Rulings on Abortion
Transcript of Rulings on Abortion
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AHMAD Saeid12th Rajab, 1431h
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SYNOPSIS
Introduction
Meanings of terms
The Big Question: When does life begin?
THE TRIP WE DO NOT WANT TO TAKE: SCIENCE
How is it done?
Rulings of the Shareiah
Summary of views
Conclusions
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Introductions
Without doubt, it has been extremely difficult to obtain completelyWithout doubt, it has been extremely difficult to obtain completelyand objectively informed acceptance and/or permissibility ofand objectively informed acceptance and/or permissibility ofcontraception among conservative scholars.contraception among conservative scholars.
They maintain that Allaah creates the family, and it is for Him toThey maintain that Allaah creates the family, and it is for Him toplan..plan..
They ALWAYS CONFOUND this with issues of ABORTION,They ALWAYS CONFOUND this with issues of ABORTION, which,sadlywhich,sadly,,is ais a totally differenttotally differententity.entity.
It is fundamentally not up to the created individual to determineIt is fundamentally not up to the created individual to determinesinglesingle--handedly the length of his own LIFE or of others (within orhandedly the length of his own LIFE or of others (within orwithout himself).without himself).
As shall be seen, As shall be seen, moderatistsmoderatists would elucidate the diverse schools would elucidate the diverse schoolsof thought on the subject, while absolutists wouldof thought on the subject, while absolutists would excerciseexcercise thetheLaw ofLaw ofQisasQisas on any on any abortionistnoabortionistno matter for what reason.matter for what reason.
First, we should know; what is in a pregnancy ..First, we should know; what is in a pregnancy ..
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Definition(s)
Abortion (termination of pregnancy) is the expulsion of a foetus from thewomb of a woman before its normal age of viability.
Miscarriage is any such termination occurring thereafter.
Abortions may be spontaneous, or INDUCED
Most spontaneous abortions, especially in the 1st trimester, are a result ofsevere chromosomal abnormalities which are incompatible with life.
Indeed, many conceptuses spontaneously abort without the mother knowing!
Induced abortion may either be by consuming certain drugs (abortifacients) orby emptying the womb through instrumentation.
Conversely, CONTRACEPTION is all of the measures taken to precludeconception/ pregnancy.
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In the beginning...
And verily we did create man from a quintessenceAnd verily we did create man from a quintessence(of clay). Then we placed him (as a drop of sperm) in a(of clay). Then we placed him (as a drop of sperm) in aplace of rest, firmly fixed. Then we made the sperm into aplace of rest, firmly fixed. Then we made the sperm into aclot of congealed blood. Then of that clot we made aclot of congealed blood. Then of that clot we made a(foetus) lump. Then we made out of that lump bones and(foetus) lump. Then we made out of that lump bones and
clothed the bones with flesh.clothed the bones with flesh. So blessed beSo blessed beAllah, the most marvellous creator. A Allah, the most marvellous creator. A ll--MuminunMuminun, 12, 12--14.14.
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...when does it begin?
AbdullahAbdullah ibnibn MasudMasud (Allah be pleased with him) narrates that the Messenger(Allah be pleased with him) narrates that the Messengerof Allah (Allah be pleased with him) said:of Allah (Allah be pleased with him) said:
The seed of one of you remains in the womb of the mother forThe seed of one of you remains in the womb of the mother forforty days in the form of aforty days in the form of a NutfaNutfa. Then it remains like a clot for. Then it remains like a clot for
another forty days (another forty days (laqahlaqah), and then for a same number of), and then for a same number ofdays like a lump of flesh (days like a lump of flesh (MudhghaMudhgha)(when the formation of the)(when the formation of thelimbs and the growth of the bones begin). Then Allah sends anlimbs and the growth of the bones begin). Then Allah sends anangel who is ordered to write four things. He is ordered to writeangel who is ordered to write four things. He is ordered to writedown his (i.e. the new creature's) deeds, his livelihood, his (datedown his (i.e. the new creature's) deeds, his livelihood, his (dateof) death, and whether he will be blessed or wretched (inof) death, and whether he will be blessed or wretched (inreligion).religion). Then the soul is breathed into him...Then the soul is breathed into him...(Al(Al--BukhariBukhari;; Volume 4, Book 55,Volume 4, Book 55,Number 549,Number 549, Muslim).Muslim).
