AHMAD Sa‘eid

12th Rajab, 1431h

 SYNOPSIS
 Introduction
 Meanings of terms
 The Big Question: When does life begin?
 THE TRIP WE DO NOT WANT TO TAKE:
SCIENCE
 How is it done?
 Rulings of the Sharei’ah
 Summary of views
 Conclusions
Introductions
 Without doubt, it has been extremely difficult to obtain completely
and objectively informed acceptance and/or permissibility of
contraception among “conservative” scholars.
 They maintain that “Allaah creates the family, and it is for Him to
plan..”
 They ALWAYS CONFOUND this with issues of ABORTION,
which,sadly, is a totally different entity.
 It is fundamentally not up to the created individual to determine
single-handedly the length of his own LIFE or of others (within or
without himself).
 As shall be seen, “moderatists” would elucidate the diverse “schools
of thought” on the subject, while “absolutists” would excercise the
Law of Qisas on any “abortionist”no matter for what reason.
 First, we should know; what is in a pregnancy ..
Definition(s)
 Abortion (termination of pregnancy) is the expulsion of a foetus from the
womb of a woman before its normal age of viability.

 Miscarriage is any such termination occurring thereafter.

 Abortions may be spontaneous, or INDUCED

 Most spontaneous abortions, especially in the 1 st trimester, are a result of

severe chromosomal abnormalities which are incompatible with life.

 Indeed, many conceptuses spontaneously abort without the mother knowing!

 Induced abortion may either be by consuming certain drugs (abortifacients) or

by emptying the womb through instrumentation.

 Conversely, CONTRACEPTION is all of the measures taken to preclude

conception/ pregnancy.
 The Big when does LIFE begin?
Question:
This is a profoundly intricate question, with widespread
implications, ranging from abortion rights, limits and
prohibition to stem cell research and beyond.

 What does it mean to be alive?

 What does it mean to be human?
 Zygote or an embryo, which is alive?
 Is a zygote or an embryo a person or a human being?

 Answers to these questions are inherently inciting, and are

used as evidence for far-reaching Fatawaat.
In the beginning...
 ...when does it begin?
 Abdullah ibn Mas’ud (Allah be pleased with him) narrates that the Messenger
of Allah (Allah be pleased with him) said:

“The seed of one of you remains in the womb of the mother for
forty days in the form of a Nutfa. Then it remains like a clot for
another forty days (álaqah), and then for a same number of days
like a lump of flesh (Mudhgha)(when the formation of the limbs
and the growth of the bones begin). Then Allah sends an angel
who is ordered to write four things. He is ordered to write down
his (i.e. the new creature's) deeds, his livelihood, his (date of)
death, and whether he will be blessed or wretched (in religion).
Then the soul is breathed into him...” (Al-Bukhari; Volume 4, Book 55, Number 549, Muslim).
The Sequence
History
 The (im-)morality of abortion extended from the question as to
whether abortion was the destruction of tissue, or whether it
was an act of homicide.

 The answers have always been the SAME, but the questions are
repeatedly asked nonetheless.

 In ancient Sparta, abortion was frowned upon because it ran

counter to the desire to raise strong males warriors.

 Yet, leaving a child to die of exposure on a hillside was not

considered murder if the child was judged to be unsuitable for
some reason (Morowitz and Trefil 1992).
History
 Rome: In his Republic, Plato writes that abortion
should be compelled in any woman who becomes
pregnant after forty; ... parents should bear children
for the state only for a defined period of years... (Bonner 1985).

 Indeed, Seneca disapprovingly states that it was

common practice for a woman to induce abortion in
order to maintain the beauty of her figure (Tribe 1990).
 History
 Ancient Greece: Pythagoreans stressed that the human soul was
created at the time of conception.

 This is reflected in the Hippocratic Oath.

 However this was a minority view (Tribe 1990).

