Sharia Law's Complex Stance On Abortions Explained

Sharia law, or Islamic law, is based on the Quran, the sayings and actions of the Prophet Muhammad, and the rulings of Islamic scholars. While the Quran does not directly address intentional abortion, Muslim views on the topic are shaped by various sources, including Hadith (the sayings and actions of Muhammad) and the opinions of religious scholars. Abortion is a highly controversial topic in Muslim-majority countries, and Islamic schools of thought differ in their interpretations of when and if abortions are permissible.

Abortion to save the mother's life

Sharia law, or Islamic law, rarely permits abortion after 120 days of pregnancy. Abortion is generally regarded as wrong and 'haram' (forbidden) in Islam, 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 in danger. This is the only reason accepted for abortion after 1200 days of pregnancy. This is because the mother is considered the 'originator' of the foetus, and her life is well-established, with duties and responsibilities, and she is part of a family.

The Islamic view is based on the very high priority the faith gives to the sanctity of 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.

Most Muslim scholars would say that a foetus in the womb is recognised and protected by Islam as a human life.

The more advanced the pregnancy, the greater the wrong of abortion. However, even those scholars who would permit early abortion in certain cases still regard abortion as wrong, but do not regard it as a punishable wrong.

Abortion is regarded as a lesser evil in this case because:

• The mother is the 'originator' of the foetus.
• The mother's life is well-established.
• The mother has duties and responsibilities.
• The mother is part of a family.
• Allowing the mother to die would also kill the foetus in most cases.

There is almost unanimous agreement that after 120 days, abortion is not permissible unless the defect in the embryo puts the mother's life in danger.

In summary, abortion is allowed in Islam to save the mother's life, but only before 120 days of pregnancy. After this point, abortion is only allowed if the defect in the embryo puts the mother's life in danger.

Abortion in the first 16 weeks of pregnancy

The Hanafi and Shafi'i schools of Sunni Islam believe that abortion is permissible until the end of four months, provided there are legitimate grounds. The Maliki and Hanbali schools, on the other hand, permit abortion at the request of both parents for up to 40 days, but prohibit it from day 40 onwards.

Islamic scholars generally agree that abortion is allowed before ensoulment, which is believed to occur at 120 days after conception. After this point, abortion is forbidden, even in the presence of foetal abnormalities, except when the mother's life is at risk.

Some Islamic scholars, such as those from the Maliki school, hold that the fetus is ensouled at conception, and therefore, abortion is not permitted at any point. Shia Islam also forbids abortion after the implantation of the fertilised ovum.

In certain circumstances, abortion may be allowed within the first 16 weeks. For instance, some scholars permit abortion in cases of rape or incest within the first 120 days. Additionally, if the fetus has a severe defect that cannot be treated and will cause suffering, abortion may be allowed within the first 120 days, provided it is decided by a committee of competent medical specialists.

While Islam places a high priority on the sanctity of life, it also recognises the need to choose the lesser of two evils. In the case of abortion, saving the life of the mother is considered paramount, and thus, abortion is permitted to protect her life.

Abortion where the mother has been raped

Sharia law, or Islamic law, is derived from the Quran, the sayings and actions of the Islamic prophet Muhammad, and the opinions of legal and religious scholars. While the Quran does not directly address intentional abortion, Islamic scholars have interpreted its guidance to apply to the termination of pregnancy.

Islamic law rarely permits abortion after 120 days of gestation, which is considered the time when the foetus is ensouled or imbued with a soul. This is based on a Hadith, or a collection of the sayings and actions of Muhammad, which states that a foetus becomes a living soul after 120 days of gestation.

In the case of abortion where the mother has been raped, there are differing views among Islamic scholars. Some scholars state that abortion is permissible in the first 120 days of pregnancy in cases of rape. This is based on the principle of choosing the lesser of two evils, as the mother's life and well-being take precedence over the life of the foetus, which is considered only "potential" life.

Other scholars argue that abortion is never permitted in cases of rape, as they believe that the value of life is the same regardless of how the embryo was conceived. They consider abortion in these cases to be a form of murder.

