Anaya Nolan
Islamic perspectives on abortion are diverse and have been a constant source of discourse for centuries. Abortion laws in Muslim-majority countries vary, with 18 out of 47 countries not allowing abortion under any circumstances other than to save the pregnant woman's life. However, interpretations of Sharia law, which guides Muslims toward living an Islamic life, vary across locations and cultures. While some scholars believe that women should not terminate a pregnancy after 40 or 70 days, others have adopted 120 days as the threshold after which abortion is only permissible if the mother's life is in danger. This flexibility in Islamic jurisprudence, which considers state law and public welfare, has led some to argue that Sharia law is more progressive than the US Supreme Court on abortion.
| Characteristics | Values |
|---|---|
| Abortion in Islamic countries | A predominantly conservative approach was found whereby 18 of 47 countries do not allow abortion under any circumstances besides saving the life of the pregnant woman. |
| Abortion in Islamic law | Abortion has never been treated as a religious evil, and those seeking abortions were never dismissed as ethically abhorrent. |
| Abortion in Islamic jurisprudence | Abortion is acceptable in all countries when there is a threat to the life of the pregnant mother and if 120 days of pregnancy have not lapsed. |
| Abortion in Muslim-majority countries | Abortion is generally considered a private matter and is not a topic of public debate. |
| Islamic perspectives on abortion | Islamic perspectives on abortion are enormously diverse and have remained a constant source of discourse. |
| Islamic stance on abortion | More liberal than that of the US legal regime in its current state. |
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What You'll Learn
Abortion laws in Muslim-majority countries
Muslim-majority countries have varying abortion laws. Out of 47 countries with Muslim-majority populations, 18 countries, including Iraq, Egypt, and Indonesia, only allow abortions when the mother's life is at risk. In 10 countries, abortions are permitted on request, while Mauritania prohibits abortions under any circumstance. Other countries allow abortions under certain circumstances, such as safeguarding the mother's mental health, fetal impairment, incest, rape, and social or economic reasons.
Islamic perspectives on abortion are diverse and have been a constant source of discourse. While the Quran does not directly address intentional abortion, the interpretation of Islamic law is influenced by the Hadith, the opinions of legal and religious scholars, and commentators. Sunni Muslims generally agree that abortion is allowed if the newborn is sick, shows signs of mental handicap, or has extensive deformities. The Maliki school of thought holds that "the fetus is ensouled at the moment of conception," and thus, most followers do not permit abortion at any point. However, the Hanafi, Shafi'i, and Hanbali schools have different reservations about when abortions are permissible.
According to Muslim laws, the decision to terminate a pregnancy due to fetal impairment must be made before the fetus is four months old. Most scholars during the medieval age viewed 120 days after conception as a crucial dividing line, after which abortion was considered a termination of life. While some Muslim scholars have stated that abortion is impermissible even if the mother's life is at risk, others have argued that abortion should be allowed if a mother's health is in jeopardy or if the fetus has a malady incompatible with life.
In the context of American politics, people on the left have been drawn to the progressive perspectives of some Muslim scholars, portraying Islamic law as pro-choice. In contrast, those on the right have called for a religious alliance to oppose abortion. While Islamic law does not appear in problematic dialogs on abortion in the United States, the debate within Islamic practice informs the interpretation of Islamic law and may be relevant to discussions on religious freedom and the First Amendment.
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Islamic perspectives on abortion
Muslim views on abortion are influenced by the timing and extenuating circumstances of the pregnancy. In Shia Islam, abortion is forbidden after the implantation of the fertilized ovum, which is typically around 120 days after conception, as this is when the fetus is believed to become ensouled and is, therefore, a living soul. This belief is shared by some Sunni schools of thought, including Malikites and Zahirites, who do not permit abortion at any stage of gestation. However, other Sunni schools, such as the Hanafi, Shafi'i, and Hanbali schools, hold differing perspectives on the stages of gestation where abortion is permissible.
While abortion is generally forbidden in Islam, it is permitted in specific circumstances. All schools of Muslim law agree that abortion is allowed if continuing the pregnancy would pose a real danger to the mother's life. This is considered the 'lesser of two evils' in Islamic jurisprudence, which prioritizes saving the life of the mother over that of the fetus. Additionally, some Islamic scholars and countries permit abortion in cases of fetal impairment, incest, rape, and social or economic reasons. For example, fatwas have been issued in Bosnia and Algeria, allowing abortion for women who became pregnant due to rape, and Iran permits abortion in the first three months for various reasons, including parents' poverty or overpopulation.
The Islamic perspective on abortion is more nuanced and flexible than the polarized culture wars seen in the US. Abortion has been a topic of legal rather than moral debate in Muslim societies, and those seeking abortions are not considered ethically abhorrent. While a predominantly conservative approach is observed in Muslim-majority countries, with 18 out of 47 countries only allowing abortion to save the mother's life, there is still substantial diversity. Ten countries allow abortion 'on request', and several modern Muslim scholars have advocated for more lenient interpretations of Islamic law regarding abortion.
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Abortion and religious freedom in the US
In the United States, the topic of abortion has been a highly divisive issue, with strong opinions on both sides of the debate. The recent overturning of Roe v. Wade by the Supreme Court in June 2022 has further inflamed passions, with religious abortion-rights supporters using religious freedom laws to protect access to abortion and defend their beliefs. This has resulted in state lawsuits defending abortion access with religious freedom arguments.
While critics argue that religious freedom laws primarily serve to uphold a conservative Christian worldview and discriminate against LGBTQ+ people, religious abortion-rights supporters are using these laws to protect abortion access. This has led to a complex interplay between religious beliefs and legal frameworks in the ongoing abortion discourse in the US.