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The Sequence
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History
The (The (imim--)morality of abortion extended from the question as to)morality of abortion extended from the question as to
whether abortion was the destruction of tissue, or whether itwhether abortion was the destruction of tissue, or whether it
was an act of homicide.was an act of homicide.
The answers have always been the SAME, but the questions areThe answers have always been the SAME, but the questions arerepeatedly asked nonetheless.repeatedly asked nonetheless.
In ancient Sparta, abortion was frowned upon because it ranIn ancient Sparta, abortion was frowned upon because it ran
counter to the desire to raise strong males warriors.counter to the desire to raise strong males warriors.
Yet, leaving a child to die of exposure on a hillside was notYet, leaving a child to die of exposure on a hillside was not
considered murder if the child was judged to be unsuitable forconsidered murder if the child was judged to be unsuitable for
some reasonsome reason ((MorowitzMorowitz andand TrefilTrefil 1992).1992).
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History
Rome: In his Republic, Plato writes that abortionshould be compelled in any woman who becomes
pregnant after forty; ... parents should bear children
for the state only for a defined period of years... (Bonner 1985).
Indeed, Seneca disapprovingly states that it was
common practice for a woman to induce abortion in
order to maintain the beauty of her figure (Tribe 1990).
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History
Ancient Greece: Pythagoreans stressed that the human soul wasAncient Greece: Pythagoreans stressed that the human soul wascreated at the time of conception.created at the time of conception.
This is reflected in the Hippocratic Oath.This is reflected in the Hippocratic Oath.
However this was a minority viewHowever this was a minority view (Tribe 1990).(Tribe 1990).
Aristotle, in his view, posited that the size of the family should beAristotle, in his view, posited that the size of the family should be
determined by the state, and if children were conceived in excessdetermined by the state, and if children were conceived in excessof the permitted number, an abortion should be procured at anof the permitted number, an abortion should be procured at an
early stage of pregnancyearly stage of pregnancy "before sensation and life develop in the"before sensation and life develop in the
embryo; beforeembryo; before ensoulmentensoulment(Bonner 1985, O'Donovan 1975).(Bonner 1985, O'Donovan 1975).
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Other religions
Judaism:
The legislation in the Torah makes only one
reference to abortion, and it is through implication
(Jakobovits 1973): And if men strive together, and hurt a woman with a
child, so that her fruit depart, and yet no harm follow,
he shall be surely fined, according as the woman's
husband shall lay upon him; and he shall pay as thejudges determine. But if any harm follow, then shalt
thou give life for life... (Exodus 21: 22-23; as cited by Jakobovits 1973).
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Judaism
In reaching a conclusion, the foetus was designated aIn reaching a conclusion, the foetus was designated astatus that was below a human.status that was below a human.
In traditional Catholic doctrine, a maleIn traditional Catholic doctrine, a male fetusfetus becamebecame
animatedanimated infused with a soul &infused with a soul & mdashmdash at forty daysat forty daysafter conceptionafter conception
The female foetus became animated (The female foetus became animated (ensouledensouled) at) at
eighty days after conceptioneighty days after conception (Tribe 1990)(Tribe 1990)
The Jewish Talmudic Law assumes that the full title toThe Jewish Talmudic Law assumes that the full title to
life arises only at birth.life arises only at birth. ((JakobovitsJakobovits 1973).1973).
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Christianity
Psalm 139: 13-16 stresses again upon the growth of
the child from something formless to something
developed and complete, but there is not a clear
distinction indicating when the foetal body obtainsform, and whether this acquisition of form
designates an acquisition of humanness (Rogerson 1985).
