Trends Among Scholars Regarding the Ruling on Abortion Before the Soul is Breathed - islamweb.com
Trends Among Scholars Regarding the Ruling on Abortion Before the Soul is Breathed
Question: My menstrual cycle is delayed by about six days, and I fear I might be pregnant. This concerns me because my youngest child is still two years old, and I am currently completing the practical part of my master’s thesis. I worry that if I am pregnant, I may experience pregnancy symptoms such as vomiting, dizziness, and fatigue, which could hinder my progress. Therefore, I seek your guidance on whether it is permissible to abort this pregnancy in its early stages or not, as I fear that abortion at this stage might be forbidden and incur the displeasure of Allah, Glorified and Exalted. Please provide a prompt response, and thank you sincerely.
Answer: Praise be to Allah, and peace and blessings be upon the Messenger of Allah, his family, and his companions. To proceed:
Abortion after the soul has been breathed into the fetus is unanimously prohibited. However, before this stage, there is scholarly disagreement. The majority of scholars hold that it is forbidden, while some consider it disliked (makruh), others permit it with a valid excuse, and some allow it unconditionally. The most likely opinion is that abortion is permissible within the first forty days if there is a valid excuse and a benefit, as referenced in Fatwa No. 8781. Below is a detailed exposition of the scholars’ opinions from the (Encyclopedia of Islamic Jurisprudence):
Regarding the ruling on abortion before the soul is breathed, there are various trends and multiple opinions, even within the same legal school. Some permit it unconditionally, as mentioned by certain Hanafi scholars, who stated that abortion is allowed after conception as long as the fetus has not yet formed. In their terminology, “formation” refers to the breathing of the soul. This view was uniquely held by al-Lakhmi among the Malikis for the period before forty days and by Abu Ishaq al-Marwazi among the Shafi’is, also before forty days. Al-Ramli stated that if the fetus resulted from adultery, abortion might be conceivable before the soul is breathed. This permissibility is also a view among the Hanbalis in the earliest stages of pregnancy, as they allowed a woman to take permissible medicine to expel a sperm (nutfa) before it becomes a clot (alaqa). Ibn Aqil stated that what has not yet received the soul will not be resurrected, implying that aborting it is not forbidden. The author of (Al-Furu‘) noted that Ibn Aqil’s statement has merit.
Others permit abortion only with a valid excuse, which aligns with the essence of the Hanafi school. Ibn Abidin cited from (Kifayat al-Khaniyya) that abortion is not permissible without an excuse, as even a hunter who breaks a game animal’s egg is held liable because it is the origin of the game. Thus, if abortion occurs without an excuse, the woman incurs sin. Ibn Wahban mentioned that valid excuses include a mother whose milk ceases after pregnancy, with no means for the father to hire a wet nurse, and there is fear for the child’s safety. Ibn Wahban stated that permissibility of abortion is contingent on necessity. Those among the Malikis, Shafi’is, and Hanbalis who permit abortion without restriction would certainly permit it with a valid excuse. Al-Khatib al-Shirbini cited al-Zarkashi, stating that if a woman is compelled by necessity to take permissible medicine that causes abortion, it is appropriate, and she is not liable for it.
Some scholars hold that abortion is disliked (makruh) unconditionally.
This view was stated by the Hanafi jurist Ali ibn Musa. Ibn A, who Abed saidin that abortion is disliked before the time when the soul is breathed-in, as the sperm, once settled in the womb, is destined for life and thus has the ruling sanctity of life, similar to the egg of a game animal in the sacred precinct. This is also a view among the Malikis for the period before forty days and a probable opinion among the Shafi’is. Al-Ramli stated that abortion before the soul is breathed cannot be said to be merely suboptimal; rather, it may be considered either disliked or forbidden, with prohibition becoming stronger as the time of ensoulment approaches, as it constitutes a crime.
Others hold that abortion is forbidden, which is the authoritative position among the Malikis. Al-Dardir stated that it is not permissible to expel the formed semen from the womb, even before forty days. Al-Dusuqi commented that this is the relied-upon position, though some said it is disliked, indicating that Al-Dardir’s statement implies prohibition. Ibn Rushd reported that Malik said that anything a woman expels—whether a clot (alaqa) or a chewed substance (mudgha)—that is known to be a fetus incurs a penalty (ghurra). Malik also favored expiation (kaffara) alongside the penalty. Prohibition is the stronger view among the Shafi’is, as the sperm, after settling, is destined for formation and prepared for the soul. This is also the absolute position of the Hanbalis, as stated by Ibn al-Jawzi, and is evident in the statements of Ibn Aqil, Ibn Qudama, and others after the sperm stage, as they prescribed expiation and a penalty for anyone who strikes a pregnant woman’s abdomen causing a miscarriage, or for a pregnant woman who takes medicine and expels a fetus.
And Allah knows best.
Original Fatwa here