“Whoever kills a soul it is as if he had slain mankind entirely. And whoever saves one – it is as if he had saved mankind entirely.“[1]
All three Abrahamic faiths share the idea that life is sacred and that a person’s life should not be taken. However, the question arises; does terminating a pregnancy constitute murder? Furthermore, with the recent advancement in technology and women’s rights, to have an abortion has become more feasible. Yet, therein lies the conflict between the preservation of life and the choice and autonomy of a woman – when does one precede the other?
Broadly speaking, Catholics take the opinion that the fertilised egg is a human individual right from the moment of fertilisation, and that it should be treated with the same respect and dignity as any other human. Any intervention which may potentially cause harm to the embryo is seen as a violation of the embryo’s rights. Many Pastors have established that this is apparent from verses within the Bible, in particular when King David spoke of his sinful nature existing from conception: “Behold, I was brought forth in iniquity, and in sin did my mother conceive me“.[2]
Christians believe that God has a concern for those who are weak or vulnerable. For instance, Christians are told to “Give justice to the weak and the fatherless; maintain the right of the afflicted and the destitute…“[3] It is widely understood that this care extends to the unborn child. The proposition that the unborn child is valuable and living is described further. The punishment for harming a pregnant woman “so that her children come out” is “life for life, eye for eye, tooth for tooth, hand for hand…“[4] Robert Jeffery, Pastor of Walthamstow Baptist Church, explained that the expression ‘life for life’ is a clear indication that the unborn child is alive. However, he clarified that the Old Testament law applied directly to Old Testament Israel and applies in very different ways to Christians today.
Pastor Jeffery further argues that, whilst the life of the unborn child has value and dignity, so too does the life of the mother. Therefore, if a pregnancy threatens the mother’s life, she may be justified in having an abortion. However, he explains that this is very rare and often not clear-cut. If a mother finds that she has cancer after she finds out she is pregnant, chemotherapy would not be an option if the mother does not want an abortion. The life of the unborn child is precious, and the mother “belongs to God and will be with Jesus in heaven forever if she dies.“[5] It is important to note that some Christians believe abortion is acceptable in the case of rape, but many believe that the crime of one human (the rapist) should not be allowed to bring about another tragedy (the death of the unborn child).
In essence, mothers and fathers do have a responsibility to care for their children,[6] and terminating a pregnancy can only be justified if there is concrete evidence to suggest that the unborn child poses detriment to the health of the mother. In cases other than this, abortion is not permitted as it is considered murder of an innocent human being. However, the Bible teaches that Jesus died on the cross for the sins of those who sincerely place their faith and trust in him. Thus abortion is a sin, but every sin is forgiven for those who wholeheartedly become Christians.
Every judgement made in a Jewish individual’s life must be centred on the Jewish law, Halacha. Therefore, in order to appreciate when abortion is required, permitted or forbidden in Judaism, one must first study the Halacha which governs the foetus.
Dr. Daniel Eisenberg, director of cardiology at Providence St. Joseph Medical Centre in Los Angeles, explained that every woman’s case with regards to abortion is unique, and the parameters determining the permissibility of abortion within Halacha are subtle and complex. Nonetheless, while it is crucial that a competent Halachic authority be sought with each case, the baseline for when an abortion is permitted in Judaism lies when the mother’s life is directly threatened due to the developing foetus.
This is further explained by Rabbi Adin Steinsaltz, a renowned Jewish philosopher in Israel. In Judaism, it is forbidden to intentionally injure oneself, “You shall not make any cuts on your body for the dead or tattoo yourselves: I am the Lord“.[7] Steinsaltz argues that as the foetus is an element of the mother’s body, by aborting it the mother will be destroying her own body, therefore going against the Halacha. He believes that a situation which would permit her to “cut” her foetus is akin to a situation which would permit her to cut a finger; solely if there are compelling reasons as to how dangerous it would be for her life if she did not do so. Additionally, Jewish law states that God made man in his own image,[8] which further explicates that the human body does not belong to man for him to do with as he pleases.
