Islamic Ruling on Abortion in Cases of Pregnancy Outside of Marriage

Abortion in Islam: Understanding the Ruling on Pregnancy Outside of Marriage

Ruling on Abortion in Cases of Pregnancy Outside of Marriage

Question: He says that my brother is asking about a woman who is pregnant without a legitimate marriage contract, and she wants to terminate the pregnancy. The pregnancy has reached one month and twenty days, which is before the soul is breathed into the fetus. Is it permissible for her to do so? 

Sheikh ’Abdulḥamīd Az-Zu’kari ḥafidhahullāh:

Abortion is not permissible, whether before or after the soul is breathed into the fetus. Abortion is prohibited, even if doctors recommend it (1). The woman should be left to her fate. If Allāh wills, He may grant her and her fetus well-being. If Allah wills, He may take her life and that of her fetus, for your Lord creates and chooses as He pleases, and He is not unjust to His servants.

As for after the soul is breathed into the fetus, there is consensus that it is absolutely forbidden to harm it. Before the soul is breathed in, there is some difference of opinion. The view of Sheikh Ibn Baz is that if a trustworthy doctor determines that the fetus’ survival poses a danger to the mother’s life, only then may it be terminated. However, the correct opinion is the first view, as thoroughly explained by Sheikh Ibn ’Uthaymeen (may Allāh have mercy on him) in a beneficial and blessed manner – [that abortion is prohibited in all cases].

As for the woman who has committed fornication, she must bear the consequences of her crime and endure any insult or punishment she may face, including the legal penalty if applicable. This fetus may, by Allāh’s will, bring blessings, and it may become a source of benefit for her, potentially inheriting from her and vice versa. It may even support her in the future. 

If the man who committed fornication wishes to marry her to protect her reputation, there is no harm in him doing so, and he may consummate the marriage. The Prophet ﷺ only forbade a man from watering the crops of another, but did not prohibit him from consummating a marriage if the child is his.

Regarding the marriage contract, Sheikhul Islam Ibn Taymiyyah ruled that the pregnancy resulting from fornication does not affect the validity of the contract, even if it occurred as a result of corruption. But if the child is not his, it is forbidden for him to consummate the marriage until she gives birth. If the child is his, then consummation is permissible, as the ḥadīth that prohibits such actions applies only to a child that is not his. The Prophet ﷺ said, 

((لَقَدْ هَمَمْتُ أَنْ أَلْعَنَهُ لَعْنَةً تَدْخُلُ مَعَهُ فِي قَبْرِهِ)) 

“I nearly cursed him with a curse that would accompany him to his grave.”

It is also prohibited for doctors and medical professionals to assist in abortions or to terminate pregnancies simply based on such claims. Allāh has only commanded us to cooperate in righteousness and piety, not in sin and transgression. May Allāh help us.