Fatwa ID: 01960
Answered by Molana Akbarul Hoque
I have an urgent question that requires answering at your earliest convenience. If a woman conceives a baby as the result of being raped, firstly is the baby considered haram and secondly would it be permissible for her to continue with pregnancy or does she need to have an abortion in islam?
According to Shariah the soul enters after 120 days (approximately 4 months) from the day a woman conceived.
It is narrated by SayyidunaIbn-Masud that the Prophet of Allah has said: “the seed of one of you remains in the womb of the mother for forty days in the form of a nutfah (sperm). Then it remains like a clot for another forty days and then for a same number of days like a lump of flesh.” (SahihBukhari)
AllamahIbn Abideen Shami has said that the soul enters the foetus at 120 days. (RaddulMuhtar P.336 V.4)
For a woman to have an abortion after 120 days is strictly prohibited in Islam even if the child will be born with a disability or any disease etc.
As for a woman to have an abortion before 120 days it is also impermissible. In extreme circumstances it is permitted to have an abortion such as if the mother’s life or health is in danger or if the woman has become pregnant as a result of rape etc.
Only Allah Knows Best
Written by Molana Akbarul Hoque
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham