Sharia Law And Abortion: What Does It Prohibit?

Sharia law, or Islamic law, is a set of principles and laws that guide Muslims toward living an Islamic life based on the Quran and the teachings of the Prophet Muhammad. Interpretations of Sharia vary across locations and cultures, and the topic of abortion is no exception. While the Quran does not explicitly refer to abortion, it does offer guidance on related matters, and Muslim scholars agree that this guidance can be applied to abortion.

Islamic teachings consider abortion as wrong and haram (forbidden), but many accept that it may be permitted in certain cases. All schools of Muslim law agree that abortion is allowed if continuing the pregnancy would put the mother's life at risk. This is based on the principle of Sharia law that involves choosing the lesser of two evils. Beyond this, there are a variety of opinions on when and why abortion is permissible.

Some scholars say that abortion is permissible in the first 16 weeks of pregnancy, while others say only in the first 7 weeks, and some only in the first 40 days. The Hanafi school of thought argues that abortion should be allowed as long as there is a sound reason for it, and some Hanafi jurists have even advocated for abortions without restrictions in cases of rape or extramarital sex. The Shafi and Hanbali schools in Saudi Arabia and the Gulf states typically restrict abortion to within 40 days of conception, while the Maliki school tends to prohibit abortion altogether.

After 120 days of conception, or when the soul enters the body, abortion is forbidden by all Islamic schools of thought unless the mother's life is in danger. This is based on the idea that a foetus is recognised and protected by Islam as a human life after ensoulment.

In summary, while Sharia law does not ban abortion outright, the conditions under which it is allowed are highly contested among Islamic scholars.

Abortion is permitted within the first 120 days of pregnancy

Abortion is a highly controversial topic in Islam and is generally regarded as wrong and forbidden. However, there are certain circumstances in which abortion is permitted, and these circumstances vary depending on the school of Muslim law being followed.

The Zaidi School of Jurisprudence, for example, allows abortion for both medical and social reasons within the first 120 days of pregnancy. This is computed from the start of conception, not the last menstrual period (LMP).

The majority of Islamic scholars agree that abortion is permitted if continuing the pregnancy would put the mother's life in danger. This is the only reason that all schools of Muslim law accept as a justification 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. The Hanafi school, for instance, believes that abortion is permitted before the hundred-twenty-day period is over. However, some Hanafi scholars teach that an abortion within 120 days is 'makruh', meaning it is discouraged or disapproved.

In Shia Islam, abortion is forbidden after the implantation of the fertilised ovum. Ayatollah Khomeini, the leader of the Iranian Islamic Revolution, declared that Sharia forbids abortion without any reason, even at the earliest possible stage. This position is shared by other Shiite scholars.

Some scholars state that abortion is permissible in the first 120 days of pregnancy if the mother is the victim of rape or incest. However, others disagree, arguing that the value of life is the same regardless of the circumstances of the embryo's conception.

In summary, while abortion is generally forbidden in Islam, there are certain circumstances in which it is permitted within the first 120 days of pregnancy, depending on the specific school of Muslim law being followed. After 120 days, abortion is only permitted if continuing the pregnancy would put the mother's life at risk.

Abortion is forbidden after 120 days of pregnancy

The majority of Islamic scholars agree that abortion is permitted before the hundred-twenty-day period is over if the mother's life is in danger. This is because the mother's life is well-established, and she has duties and responsibilities. In addition, allowing the mother to die would also kill the fetus in most cases.

Some Islamic scholars also permit abortion within the first 120 days of pregnancy in cases of fetal impairment, incest, or rape. For example, a resolution passed by the Islamic jurisprudence council of Mekkah Al Mukaramah in 1990 allowed abortion if the fetus was grossly malformed with an untreatable severe condition, provided that abortion was requested by the parents and the fetus was less than 120 days old.

However, there are differing opinions among Islamic scholars on the permissibility of abortion after 120 days of pregnancy. While some scholars consider it a termination of life and strictly forbid it, others argue that abortion is permissible even after ensoulment if the mother's life is at risk. Ultimately, the decision on whether to have an abortion rests with the Muslim woman, who is free to follow any of the varying opinions on the matter.

