Abortion in the sixth month of preg...

Egypt's Dar Al-Ifta

Abortion in the sixth month of pregnancy based on a medical report

Question

What is the ruling on abortion in the sixth month of pregnancy, according to a medical report? I am six months pregnant, and the physicians determined that the continuation of my pregnancy poses a genuine life-threatening risk. Attached is the medical report confirming this. What is the ruling of abortion in this case?

Answer

According to Islamic law, it is permissible for the inquirer to terminate the pregnancy as long as physicians have determined that its continuation presents a risk to her life.

Jurists concur that it is categorically impermissible to terminate a pregnancy once the fetus reaches 120 days of gestation, which is the time when the soul is breathed into the fetus. Therefore, it is impermissible to terminate the pregnancy at this time because it is considered killing a soul which Allah has prohibited except by right. Allah Almighty says, “… and do not kill your children out of poverty; We will provide for you and them" (Quran, 6:151) and “And do not kill the soul which Allah has forbidden, except for just cause” (Quran, 17:33).

However, there is a difference of opinion among scholars regarding abortion before the fetus reaches 120 days of gestation:

  • Some jurists hold that it is prohibited; this is the authoritative view of the Maliki and Zahiri schools of jurisprudence.
  • Other jurists maintain that it is categorically disliked, which is the opinion within the Maliki school.
  • Some jurists hold that it is permissible when a valid excuse exists; this is the view of some scholars from the Hanafi and Shafi’i schools of jurisprudence. 

The preponderant opinion and the one chosen for fatwa for this case, is that abortion is categorically prohibited, whether before or after the ensoulment of the fetus, except in cases of necessity recognized by Islamic law. This necessity would be determined if a trustworthy medical expert confirms that the continuation of the pregnancy poses a danger to the mother’s life or health. In such a case, it is permissible to terminate the pregnancy to preserve the mother’s life and health, giving it precedence over the life of the fetus, which is considered less certain than the mother’s life.   

Based on the doctor’s report indicating that the continuation of the pregnancy poses a significant risk to the mother’s health, it is permissible to terminate the pregnancy in such a case, and there is no objection to this in Islamic law.

And Allah Almighty knows best.

 

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