Abortion in Islamic View Research Paper

Introduction

If a woman finds that she is pregnant, and does not want to be, what is the best (or least worst) way out for her, the potential baby that she is carrying, and all the other people concerned – including her boyfriend or husband? According to Bruce A. Robison, in Abortion Overview, the expecting woman has three options from which she can exercise discretion. First, she does nothing, gives birth to the baby, and raises the child herself. Second, she does nothing, gives birth, and gives the responsibility of bringing up her child to an orphanage. Third, she aborts the child and terminates the pregnancy. However, the latter option which in most cases the option that women resort to as a last resort, is where the most controversial moral issue in bioethics is – abortion.

Abortion is one of the most sensitive and debatable subjects that induces very strong ethical opinions, findings, extreme stances and very heated allegations. If a woman did not take preventive measures and consented on sex, then she was aware that she might end up getting pregnant and therefore is not only aware of but also responsible for the consequence. Once a woman is pregnant, a new life is nurturing inside her and is dependant on her for its survival. Therefore, whether the foetus has transformed into a living being or is a mass of tissues, the woman still has some moral and ethical obligations towards it. This moral obligation may not be powerful enough to eliminate abortion as a choice but it is sufficient to raise an ethical question regarding the practice of abortion.

Main body

There different religions, cultures, political parties and genders have failed to arrive at a consensus regarding this controversial and sensitive topic. Hence, we must consider and evaluate the different opinions, viewpoints and perspectives that people, religions and scholars hold. When we consider views regarding abortion in different religions, we hear that it is intensely disliked and disapproved and is considered equivalent to murder. Traditions among religions are very varied and pluralistic though, and therefore there are religions that condemn abortion but still allow a woman to opt for it under special circumstances. Every religion does not have final guidelines regarding abortion or consider it a simplistic decision or something written in black and white and due to this it is important that we understand and interpret religious traditions to the best of our knowledge and ability. However one thing that can be easily observed after a preliminary research of the different religious viewpoints is that abortion is completely prohibited in most religions, especially if there is no strong reason and justification to have it.

Medical views regarding abortion run parallel to the religious views and perspectives because of the nature of this practice and therefore need to be understood before moving on. In terms of medicine, abortion is described as termination, usually premature, of a pregnancy which results in the death of the fetus or embryo. It is a practice to put an end to pregnancies and in essence involves the killing of the undeveloped embryo or foetus. It can take place as a result of miscarriage or by external means such as chemicals or operations. Interestingly, there is no agreement among physicians, biologists, and anthropologists on when a human life begins. Different views exist on when the foetus stops being a bunch of cells and acquires value as a human life with a soul. Some argue that the foetus has a soul and is human life since the point of conception while others say that it happens later on during the pregnancy when the foetus develops into a more human form. However there is no scientific concrete evidence regarding this matter and that is why people usually turn to their religion to explain it.

According to a widely agreed upon definition of human life, it is a member of the species ‘homosapiens’, the human species and since the foetus cannot be classified as any other species or non living body as it has the same DNA as that of human beings, it also falls under the classification of homosapiens. The question that arises then is that isn’t this foetus a human being with and invaluable and precious human life? And if it is then isn’t terminating this life equivalent to committing murder of a fully developed and grown human being? This is the point supported by pro lifers, people who condone abortion as they argue that life begins at the point of conception. According to John Ankerberg and John Weldon, in their book When does life begin?, say that no honest and intellectually informed scientist or physician can dare to deny that human life begins at conception since this is a well documented and widely agreed-upon scientific fact.

However, pro-choicers who are people who advocate abortion, generally point out that the foetus is initially only a bunch of cells and acquires a more human form later on in the pregnancy and it is then that it acquires a soul. According to Peter Wenz, in his book Abortion rights as religious freedom; the young foetus has not yet developed or displayed the abilities that are characteristic of human beings and therefore cannot be treated as a human life equivalent to a fully grown, developed, rational human being. Dr. Stephen Schwarz (1990), in his book The Moral Question of Abortion, offers a range of developmental stages of a baby at the time it is aborted by different methods (appendix 1). This gives us an idea of how alive the baby is in different stages of growth.

Islam’s stance on the practice of abortion is similar to other religious views and philosophies; however, Islam gives more freedom to the mother-to-be and makes an allowance for her to terminate her pregnancy safely and fairly under special circumstances. Islam has a clearer, more specific, moderate and easy-to-understand perspective than some other religions about the convoluted aspects regarding abortion. Islam shows compassion to its believers and followers and understands their problems by making allowances for difficult circumstances.

Islam advocates and encourages the practice of family planning as it considers having too many children while having insufficient resources to support them to be an undesirable situation. It also makes an allowance for abortion if the mother cannot support the child or faces other challenges due to which giving birth is not a reasonable option. Contraception was supported by early Muslim theologians as far as both the partners mutually agreed to it. One of the many views that scholars have regarding this practice is that abortion could be an option if the foetus has not yet been given a soul which occurs between 40, 90 or 120 days after conception. This however can be challenged by the other schools of thought prevalent in the Muslim world. Usually, a valid and sound reason is required for justifying the abortion of the baby, e.g. a threat to the mother’s life (Leila Hessini, 02). Illogical reasoning is not tolerated as an excuse for getting away with aborting the child.