However, Judaism appreciates that occasions may arise when the pregnancy places the mother’s life in severe danger. In cases such as these, abortion is permitted. In fact, Judaism insists that the foetus must be aborted in such circumstances, since preserving the life of the mother is much more important than preserving the life of an unborn child.
In conclusion, as long as there are suitable reasons as approved by a Rabbi experienced in this field, abortion is not considered a severe form of murder. Extensive studies have been undertaken by many Jewish scholars on passages in the Old Testament which discuss murder and the penalties for it. The monetary sanctions which are placed upon those who strike a pregnant woman causing a miscarriage, that is, the murder of a foetus, are specified.[9] Some Rabbis explain that the fact that the Torah requires a monetary recompense for causing a miscarriage only signifies that abortion, although a type of murder, is not a capital crime, demonstrating that one should not be executed for performing an abortion. However, it is sinful for one to undergo an abortion merely due to irresponsible acts as, breaking God’s command to populate the world, intentionally wounding oneself or destroying a potential being is stringently forbidden. Judaism has supreme concern for the sanctity and preservation of human life, and terminating a pregnancy cannot occur without due consideration.
The Islamic ruling on abortion stems predominantly from the Islamic law, the Sharīʿah. Within the Sharīʿah, rulings on abortion, as with all Islamic rulings, are always implemented on a case by case basis. This is done according to a rigorous, highly-regulated system of analysing the benefits and harms resulting from the implementation of such a ruling. This was, in fact, one of the unique characteristics of Islamic jurisprudence when it began 1,400 years ago.
With regards to abortion, the understanding held by the majority of scholars revolve around the saying of the Prophet Muḥammad (sall Allāhu ʿalayhi wa sallam) regarding the period of time when the soul is breathed into the foetus, at 120 days after conception. Islamic rulings concerning the termination of a pregnancy maintain that it is not permissible regardless of whether the soul has been breathed into the foetus or not. But after the soul has been breathed into it the prohibition is more emphatic. If a woman is pregnant, the pregnancy must be protected, and it is unlawful for the mother to harm this pregnancy or to put any kind of pressure on it, because it is a trust that God has placed in her womb with rights. It is, thus, impermissible to mistreat, harm or destroy it. However, as mentioned earlier, these general rulings on abortion are altered in accordance to the situation of the mother. As a result, if there is a realistic physical or psychological danger to the mother, a Muslim jurist will take these factors into account when advising upon the particular ruling to be implemented in a case. It may be that a pregnancy is terminated early on to avoid a greater harm which is certain to occur.
If the mother fears for the financial repercussions and the distress which may befall her by keeping the child, she is told not to terminate her pregnancy and have faith that God will take care of her child and herself. As God says in The Holy Qur’ān; “Kill not your children for fear of want. We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.“[10]
The one who is forced to do something is not guilty of sin, as God says in the Holy Qur’an: “…except him who is forced thereto and whose heart is at rest with Faith“.[11] Thus the Islamic ruling for the woman who was raped is that she is not guilty of any sin, because she was forced into it. This standpoint is further clarified by the saying of the Prophet Muḥammad (sall Allāhu ʿalayhi wa sallam): “God has forgiven for my people for their mistakes, what they forget and what they are forced to do“.[12]
Abortion is generally prohibited in Islām, however the Sharīʿah recognises the distress a woman wishing to terminate her pregnancy will go through if she is forced to keep the child. She will therefore be rewarded for bearing this calamity with patience. God says in the Holy Qur’an: “O you who have believed, seek help through patience and prayer. Indeed, God is with the patient“.[13] The Prophet Muḥammad (sall Allāhu ʿalayhi wa sallam) further explains this, “No stress or exhaustion befalls the Muslim, nor worry or distress, even a thorn which pricks him, but God will expiate for his sins because of that“.[14]
Hence, it is a grave sin in Islām to choose to terminate a pregnancy for any reason other than for fear of great harm to the life of the mother. However, Islām looks to alleviating distress and hardship from every individual, and God encourages the mother to keep her child as He will provide for her and her children, and expiate her sins if she endures her difficulty with patience. As indeed “with [her] hardship will be ease“.[15]
To conclude, terminating a pregnancy does not constitute murder if the mother’s life is threatened due to the developing foetus. The life of the mother always precedes that of the unborn child’s. However, this does not mean to say that a child who is not yet born is not living. In Islām and Christianity, the child is very much alive from the early stages of pregnancy. To have an abortion for any reason other than for the protection of the mother’s life is unacceptable, as one is irrationally and unjustly taking the life of another. In Judaism, the mother will be self-harming if she chooses to terminate the pregnancy other than for the fact that her life will be harmed. With regards to the preservation of life and the choice and autonomy of a woman, it is unanimously agreed that the life of an individual (in this case the life of the foetus) at all times precedes the mere ‘right’ of another. This is not only emphasised within religion, but also within society. The life of a human being always weighs heavier than the right of a human being.
