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Womens' Rights in Islam

Abortion in Islam

Abortion is a long disputed case every where on earth nowadays, this is not the case in the Islamic world because Islam was very clear in this issue. Islam’s vision in abortion is based on a profound rule in Islam which is the high respect for the human life of both mother and fetus. You can actually read full books written on Abortion rules in Islam and it’s various cases. To be brief we will discuss the general rule and the most common cases that will give you a clear vision of the Islamic opinion in this critical long-disputed case.

The general rule
To know the exact Islamic opinion on abortion we chose the following religious opinion (Fatwa) from the web site Islam online. http://www.islamonline.net/

The European Council for Fatwa and Research, issued the following fatwa:
Indeed, 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.

Given the above, since the abortion was done in the case in hand before the fetus was 120 days old, then no compensation is liable. However, it remains a sin, which one should ask forgiveness for and promise never to commit again. If the mother wishes to give in charity besides all this, then that is even better. Allah Almighty says in the Qur'an: (Verily, the good deeds omit the bad deeds… ) (Yunus 10: 114)

Also in the following fatwa (http://www.islamonline.net/) you will read the opinion of the eminent Muslim scholar, 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 (unlawful). 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."

Also there is another fatwa issued from Dar AlEftaa (the house of fatawa) of Egypt, fatwa number 818 at 04/12/1980 by Sheikh Gad AlHak Ali Gad Alhak who was the head of AlAzhar Sheikhs, he died in 1996. It can be simply explained as follows:

The main issue here is the pregnancy stage, after 120 days of pregnancy the fetus’ spirit is breathed into him and so it becomes a living human. So Islam’s opinion on Abortion is divided into 2 categories:

Abortion before 120 days (4 months) of pregnancy
Muslim scholars allowed abortion in this stage but it is considered hateful

Abortion after 120 days (4 months) of pregnancy
In this stage abortion is totally forbidden as long as there is no necessity for that and is considered murdering a living soul. The Holy Quran says:

"And they who do not call upon another god with Allah and do not slay the soul, which Allah has forbidden except in the requirements of justice, and (who) do not commit fornication and he who does this shall find a requital of sin" (Alforkan:68)

Consequently, abortion after 4 months requires the penalty of compensation

When is abortion allowed in Islam
1. Endangering the Mother’s Life
Abortion can be allowed without an penalties and in any stage if it endangered the mother’s life. In this case Muslim scholars considered the general rule that if there are 2 harms choose the one with the least effect. The mother’s life here is considered more important as she is a complete being with responsibilities.

2. Rape
Here we have to read an important fatwa regarding fetus resulting from rape. You can read the fatwa by Sheikh Yusuf Al-Qaradawi at: http://www.islamonline.net/ (This fatwa was issued concerning the rape cases of Bosnian Muslim Women and was given on February 2, 2002).

As regards your question, the following is the fatwa issued by the prominent Muslim scholar, Sheikh Yusuf Al-Qaradawi:

"Many Muslim women have become a target for the scavenging wolves of humanity, who do not fear Allah or any deterrent.

Any woman who, despite doing her utmost to resist these thugs and their ilk, is raped is not guilty of any sin, for the situation is beyond her control, and anyone who is forced to do something is not guilty of sin, even in case of kufr (Disbelief), which is worse than adultery, as Allah says: "Except him who is forced thereto and whose heart is at rest with Faith…" (An-Nahl: 106)

The Prophet (peace and blessings be upon him) said: 'Allah has forgiven for my Ummah (people) their mistakes, what they forget and what they are forced to do.' (Reported by Ibn Majah)

Any Muslim woman who has fallen prey to a rapist will be rewarded for bearing this calamity with patience, if she seeks Allah’s reward for the harm that has befallen her. The Prophet (peace and blessings be upon him) said "No stress or exhaustion befalls the Muslim, nor worry or distress, even a thorn which pricks him, but Allah will expiate for his sins because of that." (Reported by Al-Bukhari)

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.

With regard to abortion, the basic principle concerning abortion is that it is unlawful (haram), as I have clarified in previous fatwas; it is not allowed from the moment of conception when it becomes a new being and is placed in a place of safety, i.e., the womb, even if this being is the result of an unlawful relationship such as adultery. In the case of the Ghamidi woman who had confessed to adultery and thus the punishment of stoning became obligatory, the Messenger (peace and blessings 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.

The above is the trend I follow in my fatwas on this issue in normal cases. But there are some jurists 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.

Despite the above-mentioned view which I follow, there are some exceptional cases in which one may adopt one of the latter views, and the stronger the excuse, the clearer the reason for the dispensation is, and if that is within the first forty days, it means that the dispensation is more appropriate.

Undoubtedly raping a Muslim woman by an evil enemy is a strong reason for the victim and for her family to have an abortion, for she will hate this fetus, the result of this iniquitous attack, and she will want to get rid of it. So this dispensation is to be given because of necessity, especially in the first days of the pregnancy. But this case of necessity should be determined by religious scholars, doctors and people of wide experience and wisdom. Otherwise, the original rule (of prohibition) should be applied.

Moreover, there is nothing wrong with a Muslim woman who has suffered this disaster to keep the fetus without getting 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 be upon him) said: 'Every child is born with a true faith (i.e., to worship none but Allah alone).' (Reported by al-Bukhari) It has been stated in the books Fiqh (Islamic Jurisprudence) 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."

Is it permissible to abort deformed fetus
Before the first 4 months (before breathing soul into it)
In this stage abortion is allowed if it became evident using all possible scientific means that the fetus has dangerous genetical deformations that would not allow him to live a normal life and that these deformations would be transmitted to his descendants.

The appearance of deficiencies that can be treated medically or surgically or deficiencies that would not prevent the fetus from living a normal life is not considered an excuse to allow abortion.

After the first 4 months (After breathing soul into it)
Abortion is strictly forbidden at this stage even if it was evidently proved that the fetus had genetical deformations or diseases because at this stage he is considered a living human and it is not acceptable to kill a human being just because he has a deformation or a disease.

This rule can not be broken unless in one case, if the pregnancy proved to threat the mothers life, at that time abortion is allowed regardless of the stage of pregnancy.