Sharia Law And Post-Birth Abortion: Cultural Conundrum

Sharia law, derived from the Quran, the recorded authentic sayings and precedents set by the Prophet (Sunnah), and the rulings deduced from Islamic principles (ijithad), governs the lives of approximately one-fourth of the world's population. The interpretation of Islamic law on abortion is diverse and has been a constant source of discourse for centuries. While abortion is forbidden in Islam, it is allowed under certain circumstances, such as fetal anomalies, rape, or when the mother's life is at risk.

The majority view of Sunni Islamic law holds that life begins when the Archangel Gabriel breathes a soul into an embryo, marking the moment of ensoulment. This is believed to occur 120 days into the pregnancy, and abortion after this point is considered a termination of life. However, there are differing opinions on when abortion should be permitted or prohibited within the four major traditional schools of thought within Sunni Islam: Hanafi, Shafi, Hanbali, and Maliki. Hanafi scholars generally argue for abortion with sound reasoning, while Shafi and Hanbali scholars in Saudi Arabia and the Gulf states typically restrict abortion to within 40 days of conception. Maliki scholars, on the other hand, tend to prohibit abortion altogether.

Islamic law does not view abortion as analogous to murder and can be justified as a lesser of two evils if the mother's life is endangered. In such cases, abortion is permitted even after ensoulment.

In the context of post-birth abortion, it is important to note that Islamic law and culture place a high value on human life and consider the protection of life as a fundamental objective. While there may be varying interpretations and applications of Sharia law across Muslim societies, the intentional killing of a born child would likely be seen as a grave violation of Islamic principles. Therefore, it is safe to assume that post-birth abortion, or infanticide, would not be allowed under cultures governed by Sharia law.

Abortion is forbidden in Islam, but there are exceptions

Islam forbids abortion, but there are exceptions, and the laws vary depending on the country and the school of thought. The majority of Muslim scholars permit abortion, but there is no explicit mention of it in the Quran, so the laws are derived from the Hadith (the words, actions and silent approval of the Islamic prophet Muhammad), and the opinions of legal and religious scholars.

Islamic scholars agree that abortion is permissible when the mother's life is in danger, as her life takes precedence over the potential life of the foetus.

Islamic scholars also agree that abortion is permissible before "ensoulment", which is believed to occur at 120 days after conception. However, there is disagreement over when ensoulment occurs, with some scholars believing it happens at 40 or 80 days. After ensoulment, abortion is forbidden, even in the presence of foetal abnormalities, unless the mother's life is at risk.

Islamic scholars also agree that abortion is permissible in the case of foetal demise.

In addition to the above scenarios, abortion is permissible in the following circumstances, according to some schools of thought:

• When the foetus has severe deformities that will cause harm to the mother or the foetus
• When the pregnancy is a result of rape or incest
• For social or economic reasons
• To preserve the mother's mental health

Islamic scholars agree that abortion is allowed if the mother's life is in danger

Islamic scholars base their views on the Quran, Hadith (the words, actions and silent approval of the Islamic prophet Muhammad), and the opinions of legal and religious scholars and commentators. The Quran does not directly address intentional abortion, but it does refer to pregnant women who abort their pregnancies upon the Day of Judgment. It also states: "Kill not your children on a plea of want. We provide sustenance for you and for them."

The majority of scholars agree that ensoulment occurs at 120 days from the start of conception, and that abortion after this point is forbidden. However, if the mother's life is in danger, abortion is allowed, even after ensoulment. This is based on the principle that "certainty should not be overridden by doubt" and that "the greater evil should be warded off by the lesser evil".

Islamic scholars also agree that abortion is permissible before ensoulment if there is a legitimate reason, such as rape, incest, fetal impairment, or if the mother's physical or mental health is at risk.

Abortion is forbidden after the ensoulment date, which is 120 days from conception

Abortion is forbidden in Islam after the ensoulment date, which is 120 days from conception. The ensoulment date is considered the point at which a foetus becomes a living soul, and abortion after this point is considered a termination of life.

Islamic scholars agree that abortion is permissible if the mother's life is in danger, as her life takes precedence over the life of the foetus. However, there is some variation in the permissibility of abortion before the ensoulment date.

The Hanafi and Shafi'i schools of thought allow abortion until the end of four months, with legitimate grounds for abortion. The Maliki and Hanbali schools only allow abortion at the request of both parents for up to 40 days with a legitimate cause, and prohibit abortion from day 40 onwards.

The Iranian parliament, which follows the Shi'ite sect of Islam, allows abortion if the foetus is less than four months old, and if the foetus is suffering from profound developmental delay or deformities.

Some scholars, including the Egyptian Grand Sheikh of Al-Azhar, permit abortion after the ensoulment date if the malformed foetus will cause substantial hardship for the mother and family.

Islamic jurists and scholars have historically held liberal views on birth control

There is no single attitude to contraception within Islam; however, eight of the nine classic schools of Islamic law permit it. While more conservative Islamic leaders have openly campaigned against the use of condoms or other birth control methods, Islamic jurists have approved of the use of birth control if the two spouses both agreed to it.

Coitus interruptus, a primitive form of birth control, was a known practice at the time of Muhammad, and his companions engaged in it. Muhammad knew about this but never advised or preached against it.

Muslim scholars have extended the example of coitus interruptus, by analogy, to declaring other forms of contraception permissible, subject to three conditions:

• As offspring are the right of both the husband and the wife, the birth control method should be used with both parties' consent.
• The method should not cause permanent sterility.
• The method should not otherwise harm the body.

In practice, most Muslim authorities permit contraception to preserve the health of the mother or the well-being of the family. There are a number of hadith which indicate that the Prophet knew of birth control and approved of it in appropriate circumstances.

However, it is important to note that contraceptive methods that do not prevent conception but cause a very early abortion are not accepted. Contraception with the aim of having a permanently child-free marriage is also not accepted. So sterilisation is wrong – partly because it prevents children permanently and partly because of a text forbidding men to castrate themselves.

Abortion is allowed in Islam if the foetus has abnormalities that are incompatible with life

Abortion is a highly controversial topic in Islam, with different sects and scholars holding varying views. While abortion is generally forbidden in Islam, it is allowed in certain circumstances, such as when there is a threat to the mother's life or the presence of foetal anomalies that are incompatible with life.

Islamic scholars agree that the termination of a pregnancy is permissible if the mother's life is at risk. This is because the mother's life is considered paramount, and the preservation of life is a fundamental principle in Islam.

Regarding foetal anomalies, there is more variation in opinion. Most Islamic scholars agree that abortion is allowed before ensoulment, which is believed to occur at 120 days after fertilisation, if the foetus has abnormalities that are incompatible with life. After ensoulment, abortion is generally forbidden, even in the presence of foetal abnormalities, unless there is a risk to the mother's life.

Some scholars, such as those from the Maliki and Hanbali schools of thought, prohibit abortion at any stage of pregnancy, as they believe that the fetus is ensouled at the moment of conception, and thus, abortion is considered a form of murder.

However, other scholars argue for more flexibility, especially in cases of severe foetal anomalies. They emphasise the need to prevent prolonged suffering for both the mother and the affected child, as well as the potential for maternal morbidity or mortality if the pregnancy is carried to term.

In countries like Saudi Arabia and Iran, religious edicts on abortion are considered law, while in other Islamic countries, they serve as guidelines that can be debated and changed by parliament. Ultimately, the permissibility of abortion in Islam depends on factors such as time, extenuating circumstances, and the specific interpretations of religious texts and laws by different sects and scholars.

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