As-Salamu `alaykum wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Sister, may Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the Hereafter, Ameen.
First of all, it is to be stated that Islam forbids abortion in all stages of pregnancy. When the pregnancy reaches 120 days old, abortion becomes totally forbidden and is deemed a form of murder that results in compensation becoming liable. If abortion is done prior to this period, no compensation is liable but one should ask forgiveness and promise never to commit it again. In addition, it is highly recommended to do much righteous deeds such as giving in charity, etc.
In response to the question in point, the European Council for Fatwa and Research, issued the following fatwa:
Indeed, abortion is forbidden in Islam whether it be in the earlier stages of pregnancy or otherwise. The extent of sin incurred varies according to the stage of pregnancy, so that less sin would be incurred if the abortion took place during the early stages, while it becomes increasingly haram (unlawful) as the pregnancy advances. When the pregnancy reaches 120 days old, abortion becomes totally forbidden and is deemed a form of murder that results in compensation becoming liable. This compensation is equal in value to 213 grams of gold, and it is given to the heir who did not participate in the abortion (i.e., brother/sister or grandparent(s), etc., according to the laws of inheritance).
However, the only condition under which abortion is allowed is when there is an actual threat to the life of the mother confirmed by an official medical report that if the pregnancy advances any further, the mother may die.
Given the above, since the abortion was done in the case in hand before the fetus was 120 days old, then no compensation is liable. However, it remains a sin, which one should ask forgiveness for and promise never to commit again. If the mother wishes to give in charity besides all this, then that is even better. Allah Almighty says in the Qur'an: (Verily, the good deeds omit the bad deeds… ) (Yunus 10: 114)
Sheikh Yusuf Al-Qaradawi, states in his well-known book, The Lawful and the Prohibited in Islam:
“While Islam permits preventing pregnancy for valid reasons, it does not allow doing violence to it once it occurs.
Muslim jurists have agreed unanimously that after the fetus is completely formed and has been given a soul, abortion is haram. It is also a crime, the commission of which is prohibited to the Muslim because it constitutes an offense against a complete, living human being. Jurists insist that the payment of blood money (diya) becomes incumbent if the baby is aborted alive and then died, while a fine of lesser amount is to be paid if it is aborted dead.
However, there is one exceptional situation. If, say the jurists, after the baby is completely formed, it is reliably shown that the continuation of the pregnancy would necessarily result in the death of the mother, then, in accordance with the general principle of the Shari`ah, that of choosing the lesser of two evils, abortion must be performed. The reason for this is that the mother is the origin of the fetus; moreover, her life is well-established, with duties and responsibilities, and she is also a pillar of the family. It would not be possible to sacrifice her life for the life of a fetus which has not yet acquired a personality and which has no responsibilities or obligations to fulfill.
Imam al-Ghazzali makes a clear distinction between contraception and abortion, saying that contraception is not like abortion. Abortion is a crime against an existing being. It follows from this that there are stages of existence. The first stages of existence are the settling of the semen in the womb and its mixing with the secretions of the woman. Then come the next gestational stage. Disturbing the pregnancy at this stage is a crime. When it develops further and becomes a lump, aborting it is a greater crime. When it acquires a soul and its creation is completed, the crime becomes more grievous. The crime reaches a maximum seriousness when it is committed after it (the fetus) is separated (from the mother) alive.”
Wassalam and Allah Almighty knows best.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Sister, may Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the Hereafter, Ameen.
First of all, it is to be stated that Islam forbids abortion in all stages of pregnancy. When the pregnancy reaches 120 days old, abortion becomes totally forbidden and is deemed a form of murder that results in compensation becoming liable. If abortion is done prior to this period, no compensation is liable but one should ask forgiveness and promise never to commit it again. In addition, it is highly recommended to do much righteous deeds such as giving in charity, etc.
In response to the question in point, the European Council for Fatwa and Research, issued the following fatwa:
Indeed, abortion is forbidden in Islam whether it be in the earlier stages of pregnancy or otherwise. The extent of sin incurred varies according to the stage of pregnancy, so that less sin would be incurred if the abortion took place during the early stages, while it becomes increasingly haram (unlawful) as the pregnancy advances. When the pregnancy reaches 120 days old, abortion becomes totally forbidden and is deemed a form of murder that results in compensation becoming liable. This compensation is equal in value to 213 grams of gold, and it is given to the heir who did not participate in the abortion (i.e., brother/sister or grandparent(s), etc., according to the laws of inheritance).
However, the only condition under which abortion is allowed is when there is an actual threat to the life of the mother confirmed by an official medical report that if the pregnancy advances any further, the mother may die.
Given the above, since the abortion was done in the case in hand before the fetus was 120 days old, then no compensation is liable. However, it remains a sin, which one should ask forgiveness for and promise never to commit again. If the mother wishes to give in charity besides all this, then that is even better. Allah Almighty says in the Qur'an: (Verily, the good deeds omit the bad deeds… ) (Yunus 10: 114)
Sheikh Yusuf Al-Qaradawi, states in his well-known book, The Lawful and the Prohibited in Islam:
“While Islam permits preventing pregnancy for valid reasons, it does not allow doing violence to it once it occurs.
Muslim jurists have agreed unanimously that after the fetus is completely formed and has been given a soul, abortion is haram. It is also a crime, the commission of which is prohibited to the Muslim because it constitutes an offense against a complete, living human being. Jurists insist that the payment of blood money (diya) becomes incumbent if the baby is aborted alive and then died, while a fine of lesser amount is to be paid if it is aborted dead.
However, there is one exceptional situation. If, say the jurists, after the baby is completely formed, it is reliably shown that the continuation of the pregnancy would necessarily result in the death of the mother, then, in accordance with the general principle of the Shari`ah, that of choosing the lesser of two evils, abortion must be performed. The reason for this is that the mother is the origin of the fetus; moreover, her life is well-established, with duties and responsibilities, and she is also a pillar of the family. It would not be possible to sacrifice her life for the life of a fetus which has not yet acquired a personality and which has no responsibilities or obligations to fulfill.
Imam al-Ghazzali makes a clear distinction between contraception and abortion, saying that contraception is not like abortion. Abortion is a crime against an existing being. It follows from this that there are stages of existence. The first stages of existence are the settling of the semen in the womb and its mixing with the secretions of the woman. Then come the next gestational stage. Disturbing the pregnancy at this stage is a crime. When it develops further and becomes a lump, aborting it is a greater crime. When it acquires a soul and its creation is completed, the crime becomes more grievous. The crime reaches a maximum seriousness when it is committed after it (the fetus) is separated (from the mother) alive.”
Wassalam and Allah Almighty knows best.
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