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es toggle the table of contents islam and abortion 5 languages العربية বাংলা فارسی français bahasa indonesia edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia islamic views on abortion part of a series on islam beliefs oneness of god angels holy books prophets judgement day barzakh predestination resurrection heaven hell practices profession of faith prayer almsgiving fasting pilgrimage texts foundations quran sunnah hadith hadith qudsi sirah tafsir exegesis ijtihad aqidah creed qisas al anbiya stories of the prophets mathnawi poems fiqh jurisprudence sharia law history timeline jahiliyyah muhammad ahl al bayt early muslims salaf companions second generation third generation succession to muhammad rashidun caliphate imamate spread of islam shia sunni relations culture and society academics animals art association football calendar cats censorship children circumcision democracy demographics diaspora denominations sunni shia ibadi economics education ethics exorcism feminism finance friday prayer halal holidays liberalism madrasa moral teachings mosque multiculturalism music mysticism philosophy poetry politics proselytizing science sexuality lgbtq slavery concubinage social welfare women related topics arabic apostasy criticism muhammad quran hadith golden age other religions islamism islamophobia jihad jihadism salafi jihadism deobandi jihadism military laws peace pacifism muslims glossary index outline islam portal v t e muslim views on abortion emphasise the sanctity of life drawing on qur anic guidance and the interpretations of religious scholars abortion being defined as the killing of the foetus and its removal from a pregnant woman s womb 1 verses discouraging the taking of innocent life such as qur an 5 32 and 17 31 are frequently applied to the issue leading most jurists to consider abortion a form of unjust killing and therefore forbidden 1 despite this the qur an s failure to address human abortion explicitly has led to differing opinions among islamic scholars 2 each of the four sunni islam schools of thought hanafi shafi i hanbali and maliki have their reservations on if and when abortions are permissible 3 the maliki school holds that the fetus is ensouled at the moment of conception thus most malikis do not permit abortion at any point seeing god s hand as actively forming the fetus at every stage of development 3 the sahih al bukhari book of hadith writes that the fetus is believed to become with soul after 120 days gestation 4 therefore some hanafi scholars believe that abortion before the hundred twenty day period is over is permitted though some hanafi scholars teach that abortion within 120 days is makruh disapproved i e discouraged 3 all islamic schools of thought agree that the mother s life is paramount and in the case of a life threatening pregnancy separation of the mother and unborn child may be necessary in shia islam abortion is forbidden after implantation of the fertilized ovum the leader of the iranian islamic revolution ayatollah khomeini declared that shari a forbids abortion without any reason even at the earliest possible stage 5 a position shared by other shiite scholars in the 47 countries of the world with muslim majority populations access to abortion varies greatly in many abortion is allowed when the mother s life is at risk 6 in 18 countries including iraq egypt and indonesia this is the only circumstance where abortion is permitted in another ten countries it is allowed on request mauritania however prohibits abortion under any circumstance 7 history edit most scholars during the medieval age viewed 120 days after conception as a crucial dividing line in the development of the fetus the time when the fetus became ensouled becomes a living soul and thus a live human being abortion before this point was permissible according to islamic law scholar abed awad 2 8 but after this period it was considered a termination of life these views toward abortion are still referenced and used by several modern islamic theologians and scholars 2 according to religious studies scholar zahra ayubi historically muslim thought was more concerned with the topic of preservation of human life and safeguarding of the mother s life than with determining when life begins 9 several contemporary muslim writers have also stated that pre modern islamic scholars were more tolerant of abortion 10 the hanbali jurist ibn taymiyyah stated in his fatwa collection fatawa ibn taymiyyah aborting a fetus has been declared unlawful haram with the consensus of all the muslim scholars it is similar to burying an infant alive as referred to by allah almighty in the verse of the qur an and when the female infant buried alive will be asked as to what crime she was killed for surah al takwir verse 8 11 a verse in the quran refers to pregnant women who abort their pregnancies