From an Islamic perspective, the abortion debate in the US appears to lack the doctrinal pluralism that characterises Sharia law. Classical Muslim scholars viewed religious conception as the start of life, differing from the scientific theory presented in Roe v. Wade. However, modern Muslim scholars exhibit a broader range of opinions, demonstrating more flexibility and tolerance than the US Supreme Court.
Under Islamic law, debates on abortion have traditionally been legal rather than moral. While pregnancy terminations have been given legal attributes, abortion has not been treated as a religious evil, and those seeking abortions are not considered ethically abhorrent. Muslim societies generally agree that abortion should be permitted if the mother's health is at risk or if the fetus has a condition incompatible with life.
In the context of religious freedom, religiously liberal Jewish groups and Unitarian/Universalists have challenged anti-abortion laws, arguing that they violate the free exercise clause by interfering with the rights of those whose faith permits abortion. Additionally, some religious leaders have made free speech claims, stating their intention to counsel individuals on abortion beyond the legal limits, despite risking penalties.
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Abortion and public welfare in Islamic jurisprudence
Islamic perspectives on abortion are diverse and have been a constant source of discourse for centuries. While abortion has been assigned legal attributes, it has never been treated as a religious evil, and those seeking abortions have not been dismissed as ethically abhorrent. Discussions about abortion in Islamic communities are centred on concepts of respect for life and community welfare.
Islamic law does not treat abortion as a religious evil, and a woman's ability to abort is not explicitly prohibited under Islamic law. The Quran does not directly address intentional abortion, leaving greater discretion to the laws of individual countries. Islamic scholars have differing opinions on when a pregnancy can be terminated, and abortion laws in Muslim-majority countries vary. Eighteen out of 47 Muslim-majority countries do not allow abortion under any circumstances other than to save the life of the pregnant woman. However, 10 countries allow abortion "on request".
In Islamic jurisprudence, state law based on public welfare is a core factor in Sharia rulings. A state law imposing a total ban on abortion may fail to serve the public good insofar as it would cause great harm to many. Muslim societies largely agree that abortion should be allowed if a mother's health is in jeopardy or if a fetus or baby suffers from a malady seen as incompatible with life. Several Islamic schools of thought, including Hanafi, Shafi'i, Hanbali, and Maliki, have their reservations about if and when abortions are permissible. The Maliki school holds that "the fetus is ensouled at the moment of conception", and most followers do not permit abortion at any point. However, the Hanafi, Shafi'i, and Hanbali schools also permit abortion with minor restrictions.
The Zaidi School of Jurisprudence (Yemen) is very lenient and allows abortion in the first 120 days of pregnancy for both medical and social reasons. Turkey, a secular Muslim country, also allows abortion with some restrictions based on medical or social reasons. In 1983, Turkey issued a bylaw that legitimized abortion due to the mother's wish up to 10 weeks into the pregnancy and determined the indications of medical abortion after 10 weeks. The Turkish legislation caused illegal abortions to decrease significantly.
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Abortion before and after ensoulment
Islamic perspectives on abortion are diverse and have been a constant source of discourse for centuries. Abortion is generally forbidden in Islam, but it is considered permissible in certain circumstances.
Islamic schools of thought differ on the timing of ensoulment, which is when a foetus becomes a living soul. The Maliki and Hanbali schools believe ensoulment occurs 40 days after conception. The Shafi school is divided, with some believing it occurs at 80 days, and others at 120 days. The Ibadi position is that ensoulment happens at conception. The Hanafi, Shi'is, Zaydi, and some Shafi schools agree that ensoulment is at 120 days.
Islamic jurists in all schools state that abortion is permissible before and after ensoulment if the mother's life is in danger. This is the only reason accepted for abortion after 120 days of pregnancy. Some schools of Muslim law permit abortion in the first 16 weeks of pregnancy, while others only permit it in the first 7 weeks. Abortion before ensoulment is also allowed if the foetus has a deformity that will cause psychological harm to it or its family. However, abortion after ensoulment is forbidden in the presence of foetal abnormalities, except in the case of confirmed intrauterine death.
Islamic law has shown flexibility and compassion in certain circumstances. For example, fatwas issued in Bosnia and Algeria allowed women who were raped by the Serbian army to abort their pregnancies, but they were urged to do so before the 120-day mark. In 2004, a draft law in Egypt, where abortion is illegal, would have allowed abortion in cases of rape and more than four months after conception. This caused controversy among Muslim scholars, with the mufti of Egypt stating that it violated the Qur'an's injunction against "killing innocent souls".
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Frequently asked questions
Interpretations of Sharia vary across locations and cultures. However, under most interpretations of Islamic law, abortion is permitted within the first 120 days. Abortion has never been treated as a religious evil, and those seeking abortions are not considered ethically abhorrent. Sharia Law is considered more progressive than the US Supreme Court on abortion.
Abortion is allowed for any reason during the first 120 days, according to certain scholars. Others say it should be out of necessity, such as in the case of rape, the mother’s health, or economic reasons. After 120 days, abortion is permissible if the mother's life is in danger or the fetus suffers from a malady seen as incompatible with life.
Anti-abortion laws in Muslim-majority countries reflect Western legal codes adopted in the post-colonial era. 18 out of 47 countries do not allow abortion under any circumstances besides saving the life of the pregnant woman. However, there is diversity between countries, with 10 countries allowing abortion 'on request'.
The majority of American Muslims believe abortion should be legal under all or most circumstances. Muslim scholars in the US have covered the subject from a progressive perspective, portraying Islamic law as pro-choice.
