Ruling on Abortion in the First Weeks of Pregnancy - islamqa.com

Ruling on Abortion in the First Weeks of Pregnancy

Question: My wife is in the early weeks of pregnancy, and we have two young children: one is 18 months old, and the other is 7 months old. Is it permissible for my wife to have an abortion for family planning purposes or to allow the two young children to grow older, or is it not allowed?

Answer: Praise be to Allah, and peace and blessings be upon the Messenger of Allah. To proceed:

Scholars have differed regarding the ruling on abortion before the first forty days. A group of Hanafi, Shafi’i, and some Hanbali scholars have permitted it. Ibn al-Humam stated in [Fath al-Qadir] (3/401): “Is abortion permissible after conception? It is permissible as longotypes of formation have occurred. Otherwise, they stated that formation does not occur until after 120 days. This implies that they meant the breathing of the soul by ‘formation,’ otherwise it is incorrect, as formation is observed before this period.”

Al-Ramli stated in [Nihayat al-Muhtaj] (8/443): “The prevailing opinion is that abortion is forbidden absolutely after the soul is breathed, but permissible before it.”

In [Hashiyat Qalyubi] (4/160): “It is permissible to terminate the pregnancy, even with medicine, before the soul is breathed, contrary to Al-Ghazali’s view.”

Al-Mardawi stated in [Al-Insaf] (1/386): “It is permissible to take medicine to abort a sperm (nutfa). However, Ibn al-Jawzi stated in [Ahkam al-Nisa] that it is forbidden. In [Al-Furu‘], it is noted that Ibn Aqil’s apparent statement in [Al-Funun] is that abortion is permissible before the soul is breathed, and he said it has merit.”

The Maliki scholars, along with some Hanafi, Shafi’i, and Hanbali scholars, hold that abortion is not permissible at all. Al-Dardir stated in [Al-Sharh al-Kabir] (2/266): “It is not permissible to expel the formed semen from the womb, even before forty days, and after the soul is breathed, it is unanimously forbidden.”

Some scholars conditioned permissibility on a valid excuse, as detailed in [The Kuwaiti Encyclopedia of Islamic Jurisprudence] (2/57).

This is reflected in the resolution of the Council of Senior Scholars, which states:

- “Abortion is not permissible at any stage of pregnancy except for a legitimate Shar’i reason and within very strict limits.
- If the pregnancy is in its first stage, which is the first forty days, and aborting it serves a legitimate Shar’i benefit or prevents harm, it is permissible. However, aborting it during this period out of fear of hardship in raising children, inability to afford their expenses or education, concern for their future, or satisfaction with the number of children the couple already has, is not permissible.” [Quoted from Al-Fatawa al-Jami’a (3/1055)]

The Permanent Committee for Scholarly Research and Ifta stated in [Fatawa al-Lajnah al-Da’imah] (21/450):

“The default ruling regarding a woman’s pregnancy is that abortion is not permissible at any stage except for a legitimate Shar’i reason. If the pregnancy is still in the sperm (nutfa) stage, which is forty days or less, and aborting it serves a legitimate Shar’i benefit or prevents anticipated harm to the mother, it is permissible in this case. However, this does not include fear of hardship in raising children, inability to afford their expenses or upbringing, satisfaction with a certain number of children, or similar non-Shar’i justifications.

If the pregnancy exceeds forty days, abortion is forbidden, as it becomes a clot (alaqa), marking the beginning of human creation. Abortion is not permissible after this stage unless a reliable medical committee determines that continuing the pregnancy poses a danger to the mother’s life, with a risk of death if the pregnancy continues.”

The prevailing view appears to be that abortion is permissible before forty days if there is a need, such as the case mentioned, where three consecutive pregnancies in a short time frame cause severe hardship and weaken the mother’s body, which may affect the fetus itself. Additionally, the mother may be unable to adequately care for three children of such young ages.

For further benefit, refer to the following responses: 85046, 390205, 11875.

And Allah knows best.

Original Fatwa here

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