“We have indeed created man in the best of shape. Then we revert him to the lowest of the low. Except for those who believe and do good deeds. Then they will have a reward without cessation“.[16]
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Source: www.islam21c.com
Notes:
[1] Al-Qur’ān, 5:32 and Mishnah Sanhedrin 4:5
[2] Psalm 51:5
[3] Leviticus 19:14
[4] Exodus 21:22-25
[5] Luke 23:43
[6] 1 Timothy 5:8, The New Testament
[7] Leviticus 19:28
[8] Genesis 1:27
[9] Exodus 21:22-25
[10] Al-Qur’ān, 6:151
[11] Al-Qur’ān, 16:106
[12] Sunan Ibn Mājah 2043
[13] Al-Qur’ān, 2:153
[14] Bukhārī 545
[15] Al-Qur’ān, 94:5
[16] Al-Qur’ān, 95:4-6
34 Comments
Alhamdulilla a very interesting read, good use of comparative religious views, always good to read other opinions and educate yourself in all religions. Lovely summary.
MashaAllah sis what an article. And you’re so young! Brilliant work mA, would love to see more of your writing in the future inshaAllah. One point to note however; assuming all of the religious leaders you spoke to were male, do you think that opinions on something so delicate and feminine such as abortion would have been different, if they were female?
Again Hector your looking for definitions in English of a text that can’t easily be translated into English. Classical Arabic does not translate well at all in English.
In Arabic soul can mean different things. It could mean the person the soul belongs too.
I have said this to you before but it keeps falling on deaf ears.
Really? Abortion is ONLY allowed in case of danger?
I’m pretty sure I heard many different opinions. It’s not acceptable for you to pass off one jurist view as “Islam” says when jurists vary in what they see as permissible for abortion.
What other reasons have you read about which allows a mother to have an abortion? I’m pretty certain in Islam it is only when there will be a definite danger to her life.
Rape and so on. This article literally appears to be saying it is sinful for a RAPED woman to abort.
That is just shameful. You May believe that but have no right to force it on others.
“…Thus the Islamic ruling for the woman who was raped is that she is not guilty of any sin, because she was forced into it”. I believe here it is rather vividly explained that the woman who. Was raped can have an abortion without any sin being upon her.
I believe, rather intensely, that you are totally and utterly wrong because of,
“To have an abortion for any reason other than for the protection of the mother’s life is unacceptable, as one is irrationally and unjustly taking the life of another.”
She didn’t even come close to mentioning the spectrum of views of the fuqaha. Utter rubbish and completely unexpected from an Islamic site. What is this, being conservative for the sake of being conservative? Personal biases have no place in the ahkam of Allah.
I’m afraid all you are doing is just betraying a profound lack of knowledge of the difference between a hukm and a fatwa. No mutfi worth his (or her) salt would be ignorant enough to give a blanket exception for a woman being raped having a free pass on abortion. These are things discussed on a case by case basis, and definitely not publicly. As the article has clearly exhibited, the job of the fuqaha is to give the *principles* and not the implementation. Judging by your simplicity it looks like the methodology of the fuqaha has saved us from a lot of trouble had they done things a little differently.