 Aristotle, in his view, posited that the size of the family should be
determined by the state, and if children were conceived in excess
of the permitted number, an abortion should be procured at an
early stage of pregnancy "before sensation and life develop in the
embryo; before ensoulment“ (Bonner 1985, O'Donovan 1975).
Other religions
Judaism:
 The legislation in the Torah makes only one
reference to abortion, and it is through implication
(Jakobovits 1973):
 “And if men strive together, and hurt a woman with a
child, so that her fruit depart, and yet no harm follow,
he shall be surely fined, according as the woman's
husband shall lay upon him; and he shall pay as the
judges determine. But if any harm follow, then shalt
thou give life for life...” (Exodus 21: 22-23; as cited by Jakobovits 1973).
Judaism
 In reaching a conclusion, the foetus was designated a status
that was below a human.

 In traditional Catholic doctrine, a male fetus became animated

— infused with a soul & mdash at forty days after conception

 The female foetus became animated (ensouled) at eighty days

after conception (Tribe 1990) 

 The Jewish Talmudic Law assumes that the full title to life
arises only at birth. (Jakobovits 1973).
 
Christianity

 Psalm 139: 13-16 stresses again upon the growth of

the child from something formless to something
developed and complete, but there is not a clear
distinction indicating when the foetal body obtains
form, and whether this acquisition of form
designates an acquisition of humanness (Rogerson 1985).
Other religions: Rulings
 The current Catholic Church doctrine maintains
that immediate animation, ...life including a soul
from God, is concurrent with the moment of
fertilization (Shannon and Wolter 1990).

 Currently, the Church maintains the view that

(rather than abort even to save the mother’s life)
"two deaths are better than one murder" (Jakobovits
1973).
Other religions: Contemporary Rulings
 English common law located the beginning of a human
soul at "quickening,“ (about four months) believed to
be the stage when the soul enters the body.

 The British Abortion Act of 1967 permits abortion until

infant viability outside the womb, as long as two
doctors certify that the risk to the life or mental or
physical health of the woman, or to her existing
children, would be greater if the pregnancy were to
continue than if it were to be terminated.
Contemporary Rulings

 The line of viability is provided by the still valid Infant Life

(Preservation) Act, which has been interpreted to restrict
abortion after twenty-eight weeks of gestational age (Tribe 1990).

 In 1936 Joseph Stalin outlawed abortion. Two decades later

after Stalin's death, abortion was re-legalized, again for public
health reasons (Tribe 1990).

 The United States, abortion was permitted as a matter of public

health, in an attempt to prevent the loss of lives of women who
would be injured when trying to obtain illegal abortions.
Pro-‘Life’, or Pro-‘Choice’
 Today, there is in the West a raging controversy on the legality or
otherwise, of abortion.
 These are the societies who championed the ‘Sexual Revolution’ in
the first place!
 To the ‘Pro-Life’s, abortion is murder, under any circumstance.

 But, this extreme morality does not extend to restrict how the
pregnancy has resulted
 Often, blackmail and misinformed sentiments are employed in
their campaigns
 They saturate the internet with questionable images of ‘murdered
unborn children’
 Deceit, however, can not be employed to fight a just cause
Pro-‘Choice’
 These people claim an unchallengeable right of the ‘liberated’
woman to terminate any pregnancy at any gestational age.

 They maintain that who lives and who dies remain their inalienable
CHOICE to make, so long the individual is in their womb!

 To them, intra-uterine life is no life, its just another missed period.

 Such decisions usually are for pure material ends; “if a pregnancy is
unwanted, it is unwanted!”

 In fact, they need not have any reason at all!

THE TRIP WE DO NOT WANT TO
TAKE:
SCIENCE
 SCIENCE...
 Here, we are brought back to the terms Life, Being and Person.

 Although the opinion that life begins at fertilization is the most popular
view among the ‘science’ public, an increasing number of scientific
discoveries no longer support this position.

 Indeed, it is now known that there is no "moment of fertilization" at all!

 Fertilization is now viewed as a process that occurs over a period of 12-

24 hours.
SCIENCE...
 After sperms are released they must remain in the female reproductive tract for seven
hours before they are capable of fertilizing the egg.

