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The Definition of abortion:

 
Termination of pregnancy before conception is completed; either by the mother herself, or by someone else, such as the physician.
 
Jurists are unanimously agreed that life is animated after 120 days from pregnancy, according to the Prophetic Hadeeth: each one of you remains in his mother’s womb as reproductive cell for forty days, and then he turns into an attachable substance for the same period, and then he turns into  chunk of flesh for an equal period. Thereupon, Allah sends an angel into the womb to record the fetus’ four foreordained decrees: His provisions, his term of life,   wretched, or prosperous. Soul would then be breathed into it.” 1
 
Once the fetus is given life, then it is considered as a human upon the completion of its 4th month, it becomes entitled to all the rights of the born baby.
 
On the other hand, if an attempt of destroying a fetus entails compensation to be paid by the offender, then by right, compensation should be imposed the mother who intends to abort her own baby for the purpose of destroying it. For abortion, after life is conducted into, the infant is prohibited unless it is called for by medical emergency; that is, if pregnancy continues, it would be hazardous to the mother’s health or life, as jurists in the past and the present have asserted.
 
 The ruling on abortion after life is infused in the  fetus:
 
 It is mentioned in the following fatwa, which was issued by the Supreme Council of Scholars in the Kingdom of Saudi Arabia, #140, dated: 20/06/1407 AH. That:
 
If conception is in its first stage; that is, during the first 40 days, and if a legal wisdom, calls for it, or of medical hazard is anticipated there is then it is permissible to have abortion. But having abortion at this stage for fear of poverty, or inability to maintain, or educate children, or for both spouses being satisfied with the already existing family number is impermissible.
 
The ruling on aborting a deformed fetus:
 
The Juridical Assembly of the Muslim World League has issued a fatwa during its 12th Session in 1410 AH. In which they have permitted aborting a fetus which is severely deformed, provided it is approved by a committee of specialized physicians, and before the infant is 120 days old.
 
The ruling on abortion for a woman who has become pregnant as result of an incest affair, or raping:
 
The Islamic Council in Algiers has issued a fatwa in which they assert: It is preponderantly agreed that it is permissible for a raped woman, or a woman impregnated through fornication or adultery to have abortion in the stage during which life is not infused in the fetus. Such cases provide legitimate excuse for abortion provided rape case is reported to police or a similar authority so that a fornicatrix would not employ such permission claiming that she is raped.
 
There is no doubt that if a young innocent virgin Muslim girl is raped by an impious infidel, she as well as her family would have strongervalid excuse for abortion.
 
However, necessity should be evaluated according to relevant circumstances. Thus, permission would be restricted to the appropriate excuse as estimated by those who are entitled to issue such permission scholars, physicians, and wise people. Otherwise, prohibition remains effective.
 
On the other hand, it is the right of such victimized woman to keep her infant, and should not be forced to abort it.
 
Justification of abortion after life is infused in the infant:
 
Majority of researchers think that it is necessary to treat the mother whose pregnancy could threaten her health, or preserve her life in case gestation exposes her to danger. Some of them added that abortion is permissible in case that fetus suffers critical deformity that if it survives it would not lead a normal life; rather a miserable life.
 
Spontaneous abortion:
 
It is the termination of pregnancy without outside interference. It takes place spontaneously for which there is neither harm nor sin on the part of the mother; for she has intension of violating the will of Allah to complete the gestation period or terminating it.
 
Therapeutic abortion:
 
It is the legal interruption of pregnancy. The preponderant opinion is to save the mother’s life by disposing the fetus’ life.
 
Criminal abortion:
 
It is motivated by fear of poverty, or status; not because of an error or emergency. Further incidental causes for getting rid of fornication or rape’s consequences.
 
While disposing of a female fetus is a violation of the divine purpose of marriage. That is because such person’s purpose is illegitimate. Furthermore, this practice is a mean of eliminating posterity, which is one of the recognized objectives of the Islamic Shari’ah.
 
Abortion is an illegitimate means, except in emergent cases that are stated by jurists. It could not be used as a mean to preserve a legitimate intension for preserving posterity in general-rather, it is a pretext for attaining an illegal objective, which is terminating a human life, and violating the gift of life, which Allah grants the fetus.
 
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Dr. Faridah Sadiq Zuzu is a lecturer in The Collegeof Shari’ah and Justice, The University of  Islamic Sciences, Malaysia.

1  Muslim

 

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