Islam and abortion

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Muslim views on abortion are shaped by Hadith (the words, actions, and the silent approval of the Islamic prophet Muhammad as transmitted through chains of narrators), as well as by the opinions of legal and religious scholars and commentators. The Quran does not directly address intentional abortion, leaving greater discretion to the laws of individual countries. Although opinions among Islamic scholars differ over when a pregnancy can be terminated, there are no explicit prohibitions on a woman's ability to abort under Islamic law.[1][2]

Each of the four Sunni Islam schools of thought—Hanafi, Shafi'i, Hanbali, and Maliki—have their own reservations on if and when abortions are permissible.[3] The Maliki school holds that "the fetus is ensouled at the moment of conception," and thus "most Malikis do not permit abortion at any point, seeing God's hand as actively forming the fetus at every stage of development."[3] The Sahih al-Bukhari (book of Hadith) writes that the fetus is believed to become a living soul after 120 days' gestation.[4] Therefore, some Hanafi scholars believe that abortion before the hundred-twenty-day period is over is permitted, though some Hanafi scholars teach that an abortion within 120 days is makruh (disapproved, i.e., discouraged).[3] All Islamic schools of thought agree abortion is recommended when the mother's life is in danger, because the mother's life is paramount.

In Shia Islam, abortion is "forbidden after implantation of the fertilised ovum." The leader of the Iranian Islamic Revolution, Ayatollah Khomeini, declared that shari'a forbids abortion without any reason "even at the earliest possible stage"[5] a position shared by other Shiite scholars.

American academic Azizah Y. al-Hibri claims that "the majority of Muslim scholars permit abortion, although they differ on the stage of fetal development beyond which it becomes prohibited."[6] According to Sherman Jackson, "while abortion, even during the first trimester, is forbidden according to a minority of jurists, it is not held to be an offense for which there are criminal or even civil sanctions."[7]

In the 47 countries of the world with Muslim-majority populations, access to abortion varies greatly. In many, abortion is allowed when the mother's life is at risk.[8] In 18 of the countries, including Iraq, Egypt and Indonesia, this is the only circumstance where abortion is permitted. In another ten countries it is allowed on request. Mauritania, however, prohibits abortion under any circumstance.[9] In others[which?], abortion is permitted under certain circumstances besides preserving the mother's life, such as preserving her mental health, cases of foetal impairment, incest or rape, and social or economic reasons.

  1. ^ Molina, Alejandra (2021-09-04). "Comparing Texas' abortion ban to Islamic law is inaccurate, perpetuates Islamophobia, experts say". Religion News Service. Retrieved 2021-10-09. While opinions vary over when a pregnancy can be terminated, there is no complete ban on a woman's right to end a pregnancy under Islamic law.
  2. ^ Hatuqa, Dalia (January 26, 2022). "US Muslim advocates weigh in on abortion rights battle". www.aljazeera.com. Retrieved 2022-02-24.
  3. ^ a b c Weigl, Constanze (2010). Reproductive Health Behavior and Decision-making of Muslim Women: An Ethnographic Study in a Low-income Community in Urban North India. LIT Verlag Münster. p. 199. ISBN 978-3-643-10770-1.
  4. ^ "(The matter of the Creation of) a human being is put together in the womb of the mother in 40 days(some say 120), and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things...then the soul is breathed into him"
    Sahih al-Bukhari, 4:54:430
  5. ^ Hedayat, K M; Shooshtarizadeh, P; Raza, M (1 November 2006). "Therapeutic abortion in Islam: contemporary views of Muslim Shiite scholars and the effect of recent Iranian legislation,". Journal of Medical Ethics. 32 (11): 652–657. doi:10.1136/jme.2005.015289. PMC 2563289. PMID 17074823.
  6. ^ Ehrich, Tom (August 13, 2006). "Where does God stand on abortion?". USA Today.
  7. ^ Jackson, Sherman A. (2005). "Blackamerica, Immigrant Islam, and the Dominant Culture". Islam and the Blackamerican: Looking Toward the Third Resurrection. Oxford, UK: Oxford University Press. p. 151. ISBN 9780195343571.
  8. ^ Shapiro, Gilla K (1 July 2014). "Abortion law in Muslim-majority countries: an overview of the Islamic discourse with policy implications". Health Policy and Planning. 29 (4): 483–494. doi:10.1093/heapol/czt040. PMID 23749735.
  9. ^ "The World's Abortion Laws". Center for Reproductive Rights. 2023-02-01. Retrieved 2023-04-04.