Classical scholars unanimously agree on the prohibition of abortion after the stage of takhaluq or embryogenesis (40 days or 4 months when the fetus becomes Alaqah), but they disagree on abortion before this stage:
Abortion is unrestrictedly permitted in this stage, this view is not dominantly recognised by any of the madhahib but was adhered by prominent jurists;
Abortion is allowed in necessity in this stage other than that it would be makruh (disliked), this is the dominant view of the Hanafis and other jurists;
It is Makruh (disliked) in this stage, this view is not dominantly recognised by any of the madhahib;
Abortion is prohibited (haram), this is the dominant view of Malikis, the majority (or even the al-Mu’tamad) of Shafi’is, the dominant view of the Hanbalis and the Zahiris.
https://www.islamiqate.com/3383/what-is-the-islamic-position-on-abortion
This is really interesting. Jazak’Allahu khayran for writing this.
Salaam. MashaAllah, very well written. Alhamdulillah, it was a pleasure to read.
I like the ending. We are always too busy checking and fighting for our own rights, but there is greater reward in fulfilling the rights of others. In this case, the unborn child who is unable to fight for its right to live!
Very good point to end on, mashaAllah.
Don’t take this as presenting the world wide view of fuqaha.
Masha’Allah very impressive article; it is clear that you researched a lot into the subject. Learnt a few new facts, especially that Judaism believes that the unborn child is a part of the mother’s body.. Thoroughly interesting.
Masha Allah tabarakallah a good read, alhamdulillah.
No, one of the worst things to come out of this website and really a tragedy for a group of editors who should no far better then to promote one ruling as if it were the only ruling of fuqaha.
“To have an abortion for any reason other than for the protection of the mother’s life is unacceptable, as one is irrationally and unjustly taking the life of another.”
This is by no means the only ruling of the fuqaha. There is a variance.
I’m afraid all you are doing is just betraying a profound lack of knowledge of the difference between a hukm and a fatwa. No mutfi worth his (or her) salt would be ignorant enough to give a blanket exception for a woman being raped having a free pass on abortion. These are things discussed on a case by case basis, and definitely not publicly. As the article has clearly exhibited, the job of the fuqaha is to give the *principles* and not the implementation. Judging by your simplicity it looks like the methodology of the fuqaha has saved us from a lot of trouble had they done things a little differently.
Initially I understood this article as you have expressed that you do, however after reading it again I see where I was mistaken. Yes, the author does state this statement in their conclusion, HOWEVER in their introduction they began to first clarify that the fuqahaa, although providing certain fatwas, take each individual case on a case by case basis, and this is the “uniqueness of Islamic jurisprudence”. Thus, whilst the ruling is that abortion is only allowed when the developing foetus poses harm to the life of the mother, this is only the generic ruling and the fuqahaa will use wisdom when presenting a ruling for, for example, a woman who was raped. For all we know, the child that woman may be bearing might very well cause her psychologiCal pain, which in itself is detrimental to the health of the mother. Especially if she has other children who rely on her. So, going back to what she has clearly stated in her article, this is the uniqueness of Islamic jurisprudence; that whilst the laws are there, the fuqahaa do not paint everybody with the same brush. For example; if it says in the shariah to chop off the hands of the thief, do you think the fuqahaa would command the hands of a bread thief, who is the sole breadwinner of young children, to be chopped off? Of course not! Hukum is used, and I am afraid you are getting confused between the two.
“Whoever kills a soul it is as if he had slain mankind entirely. And whoever saves one – it is as if he had saved mankind entirely.“
Surely the whole point about souls in islam is that they are believed to be immortal and cannot be killed.
Logically, shouldn’t muslims favour abortion – and infanticide too? If children die at an early age, they get a free pass to heaven, whereas if they live long enough the likelihood is that they will fail to recognise the truth of islam and end up getting roasted in hell.
Again Hector your looking for definitions in English of a text that can’t easily be translated into English. Classical Arabic does not translate well at all in English.
In Arabic soul can mean different things. It could mean the person the soul belongs too.
I have said this to you before. It keeps falling on deaf ears.
You seem to think I ought to take your word for it that what doesn’t make sense in English would make sense in classical Arabic. If that’s the case, it’s badly translated into English.
