Fatwa ID: 01945

Answered by Mufti Mohammed Tosir Miah

Question:

Assalamu 'alaykum wa rahmatullahi wa barakatuhu Mufti Sahab.

I hope to get a quick reply as the issue is urgent and this sister has only few days to decide:

There is a very confused sister who unfortunately has a non-Muslim fiancée and got pregnant by him.

We explained her that any marriage with him will be invalid and won't "legitimize" neither their relation nor their child. Anyway she asked if abortion is permissible in this specific case, or not?

The only other option being is to raise this illegitimate child alone, unless she will find a Muslim man agreeing to marry her.

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.

Therefore, the conclusion we can come to is that the sister can abort the foetus as long as it is within 120 days. If the foetus is more than 120 days then it will strictly not be allowed.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.