Fatwa ID: 04962
Answered by: Maulana Muhammad Asadullah Anwar Adam
Question:
Any discussion on the Islamic perspective of abortion?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In the authentic books of the Hanafi Fiqh the following are mentioned:
- A) Allama Shami states, ‘The author of An Nahr says in An Nahr, ‘Is it allowed to terminate a pregnancy/ do an abortion after a woman is pregnant? The author answers the question by saying:
“Yes, it is allowed as long as nothing of the body has been created and this does not happen except after 120 days.” [1]
- B) Allama Shami has also written that Ibn Wahban has stated, ‘The allowance for abortion will be based upon the reason/ excuses’. [1]
1) Abortion after the soul has been breathed into the body and the limbs have started to form, is totally haram. This occurs after 120 days.
2) Abortion/ terminating the pregnancy before 120 days, without a valid excuse, is unlawful. (except if there’s a serious complication in which case it may be allowed) [2]
3) Terminating the pregnancy for a valid reason is acceptable in the shariah and will be allowed when it is done before the elapsing of 120 days. (That is before the soul is breathed into the body).
Only Allah knows best
Written by Maulana Muhammad Asadullah Anwar Adam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] [Raddul Mukhtar Volume 4, page 336, Darul Kutubul Ilmiyah print]
[2] [https://daruliftabirmingham.co.uk/if-a-woman-wants-to-have-an-abortion-and-is-seeking-further-advice/]