ
Translation:
Narrated `Abdullah: Allah’s Messenger (ﷺ), the true and truly inspired said, “(The matter of the creation of) a human being is put together in the womb of the mother in forty days, and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things. He is ordered to write down his deeds, his livelihood, his (date of) death, and whether he will be blessed or wretched (in religion). Then the soul is breathed into him. So, a man amongst you may do (good) deeds till there is only a cubit between him and Paradise and then what has been written for him decides his behavior and he starts doing (evil) deeds characteristic of the people of the (Hell) Fire. And similarly, a man may do (evil) deeds till there is only a cubit between him and the (Hell) Fire, and then what has been written for him decides his behavior, and he starts doing deeds characteristic of the people of Paradise.”
There is another authentic Hadith in Sahih Muslim, which Hazrat Hudhaifa bin Asid (may Allah be pleased with him) narrates. He says that he heard the Holy Prophet (peace be upon him) say:
“إِذَا مَرَّ بِالنُّطْفَةِ ثِنْتَانِ وَأَرْبَعُونَ لَيْلَةً ، بَعَثَ اللهُ إِلَيْهَا مَلَكًا ، فَصَوَّرَهَا ، وَخَلَقَ سَمْعَهَا وَبَصَرَهَا وَجِلْدَهَا وَلَحْمَهَا وَعِظَامَهَا…..”
“When forty-two nights have passed over the nutfah (sperm-drop), Allah sends an angel to it, who shapes it and creates its hearing, sight, skin, flesh, and bones…”
(Sahih Muslim Hadith No-2645)
This is a long Hadith which clarifies that after forty-two days, the nutfah takes a human form and its destiny is written. This shows that terminating its existence after all this has happened is equivalent to killing it.
Ostensibly, it seems that the Hadith which mentions the breathing of the soul after one hundred and twenty days and the Hadith which mentions the creation after forty-two days contradict each other. But the reality is that there is no contradiction between them. The scholars have explained the reconciliation between them by stating that the angels are sent twice. The first time after forty-two days for the creation and shaping of the fetus, and the second time after one hundred and twenty days to breathe the soul into this new creation.
Some modern medical experts say that the classical scholars who permitted abortion in times of necessity before one hundred and twenty days did so based on the knowledge of their era. If they had been aware of the extraordinary scientific research of the modern age, they would never have given such a fatwa. The reality is that according to modern scientific research, the nutfah reaches the stage where it is granted human characteristics after only six weeks. This is the same thing that is mentioned in the aforementioned Hadith of Muslim.
Conclusion on the Degrees of Prohibition
Keeping in view both these Hadiths and the different opinions of the scholars, I have reached the conclusion that, in principle, abortion is impermissible (Na-Ja’iz) and Haram (forbidden). But this prohibition has several degrees.
Obviously, the prohibition of abortion in the early days of pregnancy is not as severe as it is after its creation begins (after forty-two days). After the soul is breathed in, abortion is absolute murder and a horrific crime. It can only be permitted in a state of extreme necessity, and that state of necessity is when not aborting would put the mother’s life in danger. The mother’s life has greater importance than the fetus. Therefore, saving the mother is more important than saving the child.
Ruling on Abortion for Physical Defects
According to some contemporary scholars, an extremely necessary situation also includes one where the fetus develops such a creative defect, i.e., a birth defect, that after birth, its life would become a misery and torment for it. Through ultrasound and other modern instruments, it can be determined before birth if the child has such a defect. If it is such that the entire life after birth would be a misery for the child, then abortion is permissible in such a case.
However, I do not agree with this opinion of these scholars because:
- When four months have passed, the fetus has the status of a living human being despite these creative defects and flaws. In such a situation, aborting it is tantamount to killing it.
- Despite medical examinations and doctors’ reports that the child has a creative defect, sometimes the child is born perfectly healthy and sound. I have seen such a case. What happened was that a person asked me for a fatwa, saying, ‘My wife has a five-month-old child in her womb, and according to the medical report, it has a creative defect. Can we abort it?’ I advised them to trust in Allah and not to abort. A few days later, I received a card from that newborn child. It said, ‘My benefactor! After Allah, I thank you a million times for saving me, otherwise my parents would have aborted me and killed me before birth.’ Therefore, in my view, it is not permissible to abort by considering the medical examination as the final word.
- Now medical science has advanced so much that these creative defects can be overcome through surgery, etc., after birth.
- If creative defects mean blindness and deafness, then these are not such defects that warrant permission for abortion. Many such blind and deaf people have passed who, despite this congenital defect, performed outstanding achievements and lived successful lives. And it is proven by experience that whomever Allah creates blind or deaf, He grants them some other extraordinary ability in return for this defect. Therefore, in my view, it is not permissible to abort due to such congenital defects.
