Muslim views on abortion emphasise the sanctity of life, drawing on Qur’anic guidance and the interpretations of religious scholars, abortion being defined as the killing of the foetus and its removal from a pregnant woman’s womb. Verses discouraging the taking of innocent life—such as Qur’an 5:32 and 17:31—are frequently applied to the issue, leading most jurists to consider abortion a form of unjust killing and therefore forbidden. Despite this, the Qur’an’s failure to address human abortion explicitly has led to differing opinions among Islamic scholars.
Each of the four Sunni Islam schools of thought—Hanafi, Shafi'i, Hanbali, and Maliki—have their reservations on if and when abortions are permissible. The Maliki school holds that "the fetus is ensouled at the moment of conception." Thus, "most Malikis do not permit abortion at any point, seeing God's hand as actively forming the fetus at every stage of development." The Sahih al-Bukhari (book of Hadith) writes that the fetus is believed to become with soul after 120 days' gestation."(The matter of the Creation of) a human being is put together in the womb of the mother in 40 days(some say 120), and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things...then the soul is breathed into him" Therefore, some Hanafi scholars believe that abortion before the hundred-twenty-day period is over is permitted, though some Hanafi scholars teach that abortion within 120 days is makruh (disapproved, i.e., discouraged). All Islamic schools of thought agree that the mother's life is paramount, and in the case of a life-threatening pregnancy, separation of the mother and unborn child may be necessary.
In Shia Islam, abortion is "forbidden after implantation of the fertilized ovum." The leader of the Iranian Islamic Revolution, Ayatollah Khomeini, declared that shari'a forbids abortion without any reason "even at the earliest possible stage." a position shared by other Shiite scholars.
In the 47 countries of the world with Muslim-majority populations, access to abortion varies greatly. In many, abortion is allowed when the mother's life is at risk. In 18 countries, including Iraq, Egypt, and Indonesia, this is the only circumstance where abortion is permitted. In another ten countries, it is allowed on request. Mauritania, however, prohibits abortion under any circumstance.
History Most scholars during the medieval age viewed 120 days after conception as a crucial dividing line in the development of the fetus – the time when the fetus became "ensouled" (becomes a living soul) and thus a live human being. Abortion before this point was permissible according to Islamic law scholar Abed Awad, but after this period, it was considered a termination of life. These views toward abortion are still referenced and used by several modern Islamic theologians and scholars.
According to religious studies scholar Zahra Ayubi, historically, Muslim thought was more concerned with the topic of preservation of human life and safeguarding of the mother's life than with determining when life begins. Several contemporary Muslim writers have also stated that pre-modern Islamic scholars were more tolerant of abortion.
The Hanbali jurist Ibn Taymiyyah stated in his fatwa collection Fatawa Ibn Taymiyyah, "Aborting a fetus 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, verse 8)". A verse in the Quran refers to pregnant women who abort their pregnancies upon the Day of Judgment.
Hadith and abortion
There were no medical abortions in the time of Muhammad, the Prophet of Islam. Still, several Hadith dealt with situations where a pregnant woman lost an unborn child, often by being struck in the belly.
In at least the Hadith mentioned below (all are "sound" Hadith of Sunni Islam), Muhammad would declare the proper diya (monetary compensation in Islamic law for bodily harm or property damage) for the woman's loss. In each case, the compensation was a slave, thus indicating that the value of an unborn child was another human being.
Relevant excerpts
Abortion in various schools of thought
Ensoulment In Sunni Islam, the period when a fetus becomes ensouled can vary within the same madhhab, even if consensus exists.
120 days after conception. The Zahiris, Hanafi, Shi'is, Zaydi, and some Shafi schools view the fetus as being ensouled at 120 days. 80 days. However, other Shafi schools set the ensoulment stage of a fetus at 80 days. 40 days. In the Maliki and Hanbali schools of thought, ensoulment is placed at 40 days.Abortion: Islamic Rulings. Hearttogrow.org. Retrieved 2022-05-10 Conception. The Ibadi position states that a fetus becomes ensouled right at the time of conception. Although Zahiri scholars such as Ibn Hazm consider the fetus to be nothing before 120 days, they still prohibit it from conception.
Other factors Most schools consider abortion permissible if the pregnancy poses physical or psychological harm to the mother. Socio-economic factors or the presence of fetal anomalies are also viewed as justifiable reasons to abort in many schools. However, Islamic jurists in all schools state that abortion is permissible even after the ensoulment stage of a fetus if the mother's life is in danger.
Prohibition of Abortion Although most Islamic scholars permit abortions, there have been views going back to the early centuries that it is prohibited entirely. A famous case besides the Malikites prohibiting it are the literalists or Zahirites. Ibn Hazm was the most influential literalist scholar and led to the conclusion that the face-value/literal interpretation with everything included in the Quran and authentic Sunnah proves that abortion is prohibited in all cases, no matter the stage:ISSUE: What of the woman who intentionally aborts her child?
