[squeerisott]

salams -

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.

Does anyone know more?

jazakallah

[DesautocaD]

salams -

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.

Does anyone know more?

jazakallah

Salam..

brother , abortion means killing a child. How can it be permissable

[hotelhyatt]

In the name of Allah, Most Compassionate, Most Merciful,

Abortion can be divided into two stages:

a) Abortion after the soul (ruh) enters the foetus,

b) Abortion prior to the entry of the soul into the foetus

Before mentioning the ruling on abortion with regards to these two stages, it must be remembered here, that according to Shariah, the soul (ruh) enters the foetus at 120 days (4 months) from conception.

The Jurists (fuqaha) have based this duration upon a Qur'anic verse and a statement of the beloved of Allah (Allah bless him & give him peace). In the verse, Allah Almighty states the stages of development of the embryo in the womb of the mother. Allah Almighty says:

"And verily we did create man 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 (by breathing life into it). So blessed be Allah, the most marvellous creator." (Surah al-Mu'minun, 12/13/14)

In the Hadith recorded by the two most authentic authorities, Imam al-Bukhari and Imam Muslim in their respective Sahih collections, the Messenger of Allah (Allah bless him & give him peace) discussed in detail the periods elapsing between these stages, mentioned by the Qur'an.

Sayyiduna Abd Allah ibn Mas'ud (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said:

"The seed of one of you remains in the womb of the mother for forty days in the form of a Nutfa (sperm). Then it remains like a clot for another forty days, and then for a same number of days like a lump of flesh (when the formation of the limbs and the growth of the bones begin)." (Sahih al-Bukhari & Sahih Muslim)

The great Hanafi Faqih, Imam Ibn Abidin States in his Radd al-Muhtar:

"The soul enters the foetus at one hundred & twenty days (4 months), as established by the Hadith." (Radd al-Muhtar, 1/202)

The ruling on abortion in stage (a) i.e. after the entry of the soul into the foetus which is (as explained) 120 days, is that, it is totally unlawful and tantamount to murder, as it results in the taking out of an innocent life. All the scholars have unanimously condemned such a ghastly act.

Imam Ibn Taymiyyah states in his Fatawa collection:

"Aborting a foetus 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, 8)" (Fatawa Ibn Taymiyya, 4/217)

Allama Ibn Abidin (Allah have Mercy on him) also states the prohibition of this gruesome act in his treatise 'Radd al-Muhtar':

"If a woman intends to abort her pregnancy, then the Fuqaha have said: If the period of the soul being blown into the foetus has elapsed, it will be impermissible." (Radd al-Muhtar, 5/276)

However, some Fuqaha and contemporary scholars have given a dispensation to abort the pregnancy after 120 days, in the situation where the life of the mother is in certain and absolute danger. This is based on the Juristic principle stated in the books of Usul al-Fiqh and Qawa'id (juristic principles):

"If one is overtaken by two evils, one should choose the lesser of the two." (al-Ashbah wa al-Naza'ir, P.98)

They state that the mother's life should be saved and the foetus aborted, as the mother is established in life, with duties and responsibilities, whereas the unborn child is still in the mother's womb. But it should be remembered, that the mother's life must be in certain danger, and that this should be advised by a qualified and experienced Muslim doctor.

With regards to stage (b) i.e. prior to the entry of the soul into the foetus (120 days), the ruling on aborting the pregnancy is that, even in this case it will be unlawful (haram) to abort it.

The reason why abortion prior to the soul entering the body will not be permitted is that, although there may not be life in the foetus, but the foetus is considered to be part and parcel of the mother's body as long as it remains in the womb. Thus, just as one's very own life and also all the limbs and organs of the human body are trust given by the Almighty Creator, so too is the foetus also a trust given to the mother by Allah, and she will not have a right to abort it.

The only difference here is that the sin of aborting the foetus will be of a lesser degree than aborting it after 120 days. It would not be regarded as murder, rather violating the rights of a human organ entrusted to the mother by Allah Almighty.

It is stated in Radd al-Muhtar:

"It is not permissible to abort the pregnancy before and after the entry of the soul into the foetus." (Radd al-Muhtar, 5/279)

However, in certain extreme circumstances, it would be permitted to abort the pregnancy before the entry of the soul (120 days), such as: when the woman conceives after being raped, the mother's life or health is in danger, or repeated pregnancies severely damages her health, etc...

