4.1 Islamic Views on Abortion
Preservation of life is one of the primary objectives of the Islamic Divine Law (maqasid al-shari’ah). Besides preservation of life, Islamic shari’ah also aims to preserve religion, intellect, honour (family lineage) and property. Conducts and behaviours that are deemed to violate these aims are prohibited, while conducts that are set to achieve these aims are considered morally right. In this case, since abortion involves the termination of life, it is considered as immoral; thus the general perspective of Islam about abortion is as not permissible unless it is done to save the mother’s life, which should be carried out before the ensoulment takes place (Aramesh, 2007). The Muslim scholars had achieved a consensus in the prohibition of abortion after the ensoulment takes place (Ahmad Muhammad Husni, Abdul Basir Mohammad, Amir Husin Mohd Nor, Hayatullah Laluddin, & Mohd Al Adib Samuri, 2013). However, a dispute among scholars regarding at which stage the abortion should be allowed should not be obviated. Regarding this matter, the President of the Islamic Research Foundation International, Ibrahim B Syed (2012), unveils the opinion of the four leading schools towards the permissibility of abortion. The Shafie school allows abortion up to day 120. On the contrary, the Hanafi school views abortion to be permitted until the end of the fourth month. A pregnant woman is permitted to abort her pregnancy without the husband’s consent if the reason is morally justified. Whereas, the Maliki school believes abortion is only permitted up to day 40 with the agreement of both parents. Last but not least, the Hanbali school holds the opinion that abortion is prohibited from day 40 onwards. Islamic law forbids the termination of pregnancy, however, the flexibility in Islam provides the room for people who are really in need of an abortion, which intends to continue the lifespan and health of the female parent. The opinions of the contemporary Muslim scholar Sheikh Yusuf al-Qaradawi (2006) about this is really appropriate given consideration. He states: “Muslim jurists agree unanimously that after the foetus is completely formed and has been given a soul, aborting it is haram. It is also a crime, the commission of which is prohibited to the Muslim because it constitutes an offence against a complete, live human being. However, there is one exceptional situation. If say the jurists, after the baby is completely formed, it is reliable that the continuation of the pregnancy would necessarily result in the death of the mother, then, in accordance with the general principle of the Shari 'ah, that of choosing the lesser of two evils, abortion must be performed.” In addition, the Egyptian Fatwa Institution (Dar-al Ifta Misriyyah) also detailed the prohibition criteria and the tolerance in this issue. Grounded along the public inquiry on abortion towards this institution via its formal website, the author summarises few points as an overall conclusion on this argument. Some of which are as follows: 1. Abortion is completely prohibited whether it is taken before or after the ensoulment except for any legal necessity. 2. The abortion is forbidden if the ground merely due to congenital malformation, the medical test has shown some malformation, low likelihood for a normal delivery or unplanned pregnancy. 3. The abortion is permissible to carry out before 120 days of pregnancy if the doctor confirmed the presence of a foetal malformation or the foetal is in lethal condition. 4. The only acceptable reason …show more content…
Foremost, Islam places clear criteria to determine the beginning of life. The spirit is blown into the foetus at 120 days of gestation, and so a life begins. Based on this ruling, aborting the foetus after the given time is strictly prohibited in Islam.
Second, if keeping the pregnancy will be life-threatening and affect the health of the female parent, Islam allows to abort the foetus, within or after the 120 days of gestation. Provided, the situation needs to be confirmed by the trustworthy Muslim doctor.
Third, if the doctor confirms that the foetus is impaired and there is no hope to live, then aborting the foetus can only be carried out before the 120 days of pregnancy. After the 120 days, the permissibility of abortion is over, unless the existence of the foetus may threaten the mother’s
Preservation of life is one of the primary objectives of the Islamic Divine Law (maqasid al-shari’ah). Besides preservation of life, Islamic shari’ah also aims to preserve religion, intellect, honour (family lineage) and property. Conducts and behaviours that are deemed to violate these aims are prohibited, while conducts that are set to achieve these aims are considered morally right. In this case, since abortion involves the termination of life, it is considered as immoral; thus the general perspective of Islam about abortion is as not permissible unless it is done to save the mother’s life, which should be carried out before the ensoulment takes place (Aramesh, 2007). The Muslim scholars had achieved a consensus in the prohibition of abortion after the ensoulment takes place (Ahmad Muhammad Husni, Abdul Basir Mohammad, Amir Husin Mohd Nor, Hayatullah Laluddin, & Mohd Al Adib Samuri, 2013). However, a dispute among scholars regarding at which stage the abortion should be allowed should not be obviated. Regarding this matter, the President of the Islamic Research Foundation International, Ibrahim B Syed (2012), unveils the opinion of the four leading schools towards the permissibility of abortion. The Shafie school allows abortion up to day 120. On the contrary, the Hanafi school views abortion to be permitted until the end of the fourth month. A pregnant woman is permitted to abort her pregnancy without the husband’s consent if the reason is morally justified. Whereas, the Maliki school believes abortion is only permitted up to day 40 with the agreement of both parents. Last but not least, the Hanbali school holds the opinion that abortion is prohibited from day 40 onwards. Islamic law forbids the termination of pregnancy, however, the flexibility in Islam provides the room for people who are really in need of an abortion, which intends to continue the lifespan and health of the female parent. The opinions of the contemporary Muslim scholar Sheikh Yusuf al-Qaradawi (2006) about this is really appropriate given consideration. He states: “Muslim jurists agree unanimously that after the foetus is completely formed and has been given a soul, aborting it is haram. It is also a crime, the commission of which is prohibited to the Muslim because it constitutes an offence against a complete, live human being. However, there is one exceptional situation. If say the jurists, after the baby is completely formed, it is reliable that the continuation of the pregnancy would necessarily result in the death of the mother, then, in accordance with the general principle of the Shari 'ah, that of choosing the lesser of two evils, abortion must be performed.” In addition, the Egyptian Fatwa Institution (Dar-al Ifta Misriyyah) also detailed the prohibition criteria and the tolerance in this issue. Grounded along the public inquiry on abortion towards this institution via its formal website, the author summarises few points as an overall conclusion on this argument. Some of which are as follows: 1. Abortion is completely prohibited whether it is taken before or after the ensoulment except for any legal necessity. 2. The abortion is forbidden if the ground merely due to congenital malformation, the medical test has shown some malformation, low likelihood for a normal delivery or unplanned pregnancy. 3. The abortion is permissible to carry out before 120 days of pregnancy if the doctor confirmed the presence of a foetal malformation or the foetal is in lethal condition. 4. The only acceptable reason …show more content…
Foremost, Islam places clear criteria to determine the beginning of life. The spirit is blown into the foetus at 120 days of gestation, and so a life begins. Based on this ruling, aborting the foetus after the given time is strictly prohibited in Islam.
Second, if keeping the pregnancy will be life-threatening and affect the health of the female parent, Islam allows to abort the foetus, within or after the 120 days of gestation. Provided, the situation needs to be confirmed by the trustworthy Muslim doctor.
Third, if the doctor confirms that the foetus is impaired and there is no hope to live, then aborting the foetus can only be carried out before the 120 days of pregnancy. After the 120 days, the permissibility of abortion is over, unless the existence of the foetus may threaten the mother’s