Islam and abortion

Sayyid al-Sabiq, author of Fiqh al-Sunnah, has summarized the views of the classical jurists in this regard in the following words:

Abortion is not allowed after four months have passed since conception because at that time it is akin to taking a life, an act that entails penalty in this world and in the Hereafter. As regards the matter of abortion before this period elapses, it is considered allowed if necessary. However, in the absence of a reasonable excuse it is detestable. The author of ‘Subul-ul-Maram’ writes: "A woman’s treatment for aborting a pregnancy before the spirit has been blown into it is a matter upon which scholars differed on account of difference of opinion on the matter of ‘Azal (i.e. measures to hinder conception). Those who allow ‘Azal consider abortion as allowable and vice versa." The same ruling should be applicable for women deciding on sterilization. Imam Ghazzali opines: "Induced abortion is a sin after conception". He further says: "The sin incurred thus can be of degrees. When the sperm enters the ovaries, mixes with the ovum and acquires potential of life, its removal would be a sin. Aborting it after it grows into a germ or a leech would be a graver sin and the graveness of the sin increases very much if one does so after the stage when the spirit is blown into the fetus and it acquires human form and faculties."[8]

Stage 1 Nutfa (Sperm)[9]

This is the stage from conception to 40 days since the semen has fertilized the ovum. In this stage, Hanafites permit abortions, the majority of Shafites permit abortions, some Hanbalites permit it, but Malikites do not.

Among contemporary Sunni scholars, Yasir Qadhi states that abortion may be performed within the first 40 days of pregnancy "for a very legitimate reason", but is prohibited after that period, at which point ensoulment occurs.[10]

Stage 2 Alaqa (Blood Clot)

This is the stage 40-80 days after conception when the fertilized egg has become blood clot-like. In this stage, Hanafites permit abortions, while only some Shafites and Hanbalites permit it.

Stage 3 Mudgha (Embryo)

This is the stage 80-120 days after conception where the blood clot has now formed into flesh. In this stage, Hanafites permit abortions, only some Shafites and Hanbalites permit it.

Stage 4 Khalqan Akhar (Spirit)

This is the stage 120 days after conception when based on Islam a soul/spirit has entered the body. In this stage none of the four schools of thought permit abortions.

On the issue of the life of the woman, Muslims universally agree that her life takes precedence over the life of the fetus. This is because the woman is considered the "original source of life," while the fetus is only "potential" life.[11] Muslim jurists agree that abortion is allowed based on the principle that "the greater evil [the woman's death] should be warded off by the lesser evil [abortion]." In these cases the physician is considered a better judge than the scholar.[12]

According to the Twelvers, there is consensus among ayatollahs that abortion is allowed up to 120 days only when it is medically proven that the life of a mother is in danger. Other than that, before or after 120 days, abortion is always forbidden, no matter the circumstances (such as problems with the fetus or poverty, etc.).[13]

Muslim scholars have held that the child of rape is a legitimate child and thus it would be sinful to kill this child. Scholars permit its abortion only if the fetus is less than four months old, or if it endangers the life of its mother.[14]

When the pregnancy is unplanned and therefore unwanted, as in the case of rape, the parents, [have to/should, as adoption is unlawful] abort the fetus and thus prevent the disgrace that awaits both mother and child [..] the child born of rape, like one born of adultery (walad zina) is a more lowly member of society with regard of the rights he or she is guaranteed and the social status he or she can attain.

— [14]

Muslim scholars were urged to make exceptions in the 1990s following the rape of Bosnian and Albanian women by Serb soldiers. In 1991, the Grand Mufti of Palestine, Ekrima Sa'id Sabri took a different position than mainstream Muslim scholars. He ruled that Muslim women raped by their enemies during the Kosovo War could take abortifacient medicine, because otherwise the children born to those women might one day fight against Muslims.[14]

Some Sunni Muslim scholars argue that abortion is permitted if the newborn might be sick in some way that would make its care exceptionally difficult for the parents (e.g. deformities, mental handicaps).[2][14] Widely quoted is a resolution of the Saudi-led jurisprudence council of Mekkah Al Mukaramah (the Muslim World League) passing a fatwa in its 12th session held in February 1990. This allowed abortion if the foetus was grossly malformed with untreatable severe condition proved by medical investigations and decided upon by a committee formed by competent trustworthy physicians, and provided that abortion is requested by the parents and the foetus is less than 120 days computed from moment of conception.[15]