upon the day of judgment 12 hadith and abortion edit this section needs more citations please help improve this section by adding citations to reliable sources unsourced material may be challenged and removed april 2011 learn how and when to remove this message there were no medical abortions in the time of muhammad the prophet of islam still several hadith dealt with situations where a pregnant woman lost an unborn child often by being struck in the belly citation needed in at least the hadith mentioned below all are sound hadith of sunni islam muhammad would declare the proper diya monetary compensation in islamic law for bodily harm or property damage for the woman s loss in each case the compensation was a slave thus indicating that the value of an unborn child was another human being relevant excerpts edit allah s messenger gave a verdict regarding an aborted fetus of a woman from bani lihyan that the killer of the fetus should give a male or female slave as a diya but the woman who was required to give the slave died so allah s messenger gave the verdict that her inheritance be given to her children and her husband and the diya be paid by her asaba hadith sahih al bukhari book 87 hadith 47 13 narrated abu hurairah umar consulted the companions about the case of a woman s abortion caused by somebody else al mughira said the prophet gave the verdict that a male or female slave should be given as a diya then muhammad bin maslama testified that he had witnessed the prophet giving such a verdict hadith sahih bukhari book 87 hadith 44 14 narrated al mughira ibn shu ba umar consulted the people about the compensation of abortion of woman al mughirah b shu bah said i was present with the messenger of allah when he gave judgement that a male or female slave should testify you so he brought muhammad b maslamah to him harun added he then testified him abu dawud said i have been informed that abu ubaid said it abortion is called imlas i e a man striking the belly of his wife because the woman causes it to slip before the time of delivery similarly anything which slips from the hand or from some other thing is called malasa slipped hadith sunan abi dawud book 41 hadith 77 15 narrated al mughira ibn shu ba umar asked about the decision of the prophet about that i e abortion haml b malik b al nabhigah got up and said i was between two women one of them struck another with a rolling pin killing both her and what was in her womb so the messenger of allah gave judgement that the bloodwit for the unborn child should be a male or a female slave of the best quality and then she should be killed abu dawud said al nadr b shumail said mistah means a rolling pin abu dawud said abu ubaid said mistah means a pole from the tent poles hadith sunan abi dawud book 41 hadith 79 15 narrated ibn abbas abortion in various schools of thought edit ensoulment edit in sunni islam the period when a fetus becomes ensouled can vary within the same madhhab even if consensus exists 120 days after conception the zahiris hanafi shi is zaydi and some shafi schools view the fetus as being ensouled at 120 days 80 days however other shafi schools set the ensoulment stage of a fetus at 80 days 40 days in the maliki and hanbali schools of thought ensoulment is placed at 40 days 16 better source needed conception the ibadi position states that a fetus becomes ensouled right at the time of conception 16 better source needed although zahiri scholars such as ibn hazm consider the fetus to be nothing before 120 days they still prohibit it from conception 17 other factors edit most schools consider abortion permissible if the pregnancy poses physical or psychological harm to the mother 16 better source needed socio economic factors or the presence of fetal anomalies are also viewed as justifiable reasons to abort in many schools 8 however islamic jurists in all schools state that abortion is permissible even after the ensoulment stage of a fetus if the mother s life is in danger 18 19 prohibition of abortion edit although most islamic scholars permit abortions there have been views going back to the early centuries that it is prohibited entirely a famous case besides the malikites prohibiting it are the literalists or zahirites ibn hazm was the most influential literalist scholar and led to the conclusion that the face value literal interpretation with everything included in the quran and authentic sunnah proves that abortion is prohibited in all cases no matter the stage 20 issue what of the woman who intentionally aborts her child ali i e ibn hazm said we narrated from abdullah bin rabi from abdullah bin muhammad bin othman from ahmed bin khaled from ali bin abdul aziz from al hajjaj bin al minhal from hammad bin salamah on the authority of al hajjaj on the authority of abda al dhabi what is the case if a woman was pregnant and intentionally went in her womb and aborted her