TERMINATION OF PREGNANCY

Introduction

Dealing with termination of pregnancy can be emotionally difficult for both patients and doctors involved. With wide variety of opinions out there, often there would be some doubt as to whether this termination is Islamically allowed or not, or whether am I too lenient or strict with the termination of pregnancy.

Most recent discussion by Dr Yasir Qadhi (Contemporary religious scholar) & Dr Hatem (Paediatrician with PhD in Comparative Fiqh) in Youtube triggers the need for me to put things in writing for my reference in future. And I hope it will help the readers to find their own directions as well.

Stages of foetal development

Old jurists made distinction of permissibility based on timing of termination – using 40 days and 120 days as the gateway. Why 40 and 120 days, one must ask? This is mainly based on ahadith that mentioned 40 days as the time when the product of conception is still in early stage and 120 days (of conception) as the time when Ruh was breathed into the foetus.

Medically, embryogenesis is nearly complete by 40 days of conception. That means, the product of conception already has many features of fully formed human. There is already sign of heart beating by 6 weeks of gestation. However, islamically, this does not equate to ensoulment (Ruh breathed into being). Many scholars still take 120 days as the time of ensoulment. With the embryo passed the stage of ensoulment, it has now become fully sanctified human life, Islamically speaking.

In the Quran, Allah said: Then We made the sperm-drop into a clinging clot, and We made the clot into a lump [of flesh], and We made [from] the lump, bones, and We covered the bones with flesh; then We developed him into another creation. So blessed is Allah, the best of creators. (Surah Al-Mukminun, verse 14). Ali r.a commented during discussion of the permissibility of ‘azl (coitus interruptus) that the product of conception went through 7 stages of development before it is given a soul. Hence, ‘azl cannot be considered as infanticide.

For what reason abortion is permissible in Islam?

There were wide range of opinion regarding abortion in Islam. The classical Maliki school is the strictest – they opposed any intervention as means of birth control. While dominant Hanafi position is the most lenient for abortion within 120 days. Most classical jurists would allow abortion when the product of conception is less than 40-day old (around 8 weeks of pregnancy), even when the reasons are considered ‘soft’ by today’s standard. One thing that was stressed is that abortion cannot be done for afraid of being poor, as this is directly against the Quran’s teaching:  And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin. (Surah Al-Israa’: verse 31.)

Abortion after 40 days (and before Ruh is breathed into it, at 120 days) required more concrete reasons (darurah), such as disturbance to the health of mothers and severe congenital malformation. A pregnancy because of rape can also be considered for termination, if it has not passed the 120 days or around 19 weeks of pregnancy.

To what extent, the health of the mother is jeopardised before termination of pregnancy can be considered? This is to certain extent, quite subjective. Being pregnant itself, without having any other additional risk, carries higher morbidity and mortality risk, compared to non-pregnant woman – but that is not enough to warrant abortion on demand. Interestingly, some previous jurists would even allow termination of early pregnancy for fear of a current-breastfed child may not be able to suckle and suffer from malnourishment and death. So, according to many classical scholars, termination of pregnancy can be considered within 120 days for any significant health risk to the mother.

Abortion after 120 days

From jurists’ viewpoints, because of the landmark 120 days (about 19 weeks) for the soul to be breathed into, they considered abortion after that is illegal and punishable by law. The only reason it can be allowed if it deals with the life and death situation of the mother, or for delivery of dead foetus.

Termination of pregnancy under current setting

Regardless of the stage of pregnancy or whether the Ruh has been breathed in or not, abortion in an established pregnancy for social reason is less likely to be performed nowadays. Reasons for which termination may be considered in the olden days, such as Down Syndrome baby or worried of breastfeeding-child, is no more considered major reason for termination. Even when there is increased risk to the mother during pregnancy, for example, by having kidney problem or hypertension; termination of pregnancy may be discussed and not necessarily offered as the first choice.

Conclusion

There was more leniency with the verdict of termination of pregnancy in classical jurists than what we are accustomed to nowadays. With the advancement of medical treatment, some risks during pregnancy are more manageable compared to the olden days, lowering the overall risk of complication to the pregnant mother. With the available helps as well, many babies that were born with disabilities may continue to live meaningful life.

This is by no mean enough for one to decide whether termination should be done or not, but perhaps it should serve as basic knowledge to carry out further research and discussion.

Reference:

1. Youtube video of Dr Yasir Qadhi and Dr Hatem el-Haj. 2020. https://www.youtube.com/watch?v=bd6pLHPtBSg 

2. The Fiqh of Medicine (2001) by Ahmed Abdel Aziz Yacoub (Ta-Ha Publishers Ltd)

3. Islam and Abortion Debate, by Dr Omar Suleiman (Yaqeen Institute). 2017. https://yaqeeninstitute.org/omar-suleiman/islam-and-the-abortion-debate/