Alsiraj Official Website

The Quran teaches that on the Day of Judgment parents who killed their children will be under trial for that crime, and their children will be witnesses against them (Quran 81:8-9).

People often fear that having more children will make them poor. In reply to that, the Quran says:
''Do not slay your children for fear of poverty. We shall provide for them and for you''(Quran 17:31).

Even in a case where one is already poor, the Quran insists that Allah will provide sustenance for us and for our children, and furthermore that Allah has made human life sacred (see Quran 6:151).

The right to life is God-given. No human should take away that right. The general rule, therefore, is that abortion is not permitted in Islam.

However, Islam is a very practical religion. It includes principles to deal with exceptional cases. One such principle is that when a pregnancy threatens the life of the mother, an abortion may be performed. Although the lives of both mother and child are sacred, in this case it is better to save the principal life, the life of the mother. Even in this case, it would be better if the abortion is done before the fetus is 120 days old, for that is when the soul is breathed into the fetus.

This Fatwa is by the European Council for Fatwa and Research
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)

When Is Abortion Permitted?
1. When the Pregnancy threatens the mother’s life
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. 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."

2. In case of Rape
The following is the fatwa issued by the prominent Muslim scholar, Sheikh Yusuf Al-Qaradawi: (This fatwa was issued concerning the rape cases of Bosnian Muslim Women and was given on February 2, 2002).
“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, 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 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." Allah Almighty knows best.

3. Is it permissible to abort pregnancy of a disabled fetus?
Islamic scholars allowed abortion of a dangerously disabled fetus BEFORE the fetus is 120 old provided that this is confirmed by trusted doctors after carrying out all the necessary tests that prove the incurable dangerous deformation of the fetus. Abortion at this point is allowed provided that both parents agree to it.
To read the resolutions fully please visit: Islamic Fiqh Council Resolutions

For any feedback or suggestions please contact us at.

• feedback@alsiraj.net

For any Questions please contact us at.

• questions@alsiraj.net