Fatwa ID: 01947

Answered by Mufti Mohammed Tosir Miah

Question:

Assalaamualaikum Muhammad Tosir.
 
As we got our nikah done because of my financial situation and our parents disapproval at that time our situation is still the same ad I would say my financial situation has not changed and we are still planning t get a public nikah in January next year. But now my wife is pregnant and we don’t now what to do. It will be difficult to bring up the child in our current situation and we if we tell our parents it will not only break them but ruin everything, I am under a lot of pressure and stress and don’t know what to do. I care for my wife very much and do not want her to go through any pain, emotionally or mentally. We have considered getting an abortion pill because it is the earliest stage of pregnancy. Is this allowed? Is it permissible in Islam we have done some research and some scholars say it is not permissible and some say it is (only in severe circumstances). Can you please give us some advice? We really need to know whether we can go ahead before it is too late.

Answer:

I will firstly mention the Islamic ruling with regards to abortion.

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

It is narrated by Sayyiduna Ibn-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.” (Sahih Bukhari)

Allahmah Ibn Abideen Shami 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…

After consulting my respected teachers, the conclusion we came to was that you can abort the foetus before 120 days in the aforementioned situation, but you will still be sinful for your actions.

In a situation where you and your wife are not living together yet, you should have been careful of your actions. It will be best that you take precaution by using contraception’s to avoid a repeat of what happened.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.