Question
What is the ruling on a woman seeking an abortion to terminate a pregnancy that came as a result of rape or adultery?
Answer
If this pregnancy came about as a result of rape and is still within its first first four months, then abortion will be allowed if it is determined that the pregnancy may effect the mother’s physical or psychological health by imposing upon her a situation that she cannot bear, especially in the absence of social support.
This permissibility lessens gradually. It is more permissible in the early part of the four months - the first 40 days - then it will be in the second and third forty days.
However, if the pregnancy resulted from consensual adultery, then it is impermissible for her to have an abortion, even at this early stage. There are numerous evidences for this, but I cannot list all of them in such a brief answer.
One of these evidences is the story of the woman from the Ghâmidî tribe who during the time of the Prophet (peace be upon him) committed adultery and fell pregnant. She was spared punishment until the time the child was born and nursed for the full term. Only then was the prescribed punishment carried out upon her.
The logic of this ruling is that the consequences of an unlawful act (adultery) should not be used as a pretext to make lawful something else that is unlawful (abortion), since indeed abortion is unlawful except under the most extraordinary circumstances. If this option were made lawful under such circumstances, it will be opening the doors to a lot of abuses.
This permissibility lessens gradually. It is more permissible in the early part of the four months - the first 40 days - then it will be in the second and third forty days.
However, if the pregnancy resulted from consensual adultery, then it is impermissible for her to have an abortion, even at this early stage. There are numerous evidences for this, but I cannot list all of them in such a brief answer.
One of these evidences is the story of the woman from the Ghâmidî tribe who during the time of the Prophet (peace be upon him) committed adultery and fell pregnant. She was spared punishment until the time the child was born and nursed for the full term. Only then was the prescribed punishment carried out upon her.
The logic of this ruling is that the consequences of an unlawful act (adultery) should not be used as a pretext to make lawful something else that is unlawful (abortion), since indeed abortion is unlawful except under the most extraordinary circumstances. If this option were made lawful under such circumstances, it will be opening the doors to a lot of abuses.
Contemporary scholars have voiced their agreement on this issue in all of the many of the international Islamic Law conferences that have been convened. It is also the ruling issued by the Supreme Council of Scholars here in Saudi Arabia.
This ruling complies with the broad principles of Islamic law.
And Allah knows best.
-islamtoday.net
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