Ruling on abortion
Fatwa No: 469747

  • Fatwa Date:18-1-2023 - Jumaadaa Al-Aakhir 26, 1444
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Question

As salaam alaikum, Iam pregnant with my 7th child. My husband does not want, the baby and he is making me get an abortion. I fear Allah and wish to keep my child. I have been mentally and psychically and financially abuse by my husband throughout my marriage. I have no money, no family and no other home or means to live without him. Each day he becomes angry with me over the little stuff and blames me for everything but I know it’s because I’m pregnant. I beg to Allah to rectify my affairs. I feel lost and drain. I fear my husbands anger and he may continue to hurt me if I don’t get an abortion. I don’t know what to do please help. JazakuAllah khair.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Abortion is prohibited even if the fetus is still in the stage of sperm-drop. This is actually the juristic opinion we view as most likely to be correct. However, the sin is worse if the soul is breathed into it. As such, it is prohibited to abort it unless there is a legitimate necessity for doing so. In fact, abortion, when the soul is breathed into the fetus or for no legitimate necessity, is an unlawful killing of the soul that Allah has forbidden since the soul has already been breathed into it. Allah, the Exalted, says (what means): {And do not kill the soul which Allah has forbidden, except by right.} [Quran, 17:33]

So, we advise you to kindly talk with your husband in light of what is mentioned above and to seek the help of the righteous people (by asking them to convince him). If he is convinced, you have – praise be to Allah – achieved your goal; however, if he insists on his opinion, then you are not allowed to obey him since there is no obedience for any creature when it involves disobedience to the Creator.

However, if the fetus is less than forty days and you are afraid that your disobedience to him would result in bad consequences, such as divorce and family breakdown, you can – in this case – work according to the opinion of those scholars who are of the opinion that is permissible to abort the fetus before the soul is breathed into it as long as there is a legitimate valid excuse. That said, scholars are of he opinion that it is permissible to employ concessions on Ijtihaad-based issues in case of need and to ward off harm, taking into account that it is dispraised to follow all the concessions of scholars.

We furthermore highlight the point that the husband is obliged by Sharee'ah as Allah, The Exalted, says (what means): {And live with them in kindness.} [Quran, 4:19] As such, the husband’s insult to his wife, hurting her, and forcing her to abort for a non-valid legal excuse totally contradict the Divine Order.

Allah knows best.

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