" Fiqh- Islamic Jurisprudence "
Is Abortion Permissible?
If it could be detrimental for a woman’s health condition to have a baby, would it be a sin for her to have an abortion if she got pregnant? Also what about in the case of rape or incest? Is it ever acceptable to have an abortion?
Ulama agree that it is absolutely haram to abort the fetus after 120 days, this makes 4 months. But there are disagreements between ulama whether the abortion of a fetus before 120 days is permissible. The most cautious view is that it is not permissible to abort the fetus after insemination unless there is an extreme necessity (darurah). Because oosperm starts to form 42 nights after it falls in the womb. And its heart starts functioning in the 6th week.
Abortion is absolutely rejected unless there is a necessity; irrespective of how old the fetus is, and if there is a necessity then age of the fetus is accounted, because if anyone causes damage to the pregnancy in causing miscarriage or abortion, then there will be a penalty called 'ghurrah', which is 1/10 of the full diyah (compensation) for accidental killing. (This amount used to be equivalent to 100 camels).
For killing the fetus, the compensation would be 10 camels. (Refer to the Prophet's (peace be upon him) saying that the penalty for killing a fetus is compensation should be paid to the mother by the family of the perpetrator. (Narrated by Bukhari and Muslim)
They asked from Ali ibn Ahmad: “What do you say to abort a child before it is formed?”
He answered: “If the woman is free then it is not permissible. But if she is a Jariyah (slave), then there is disagreement on this. The most authentic one is to forbid her aborting the child.” (Fatawa-I Hindiyya)
Ulama allowed abortion or miscarriage only in these following conditions:
• One is when a medical situation threatens the life of the mother, leaving only two options, to let either the other or the fetus survive, but not both. Scholars argue that such a case can only be determined by a specialist, trusted and committed Muslim doctor. They argue that the mother can have other children, whereas the child cannot make up for losing the mother. Only when expert doctors declare with reasonable certainty that the continuation of pregnancy will endanger the woman's life and the organs of the child are not formed. These two conditions in this article must exist together. This means; if the organs of the fetus that is proved to do harm to the mother’s life are formed (that is bigger than 120 days), then it cannot be aborted, abortion of it is murder. So there are two conditions of this condition to abort it; both it endangers the mother’s life and its organs are not formed.
• A pregnant woman who is breast-feeding to another baby can have an abortion, if the mother is still nursing an infant and fears that her milk may run out during the new pregnancy. But this can be done again only if the organs of the fetus are not formed.
Moreover; some of the ulama said that it is permissible to abort a fetus which is from a rape or incest again before the organs of the fetus are not formed:
“An unlawful fetus can be aborted before its organs are formed in mother’s womb.” (Halil Gunenc, Fatawa on nowadays’ issues)
The Oosperm is formed after 42 nights it settled in the womb
Narrated Anas bin Malik:
The Prophet said, “At every womb Allah appoints an angel who says, ‘O Lord! A drop of semen, O Lord! A clot. O Lord! A little lump of flesh.” Then if Allah wishes (to complete) its creation, the angel asks, (O Lord!) Will it be a male or female, a wretched or a blessed, and how much will his provision be? And what will his age be?’ So all that is written while the child is still in the mother’s womb.” (Bukhari Volume 1, Book 6, Number 315)
Narrated 'Abdullah bin Mus'ud:
Allah's Apostle, the true and truly inspired said, "(The matter of the Creation of) a human being is put together in the womb of the mother in forty days, 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. He is ordered to write down his (i.e. the new creature's) deeds, his livelihood, his (date of) death, and whether he will be blessed or wretched (in religion). Then the soul is breathed into him. So, a man amongst you may do (good deeds till there is only a cubit between him and Paradise and then what has been written for him decides his behavior and he starts doing (evil) deeds characteristic of the people of the (Hell) Fire. And similarly a man amongst you may do (evil) deeds till there is only a cubit between him and the (Hell) Fire, and then what has been written for him decides his behavior, and he starts doing deeds characteristic of the people of Paradise." (Bukhari Volume 4, Book 54, Number 430) Kaynak: http://askaquestionto.us - Is Abortion Permissible?