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Other religions: Rulings
The current Catholic Church doctrine maintains thatimmediate animation, ...life including a soul from
God, is concurrent with the moment of fertilization
(Shannon and Wolter 1990).
Currently, the Church maintains the view that
(rather than abort even to save the mothers life)
"two deaths are better than one murder" (Jakobovits1973).
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Other religions: Contemporary Rulings
English common law located the beginning of a human
soul at "quickening, (about four months) believed to
be the stage when the soul enters the body.
The British Abortion Act of 1967 permits abortion until
infant viability outside the womb, as long as two
doctors certify that the risk to the life or mental or
physical health of the woman, or to her existingchildren, would be greater if the pregnancy were to
continue than if it were to be terminated.
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Contemporary Rulings
The line of viability is provided by the still validThe line of viability is provided by the still valid Infant LifeInfant Life
(Preservation) Act(Preservation) Act, which has been interpreted to restrict, which has been interpreted to restrict
abortion after twentyabortion after twenty--eight weeks of gestational ageeight weeks of gestational age (Tribe 1990).(Tribe 1990).
In 1936 Joseph Stalin outlawed abortion. Two decades later afterIn 1936 Joseph Stalin outlawed abortion. Two decades later after
Stalin's death, abortion was reStalin's death, abortion was re--legalized, again for public healthlegalized, again for public health
reasons (Tribe 1990).reasons (Tribe 1990).
The United States, abortion was permitted as a matter of publicThe United States, abortion was permitted as a matter of public
health, in an attempt to prevent the loss of lives of women whohealth, in an attempt to prevent the loss of lives of women who
would be injured when trying to obtain illegal abortions.would be injured when trying to obtain illegal abortions.
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Pro-Life, or Pro-Choice
Today, there is in the West a raging controversy on the legality orotherwise, of abortion.
These are the societies who championed the Sexual Revolution inthe first place!
To the Pro-Lifes, abortion is murder, under any circumstance.
But, this extreme morality does not extend to restrict how thepregnancy has resulted
Often, blackmail and misinformed sentiments are employed in
their campaigns
They saturate the internet with questionable images of murderedunborn children
Deceit, however, can not be employed to fight a just cause
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Pro-Choice
These people claim an unchallengeable right of the liberated
woman to terminate any pregnancy at any gestational age.
They maintain that who lives and who dies remain their inalienable
CHOICE to make, so long the individual is in their womb!
To them, intra-uterine life is no life, its just another missed period.
Such decisions usually are for pure material ends; if a pregnancy isunwanted, it is unwanted!
In fact, they need not have any reason at all!
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THE TRIP WE DO NOT WANT TO TAKE:
SCIENCESCIENCE
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SCIENCE...
Here, we are brought back to the termsHere, we are brought back to the terms LifeLife,, BeingBeing andand PersonPerson..
Although the opinion that life begins at fertilization is the mostAlthough the opinion that life begins at fertilization is the most
popular view among the science public, an increasing numberpopular view among the science public, an increasing number
of scientific discoveries no longer support this position.of scientific discoveries no longer support this position.
Indeed, it is now known that there is noIndeed, it is now known that there is no "moment of"moment of
fertilization"fertilization"at all!at all!
Fertilization is now viewed as a process that occurs over aFertilization is now viewed as a process that occurs over a
period of 12period of 12--24 hours.24 hours.
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SCIENCE...
After sperms are released they must remain in the female
reproductive tract for seven hours before they are capable offertilizing the egg.
Approximately ten hours are required for the sperm to travel up
to the fallopian tube where they find the egg.
The meeting of the egg and the sperm itself is not even an
instantaneous process, but rather a complex biochemical
interaction through which the sperm ultimately reaches the
inner portion of the egg.
Following fertilization, the chromosomes contained within the
sperm and the chromosomes of the egg meet to form a diploid
organism, now called a zygote, over a period of 24 hours.
