Islam and abortion

A majority of scholars during the medieval age viewed abortion as permissible if the pregnancy was terminated before 120 days. The fetus was viewed as not being ensouled at conception but rather at after 120 days.[1][9] According to Islamic law scholar Abed Awad, this meant that abortion was not seen as a termination of life.[1] These views towards abortion are still referenced and used by several modern Islamic theologians and scholars.[1]

Religious studies scholar Zahra Ayubi stated that in historical Muslim thought in regards to abortion, ways to preserve human life was a topic scholars devoted more time into and considered more important while determining when life begins was given less attention.[10] The preservation of life was viewed as the safeguarding of the mother's life as it's her life that exists.[10] Several contemporary Muslim writers have also stated that premodern Islamic scholars were more tolerant on abortion.[11]

The controversial Hanbali jurist Ibn Taymiyyah stated in his fatwa collection Fatawa Ibn Taymiyyah, "Aborting a fetus has been declared unlawful (haram) with the consensus of all the Muslim scholars. It is similar to burying an infant alive as referred to by Allah Almighty in the verse of the Qur’an: 'And when the female infant, buried alive, will be asked as to what crime she was killed for' (Surah al-Takwir, verse 8)".[12]

In Shia Islam, abortion is "forbidden after implantation of the fertilised ovum." As with other Shiite scholars, Ayatollah Khomeini declared that "Termination of pregnancy even at the earliest possible stage under normal circumstances without any reason is not allowed" and that "The shari'a does not permit the abortion of a fetus."[7] In Sunni Islam, the period when a fetus becomes ensouled can vary within the same madhab and sect even if consensus exists. The Hanafi, Shi'is, Zaydi and some Shafi schools view the fetus as being ensouled at 120 days. However, other Shafi schools set the ensoulment stage of a fetus at 80 days. In the Maliki and Hanbali school of thought, ensoulment is placed at 40 days.[13] The Ibadi position states that a fetus becomes ensouled right at the time of conception.[13] Most schools consider abortion permissible if the pregnancy poses a physical or psychological harm to the mother.[13] Socio-economic factors or the presence of fetal anomalies is also viewed as justifiable reasons to abort in many schools.[13][9] However, Islamic jurists in all schools state that abortion is permissible even after the ensoulment stage of a fetus if the mother's life is in danger.[14][15]

Allah's Messenger gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah's Messenger gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her 'Asaba.

Hadith—Sahih al-Bukhari Book 87, Hadith 47,[16] Narrated Abu Hurairah

Umar consulted the companions about the case of a woman's abortion (caused by somebody else). Al-Mughira said: The Prophet gave the verdict that a male or female slave should be given (as a Diya). Then Muhammad bin Maslama testified that he had witnessed the Prophet giving such a verdict.

Hadith—Sahih Bukhari Book 87, Hadith 44,[17] Narrated Al-Mughira ibn Shu'ba

Umar consulted the people about the compensation of abortion of woman. Al-Mughirah b. Shu'bah said: I was present with the Messenger of Allah when he gave judgement that a male or female slave should testify you. So he brought Muhammad b. Maslamah to him. Harun added: He then testified him.

Imlas means a man striking the belly of his wife.

Abu Dawud said: I have been informed that Abu 'Ubaid said: It (abortion) is called imlas because the woman causes it to slip before the time of delivery. Similarly, anything which slips from the hand or from some other thing is called malasa (slipped).

Hadith— Sunan Abi Dawud Book 41, Hadith 77,[18] Narrated Al-Mughira ibn Shu'ba

Umar asked about the decision of the Prophet about that (i.e. abortion). Haml b. Malik b. al-Nabhigah got up and said: I was between two women. One of them struck another with a rolling-pin killing both her and what was in her womb. So the Messenger of Allah gave judgement that the bloodwit for the unborn child should be a male or a female slave of the best quality and then she should be killed.

Abu Dawud said: Al-Nadr b. Shumail said: Mistah means a rolling-pin.

Abu Dawud said: Abu 'Ubaid said: Mistah means a pole from the tent-poles.

Hadith— Sunan Abi Dawud Book 41, Hadith 79,[18] Narrated Ibn-Abbas

Among Muslims, the permissibility of abortion depends on factors such as time and extenuating circumstances. The four Sunni schools of thought have differing perspectives in which parts of gestation where abortion is permissible. It is important to note that Malikites do not permit abortion in any of the stages of gestation.

In all, there are 57 members in the Organization of Islamic Conference—an organisation of countries with Muslim majorities or pluralities. Most Muslim countries have restrictive abortion laws that permit abortions only when the life of the mother is threatened. Twelve members of the Organization of Islamic Conference allow unrestricted access to abortion. With the exception of Turkey and Tunisia, they are mainly former Soviet Bloc states. Bahrain, a politically and socially conservative Muslim state, is the 12th among these countries to permit unrestricted access to abortion. Among socially conservative Muslim countries, seven countries permit abortion in the first 4 months of gestation for fetal deformities, four countries in subSaharan Africa (Benin, Burkina Faso, Chad and Guinea) and three in the Middle East (Kuwait, Qatar and, now, Iran).[27]

• Ensoulment in Islam
• Islamic feminism