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18749202/04/2004

Rulings to do with abortion

Question: 12475

I would like to know the rulings that have to do with abortion of the foetus at various stages.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

We have already stated in
the answer to question no.
42321 the ruling on
abortion. Please refer to this information. 

Secondly: 

With regard to the rulings following an abortion, they vary
according to the time of the abortion, and fall into four categories, as
follows: 

1 – If the pregnancy is aborted within the first two stages
(the nutfah (drop) stage which results from the mixing of the “two waters”
which is the first forty days after the embryo attaches itself in the womb,
and the ‘alaqah (clot) stage where it turns into solid blood during the
second forty days), which add up to a total of eighty days, then in this
case if it is aborted as a nutfah or ‘alaqah, there are no rulings to be
followed, and there is no scholarly dispute on this point. The woman should
continue to fast and pray as if she had not had an abortion, but she has to
do wudoo’ for each prayer if she has any bleeding, as in the case of a woman
suffering from istihaadah (non-menstrual vaginal bleeding). 

2 – If the pregnancy is aborted in the third stage, the
mudghah (chewed piece of flesh) stage, when the embryo looks like a piece of
meat with the limbs and features beginning to appear, which lasts for forty
days from the eighty-first to the one hundred and twentieth day, then there
are two scenarios:  

(i)This embryo does not have any
human features and the midwives or other attendants did not testify that
this was the beginning of a human being. In this case the ruling on abortion
of this mudghah is the same as the ruling on abortion in the first two
stages, and there are no rulings to be followed.

(ii)The embryo has complete human
features or some human features  such as a hand or foot, etc, or there are
features but they are indistinct, or the midwives or other attendants
testified that this was the beginning of a human being. In this case the
rulings on nifaas are to be followed, and this signals the end of ‘iddah
(waiting period following divorce or death of the husband, if applicable).

3 – If the pregnancy is aborted in the fourth stage, i.e.,
after the soul has been breathed into the foetus, which is after the
beginning of the fifth month or after one hundred and twenty days of
pregnancy have passed. Here there are two scenarios: 

(i)If the foetus did not cry after
birth, then the rulings mentioned with regard to the second stage of the
mudghah are to be followed, but in addition the foetus should be washed,
shrouded and the funeral prayer offered for him; he should be given a name
and the ‘aqeeqah offered for him.

(ii)If the foetus cried after
birth, then the rulings concerning a full-term baby apply, as mentioned
above; in addition the child may take possession of wealth bequeathed or
inherited; he may inherit or be inherited from, etc.

Fataawa al-Lajnah al-Daa’imah,
21/434-438.

Source

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