(Shannon and Wolter 1990).
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SCIENCE...
In 2006, the American College of Obstetricians andIn 2006, the American College of Obstetricians and
Gynaecologists Committee on Ethics published ..,Gynaecologists Committee on Ethics published ..,
If the preIf the pre--implantation embryo is left or maintained outside the uterus,implantation embryo is left or maintained outside the uterus,
it cannot develop into a human being.it cannot develop into a human being.
...It has no...It has no lifelife of its own!of its own!
But,But,
The conservativeThe conservative--leaning American College of Paediatricians onleaning American College of Paediatricians on
its Web site states;its Web site states;
The difference between the individual in its adult stage and in itsThe difference between the individual in its adult stage and in its
zygotic stage is not one of personhood but of development.zygotic stage is not one of personhood but of development.
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SCIENCE...
There are at least four distinct moments that can be thought of as theThere are at least four distinct moments that can be thought of as the
beginning of human lifebeginning of human life. Each can be said to be biologically accurate.. Each can be said to be biologically accurate.Biologist Scott Gilbert, an expert in human development,Biologist Scott Gilbert, an expert in human development,
The genetic viewThe genetic view holds that life begins with the acquisition of a novelholds that life begins with the acquisition of a novel
genome; it is a kind of genetic determinism.genome; it is a kind of genetic determinism.
The embryologic viewThe embryologic view thinks life begins when the embryo undergoesthinks life begins when the embryo undergoes
gastrulation,gastrulation, and twinning is no longer possibleand twinning is no longer possible; this occurs about 14 days; this occurs about 14 days
into development.into development.
The neurological viewThe neurological view insists that life begins when a distinct EEG pattern caninsists that life begins when a distinct EEG pattern canbe detected, about 24 to 27 weeksbe detected, about 24 to 27 weeks
Foetal viability outside the mothers body.Foetal viability outside the mothers body. After all, somewhere between 50After all, somewhere between 50
and 60 percent of all embryos conceived miscarry.and 60 percent of all embryos conceived miscarry.
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SCIENCE...
Indeed, each swimming spermatozoon isIndeed, each swimming spermatozoon is alivealive, as, asmuch as the egg (ovum) it aims to fertilise.much as the egg (ovum) it aims to fertilise. (the Metabolic view)(the Metabolic view)
Are these ALL unseenAre these ALL unseen beingsbeings or microscopicor microscopicpersonspersons??
This, painfully, may not be known with any moreThis, painfully, may not be known with any more
certainty than we know when life ends.certainty than we know when life ends.
People of Faith, and people of good conscience, arePeople of Faith, and people of good conscience, are
going to have to agree to disagreegoing to have to agree to disagreewith a good dosewith a good dose
of humilityof humilityon matters of life and death.on matters of life and death.
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How is it done?
WARNING!!!
SOME DESCRIPTION THAT
FOLLOW MAY BEDISCONFORTING, AS MAY THE
ACCOMPANYING IMAGES BEGRUESOME
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How is it done?
MEDICAL
RU-486: It can be used up to thesecond month of pregnancy.
It works by blocking progesterone,
a pro-pregnancy hormone
Without progesterone, the
uterine lining does not provide
food, fluid and oxygen to the tiny
developing baby. The baby dies.
A second drug is then given that
stimulates the uterus to contract
and the (dead) baby is expelled.
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How is it done?MEDICAL
Prostaglandin: Prostaglandin
is a hormone that induces
labour.
The baby usually dies from the
trauma of the delivery.
It is used in mid-term
pregnancies.
However, if the baby is old
enough, it will be born alive.
To prevent this complication,
some abortionists use
ultrasound-guided injection of
foeticide (a drug that kills the
foetus) into the unborn babys
heart.
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How is it done?
SURGICAL
Suction-Aspiration: Here, the cervix dilated, a
hollow plastic tube with a
knife-like edge is insertedinto the uterus.
The suction tearsfragments the foetal body.