Imam al-Haskafi writes in Durr al-Mukhtar:

"Aborting the pregnancy will be permissible due to a valid reason, provided the soul has not yet entered the foetus."

It should be remarked here that pregnancy due to unlawful and illegal sex is no reason and excuse for abortion. The embryonic life farm in the mother's womb is honoured and sacred even though it is a result of adultery. (Hidaya, 2/292)

In conclusion, abortion after 120 days is totally unlawful and tantamount to murder. Some Fuqaha, however, have given a dispensation only in the situation where the mother's life is in certain danger. As far as abortion before the 120 days have elapsed is concerned, it will still be unlawful, though the sin will be of a lesser degree, and it will become permissible if there is a genuine and valid reason.

And Allah Knows Best

Mufti Muhammad ibn Adam

[squeerisott]

this link seems to contradict what you are saying:

http://muslim-canada.org/family.htm

[babopeddy]

, 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.

But other Shafii scholars have different opinion.

[homerdienru]

the book of jeremiah chapter 1 verse 5 says; before i the lord formed you in the womb i knew you. before you were born i sanctified you. i ordained you a prophet to the nations. god knows us before were are born, and abortion is an abomination to god. that is an innoscent life that is taken without any fault. the blood of the innoscent should never be shed, for the lord will punish those for their sin.

[jurnalkduo]

well, i dont have enough knowledge, but if we see generally than abortion is looking harram,, killing some one,, is harram in Islam, and it is a big Sin..

[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.

[xT0U3UGh]

In the name of Allah, Most Compassionate, Most Merciful,

Abortion can be divided into two stages:

a) Abortion after the soul (ruh) enters the foetus,

b) Abortion prior to the entry of the soul into the foetus

Before mentioning the ruling on abortion with regards to these two stages, it must be remembered here, that according to Shariah, the soul (ruh) enters the foetus at 120 days (4 months) from conception.

The Jurists (fuqaha) have based this duration upon a Qur'anic verse and a statement of the beloved of Allah (Allah bless him & give him peace). In the verse, Allah Almighty states the stages of development of the embryo in the womb of the mother. Allah Almighty says:

"And verily we did create man 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 (by breathing life into it). So blessed be Allah, the most marvellous creator." (Surah al-Mu'minun, 12/13/14)

In the Hadith recorded by the two most authentic authorities, Imam al-Bukhari and Imam Muslim in their respective Sahih collections, the Messenger of Allah (Allah bless him & give him peace) discussed in detail the periods elapsing between these stages, mentioned by the Qur'an.

Sayyiduna Abd Allah ibn Mas'ud (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said:

"The seed of one of you remains in the womb of the mother for forty days in the form of a Nutfa (sperm). Then it remains like a clot for another forty days, and then for a same number of days like a lump of flesh (when the formation of the limbs and the growth of the bones begin)." (Sahih al-Bukhari & Sahih Muslim)

The great Hanafi Faqih, Imam Ibn Abidin States in his Radd al-Muhtar:

"The soul enters the foetus at one hundred & twenty days (4 months), as established by the Hadith." (Radd al-Muhtar, 1/202)

The ruling on abortion in stage (a) i.e. after the entry of the soul into the foetus which is (as explained) 120 days, is that, it is totally unlawful and tantamount to murder, as it results in the taking out of an innocent life. All the scholars have unanimously condemned such a ghastly act.

Imam Ibn Taymiyyah states in his Fatawa collection:

"Aborting a foetus 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, 8)" (Fatawa Ibn Taymiyya, 4/217)

Allama Ibn Abidin (Allah have Mercy on him) also states the prohibition of this gruesome act in his treatise 'Radd al-Muhtar':

"If a woman intends to abort her pregnancy, then the Fuqaha have said: If the period of the soul being blown into the foetus has elapsed, it will be impermissible." (Radd al-Muhtar, 5/276)

However, some Fuqaha and contemporary scholars have given a dispensation to abort the pregnancy after 120 days, in the situation where the life of the mother is in certain and absolute danger. This is based on the Juristic principle stated in the books of Usul al-Fiqh and Qawa'id (juristic principles):

"If one is overtaken by two evils, one should choose the lesser of the two." (al-Ashbah wa al-Naza'ir, P.98)

They state that the mother's life should be saved and the foetus aborted, as the mother is established in life, with duties and responsibilities, whereas the unborn child is still in the mother's womb. But it should be remembered, that the mother's life must be in certain danger, and that this should be advised by a qualified and experienced Muslim doctor.

