Abortion in Islam

There exists difference of opinion amongst the famous scholars of Islam about the permissibility of abortion in Islam. The difference of opinion about the abortion in Islam amongst scholars is based on Quran, Hadith and the event took place during the age of Sahaba R.A (The companions of Prophet SAWW). Referring to the question, is abortion allowed in Islam, to be very honest, the majority of the Islamic Jurist do not allowed abortion as a right of women, however, there are some condition in which according to some scholar or jurists, abortion is permissible. However, in Islamic jurists view, the abortion is not allowed after four months of gestation as the fetus is believed to become a living soul after it.

Abortion

Before taking op or adopting if abortion haram in Islam or is abortion allowed in Islam, let’s examine what actually abortion is. As according to WikiPedia the abortion is defined as “Abortion is the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo before viability”

Thus, abortion is termination of pregnancy irrespective of months of pregnancy took place. There are two types of abortions, miscarriage (An accident) or abortion by choice or purposely induced. However, an abortion due to an accident, miscarriage or for the objective to save the life of respective pregnant women is allowed unanimously, therefore, here the subject is, is abortion haram in Islam or how Islam views abortion which is purposely induced or took pace by choice.
 

Quranic Verses on Abortion

There is no direct verse of the holy Quran (Kuran) could be found addressing the subject of Abortion nor does it have used the word of Abortion. However, some scholars and jurist in Islam use different verses of Quran in the frame of abortion which actually are addressing unjust killings and the honor of human life as given below some of them. As Allah SWT says in the Holy Quran,

"And do not kill your children for fear of poverty: We give them sustenance and yourselves (too): surely to kill them is a great wrong." (17:31)

"...And do not slay your children for (fear of) poverty -- We provide for you and for them --- and do not draw nigh to indecencies, those of them which are apparent and those which are concealed, and do not kill the soul which Allah has forbidden except for the requirements of justice: this He has enjoined you with that you may understand." (6:151)
 

Hadith Addressing Abortion

There are numerous sayings reported from Prophet Muhammad SAWW addressing the issue of abortion. These hadiths directly address the issue of abortion the consequences, and punishment for abortion in Islam etc. however, all of them do not give definite ruling of abortion in Islam as different jurist interpret these ahadith in different meanings. Some of them are given as below.

There is a hadith in Sahih al-Bukhari, hadith number 8.732, narrated by Abu Hurairah R.A that Prophet SAWW says,

Allah's Apostle gave the judgment that a male or female slave should be given in Qisas for an abortion case of a woman from the tribe of Bani Lihyan (as blood money for the fetus) but the lady on whom the penalty had been imposed died, so the Prophets ordered that her property be inherited by her offspring and her husband and that the penalty be paid by her Asaba.

In another hadith, Umar bin Al-Khattab R.A asked (the people) about the Imlas of a woman, i.e. a woman who has an abortion because of having been beaten on her abdomen, saying,

"Who among you has heard anything about it from the Prophet?" I said, "I did." He said, "What is that?" I said, "I heard the Prophet saying, 'Its Diya (blood money) is either a male or a female slave.'" Umar said, "Do not leave till you present witness in support of your statement." So I went out, and found Muhammad bin Maslama. I brought him, and he bore witness with me that he had heard the Prophet saying, "Its Diya (blood money) is either a male slave or a female slave."

The aforementioned hadith is reported by Mughira ibn Shu'ba, written in Sahih Bukhari 9.420. However, this hadith is subjecting on miscarriage and an accidental case which do not apply on induced abortion.
 

Conclusion from Quran and Hadiths on Abortion

Thus, from aforementioned Quranic verses and the hadiths of Holy Prophet Hazrat Muhammad SAWW, it is clear that abortion in its general sense is haram in Islam and not allowed if abortion is undertaken by choice or induced manner or even by taking it as the right of women who is subjected to pregnancy. However, amongst the Muslim scholars and authentic majority of jurists, the permissibility of abortion depends on factors such as time and extenuating circumstances (by an accident, fear of women’s death, miscarriage). We have already discussed extenuating circumstances, which is permissible.

But there exists difference of opinion in famous scholars of Islam with respect to the time of abortion. Some of them are of view that abortion is explicitly haram in Islam no matter how early the days of pregnancy are taken place. Some of them allowed the abortion before four months of pregnancy by giving different time frame. Let us examine below.
 

Views of Four Madhhabs (Schools of Thought)

There are four famous schools of thoughts in Islamic world are followed by, namely Hanafi, Hanmbali, Maliki and Shafai, named after the respected scholars and Mujtahids.

