From previous BC Imam Ibn Tamiiyah states in his Fatawa collection: “Aborting a foetus has been declared unlawful (Haram) with the consensus of all the Muslim scholars. It is similar to burying an infant alive as referred to by Allah Almighty in the verse of the Qur’an: “And when the female infant, buried alive, will be asked as to what crime she was killed for” (Surah al-Takwir, 8) (Fatawa Ibn Tamiyya, 4/217). Ibn Abidin (Allah have Mercy on him) also states the prohibition of this gruesome act in his treatise ‘Radd al-Muhtar’: “If a woman intends to abort her pregnancy, then the Fuqaha have said: If the period of the soul being blown into the foetus has elapsed, it will be impermissible” (Radd al-Muhtar, 5/276). However, some Fuqaha and contemporary scholars have given a dispensation to abort the pregnancy after 120 days, in the situation where the life of the mother is in certain and absolute danger. This is based on the Juristic principle stated in the books of Usul al-Fiqh: “If one is overtaken by two evils, one should choose the lesser of the two” (al-Ashbah wa al-Naza’ir, P.98) They state that the mother’s life should be saved and the foetus aborted, as the mother is established in life, with duties and responsibilities, whereas the unborn child is still in the mother’s womb. But it should be remembered that the mother’s life must be in certain danger, and that this should be advised by a qualified and experienced Muslim doctor. With regards to stage (b) i.e. prior to the entry of the soul into the foetus (120 days), the ruling is that, even in this case it is unlawful (Haram) to abort the pregnancy. Completed in next BC
Posted on: Wed, 22 Jan 2014 19:34:34 +0000
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