In short, in my opinion, there is only one situation in which abortion can be permitted. That is if the mother’s life is endangered by not aborting. In such a case, the pregnancy can be terminated to save the mother’s life, because the mother’s life is, in any case, more important than the child’s life.
( ھذا ما عندی والله اعلم بالصواب)
(This is what I have, and Allah knows best what is correct)
(Fatawa Yusuf Al-Qaradawi)
(Medical Issues, Vol: 2, Page: 263)
(Muhaddith Fatwa)
Ruling on abortion before forty days due to fear for the mother’s or child’s life
A similar question was asked on the Saudi fatwa website islamqa.info:
Question: A woman, while breastfeeding her four-month-old child, found out she is two or three weeks pregnant. Is it permissible for her to have an abortion due to the apprehension caused by becoming pregnant again within four months? Furthermore, her newborn child is still in the breastfeeding period, and due to the pregnancy, she will not be able to breastfeed her child..?
Answer: The scholars responded to this as follows:
The jurists have different opinions regarding abortion before forty days. Many Hanafi and Shafi’i jurists, as well as Hanbali jurists, consider it permissible.
Ibn Rajab al-Hanbali (may Allah have mercy on him) says in “Jami’ al-‘Ulum wa al-Hikam”:
“It is narrated from Rifa’ah bin Rafi’ that: Companions of the Messenger of Allah (peace be upon him), including ‘Umar, ‘Ali, Zubair, and Sa’d, gathered with me, and a discussion on ‘azl’ [withdrawing during intercourse] began. Everyone said: ‘There is no harm in it.’ Upon this, a man said: ‘Some people say it is the minor form of burying alive (wa’d).’ ‘Ali (may Allah be pleased with him) replied: ‘It will not be counted as burying alive until it has passed seven stages: first, the essence (sulalah) of clay, then from it a nutfah (sperm-drop), then an ‘alaqah (clot), then a mudghah (chewed lump), then bones, then flesh, and then the creation of the rest of the organs.’ Upon this, ‘Umar (may Allah be pleased with him) said: ‘You have spoken the truth. May Allah grant you a long life.’ This narration is reported by al-Daraqutni in ‘al-Mu’talif wa al-Mukhtalif’.”
After this, Ibn Rajab (may Allah have mercy on him) says:
“Our jurists have clarified that when the nutfah becomes a clot (‘alaqah), it is not permissible for the woman to abort, because it (the nutfah) has now begun to take the form of a child. However, abortion is permissible in the nutfah stage, because the child’s form has not yet begun, and it is also possible that the nutfah may not take the form of a child at all.” End quote.
[Because if the nutfah becomes a clot, the child develops, and if it remains as a nutfah, the child does not develop. -Translator]
The resolution passed in the session of the Supreme Ulama Council states that:
1- Abortion is not permissible at any stage of pregnancy, except for a Shari’ah-based reason in a state of extreme severity and difficulty.
2- If the pregnancy is still in its first stage, i.e., the initial forty-day period, it is permissible to abort for a Shari’ah-based interest (maslahah) or to avoid greater harm. However, aborting during this period merely because of the hardship of raising children, or not being able to bear the expenses of their education and upbringing, or aborting because the existing number of children is sufficient, is not correct.” End quote.
“Al-Fatawa al-Jami’ah” (3/1055)
The Fatawa of the Permanent Committee (21/450) states:
“The default ruling is that abortion is not permissible at any stage without a Shari’Cah-based excuse. However, if the pregnancy is still a nutfah (in the initial forty-day period), and there is a Shari’ah-based interest or a risk of harm to the mother due to the pregnancy, then abortion is permissible. But it is not correct to abort due to the hardship of raising children, their expenses, and education, or due to a specific number of children being deemed sufficient, as these are not considered Shari’ah-based excuses.
And if the pregnancy has exceeded forty days, then abortion is Haram (forbidden), because after forty days the nutfah becomes an ‘alaqah (clot), and this stage is the beginning of human creation. Therefore, after reaching this stage, abortion is not permissible. However, if a team of reliable medical experts opines that continuing the pregnancy poses a threat to the mother’s life, and if the pregnancy continues, the mother’s life will be in severe danger, then abortion is permissible in such a case.” End quote!
Regarding the situation mentioned in the question, it appears that abortion is permissible, because in the case of a continuous pregnancy, there is a risk of harm to the mother and the breastfeeding infant.
And Allah knows best.
(Source: Islam – Question and Answer)
((( والله تعالیٰ اعلم باالصواب )))
(((And Allah Almighty knows best what is correct)))