When seen in comparison with other religions, the abortion stance in Islam appears to be straightforward and liberal. It lays down guidelines but does not impose one viewpoint or decision upon its followers and gives the decision making authority to the mother to make decisions after weighing the different options and circumstances.

Most Muslim scholars have agreed on three rules after interpreting the teachings of Holy Quran and Hadiths (sayings of Prophet Mohammed, Peace Be Upon Him). First, abortion or preventing pregnancy because of the fear of economic obstacles runs counter to the main concept of Islamic faith which maintains that Allah is sole provider and keeper of all living souls. This also states that it is a sin to abort a baby based on its gender. Lawrence M. Hinman of University of San Diego indicates that some people worry that abortion, coupled with techniques for determining the gender of the foetus, could be used for sex selection, which would probably result in fewer female babies. This will take us back two hundreds years when people preferred to have boys rather than girls. Second, abortion, however, is permissible if pregnancy endangers the mother’s life, regardless of the stage of pregnancy. This viewpoint is nonnegotiable and is agreed upon by all Muslim scholars. Third, abortion is allowed if the age of the foetus is less than 120 days, four months, when the foetus is still not a human being yet, but rather a mass of tissues or a bunch of cells.

There is unanimous agreement on the second legality of abortion, however there are different viewpoints regarding the first and third one. Islam permits abortion if it’s being done for saving the mother’s life because it is seen as a lesser of the two evils in Shariah (Muslim Law).

Abortion is lesser of the two evils in this scenario because:

1. The creator of the fetus is mother
2. The mother has an already established life
3. The mother has a responsibility toward children who are already born
4. Mother is an essential component of the family
5. In most cases the death of the mother also results in the death of the fetus (BBC, 01)

Different scholars have different views about what Islam or Quran has to say because they interpret its teachings differently. For example, there are a lot of conflicting views regarding the third legality of abortion and few schools of Muslim law allow abortion during the first sixteen weeks of pregnancy while some only allow it in the early seven weeks. However, still those scholars who consent to abortion proclaim it to be something wrong but do not eliminate it as an option and leave it as last option in some circumstances. The sin of abortion is considered to be bigger in the later stages of the pregnancy. The Qur’an does not overtly point to abortion but proposes direction and provides guidelines regarding associated issues. Scholars use this assistance for deciding on the practice of abortion.

Life is in fact believed to be a consecrated gift from God. Taking someone’s life or to stop it by any means, if its not just or in accordance with Islamic rules, is not allowed in Islam. The Holy Quran says that God prohibits all Muslims from holding another being as equal to him, treating parents badly and killing children with the excuse of poverty. It says that Allah provides sustenance for everyone and that we should not take a life which God has made sacred openly or secretly, except when it is justified by law or religion (Chapter 6, Verse 151). The same text also negates abortion on socio-financial basis which involves the mother or the entire family as when there is an unintended pregnancy and the parents or parent fears that the baby might interrupt the female’s education or occupation.

Some Muslim scholars do not agree with this interpretation. Professor Riffat, a professor at the University of Louisville, in the book Sacred Choices by Daniel C. comments that by killing, taking lives of already born children is being highlighted especially those of girls as was done in older times. The verses are accusing that norm. She also says that the word ‘Kill’ does not only refer to killing by a weapon, poison or burying alive but it can also mean that children shouldn’t be humiliated or deprived of their childhood rights, proper nurture and education. Thus some scholars say that this text is being interpreted in a way it was not intended to and is being used out of its original context. The verses do not clearly attend to abortion firstly and secondly can not be taken so literally. (Daniel C, 118).

If however it is established in an early stage of pregnancy that the fetus has a fatal deficiency that will make the child suffer in future, some scholars agree that abortion is acceptable but only if the pregnancy is less than sixteen weeks, though in such cases, the view of minimum two experienced medical authorities is necessary. If they confirm that the child can have a physical or mental deformity then abortion is permitted. An example here can be of Iran. In recent times in Iran, Ayatollah Ali Khomeini, the former leader of Iran passed a fatwa allowing abortion of foetuses which were less than 10 weeks and were diagnosed to have Thalassemia, a genetic blood disease. More generally referred, is a declaration passed by the Islamic jurisprudence council of Mekkah (the Islamic World League) in its 12th session held in February 1990. According to the declaration abortion is allowed if the fetus is deformed and is in an incurable state and this fact is proved by medical investigations. The abortion must be requested by the parents and the fetus must not be older than 120 days calculated from instant of conception (Attributed, Mekkah Al Mukaramah, February 1990). (BBC, 03)

Supporting the deference of the fetus, Elsayed Kandil (2001), editor of SALAM magazine, said that it is quoted from the prophet Mohammed that the human being is a fertilised ovum in the mothers uterus for 40 days, then for the same period it turns into a clot and then into a piece of flesh for the same period as well. Then RUH is blown into that foetus by an angel and his destiny is then written down in advance. Furthermore, according to Sheikh Yusuf Al-Qaradawi, the president of the International Association of Muslim Scholars (IAMS) in his book, The Lawful and the Prohibited in Islam states that Muslim jurists unanimously agree on the fact that after a foetus has fully formed and has been provided a soul, abortion is considered haram (unlawful).