Ali [i.e. Ibn Hazm] said: We narrated from Abdullah bin Rabi’, from Abdullah bin Muhammad bin Othman, from Ahmed bin Khaled, from Ali bin Abdul Aziz, from Al-Hajjaj bin Al-Minhal, from Hammad bin Salamah, on the authority of Al-Hajjaj, on the authority of Abda Al-Dhabi: What is the case if a woman was pregnant and intentionally went in her womb and aborted her child?
So Ibrahim Al-Nakha’i responded: She is obligated to emancipate a slave for her husband. She is obligated to give Ghurrah [i.e. blood money for a dead fetus]: a male or female slave.
We narrated from Muhammad bin Saeed bin Nabat, from Abd al-Aziz bin Nasr, from Qasim bin Asbagh, from Ibn Waddah, from Musa bin Muawiyah, from Waki`, from Sufyan al-Thawri, from Al-Mugheerah bin Maqsim, on the authority of Ibrahim Al-Nakha’i that he said: What is the case if a woman drinks medicine and she has an abortion? On that, he responded: She frees a slave, and gives the father Ghurrah.
Abu Muhammad [i.e. Ibn Hazm] said: This is a very valid statement.
Ali [i.e. Ibn Hazm] said: If the soul weren’t breathed into it, then the Ghurra would be upon her. And if the soul was breathed into it: If she did not intentionally kill him, then the Ghurra is also upon her, and the atonement [i.e. Kaffarah] is upon her. But if she intentionally killed him, then the Qisas is upon her, or ransom from her wealth.
But if she died in all of that before the fetus was born then she gave birth to it: Then the Ghurrah is obligatory in all of that, in the case of the accident upon the guilty perpetrator - whether it was the mother or other than her - likewise, in the case of the intentional act before the breathing of the soul. But if the soul has been breathed into it, then the Qisas is upon the perpetrator if it is someone other than her. But if it is her, there is no penalty, no expiation, and nothing at all. This is because there is no judgment upon the deceased, and his wealth has passed to someone else. And with Allah, the success is sought.According to Ibn Hazm, his view was supported since the 8th century by Ibrahim Al-Nakha'i. The basis for this prohibition is from the Hadith of the aborted woman from Bani Lihyan. However, Ibn Hazm further states that if the child is more than 120 days old, then it is a living being and human. Thus, whoever kills the child by then is punished with either capital punishment or blood money, with the blood money only being mandatory for them if done by accident.
Although strict literalism in Islamic law has been known to be the most lenient compared to other schools of thought, it is not a school of leniency. Sometimes, such as in the case of abortion, Zahiri scholars have rigorous positions when interpreting the Quran and Sunnah at face value.
In his verdict, Ibn Uthaymeen went into detail that before 120 days, abortion only becomes permissible if the mother's life is in danger or if the fetus has a deformity that will harm it psychologically or harm its family. However, he made it clear that this is permissible only before 120 days of gestation and that it does not become permissible at all to abort it after 120 days, even if the mother's life is in danger.
If the mother were to be sure to die, Ibn Uthaymeen still held it impermissible to abort, as he said that it is prohibited in Islamic law to kill someone [in this case, the baby] to save another person [and in this case, the mother]. He further said that this was the decree of God and that no one should find the problem in this scenario, even if it is inevitable that both the mother and child would die, and no one else would be responsible for their death. However, if someone were to abort the child and it dies, then its death is upon the one who does the abortion.
When abortion is permissible In Sunni Islam, there is disagreement on rulings between 40 and 120 days. Most scholars in the present era hold position similar to that of the Hanbali school, permitting abortion until 40 days, and until 120 days when pressing conditions exist.
In Shia Islam, abortion is "forbidden after implantation of the fertilized ovum." As with other Shiite scholars, Ayatollah Khomeini declared that "Termination of pregnancy even at the earliest possible stage under normal circumstances without any reason is not allowed" and that "The shari'a does not permit the abortion of a fetus."
+StageTime periodHanafitesShafitesHanbalitesMalikitesLiteralists/ZahiritesNotesNutfa (sperm)0-40 days after conceptionYesYesYesNoNo Among contemporary Sunni scholars, Yasir Qadhi states that abortion may be performed within the first 40 days of pregnancy "for a very legitimate reason", but is prohibited after that period, at which point ensoulment occurs. The Malikites strictly prohibit any means of birth control.Alaqa (blood clot)40-80 days after conceptionYesSomeSomeNoNoMudgha (embryo)80-120 days after conceptionYesSomeSomeNoNoKhalqan Akhar (spirit)120+ days after conceptionNoNoNoNoNo It is unanimously agreed amongst scholars of all schools of thought ensoulment has occurred after 120 days, though some (e.g. ) do not equate ensoulment with embryogenesis. The only exception is when birth would endanger the mother's life.
After four months of gestation Sayyid al-Sabiq, author of Fiqh al-Sunnah, has summarized the views of the classical jurists in this regard in the following words:
Threat to the woman's life