(#148)
Country: New Zealand
Question
Al salam alykom, I have a brother living in japan where they suffer from the low income, he works and his wife also working and they barely cover there house needs from food and rent for them and two children. They just figured out the she is pregnant in twins in week 7 or 8 which means she might have to stop working soon as she is working in heavy active job that can’t be done by pregnant woman. If she stop working means no enough income to cover the rent and food. So they are asking if they can do abortion due to there current living issues? They asking if it is Haram or not? Gazakom allah khyran
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We have received your query dated 26/07/2022, our response is as follows:
In terms of Shar’iah, under normal circumstances, it is NOT permissible to abort a foetus, whether is it is prior to ensoulment or after.
If abortion is done AFTER ensoulment[1], then there is no doubt about its prohibition, which is why ALL the scholars of Islam have unanimously condemned such a ghastly act. Abortion after ensoulment is tantamount to cold blooded murder as it results in the snuffing out of an innocent life.
Prior to ensoulment, although one may argue that abortion of the foetus can not be equated with taking a life, it will still NOT be permissible in terms of Shari’ah to carry out an abortion, UNLESS there is a valid Islamically acceptable excuse for doing so: for instance if the pregnancy was precipitated by rape or if continuing the pregnancy endangers the life of the mother.
The reason why (under normal circumstances), abortion prior to ensoulment will NOT be permitted is that, although there may not yet be life in the foetus, that foetus is considered to be part and parcel of the mother’s body as long as it remains in the womb. Thus, just as one’s very life and also all the limbs and organs of the human body are an Allah-given trust (i.e. one is NOT the owner of these limbs and organs), so too is the foetus also a trust given to the mother by Allah Ta’aala. Thus, she will have NO right to carry out an abortion.
In fact, the Jurists of Islam have written that once SOME of the limbs of a foetus begin to appear, then even though the foetus is still incomplete and even though ensoulment may not have taken place as yet, then too, if a person has to strike a woman’s stomach causing a miscarriage, that person will have to compensate for the loss by paying the SAME amount of blood-money that is normally due for causing the miscarriage of a completely-formed foetus. The following extracts from the books of Fiqh confirm and corroborate this:-
“The status of a partially formed foetus is akin to that of a completely-formed foetus.”
[ As-Shaami, Vol. 5, Pg. 519; Durarul-Ahkaam Li-ibnil-Hazm, Vol. 12, Pg. 378 ].
“If a person strikes the stomach of a pregnant woman in a way that causes a miscarriage, then whether the foetus is partially or completely formed, all the scholars agree that the perpetrator will be held liable for the loss of the foetus and will have to compensate by paying its blood-money. This is due to the fact that he has extinguished the progress of a foetus that had the potential of life.
[Jadeed Fiqhi-Masaa’il, Pg. 161 quoting from Fatawaa Qadhi Khaan]
Just as a person striking a woman’s stomach is obliged to compensate for the loss of the aborted foetus, similarly too will a woman advertently aborting her own foetus also be liable for compensation. The following text bears this out:-
“If a woman uses medication or other means with the express intention of aborting her foetus, she will be liable to pay its compensation in the form of blood-money.”
[Fataawa Qadhi Khan, Vol. 4, Pg. 392].
It can be deduced from the above extract that, as the foetus is an Allah-given trust, neither is a woman permitted to abort her own baby, nor has she the right of permitting a doctor etc. to carry out the abortion. Even though it may be argued that prior to ensoulment, there is no human life, one has to acknowledge that the potential and seed of life is being extinguished from the foetus.
From the foregoing discussion, it is manifest that the impermissibility of abortion is NOT dependant upon ensoulment of the foetus. Hence, whether ensoulment has taken place or not, in both cases, Shar’iah would forbid the abortion of the foetus. The only difference would be in the level and degree of the sin incurred by the act of abortion. If ensoulment has taken place already, it would be tantamount to taking human life and if ensoulment has NOT taken place, then it would mean violating the rights of a human organ entrusted to the mother by Allah Ta’aala.
Thus, the discussion of ensoulment or non-ensoulment of the foetus would only come under the spotlight when the degree of the sin is being evaluated. The accepted view amongst the Ulema is that ensoulment takes place at 120 days (4 months) from conception. Thus, abortion after this period would be a very grievous sin and would be tantamount to cold-blooded murder. Although the degree of sin in carrying out abortion prior to 120 days may not be as serious, it will still nevertheless be a sin and hence condemned and prohibited.
It is pertinent to point out here too, that there are certain extreme circumstances wherein Islam would permit abortion; such as for instance, when a woman conceives after being raped or if a major complication occurs during her pregnancy that puts her very life in danger. HOWEVER, such permission would ONLY be permitted BEFORE ensoulment (i.e. before 120 days) and NOT thereafter. AFTER ensoulment even if the mother’s life is in danger, it will NOT be permissible to abort the baby if the baby is living in the womb, as one cannot take one life in order to save that of another. Yes, if for some reason, the baby has died in the womb, then it would be permissible to abort the baby in order to save its mother’s life. The following text bears this out:-
“If a complication occurs with the baby in its mother’s womb, and the complication is of a nature that endangers the mother’s life, then, it will have to be seen: if there is no other way of removing the baby except by removing it bit by bit (which is normally the inhumane abortion procedure), then if the baby is already dead in the womb, it will be permissible to abort the baby. If on the other hand, the baby is alive, then it will NOT be permissible to abort the baby even if it means endangering the mother’s life; because it is NOT permissible to take an innocent life (that of the baby) in order to save another life (that of the mother).
[Fataawa Qaadhi Khan, Vol. 4, Pg. 369].[2]
Thus in conclusion it will not be permissible for the pregnant woman mentioned in the question to abort the child.
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
30th Zhul Hijjah 1443
30th July 2022
Checked and approved by:
(Mufti) Musayyab Sahib
30th Zhul Hijjah 1443
30th July 2022
[1] The moment the soul enters the human being
[2] Answer taken from Darul Ifta Azaadville Archives
