Abortion in Islam
Is abortion permissible in Islam?
Islamic law upholds two paramount concerns in the matter of abortion: the sanctity of foetal life and the preservation of the mother’s life. The Qur’ān explicitly prohibits unjust killing:
وَلَا تَقْتُلُوا النَّفْسَ الِتِي حَرَّمَ اللهُ إِلَّا بِالْحَقِّ
“And do not kill the soul which Allah has forbidden, except by right.” (17:33 and 6:151)
Islamic scholars use the framework of maqāṣid al-sharī‘ah (objectives of Islamic law) to prioritise necessity and mitigate harm. This balancing act is fundamental to understanding Islamic rulings on abortion.
Foetal development and ensoulment
Classical Islamic scholarship divides foetal development into several stages:
- Nutfa (نُطْفَة): 0–40 days
- ‘Alaqa (عَلَقَة): 40–80 days
- Muḍgha (مُضْغَة): 120–80 days
- Ensoulment (nafkh al-rūḥ): typically marked at 120 days, though some schools suggest 40 or 80 days.
The Prophet Muhammad (peace be upon him) said:
إِنَّ أَحَدَكُمْ يُجْمَعُ فِي بَطْنِ أُمِهِ أَرْبْعَينَ يَوْمًا… ثُمَّ يُرْسَلُ إِلَيْهِ الْمَلَكُ فَيَنْفُخُ فِيهِ الرُّوْحَ…
“Each of you is constituted in your mother’s womb for forty days… then the angel is sent to him and breathes the soul into him.” (Bukhārī and Muslim)
Differing legal opinions
The four Sunni schools tradition differ:
- Ḥanafī: allows abortion before 120 days, including for reasons like rape or foetal defect.
- Shāfi‘ī: generally permits abortion before 120 days; some jurists consider 80 days the ensoulment mark.
- Ḥanbalī: similar to Ḥanafīs pre-ensoulment; post-ensoulment, abortion is only allowed if the mother’s life is at risk.
- Mālikī: opposes abortion at all stages, except if the mother faces death.
Scenario-based jurisprudence
- Danger to the mother
Unanimously, abortion is permitted at any stage if the mother’s life is in danger. Scholars invoke the principle of choosing the lesser harm. - Pregnancy by rape or incest
- Before 120 days: Many Ḥanafī and Shāfiʿī scholars allow abortion in cases of rape or incest.
- After 120 days: Generally prohibited unless the mother’s life is at risk.
- Notable fatwās supporting abortion pre-ensoulment in such cases have come from Egypt, Jordan, and Bosnia.
- Foetal abnormalities
- Abortion before 120 days is permitted if three medical experts confirm serious defects.
- Based on decisions from the Islamic Fiqh Council (1990) and the Saudi Council (2011).
- Financial hardship
وَلَا تَقْتُلُوا أَوْلَادَكُمْ مِنْ إِمْلَاقٍ نَحْنُ نَرْزُقُهُمْ وَإِيْاكُمْ
“Do not kill your children for fear of poverty. We provide for them and for you.” (17:31)
Abortion for economic reasons is not permitted under any school.
- Sex selection
Absolutely prohibited. Islam does not permit abortion for reasons of gender preference. - War or abuse
Abortion for war rape victims has been allowed pre-ensoulment by scholars in Jordan, Algeria, and during the Bosnian conflict. - Psychological harm
Severe psychological trauma can be valid grounds pre-ensoulment under some juristic opinions, especially when linked to maternal health. - Underage pregnancy
In cases where the pregnant individual is a minor, some scholars consider the severe social, psychological, and physical harm likely to occur. If such harm is verified, abortion pre-ensoulment may be permitted. - Failure of contraception
Most scholars do not consider failed contraception a valid reason for abortion, particularly once pregnancy is established, though some leniency is shown in the very early stages (first 40 days). - Multiple pregnancies (e.g., quintuplets)
If a high-risk multiple pregnancy threatens the life of the mother or viability of the other fetuses, and specialists advise selective reduction before ensoulment, scholars differ but some allow it under necessity.
Legal applications in Muslim-majority countries
- Egypt: Follows fatwās of Dar al-Ifta; allows abortion pre-ensoulment in cases of rape and serious deformities.
- Jordan: Permits abortion before 120 days for confirmed foetal defects; after that, only if the mother’s life is in danger.
- Saudi Arabia: Follows strict timelines; abortion allowed pre-ensoulment for health or deformity; restricted post-ensoulment.
- Indonesia and Turkey: Permit abortion for rape and maternal risk under time limits.
Islamic jurisprudence offers a structured, ethically grounded approach to abortion. It emphasises the sanctity of life, both foetal and maternal, and permits abortion in tightly defined circumstances. Prior to ensoulment, jurists allow exceptions for rape, incest, and severe foetal anomaly. Post-ensoulment, only maternal life risk justifies abortion. Elective or financial motivations are rejected across the board. This balance preserves the dignity of human life while offering compassion where dire need exists.