Not at all. Study the text in the language it was revealed. Maybe you have an amoeba brain but any lingust the world over will tell you classical Arabic does not translate into English properly.
In Arabic 1 word can have different meanings depending on context. You need to get down to your local Arabic language class and start learning it. That way your argument may carry some weight. Until then it’s a useless Troll posting.
It still doesn’t make sense in English. Either it cab ne translated into any language except classical Arabic, in which case this is a bad translation, or it cannot, in which case it is not universally applicable.
Your making the same point I am. In English it doesn’t make sense. Classical Arabic does not translate to English easily. As you don’t know any of the two languages well it’s very difficult for you to understand.
If classical Arabic does not make sense translated into English presumably god, in his infinite generosity and mercy, isn’t going to send people to hell for not understanding what doesn’t make sense. An overwheming reason not to learn classical arabic.
You know the message. The message is very very simple and easy.
Believe firmly in your heart that there is no God but Allah. Mohammad (sws) is his final messenger.
It’s not that complicated is it, or even hard?
It’s your pride and stubbornness getting in the way.
Children don’t necessarily get a free ride. Allah knows what they would have done and they are given a command on the final day and if they obey they go to Jannah and if they don’t they go to Jahannam.
That’s quite a warped stance Hector, surely?
What kind of world view would promote the killing of children to attain paradise? This defeats the purpose of the life of this world. Also, if ‘adopted’ widely would pretty quickly lead to the extinction of our species…!
I won’t even entertain your other point about ‘fail to recognise the truth..’. I doubt you have any facts to support this argument.
What is warped about what I said, Abu Saleh? If killing children would help them get to paradise, then – if you believe in paradise – it’s an act of mercy. As the purpose of the life of this world is supposed to be to determine what happens to us in the afterlife, it’s surely a pretty important matter. If M. Mahmud is right, on the other hand, then it doesn’t make any difference whether people have a life or not. God knows what they would have done and treats them accordingly. In that case, of course, the extinction of our species won’t make any difference to our individual fates.
As most of the human species has failed to recognise the truth of islam even when exposed to what muslims believe are the obvious and irrefutable proofs of it, then either most of the himan species are going to go to hell or most muslims are remarkably incompetent at demonstrating these truths and presumably will posthumously pay the price for their failure.
First of all, God doesn’t punish except for what people have done.
Children and senile/insane people as well as people who never heard the message(like deaf people who never had it communicated to them or people who never heard of Islam) are put to a test. They give their pledge of obedience and are commanded to enter the fire. Those who enter it will find it cool for them. They will be in Jannah. Those who refuse will be dragged into it. They will be in the fire.
You mean God doesn’t punish except for what people will have have done, surely. It’s some time ’til judgment day. Presumably people who know about the test are deemed to have learned about islam.
All the same, if you’re right then it doesn’t matter whether people actually, technically speaking, lived at all, so killing them before they got round to sinning would be the more merciful policy.
Anas said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Four (kinds of people) will be brought forth on the Day of Resurrection: the infant, the insane, the one who died during the Fatrah (the period between two prophets) and the very old man. All of them will speak in their own defence, then the Lord, may He be blessed and exalted, will say to a neck of Hell, ‘Come forth!’ and He will say to them, ‘I used to send Messengers to My slaves from amongst themselves. Now I am the Messenger of Myself to you. Enter this (i.e., the Fire).’ Those who are decreed to be among the doomed will say, ‘O Lord, how could we enter it when we are trying to escape it?’ And those who are decreed to be among the blessed will rush to enter it. And Allaah will say: ‘You would have been more disobedient towards My Messengers.’ So those will enter Paradise and those will enter Hell.” Narrated by Abu Ya’laa, 4224. There are corroborating reports which were mentioned by Ibn Katheer in al-Tafseer, 3/29-31.
How do you know it’s some time till judgement day?
Please elaborate.
No need to elaborate, Abu Mustafa.
Judgment Day hasn’t happened yet, so if it is going to happen at all there’s some time to wait until it does.