It is worth noting that Islamic law does allow for abortion if the mother's life is in danger, even after the 120-day period. This is agreed upon by all Islamic schools of thought.

In recent times, some Muslim-majority countries have issued rulings permitting abortion in cases of rape. For example, in 2004, the Grand Sheikh of Al-Azhar in Egypt approved a draft law allowing women to abort a pregnancy resulting from rape, even after 120 days of conception. Additionally, in 1991, the Grand Mufti of Palestine ruled that Muslim women raped by Serbian soldiers during the Kosovo War could take abortifacient medicine.

Abortion where the foetus has a defect

Abortion in the case of foetal defects is a highly contested issue in Islamic law, with different scholars and schools of thought holding different views.

Islamic law, or Sharia law, is derived from the Quran, the recorded authentic sayings and precedents set by the Prophet (Sunnah), and the ijtihad (rulings deduced from Islamic principles based on the Quran and Sunnah by learned scholars).

The Quran does not directly address intentional abortion, and opinions among Islamic scholars differ over when a pregnancy can be terminated. However, there is a general consensus that abortion is permissible if continuing the pregnancy would put the mother's life in danger, as the mother's life is seen as taking precedence over the life of the foetus.

Islamic scholars and schools of thought differ on whether abortion is permissible in the case of foetal defects, and at what stage of the pregnancy.

Some scholars and schools of thought hold that abortion is permissible in the case of foetal defects that are incompatible with life, but only before ensoulment, which is believed to occur at 20 weeks or 120 days after conception. After ensoulment, abortion is forbidden unless the mother's life is in danger.

Other scholars and schools of thought argue that abortion is not permitted in the case of foetal defects, even before ensoulment.

A resolution passed by the Islamic jurisprudence council of Mekkah Al Mukaramah (the Islamic World League) in February 1990 allowed abortion if the foetus had:

> "grossly malformed with untreatable severe condition[s] proved by medical investigations and decided upon by a committee formed by competent trustworthy physicians, and provided that abortion is requested by the parents and the foetus is less than 120 days computed from [the] moment of conception."

In Saudi Arabia, scholars have held that abortion is permissible before ensoulment if the mother's health is at risk or if the foetus has abnormalities that are incompatible with human life.

In Iran, Ayatollah Ali Khamenei has issued a fatwa permitting abortion for foetuses under 10 weeks old that have the genetic blood disorder thalassemia.

The permissibility of abortion in the case of foetal defects depends on the specific circumstances and the interpretation of Islamic law by the relevant scholars and schools of thought.

Abortion where the mother's mental health is at risk

Sharia law, or Islamic law, is derived from the Quran, the recorded authentic sayings and precedents set by the Prophet Muhammad, and the rulings deduced from Islamic principles by learned scholars. While the Quran does not directly address intentional abortion, Islamic scholars agree that abortion is forbidden in Islam, except in certain circumstances.

Islamic scholars agree that abortion is permissible when the mother's life is in danger, as the mother's life is paramount. In addition, most Islamic schools of thought consider abortion permissible if the pregnancy poses a physical or psychological harm to the mother.

In Sunni Islam, the Hanafi school believes that abortion before the hundred-twenty-day period is over is permitted, though some Hanafi scholars teach that an abortion within 120 days is 'makruh' (discouraged). The Hanafi school also permits abortion if there is a serious congenital anomaly in the fetus.

In Shia Islam, abortion is forbidden after implantation of the fertilised ovum, except in the case of a threat to the mother's life. Ayatollah Khomeini, the leader of the Iranian Islamic Revolution, has declared that Sharia law forbids abortion without any reason, even at the earliest possible stage. However, some Shiite scholars have allowed abortion in cases of severe fetal deformities that cause extreme suffering or hardship for the mother or family.

According to Islamic scholars, abortion is absolutely forbidden after four months of gestation, as this is considered akin to taking a life. However, abortion may be permitted after this period if the mother's life is in danger.

Overall, while Sharia law generally forbids abortion, it does allow for termination of pregnancy in certain circumstances, including when the mother's mental health is at risk.

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