Abortion is allowed if the mother's life is at risk

Abortion is allowed in Islam if the mother's life is at risk. This is the only reason provided by all schools of Muslim law for abortion after 120 days of pregnancy, and it is considered the 'lesser of two evils'. The mother's life is prioritised because she is the 'originator' of the foetus, her life is well-established, she has duties and responsibilities, and she is part of a family. Furthermore, allowing the mother to die would also kill the foetus in most cases.

Islamic scholars agree that a foetus in the womb is recognised and protected by Islam as a human life. However, the mother's life takes precedence as she is considered the 'original source of life', while the foetus is only 'potential' life.

The Quran states:

> 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.

The majority of scholars view 120 days after conception as a crucial dividing line in the development of the foetus – the time when the foetus becomes 'ensouled' and is thus a live human being. Abortion before this point is permissible according to Islamic law scholar Abed Awad. However, after this period, it is considered a termination of life.

Islamic jurists in all schools state that abortion is permissible even after ensoulment if the mother's life is in danger.

Abortion is allowed in cases of rape or incest

Muslim views on abortion are shaped by the words, actions, and silent approval of the Islamic prophet Muhammad, as well as by the opinions of legal and religious scholars and commentators. The Quran does not directly address intentional abortion, but it does offer guidance on related matters that scholars agree can be applied to abortion.

Islamic scholars are divided on the issue of abortion in cases of rape or incest. While some scholars state that abortion is permissible in the first 120 days of pregnancy in such cases, others maintain that abortion is never permitted for these reasons.

According to Sheikh M. A. Al-Salami, a scholar who believes abortion is permissible in cases of rape or incest,

> "I believe that the value of life is the same whether this embryo is the result of fornication with relatives or non-relatives or valid marriage. In Sharia life has the same value in all cases."

In Egypt, where abortion is illegal, Muhammad Sayed Tantawi, the Grand Sheikh of Al Azhar, approved a draft law in 2004 allowing women to abort a pregnancy resulting from rape. This decision caused controversy among other Muslim scholars, with the mufti of Egypt, Ali Gomaa, stating that Tantawi's decision was wrong and violated the Quran's injunction against "killing innocent souls."

In addition to Egypt, it has been reported that women in Bosnia and Algeria who were raped by the Serbian army were issued fatwas allowing them to abort, but they were urged to complete the abortion before the fetus reached 120 days old.

While opinions differ among Islamic scholars, it is important to note that the protection of the mother's life takes precedence in Islamic law. All schools of Muslim law agree that abortion is permitted if continuing the pregnancy would put the mother's life at risk.

Abortion is allowed if the foetus has severe abnormalities

Abortion is a highly controversial topic in Islam, and while it is generally forbidden, there are certain circumstances in which it is allowed. One of these circumstances is when the foetus has severe abnormalities.

Islamic scholars agree that abortion is permitted if continuing the pregnancy would put the mother's life in danger, as the mother's life is considered paramount. However, there is less consensus on whether abortion is allowed in cases of foetal impairment. While some scholars argue that abortion is never permitted in such cases, others believe that abortion is allowed if the foetus has severe abnormalities that will cause great suffering to the child.

According to a resolution passed by the Islamic jurisprudence council of Mekkah Al Mukaramah in 1990, abortion is permitted if the foetus is "grossly malformed with untreatable severe conditions" and if the pregnancy is less than 120 days old. This resolution also states that the decision must be made by a committee of competent and trustworthy medical specialists and that the abortion must be requested by the parents.

Some scholars take a more liberal view, arguing that abortion is permitted within the first 120 days of pregnancy if the child would be born with physical and mental deformities that would deprive them of a normal life. On the other hand, some scholars believe that abortion is only allowed in cases of foetal impairment if the defect puts the mother's life in danger.

Overall, while there is some disagreement among Islamic scholars, it is generally accepted that abortion is permitted if the foetus has severe abnormalities that will cause suffering to the child, especially if the pregnancy is less than 120 days old.

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