child so ibrahim al nakha i responded she is obligated to emancipate a slave for her husband she is obligated to give ghurrah i e blood money for a dead fetus a male or female slave we narrated from muhammad bin saeed bin nabat from abd al aziz bin nasr from qasim bin asbagh from ibn waddah from musa bin muawiyah from waki from sufyan al thawri from al mugheerah bin maqsim on the authority of ibrahim al nakha i that he said what is the case if a woman drinks medicine and she has an abortion on that he responded she frees a slave and gives the father ghurrah abu muhammad i e ibn hazm said this is a very valid statement ali i e ibn hazm said if the soul weren t breathed into it then the ghurra would be upon her and if the soul was breathed into it if she did not intentionally kill him then the ghurra is also upon her and the atonement i e kaffarah is upon her but if she intentionally killed him then the qisas is upon her or ransom from her wealth but if she died in all of that before the fetus was born then she gave birth to it then the ghurrah is obligatory in all of that in the case of the accident upon the guilty perpetrator whether it was the mother or other than her likewise in the case of the intentional act before the breathing of the soul but if the soul has been breathed into it then the qisas is upon the perpetrator if it is someone other than her but if it is her there is no penalty no expiation and nothing at all this is because there is no judgment upon the deceased and his wealth has passed to someone else and with allah the success is sought 21 according to ibn hazm his view was supported since the 8th century by ibrahim al nakha i the basis for this prohibition is from the hadith of the aborted woman from bani lihyan however ibn hazm further states that if the child is more than 120 days old then it is a living being and human thus whoever kills the child by then is punished with either capital punishment or blood money with the blood money only being mandatory for them if done by accident although strict literalism in islamic law has been known to be the most lenient compared to other schools of thought 22 it is not a school of leniency sometimes such as in the case of abortion zahiri scholars have rigorous positions when interpreting the quran and sunnah at face value citation needed in his verdict ibn uthaymeen went into detail that before 120 days abortion only becomes permissible if the mother s life is in danger or if the fetus has a deformity that will harm it psychologically or harm its family however he made it clear that this is permissible only before 120 days of gestation and that it does not become permissible at all to abort it after 120 days even if the mother s life is in danger citation needed if the mother were to be sure to die ibn uthaymeen still held it impermissible to abort as he said that it is prohibited in islamic law to kill someone in this case the baby to save another person and in this case the mother he further said that this was the decree of god and that no one should find the problem in this scenario even if it is inevitable that both the mother and child would die and no one else would be responsible for their death however if someone were to abort the child and it dies then its death is upon the one who does the abortion citation needed when abortion is permissible edit in sunni islam there is disagreement on rulings between 40 and 120 days most scholars in the present era hold position similar to that of the hanbali school permitting abortion until 40 days and until 120 days when pressing conditions exist 23 in shia islam abortion is forbidden after implantation of the fertilized ovum as with other shiite scholars ayatollah khomeini declared that termination of pregnancy even at the earliest possible stage under normal circumstances without any reason is not allowed and that the shari a does not permit the abortion of a fetus 5 stage time period hanafites shafites hanbalites malikites literalists zahirites notes nutfa sperm 0 40 days after conception yes 24 yes yes no no among contemporary sunni scholars yasir qadhi states that abortion may be performed within the first 40 days of pregnancy for a very legitimate reason but is prohibited after that period at which point ensoulment occurs 25 the malikites strictly prohibit any means of birth control 23 alaqa blood clot 40 80 days after conception yes some some no no mudgha embryo 80 120 days after conception yes some some no no khalqan akhar spirit 120 days a after conception no no no no no it is unanimously agreed amongst scholars of all schools of thought ensoulment has occurred after 120 days though some e g ibn az zamlakâni ar do not equate ensoulment with embryogenesis the only exception is when birth would endanger the mother s life 23 after four months of gestation ed...
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