Regarding the abortion before four months, some Muslim scholars explained some Holy Quran’s verses differently, which is very common in many precepts in Islam. They contend that abortion is not allowed during pregnancy’s time, under the condition that pregnancy does not endanger the mother’s life, regardless of age of the foetus; they consider that action as a murder. For better understanding of this point, the issue of sex and marriage in Islam needs to be highlighted here. What is Islam’s view of sex between the opposite genders? Islam does not support the idea of free sex between men and women as is the case with many of the states which are not muslims and where pre marital sex is considered as a part of their societies. However this does not mean or indicate that sex is considered wholly as a sin that does not suit humanity in Islam. The only prohibition in Islam is sex whatsoever outside or before marriage. It respects sex between married men and women and elevates it to a condescending degree. Sex after marriage is considered equivalent to securing one half of their faith by Muslims. There awaits a reward for them afterwards. This reward is indeed in form of children. Abortion shows disrespect towards a gift of God. It shows selfishness of mankind as claimed by many Islamic scholars negate the concept. Thus abortion without any justified reason such as a threat to the mother’s life is unacceptable and if committed then is tantamount to murder.

Supporting this ideology, Kandil (2003) points out that the value of the human life is very sacred, and Allah said that killing one innocent life is equal to killing of the entire mankind. He referred to the verses of Holy Quran that explained that if somebody kills apart from retaliation of murder or with intentions of spreading mischief in the world, it is as if he killed all mankind. And someone who saves a life, it is as if he saved all mankind. Though, all schools of Muslim law admit that abortion is allowed if going on to give birth to the child endangers the mother’s life. This is the soul reason that is justified for abortion; otherwise it is sinful to have an abortion.

Abortion in case of rapes or incest is also a debatable issue among Muslim scholars. Some say that abortion is allowed in such cases within 120 days of pregnancy. There are still others who support that abortion in cases of rape is even not allowed. Pondering upon the difficulty of a rape case, one scholar says:

“I regard the worth of life to be the equal; either the offspring is a consequence of intercourse with someone related or unrelated or legal marriage. The value of life is same in all cases according to Shariah. (Sheikh M. A. Al-Salami, Third Symposium on Medical Jurisprudence).”

Yet some scholars have a different opinion in such a case. Abortion is considered illegal in Egypt and in June 2004, Muhammad Sayed Tantawi, Grand Sheikh of Al Azhar, allowed a rape victim to abort her child. In fact he drafted a law that made it legal for women to undergo an abortion be it less or more than four months after the foetus has formed in cases of rape or incest (BBC, 02).

Having followed what comes in the Holy Quran and Hadiths, many Islamic countries have a very selective stance on abortion (appendix 2). However in countries such as the United States where abortion is not prohibited, women intentionally or unintentionally get pregnant and then abort their children.

Conclusion

In summary, the Islamic view on abortion is more comprehensible than some other religions. In general, abortion is allowed if there is any health risks related to the mother. Generally, most Muslim scholars consider abortion possible before the fetus’s total composition, which is the period before 120 days of beginning of pregnancy. Be it a case of rape or a deformity of foetus, aborting the child is allowed within 120 days of pregnancy. There are debates on when the life begins though and this will be there because different scholars have different views about the point of conception. However, a few Islamic schools consider abortion to be completely prohibited during the entire time of pregnancy. They only allow abortion in case of any potential threat to the mother’s life if she continues being pregnant. Otherwise it is considered Haram in all other cases even rape.

Appendix 1

Appendix 2

References

1. Abortion: forbidden in all stages? (2004). Islam Online. Web.
2. Ankerberg, J. F., & Weldon, J. F. (1989). When does life begin? Brentwood, Tennessee: Wolgemuth & Hyatt, Publishers, Inc.
3. BBC Religion and ethics, 2004. Article: Abortion and Islam.
4. Daniel C. Maguire, 2001. Sacred Choices: The Right to Contraception and Abortion in Ten World Religions. Published by Fortress Press, 2001.
5. Hinman, L. M. (2006). Abortion: a guide to the ethical issues.
6. Kandil, E. (2001). Abortion in Islam. Web.
7. Leila Hessini, 2007. Article: Abortion and Islam: policies and practice in the Middle East and North Africa.
8. Robison, B. A. (2005). Abortion overview. Web.
9. Sahih Muslim, Compendium of Muslim Texts.
10. Wenz, P. S. (1992). Abortion rights as religious freedom. Philadelphia: Temple University Press.