Muslim views on abortion are shaped by Hadith (the words, actions, and the silent approval of the Islamic prophet Muhammad as transmitted through chains of narrators), as well as by the opinions of legal and religious scholars and commentators. The Quran does not directly address intentional abortion, leaving greater discretion to the laws of individual countries. Although opinions among Islamic scholars differ over when a pregnancy can be terminated, there are no explicit prohibitions on a woman's ability to abort under Islamic law.[1] [2]
Each of the four Sunni Islam schools of thought—Hanafi, Shafi'i, Hanbali, and Maliki—have their own reservations on if and when abortions are permissible in Islam. The Maliki school holds that "the fetus is ensouled at the moment of conception" and 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 a living 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 an abortion within 120 days is makruh (disapproved, i.e., discouraged).[3] All Islamic schools of thought agree abortion is recommended when the mother's life is in danger, because the mother's life is paramount.
In Shia Islam, abortion is "forbidden after implantation of the fertilised 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.
American academic Azizah Y. al-Hibri claims that "the majority of Muslim scholars permit abortion, although they differ on the stage of fetal development beyond which it becomes prohibited."[6] According to Sherman Jackson, "while abortion, even during the first trimester, is forbidden according to a minority of jurists, it is not held to be an offense for which there are criminal or even civil sanctions."[7]
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.[8] In 18 of the 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 prohibits abortion under any circumstance.[9] In others, abortion is permitted under certain circumstances besides preserving the mother's life, such as preserving her mental health, cases of foetal impairment, incest or rape, and social or economic reasons.
A majority of 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,[10] but afterwards a termination of life.These views towards abortion are still referenced and used by several modern Islamic theologians and scholars.
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 determining when life begins.[11] Several contemporary Muslim writers have also stated that premodern Islamic scholars were more tolerant on abortion.[12]
The controversial 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)".[13] A verse in the Quran refers to pregnant women who abort their pregnancies upon the Day of Judgment.[14]
There were no medical abortions in the time of Muhammad, the Prophet of Islam, but a number of Hadith deal with situations where a pregnant woman lost an unborn child, often by being struck in the belly.
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.
In Sunni Islam, the period when a fetus becomes ensouled can vary within the same madhhab even if consensus exists.
Most schools consider abortion permissible if the pregnancy poses a physical or psychological harm to the mother. Socio-economic factors or the presence of fetal anomalies is also viewed as justifiable reasons to abort in many schools. 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.[17] [18]
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 of the Quran and authentic Sunnah proves that abortion is prohibited in all cases, no matter the stage[19] :
ISSUE: What of the woman who intentionally aborts her child?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 goes further and states that if the child was 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 on them if done by accident.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.[20]
Although strict literalism in Islamic law has been known to be the most lenient compared to other schools of thought,[21] it is not a school of leniency. Sometimes, such as in the case of abortion, Zahiri scholars have very strict positions when interpreting the Quran and Sunnah at face value.
Other than literalist scholars, more Salafi scholars such as Muhammad ibn Salih Al-Uthaymeen prohibited abortion entirely.[22] Although Ibn Uthaymeen was a Hanbali scholar and some Hanbali scholars permitted abortion before 120 days of gestation, he himself found it prohibited in all cases due to the womb being referred to as a "secure abode" (قرار مكين), as mentioned within the Quran (77:21).
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.
If the mother were to be certain 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 problem in this scenario, even if it is certain 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.
Among Muslims, the permissibility of abortion depends on factors such as time and extenuating circumstances.
In Shia Islam, abortion is "forbidden after implantation of the fertilised 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]
The four Sunni schools of thought have differing perspectives in which parts of gestation where abortion is permissible. It is important to note that Malikites and Zahirites do not permit abortion in any of the stages of gestation.
| Nutfa (sperm) | 0-40 days after conception | Yes[23] | Majority yes | Some | No | No |
| |
| 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 after conception | No | No | No | No | No |
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Sayyid al-Sabiq, author of Fiqh al-Sunnah, has summarized the views of the classical jurists in this regard in the following words:
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 "original source of life," while the fetus is only "potential" life.[25] 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]." In these cases the physician is considered a better judge than the scholar.[26]
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.).[27]
See main article: Rape in Islamic law. Some Muslim scholars have held that the child of rape is a legitimate child and thus it would be sinful to kill this fetus. Scholars permit its abortion only if the fetus is less than four months old, or if it endangers the life of its mother.[28]
Muslim scholars were urged to make exceptions in the 1990s following the rape of Bosnian and Albanian women by Serb soldiers. In 1991, 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.[28]
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).[6] [28] 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 held in February 1990. This allowed abortion if the fetus was grossly malformed with untreatable severe condition proved by medical investigations and decided upon by a committee formed by competent trustworthy physicians, and provided that abortion is requested by the parents and the fetus is less than 120 days computed from moment of conception.[29]
In all, there are 57 members in the Organization of Islamic Conference—an organisation 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. With the exception of 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 permit 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).[30]