Abortion and termination of pregnancy would be the expulsion of a foetus in the uterus of a female. This could be by swallowing of particular drugs or by draining the uterus through the procedure of suction.
It doesn’t matter where the lifetime is different. Whether the entire life is extra-uterine or even intra-uterine, its place doesn’t have any importance on its sanctity. This sanctity applies not just to human anatomy, but also to the body too. Hence, based on Shari’ah, the physical body of an individual after death is at least as sacred as it had been an earlier departure. The amount of sanctity of life will be higher than that of their body. This is only one reason why it’s unlawful (Haram) to absorb the meat of a person, dead or living.
Abortion In Islam
The Shari’ah judgment on abortion:
A) Abortion following the spirit (Ruh) passes the foetus
B) Abortion before the entrance of this soul into the foetus
Before mentioning the judgment on abortion concerning those two stages, it has to be recalled here, that based on Shari’ah the spirit (Ruh) passes the foetus in 120 days (4 weeks) in conception.
The Jurists (Fuqaha) have established this length on a Qur’an verse and also a report on the beloved of Allah Subhanahu wa Ta’ala. At the verse, Allah says the stages of growth of the embryo in the uterus of their mother. Allah Subhanahu wa Ta’ala states:
12. “And certainly did We create man from an extract of clay.”
13. “Then We placed him as a sperm-drop in a firm lodging.”
14. “Then We made the sperm-drop into a clinging clot, and We made the clot into a lump [of flesh], and We made [from] the lump, bones, and We covered the bones with flesh; then We developed him into another creation. So blessed is Allah, the best of creators.”
From the Hadith recorded by Imam al-Bukhari and Imam Muslim within their respective Sahih collections, Rasulullah Shallallahu’alaihi Wasallam discussed in detail the phases elapsing between those stages, cited by the Qur’an.
Abdullah bin Mas’ud Radhiyallahu ‘Anhu narrates that Rasulullah Shallallahu’alaihi Wasallam said:
“The seed of one of you remains in the womb of the mother for forty days in the form of a Nutfa. Then it remains like a clot for another forty days, and then for the same number of days like a lump of flesh” (when the formation of the limbs and the growth of the bones begin). (Sahih al-Bukhari & Sahih Muslim).
The judgment on abortion at stage (a) i.e. following the entrance of the soul to the foetus that is (as clarified) 120 days, is that it was completely impermissible and relegated to murder since it results from the carrying from an innocent life. Each of the scholars has condemned this kind of ghastly act.
Imam Ibn Taymiyyah says in his Fatawa collection:
“Aborting a feotus has been declared Haram with the consensus of all the Muslim scholars. It is similar to burying an infant alive as referred to by Allah Subhanahu wa Ta’ala 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, 8) (Fatawa Ibn Taymiyyah, 4/217).
When the Mother’s Life is in Danger
Some Fuqaha and modern scholars have contributed a dispensation to abort the pregnancy following 120 days, at the scenario in which the lifetime of their mother is at certain and complete threat. That relies on the Juristic principle stated in the novels of Usul al-Fiqh:
“If one is overtaken by two evils, one should choose the lesser of the two” (al-Ashbah wa al-Naza’ir, P.98)”
They say that the mother’s life ought to be preserved and the foetus aborted since the mother is set in life, together with duties and obligations, whereas the unborn child remains in the mother’s womb. However, it needs to be recalled that your mother’s life has to be in certain threat and that this ought to be guided by a capable and skilled Muslim doctor.
Abortion Before 120 Days
With respect to stage (b) i.e. before the entrance of the soul to the foetus (120 days), the judgment is that, in this instance it’s unlawful (Haram) to abort the pregnancy.
The main reason abortion before the spirit entering the body won’t be allowed is that, though there might not be life from the foetus, the foetusis regarded as part and parcel of their mother’s body so long as it stays in the uterus. So, as one’s lifestyle and also all of the limbs and organs of the body are hope given by the Almighty Creator, so also is that the foetus also a hope given to the mom by Allah, and she will not have the right to abort it.
The only difference is that the sin of aborting the foetus is going to probably be at a lesser level than aborting it after 120 days. It wouldn’t be considered murder, instead of violating the rights of an individual organ entrusted to the mother by Allah Subhanahu wa Ta’ala.
It is said in Radd al-Muhtar:
“It is not permissible to abort the pregnancy before and after the entry of the soul into the foetus” (Radd al-Muhtar, 5/279)
However, in some extreme conditions, it might be allowed to abort the pregnancy, even before the entrance of their spirit (120 days), for example: if the girl conceives after being humiliated, the mother’s life or health is at risk, or repeated pregnancies seriously harm her well-being.
Imam al-Haskafi writes in Durr al-Mukhtar:
“Aborting the pregnancy will be permissible due to a valid reason, provided the soul has not yet entered the foetus”.
In summary, Abortion In Islam after 120 times is completely unlawful and sentenced to murder. Some Fuqaha, nevertheless, has contributed a dispensation just in the scenario where the mother’s life is at certain threat. So far as abortion, before the 120 days have elapsed, is worried, it will nonetheless be unlawful, although the sin is going to be of a lesser level likely, and it’ll end up permissible if there’s a real and legitimate reason.