
All the praises is for Allah the Lord of the Worlds and peace and blessings be upon His Chosen Messenger Muhammad and upon his family and his companions all of them.
By the Student of Knowledge, Shaykh Abdurrahman Murad هداه الله
Abortions…this is just another piece of the ‘women’s rights’ puzzle. The media is rife with violent incidents against ‘abortion’ clinics in the US. Just look at that disturbed terrorist ‘Mr. Dear’ who shot up an abortion clinic (http://www.elle.com/…/yes-shooting-up-an-abortion-clinic-i…/).
Culturally speaking, within our communities there is a lot of ignorance in this issue. I’ve personally seen many from different madth’hab digress on this issue from a cultural, opportunistic handle. One of the points that really bother me…rather, sicken me…is what some say, ‘just be nice to your wife at the beginning and once you get her pregnant, do what you like’! By the way this didn’t originate from Muslims, its a statement from Arthur E. Hertzler, from Kansas…he actually said: ‘The only way to keep a woman happy is to keep her barefoot and pregnant.’
In any case…to the ignorant, a pregnancy is seemingly that demeaning blow that incapacitates a woman from moving forward…its like ‘I got you…you’re pregnant…you’re mine!’ Inna lil’laahi wa inna elaihi rajioon.
Before I do continue with this…I just want to make it clear…as there is NO shame in getting divorced (when it is warranted), there is NO shame in getting an abortion (when it is warranted). Now before I got to the views and the proofs…I just want to give an example to clarify what I will be talking about.
At times a brother who is looking to get married will go above and beyond to appear, upright, religious and sound scholarly…but deep down, the reality is…the man has no ‘guts’. He is a ‘momma’s boy’, who is very vile and vulgar. In essence he has tricked his wife…in spite of it all, they still get married (whether it be due to cultural issues or the like). After a few weeks, the couple realize, they have no place together…but the husband pulls the ‘magic shot’, ‘I got you pregnant, you are mine’… in this case can the wife get an abortion?
This is the example I want to focus on, as it happens all too often.
In relation to this…there are two general conditions.
A. After the cut off period (i.e. after 120 days)
B. Before the cut off period.
If an abortion is sought after the cut off period, the scholars are unanimous that it is unlawful to seek an abortion, as you would effectively be taking a life away…the child in the womb is no longer a simple ‘piece of flesh’.
As for an abortion ‘before the cut off period’, the scholars have varying views.
a. It is completely lawful. This is a view held by some of the scholars from each of the four Madth’hab. Of course some of them indicate that the abortion take place before the end of the first forty (Nutfah stage). Scholars also note, in the case a woman is raped…and she has become pregnant, she can opt for an abortion. Personally, I think this should be made clear to any sister who goes through that traumatic experience. We ask Allah to protect all our womenfolk. Ameen!
b. It is lawful with a valid reason. The ‘valid’ reason is something deemed very important. ‘Valid reasons’ are flexible among scholars…there are some who went very strict in this issue an there are others who were more lenient in relation to them. The one key statement mentioned by scholars is that ‘an assured harm would be alleviated’ when this is performed. Imam Ibn Wahban, indicated a legitimate reason as the mother fearing she will not have enough milk!
c. It is Makrooh (disliked). This is a view held by some of the scholars of the four Madth’hab. I mean the reason for this is quite clear.
d. It is Haram (unlawful). This is a view held by the Hanbali scholars and others. They indicate various reasons for this.
Now to sum this up, the strongest view, Inshallah, is that if there is a legitimate need for an abortion…then by all means…it is lawful (as long as it is done before the ‘cut-off’ period).
At the same time, the one who should assess the legitimate need be a medical professional (in the case where the fetus is severely deformed) or the sister in question when she goes through a traumatic marriage/divorce as I have described above.
Finally…for the sisters…always be positive…don’t allow Satan to come to you and darken your potentially bright future.
May Allah protect us all from the Fitan…Ameen!






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