The placenta is cut fromthe uterine wall andeverything is sucked into abottle.
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How is it done?
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How is it done?
Dilation and Curettage (D and C): This is similar to a suction in
procedure except a curette isused instead
Bleeding is usually very heavywith this method.
Dilation and Evacuation (D and E): This type of abortion is done after
the third month of pregnancy.
The cervix must be dilated,usually with Laminaria sticks.
A pliers-like instrument is insertedthrough the cervix into the uterus,seizing and extracting a body part attime, untill only the head is left
The skull is crushed and pulled out.
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How is it done?
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How is it done?
Second trimester abortions are often bysalt poisoning.
A long needle is inserted through theabdomen and a solution of concentratedsalt is injected directly into the amnioticsac.
The foetus is poisoned by the highsalinity;
The immature epidermis burns off , andbrain haemorrhages are frequent.
It takes about one hour for the child to
slowly die by this method. Approximately one day later the woman
goes into labor and delivers a dead baby.
The salt poisoning technique is commonin the United States .
It has many potential complications (7)
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The Shareiah on Abortion
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The Shareiah on Abortion
According to Shariah (ref Hadeeth of Abdullah bn Masud) the (Ruh)enters the foetus at about 120 days (4 months) fromconception.
The great Hanafi Faqeeh Ibn Abidin States:The soul enters the foetus at one hundred & twenty days(4 months), as established by the Hadith (Raddal-Muhtar, 1/202)
All Rulings derived on Abortion can be divided into
two stages:
a) Abortion after the soul (Ruh) enters the foetus
b) Abortion prior to the entry of the soul in to the foetus
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The Shareiah on Abortion: Stage A
The ruling on abortion in stage (a) (above), is that, it is totallyimpermissible and tantamount to murder, as it results in thetaking out of a definite life.
All the scholars have unanimously condemned such a ghastly act.
Imam Ibn Taimiiyah:Aborting a foetus has been declared unlawful (Haram) with theconsensus of all the Muslim scholars. It is similar to burying an infantalive as referred to by Allah Almighty in the verse of the Quran: Andwhen the female infant, buried alive, will be asked as to what crimeshe was killed for (Surah al-Takwir, 8) (Fatawa Ibn Tamiyya, 4/217).
Ibn Abidin (May Allah have Mercy on him):If a woman intends to abort her pregnancy...: 'If the period of the soulbeing blown into the foetus has elapsed, it will be impermissible'. (Radd al-Muhtar, 5/276)
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The Shareiah on Abortion: Stage A
Consensus Positions
Conditions that may Excuse Abortion If the Mother's Life is in established Danger
Some Fuqaha and Contemporary Scholars, based on the Juristic principle ofUsul al-Fiqh, have opined regarding this position as follows
If one is overtaken by two evils, one should choose the lesser of the two (al-Ashbahwa al-Nazair, P.98)
The mothers life should be saved (in this case) and the foetus aborted;the mother is established in life, with duties and responsibilities,
whereas the unborn child is still in the mothers womb.
This must be advised by a qualified and experienced (team of) Muslimdoctor(s).
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The Shareiah on Abortion: Stage B
The ruling is that, even in this case it is Haram to abort the pregnancy.
Although there may not be a soulin the foetus, the foetus is consideredto be a part of the mothers body as long as it remains in the womb.
Thus, just as ones very own life and, and organs of the human body aretrust given by Allaah (Al-Israa: 36), so too is the foetus a trust given to themother by Allah, and she will not have a right to abort it.
However, whereas before 120 days she commits the sin ofmutilation, aninspiration from Shaitaan (An-Nisaa: 119), haraam, it is a capital sin thereafter(Kuwwirat: 8).
