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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 edit sayyid al sabiq author of fiqh al sunnah has summarized the views of the classical jurists in this regard in the following words abortion is not allowed after four months have passed since conception because at that time it is akin to taking a life an act that entails penalty in this world and in the hereafter as regards the matter of abortion before this period elapses it is considered allowed if necessary however in the absence of a reasonable excuse it is detestable a legal category meaning discouraged but not forbidden the author of subul ul maram writes a woman s treatment for aborting a pregnancy before the spirit has been blown into it is a matter upon which scholars differed on account of difference of opinion on the matter of azal i e measures to hinder conception those who allow azal consider abortion as allowable and vice versa the same ruling should be applicable for women deciding on sterilization imam ghazzali opines induced abortion is a sin after conception he further says the sin incurred thus can be of degrees when the sperm enters the ovaries mixes with the ovum and acquires potential of life its removal would be a sin aborting it after it grows into a germ or a leech would be a graver sin and the graveness of the sin increases very much if one does so after the stage when the spirit is blown into the fetus and it acquires human form and faculties 26 threat to the woman s life edit on the issue of the life of the woman muslims universally agree that her life takes precedence over the life of the fetus this is because the woman is considered the source of life while the fetus is only potential life 27 muslim jurists agree that abortion is allowed based on the principle that the greater evil the woman s death should be warded off by the lesser evil abortion the physician is considered a better judge than the scholar in these cases 28 according to the twelvers there is consensus among ayatollahs that abortion is allowed only when it is medically proven that the life of a mother is in danger other than that before or after 120 days abortion is always forbidden no matter the circumstances such as problems with the fetus or poverty etc 29 rape edit main article rape in islamic law in the modern day most islamic jurists hold a position similar to that of the hanbali school permitting 120 days when pressing matters such as rape are present 23 following the mass rapes of bosnian and albanian women by serb soldiers in the 1990s the grand mufti of palestine ekrima sa id sabri took a different position than mainstream muslim scholars he ruled that muslim women raped by their enemies during the kosovo war could take abortifacient medicine because otherwise the children born to those women might one day fight against muslims 30 fetal deformity edit some sunni muslim scholars argue that abortion is permitted if the newborn might be sick in some way that would make its care exceptionally difficult for the parents e g deformities mental handicaps 31 30 need quotation to verify widely quoted is a resolution of the saudi led jurisprudence council of mekkah al mukaramah the muslim world league passing a fatwa in its 12th session in february 1990 this allowed abortion if the fetus was grossly malformed with an untreatable severe condition proved by medical investigations and decided upon by a committee formed by competent trustworthy physicians provided that the parents request abortion and the fetus is less than 120 days computed from the moment of conception 32 abortion in islamic countries edit there are 57 members in the organization of islamic conference an organization of countries with muslim majorities or pluralities most muslim countries have restrictive abortion laws that permit abortions only when the life of the mother is threatened twelve members of the organization of islamic conference allow unrestricted access to abortion except for turkey and tunisia they are mainly former soviet bloc states bahrain a politically and socially conservative muslim state is the 12th among these countries to permit unrestricted access to abortion among socially conservative muslim countries seven countries allow abortion in the first four months of gestation for fetal deformities four countries in sub saharan africa benin burkina faso chad and guinea and three in the middle east kuwait qatar and now iran 33 see also edit ensoulment in islam islamic feminism notes edit physicians calculate the age of pregnancy from the last period which is roughly two weeks prior to conception therefore 134 days into the pregnancy according to physicians is the 120 day mark in terms of islamic rulings 23 references edit 1 2 saleem shafaat 2022 03 22 abortion laws in the islamic republic of pakistan to what extent do social policies cater to human rights lse human rights blog retrieved 2025 11 28 1 2 3 molina alejandra 2021 09 04 comparing texas abortion ban to islamic law is inaccurate perpetuates islamophobia experts say religion news service retrieved 2021 10 09 opinions vary over when a pregnancy can be terminated 1 2 3 weigl constanze 2010 reproductive health behavior and decision making of muslim women an ethnographic study in a low income community in urban north india lit verlag münster p 199 isbn 978 3 643 10770 1 the matter of the creation of a human being is put together in the womb of the mother in 40 days some say 120 and then he becomes a clot of thick blood for a similar period and then a piece of flesh for a similar period then allah sends an angel who is ordered to write four things then the soul is breathed into him sahih al bukhari 4 54 430 1 2 hedayat k m shooshtarizadeh p raza m 1 november 2006 therapeutic abortion in islam contemporary views of muslim shiite scholars and the effect of recent iranian legislation journal of medical ethics 32 11 652 657 doi 10 1136 jme 2005 015289 pmc 2563289 pmid 17074823 shapiro gilla k 1 july 2014 abortion law in muslim majority countries an overview of the islamic discourse with policy implications health policy and planning 29 4 483 494 doi 10 1093 heapol czt040 pmid 23749735 the world s abortion laws center for reproductive rights 2023 02 01 retrieved 2023 04 04 1 2 hessini leila 2007 abortion and islam policies and practice in the middle east and north africa reproductive health matters 15 29 75 84 doi 10 1016 s0968 8080 06 29279 6 issn 0968 8080 pmid 17512379 s2cid 44503130 mccamon sarah may 8 2022 when does life begin religions don t agree npr org retrieved 2022 05 10 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