With regards to stage (b) i.e. prior to the entry of the soul into the foetus (120 days), the ruling on aborting the pregnancy is that, even in this case it will be unlawful (haram) to abort it.

The reason why abortion prior to the soul entering the body will not be permitted is that, although there may not be life in the foetus, but the foetus is considered to be part and parcel of the mother's body as long as it remains in the womb. Thus, just as one's very own life and also all the limbs and organs of the human body are trust given by the Almighty Creator, so too is the foetus also a trust given to the mother by Allah, and she will not have a right to abort it.

The only difference here is that the sin of aborting the foetus will be of a lesser degree than aborting it after 120 days. It would not be regarded as murder, rather violating the rights of a human organ entrusted to the mother by Allah Almighty.

It is stated in Radd al-Muhtar:

"It is not permissible to abort the pregnancy before and after the entry of the soul into the foetus." (Radd al-Muhtar, 5/279)

However, in certain extreme circumstances, it would be permitted to abort the pregnancy before the entry of the soul (120 days), such as: when the woman conceives after being raped, the mother's life or health is in danger, or repeated pregnancies severely damages her health, etc...

Imam al-Haskafi writes in Durr al-Mukhtar:

"Aborting the pregnancy will be permissible due to a valid reason, provided the soul has not yet entered the foetus."

It should be remarked here that pregnancy due to unlawful and illegal sex is no reason and excuse for abortion. The embryonic life farm in the mother's womb is honoured and sacred even though it is a result of adultery. (Hidaya, 2/292)

In conclusion, abortion after 120 days is totally unlawful and tantamount to murder. Some Fuqaha, however, have given a dispensation only in the situation where the mother's life is in certain danger. As far as abortion before the 120 days have elapsed is concerned, it will still be unlawful, though the sin will be of a lesser degree, and it will become permissible if there is a genuine and valid reason.

And Allah Knows Best

Mufti Muhammad ibn Adam

Here is another fatwa that confirms the position you developed above:


Fatwa no. 19337
Q: I am a married woman and I have five children. Allah (Exalted be He) willed that I get pregnant for the sixth time. I have weak nerves and my body cannot adjust well during times of pregnancy. Therefore, I visited a friend who works in a hospital asking her for advice and she gave me some pills that induce abortion. I took the pills, and after a few days when I started to bleed, my husband took me to the hospital where I had an abortion. This happened one and a half months after
(Part No. 21; Page No. 450)
conception. Now I deeply regret what I have done. So I present my problem to you and hope to receive your answer as soon as possible because I am living the worst days of my life. May Allah save you!
A: The basic rule regarding pregnancy is that abortion is not permissible at any stage without a Shari`ah (Islamic law) excuse. If it is still a Nutfah (mixed drops of male and female sexual discharge) which is during the first 40 days of pregnancy, and if abortion achieves a Shari`ah interest or saves the mother from an expected harm, abortion will be permissible in this case. This does not include fear of being unable to raise the children, or provide for them, or the desire to have a limited number of children, or similar reasons that have no basis in Shari`ah.
However, if pregnancy lasted for more than 40 days, abortion will be Haram (prohibited). Pregnancy in this stage is called `Alaqah (small lump of flesh) which is the beginning of human creation. It is not permissible to have an abortion after reaching this stage unless an accredited medical committee decides that pregnancy endangers the mother's life and that it may end her life. Consequently, inducing abortion at one and a half months of pregnancy based on your own opinion claiming that you have weak nerves and that your body cannot bear pregnancy is a prohibited act. You must perform sincere Tawbah (repentance to Allah) and never repeat a similar act in the future.
(Part No. 21; Page No. 451)
May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!
Permanent Committee for Scholarly Research and Ifta'
Member Deputy Chairman Chairman
Salih Al-Fawzan `Abdul-`Aziz ibn `Abdullah Al Al-Shaykh `Abdul-`Aziz ibn `Abdullah ibn Baz