Can a woman have an abortion if she became pregnant through rape

CategoriesMarriage [605]

Fatwa ID: 02017

Answered by Mufti Mohammed Tosir Miah

Question:

Can a woman have an abortion if she became pregnant through rape?

Answer:

Bismillah

According to the Shariah, the soul enters the body 120 days (4 Months) from the day the woman is conceived.

It is narrated by Sayyiduna Ibn Masud raḥimahullāh (may Allāh have mercy upon him) that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) 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.” (Sahih Bukhari)

Allahmah Ibn Abideen Shami raḥimahullāh (may Allāh have mercy upon him) has said that the soul enters the foetus at 120 days. (Raddul Muhtar P.336 V.4)

To have an abortion after 120 days is strictly prohibited. The ruling will still remain the same even though the child might be born with some kind of disability or with some genetic diseases.

However, some jurists have given permission to abort the pregnancy where the mother’s life is in absolute danger. In this situation the mother’s life is given preference to that of the child.

To have an abortion prior to 120 days is also impermissible and haraam. However in certain extreme circumstances it would be permitted, such as the mother’s life or health is in danger or the woman became pregnant due to rape etc…

The conclusion we come to is that to abort the foetus after 120 days in the aforementioned situation will strictly be impermissible, however, it will be permissible before 120 days.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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