[phinno13]

Salam i

I have read on Hanafi sites (askimam) that abortion is impermissible, but I have heard Shafii scholar say that if both husband and wife agree it is permissible, as it involves both the rights of the husband and wife. Really, Cos I found this on askimam:


Question


I was wondering if it is permissable for my wife to have an abortion. Shes 1 & a half weeks pregnant. We are married & already have 2 beautiful children (Mashallah). My wife is 21 years old & there is not much gap between our 2 children. Our son is going to be 3 in june & our daughter is 1 & a half. My wife thinks she won't be able to cope with another baby. Our son is on medication (Steroids) & he can be a handful sometimes. I think my wife could even become depressed.

Answer


In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh



At the outset it should be understood that Allāh Tā`la has elevated human beings above all creation. Allāh Tā`la says in the Qurān:

“Verily we have honored the son of Adam (Alaihisalām)

(Sura Isrā,V.70)[1]

Whosoever has spared the life of a soul, it is as though he has spared the life of all people. Whosoever has killed a soul, it is as though he has murdered all of mankind."

(Sura Maīda V. 32)[2]

The sanctity that Allāh Tā`la has given to life can be understood from the above verses. As parents you should be patient and accept the will and decree of Allāh Tā`la. Allāh Tā`la in his infinite wisdom and mercy does things which might seem to harm us but in fact Allāh Tā`la has decreed good in that for us. Allah Tā`la says in the Qurān:

“You have been given but a little of knowledge”

(Sura Isrā,V.85)[3]

In another verse Allāh Tā`la says:

Perhaps you may dislike something and it is good for you, and perhaps you may like something which is not good for you”

(Albaqara, 216) [4]

“Perhaps you may dislike something but Allāh Tā`la has put a lot of good in it for you”

(Anisā, V. 19)[5]

Nabī (Sallāllāhu alahiwasalam) has said in a Hadith:

“How wonderful is the affair of the believer, for all his affairs are good, and that applies to no one but the believer. If something good happens to him he thanks (Allāh Tā`la) and that is good for him, and if something bad happens to him he bears it with pa;
“tience and that is good for him.”

(Sahīh Muslim, Pg. 325, Vol. 18 , Beirut)[6].

If your spouse thinks that she will be unable to cope with a third child at this stage, then you as a husband should lighten her responsibilities by playing an equal role in assisting your spouse in the daily chores and in looking after the children. This was the practice of Nabī (Sallāllāhu alahiwasalam) as stated in a Hadith:

“Nabī (Sallāllāhu alahiwasalam) used to assist his family in the house hold chores “

(Bukhari Pg. 186, Vol. 2 Darul Fikr)[7]

It is also very important that you as a husband give your spouse moral support.

Child spacing and and assuming depression of the mother are not valid Sharī grounds for abortion.

(Raddul Muhtār, Pg. 176, Vol. 3, HM Saeed)[8]

For further details on this matter please read the following:

(Al-Mahmood by Mufti Ebrahim Desai Madda Zilluhu)



Almighty Allah Ta'ala says in the Quran: "Life is from a decree of my Lord."(Surah 12 Verse 85). The above verse is self-explanatory on the sanctity and significance of life. Generally, every decree is from Allah Ta'ala but the honor of attribution increases its sanctity and demands its highest level of reverence. This command is mentioned in many verses of the Noble Quran - Allah Ta'ala says:



"Whosoever has spared the life of a soul, it is as though he has spared the life of all people. Whosoever has killed a soul, it is as though he has murdered all of mankind." (Surah 5 Verse 32)



The above should suffice to express the sanctity of the Rooh (life). The Noble Qur'an describes the various stages of man's primordial development but it does not specify the exact duration of each state. In one verse of the Noble Qur'an, Almighty Allah Ta'ala says,

"Man, We did create from a quintessence (of clay); then We placed him as (a drop of) sperm in a place of rest, firmly fixed; then We made the sperm into a clot of congealed blood; then of that clot We made a (foetus) lump; then We made out of that lump bones, and clothed the bones with flesh; then We developed out of it another creature: So blessed be Allah, the best to create." (Surah 23 Verses 12 and 14)



In a Hadith related by Bukhari and Muslim, our beloved Rasulullah (Sallallaahu Alayhi Wasallam) said

, "Verily the creation of each one of you is brought together in his mother's belly for forty days in the form of a seed, then he is a clot of blood for a like period, then an angel is sent to him who blows the breath of life into him..."



Based on the above references, Muslim jurists have deduced that the first four months (120 days) of gestation is the crucial time period. After this the foetus is regarded as being 'alive' and an abortion is not permissible for any reason whatsoever; and, should an abortion be done then it would constitute murder. Thus an abortion may be performed within the 120 days period only if there is a valid Shar’ee reason. (Family Planning and Abortion, by Qaadhi Mujahidul Islam, published by the IMA of South Africa)



Upon and after 120 days, it will not be permissible to abort the child. Almighty Allah Ta'ala, the All-Knowing, the All Merciful, has endowed the foetus with life. The heights of His Infinite Wisdom cannot be reached nor comprehended. The importance of the biggest problem in the circumstances cannot be equivalent to the importance of the Rooh (life). In general, abortion is not permissible but within 120 days as stated above; however, it is permissible to abort the child in the following instances:



1. Rape and incest

2. Proven abnormalities, e.g. Anencephaly (no brain), Downs Syndrome, Trisomy, HIV positive, congenital rubella health.

3. If the foetal abnormalities are not proven but speculated, if there is a high risk that a woman may suffer from any of the above factors, then in the opinion of an honest, reliable and an experienced Muslim doctor, abortion may be permissible prior to the four months' gestation. It must be stressed that these are exceptional circumstances in which an abortion is allowed. Once again, it must be emphasized that the permission granted rests on medical grounds. (Ibid)

4. If there is a high risk of the mother's permanent mental well-being and if the doctor is certain (Zanne Ghaalib) that the depression, schizophrenia will be permanent and incurable.

5. Abortion before 120 days is not permissible due to spacing of children, financial constraints, young age and unwed mothers



And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum



Ml. Muhammed Sindhi,
Student Dārul Iftā

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah http://www.askimam.org/fatwa/fatwa.p...ceb05587f1f6d8

he basically reaffirms what Mufti Muhammad says. that it is haram in all circumstances except x,y,z and only before the soul has entered the fetus.