Thus, It is not permissible to abort the pregnancy before and after theentry of the soul into the foetus. (Radd al-Muhtar, 5/279)
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Excused Circumstances
Imam al-Haskafi writes:
Aborting the pregnancy will be permissible due to a valid reason,provided the soul has not yet entered the foetus. These reasonsinclude conception following a rape, the mothers life or health being indanger, or repeated pregnancies severely damages her health, etc
However, shame (Zinaa) pregnancy (i.e. Resulting from unlawfulsex) is no basis for abortion. That would only complicate analready heinous sin.
The embryonic life farm in the mothers womb is honoured andsacred even though it is a result of adultery (Hidaya, 2/292)
It shares no part of the blame, not withstanding thecircumstances that brought it forth.
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Minority Views:
Some Fuqaha, however, have given a dispensationonly in the situation where the mothers life is in
clear and certain danger.
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Summary of Views(ctd)
All schools of Muslim law accept that abortion is permitted if
continuing the pregnancy would put the mother's life in real
danger.
However, even those scholars who would permit early
abortion in certain cases still regard abortion as wrong, butexcused.
The more advanced the pregnancy, the greater the wrong.
Islam allows abortion to save the life of the mother because it
sees this as the 'lesser of two evils.
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Summary of Views(ctd)
Abortion is regarded as a lesser evil in this case because:
the mother is the 'originator' of the foetus
the mother's life is well-established
the mother has duties and responsibilities, a legal entity
the mother is part of a family
allowing the mother to die would also kill the foetus in most cases
Abortion is ILLEGAL for fear of poverty, or lack of planning(Q17:32)
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Abortion for the sake of the baby
Abortion is permitted by a number Scholars if confirmed in the
early period of pregnancy that a foetus suffers from a defect
that can't be treated and that will cause great suffering to the
child
Here, the opinion of at least two competent medical specialists
is required. (see English Common Law, above)
Other scholars disagree and hold that abortion is notpermitted in such cases.
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Abortion for the sake of the baby
Abortion would be allowed If the foetus isgrossly malformed
with untreatable severe condition proved by medical
investigations and decided upon by a committee formed by
competent trustworthy physicians, and provided that abortion
is requested by the parents and the foetus is less than 120days computed from moment of conception.
Resolution (Fatwa) of the Islamic jurisprudence Council ofMakkah AlMukaramah (the
Islamic WorldLeague) at its 12th planary session held in February 1990.
NB: We have not been able to obtain an English language copy
of this fatwa to corroborate the quote.
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Rape, incest and adultery
Some scholars state that abortion in the case of a rape or incest
is permissible in the first 120 days of the pregnancy.
Others say abortion for such reasons is never permitted;
the value of life is the same whether this embryo is the result of
fornication with relatives or non-relatives, or valid marriage. In Sharia life
has the same value in all cases. (ref : An-Nur, 33)
Sheikh M. A. Al-Salami, Third Symposium on Medical Jurisprudence
It is reported that Bosnian women raped by the Serbian army
were issued a fatwa allowing them to abort, but were urged to
complete the abortion before the 120 day mark.
A similar fatwa was issued in Algeria, demonstrating that the
Shareiah has the flexibility and compassion in appropriate
circumstances.
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Conclusions
In Islam the individual believer retains the right to make personaldecisions on the basis of being a moral agent (khalifah); being fullyresponsible for its credits and repercussions.
These decisions must be informed and guided by the Primary
Sources (Quran and Sunnah) and the Islamic principles of justice,human well being, mercy and compassion where freedom isalways accompanied by moral and spiritual responsibilities.
Allaah is the Maker, Giver and Taker of life; none may be takenexcept in accordance with His Laws to Him shall all return, andto Him are all accountable.
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Refrences http://www.medicalvideos.us/videos-549-Fetal-Development
http://www.abortioninstruments.com/
http://www.priestsforlife.org/images/index.aspx
http://www.abortionfacts.com/literature/literature_9312ha.asp
http://8e.devbio.com/article.php?id=162
http://zawaj.com/articles/abortion_permitted_when.html
http://www.angelfire.com/ak5/thanvislam1400/islamic_ruling_on_abortion.htm
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