Islamic jurists accept the permissibility of abortion before four month of pregnancy; however, according to all of them, there must be a serious reason of aborting a child in four months. As majority of the followers of Hanafi school of thought are of view that women is allowed to abort within four months of pregnancy, even without consulting her husband, but there must be serious reason and reasonable grounds behind abortion.

Most of the Maliki jurists are of view about Islam and abortion that abortion and explicitly and completely haram (Forbidden) in Islam and after the semen settles in the womb of women, no one is allowed the disturbed or abort it as there exists exaction of life in that cell. This is what even Ibn Jawziyyah views on abortion, according to Ibn Jawziyyah, it is also an act equal to murder. Thus no space exists on the permissibility of abortion even before four months of pregnancy in Maliki Fiqh. However, some Malikis allow abortion within 40 days, and do not announce any punishment for abortion in islam.

Coming back to the Hanafi Scholar, many of them allowed (Permitted) abortions to take place principally until day 120^th of pregnancy i.e. till the fourth month. This ruling restricted according to the circumstances and the condition of women. It is not explicitly permissible in Hanafi school of though even.

As for the Shafai school of thought, which overwhelmingly followed in Southeast Asia, Southern Arabia, and the parts of East Africa etc. they are of view that abortion is nor forbidden up to four months of pregnancy. Same viewed by Hanbali jurists, whom are could be found in Saudi Arabia and United Arabic Emirates.

Abortion in Modern World of Islam

Unlike to the famous scholars of an ancient times of Islam, the modern scholars, jurists and common Muslims do not view abortion and Islam as having any relation. Most of them are strongly conservative as they do not allowed the act of aborting a child in any case in any time, exept of the women’s life is in danger by coding the following verse (ayah) of Quran,

"A mother should not be made to suffer because of her child.” Surah Baqarah, 2:233

As for the practice in modern Islamic world, is not much different from the view Muslims had towards abortion in Islam. As in Pakistan, Turkey, Algeria, Iran, Egypt, and in many other famous Muslim countries, the abortion is not allowed to be performed at all except if woman is in danger. The abortion is practiced as fully prohibited because of the public opinion of Muslim world towards abortion, as Muslim view towards abortion overwhelmingly as a greatest of the great sin and an inhuman act of murdering a child who is unable to speak for his/her rights.
 

Punishment for Abortion in Islam

Punishment for abortion in Islam is not explicitly described in text. However, taking some of the hadiths in account, and doing qyas in the ruling of killing someone, some of the scholar suggest qisas in this regard, or killing against the killing, because many of the scholar compare abortion with murder. As it is narrated by Umar ibn al-Khattab R.A that ibn e Abbas R.A said,

"Umar asked about the decision of the Prophet (peace be upon him) about that (i.e. abortion) Haml ibn Malik ibn an-Nabighah got up and said: I was between two women. One of them struck another with a tent-pole killing both her and what was in her womb. So the Apostle of Allah (peace be upon him) gave judgment that the blood-wit for the unborn child should be a male or a female slave of the best quality and that she should be killed."
 

Pros and Cons of Abortion

There is a great debate and argument against and in favor of Abortion exists in the modern world (Especially in west) and regarding pros and cons of abortion. It has become more political than that of general debate.

Before debating and arguing on the pros and cons of abortion, we would like to touch the political reality and the basis of an opinion made against and in favor of abortion in the modern world i.e. the west. The west is having two mainstream political parties having 180’ different argument and opinion including agendas on if abortion should be allowed legally of forbidden. However, the basis of the argument is same i.e. Human Rights.
 

Abortion Arguments

One of the political streams argues against Abortion saying that it is against human rights. As the baby to be born has right to be born and no one has right to kill or suspend his/her berth after when the semen settles in the womb or after when after when the body got life in it i.e. 120^th day of pregnancy. Even women herself shouldn’t have right to abort the baby as it is similar to murdering, killing, and snatching the right from one’s life who cannot even express the right to live.

On other hand, completely opposite opinion expressed on the basis of human rights on abortion, that is, the women has right to choose whether to deliver a baby or not i.e. abort. This simple argument on abortion is raised on the basis of women’s right, which is actually derived from human right. On women’s right they totally ignore the right of the baby to be born, as the baby yet not born in their opinion.
 

Abortion Pros and Cons

Moreover, who are in view that abortion must not allow or to be banned argue that abortion is a form of murder and demeans the value of human life and because other birth control methods are available, therefore abortion should not be adopted as birth control. Against this argument, many argue that this argument expresses how government is controlling women’s body.