Abortion
Abortion in Islam is regarded as a complex issue that Muslim jurists have addressed with thoughtful consideration of religious, ethical, and legal implications. While abortion is generally viewed as blameworthy, it is permissible under certain conditions, particularly from different perspectives within the four Sunni schools of law.
Etymology
The term “abortion” does not have a direct equivalent in classical Arabic, but the concepts are often referred to as إجهاض (Ijhād) or إسقاط (Isqāt) in Islamic legal texts.
Conditions and Timing
Muslim jurists agree on different rulings before and after the ensoulment of the fetus. Ensoulment, marked at 120 days post-conception, significantly alters the permissibility of abortion:
- Pre-Ensoulment (before 120 days): Abortion is generally seen as makruh (disliked but not haram) but permitted under certain conditions such as severe fetal defects, risk to the mother’s life, or extreme financial hardship.
- Post-Ensoulment (after 120 days): Abortion is considered akin to homicide and thus haram (forbidden) unless there are extreme circumstances like unavoidable threat to the mother’s life.
The Four Sunni Schools of Law
- Hanafi School: Abortion before 120 days may be permitted if necessary, taking into account the circumstances and ethical considerations.
- Maliki School: Generally more stringent, viewing abortion as seriously problematic both before and after ensoulment, relaxing only for severe threats to the mother’s life.
- Shafi’i School: Mandates the baseline principle of the unborn child’s right to life but allows for some leniency before ensoulment for genuine hardships.
- Hanbali School: Similar to the Shafi’i stance, it upholds the severity post-ensoulment while being somewhat flexible with justifiable reasons before 120 days.
Fetal Rights According to Islamic Law
An ensouled fetus is recognized as having multiple rights:
- Right to Life: The unborn child’s right to live as decreed by God is fundamental.
- Inheritance: An unborn child has presumptive rights to inheritance which are held until birth.
- Burial: Miscarried or stillborn children are accorded full respect, given names, enshrouded, and buried.
Juridical Implications
Severe penalties apply for post-ensoulment abortion, often equated with homicide. Provisions also exist for:
- Pregnant Women Facing Execution: Death sentences may be postponed until the delivery of the baby.
- Maternal Death: The Shafi’i tradition sometimes requires an attempt to save a child through post-mortem removal from the deceased mother.
Cultural Practices
- Naming and Burial: Miscarried and stillborn children are given names, shrouded in white cloth, and buried according to Islamic practices, emphasizing dignity and respect.
Further Reading
For expanded comprehension, consider exploring:
- “Islamic Law and Ethics: A Comparative Study” by Wael B. Hallaq
- “Research Handbook on Islamic Law and Society” edited by Robert Gleave
- “Islam, Law and Custom: Redefining Meaning” by Guy Burak
Takeaways and Conclusion
Understanding Islamic rulings on abortion requires a nuanced approach that considers theological, ethical, and legal aspects across different Sunni schools. The divided opinions hinge on the stage of fetal development, with intricate rights and duties recognized from conception to potential inheritance.
Abortion in Islam serves as an illustrative example where religious doctrines and contemporary issues intersect, underscoring the breadth of Islamic jurisprudence and its adaptability to complex ethical questions.
By considering the canonical texts and engaging with contemporary scholarship, a deeper appreciation of Islam’s comprehensive legal and ethical frameworks can be attained.