 Approximately ten hours are required for the sperm to travel up to the fallopian tube
where they find the egg.

 The meeting of the egg and the sperm itself is not even an instantaneous process, but
rather a complex biochemical interaction through which the sperm ultimately reaches
the inner portion of the egg.

 Following fertilization, the chromosomes contained within the sperm and the
chromosomes of the egg meet to form a diploid organism, now called a zygote, over a
period of 24 hours.
(Shannon and Wolter 1990).
SCIENCE...
 In 2006, the American College of Obstetricians and Gynaecologists Committee on
Ethics published ..,

“If the pre-implantation embryo is left or maintained outside the uterus, it cannot develop into a
human being.”

 ...It has no life of its own!

But,
 The conservative-leaning American College of Paediatricians on its Web site states;

“The difference between the individual in its adult stage and in its zygotic stage is not one of
personhood but of development.” 
SCIENCE...
 There are at least four distinct moments that can be thought of as the beginning of human life . Each
can be said to be biologically accurate. Biologist Scott Gilbert, an expert in human development,

 The genetic view holds that life begins with the acquisition of a novel genome; it is a kind of genetic
determinism.

 The embryologic view thinks life begins when the embryo undergoes gastrulation, and twinning is no
longer possible; this occurs about 14 days into development.

 The neurological view insists that life begins when a distinct EEG pattern can be detected, about 24 to
27 weeks

 Foetal viability outside the mother’s body. After all, somewhere between 50 and 60 percent of all
embryos conceived miscarry.
 SCIENCE...
 Indeed, each swimming spermatozoon is alive, as much as the egg (ovum) it aims
to fertilise. (the Metabolic view)

 Are these ALL unseen beings or microscopic persons?

 This, painfully, may not be known with any more certainty than we know when
life ends.

 “People of Faith, and people of good conscience, are going to have to agree to
disagree—with a good dose of humility—on matters of life and death.”
 
How is it done?

WARNING!!!
 SOME DESCRIPTION THAT
FOLLOW MAY BE
DISCONFORTING, AS MAY THE
ACCOMPANYING IMAGES BE
GRUESOME
How is it done?
MEDICAL
 RU-486: It can be used up to the
second month of pregnancy.

 It works by blocking progesterone,

a pro-pregnancy hormone
 Without progesterone, the uterine
lining does not provide food, fluid
and oxygen to the tiny developing
baby. The baby dies.
 A second drug is then given that
stimulates the uterus to contract
and the (dead) baby is expelled.
How is it done?
MEDICAL

 Prostaglandin: Prostaglandin is
a hormone that induces
labour.
 The baby usually dies from the
trauma of the delivery.
 It is used in mid-term
pregnancies.
 However, if the baby is old
enough, it will be born alive.
 To prevent this ‘complication’,
some abortionists use
ultrasound-guided injection of
“foeticide” (a drug that kills the
foetus) into the unborn baby’s
heart.
How is it done?

SURGICAL
 Suction-Aspiration:
 Here, the cervix dilated, a
hollow plastic tube with a
knife-like edge is inserted
into the uterus.

 The suction tears

fragments the foetal
body.

 The placenta is cut from

the uterine wall and
everything is sucked into a
bottle.
How is it done?
How is it done?
 Dilation and Curettage (D and C):
 This is similar to a suction in
procedure except a curette is
used instead
 Bleeding is usually very heavy
with this method.

 Dilation and Evacuation (D and E):

 This type of abortion is done after
the third month of pregnancy.
 The cervix must be dilated,
usually with Laminaria sticks.
 A pliers-like instrument is inserted
through the cervix into the uterus,
seizing and extracting a body part at
time, untill only the head is left
 The skull is crushed and pulled out.
How is it done?
 How is it done?
 Second trimester abortions are often by
salt poisoning.

 A long needle is inserted through the

abdomen and a solution of concentrated
salt is injected directly into the amniotic
sac.
 The foetus is poisoned by the high
salinity;
 The immature epidermis burns off , and
brain haemorrhages are frequent.
 It takes about one hour for the child to
slowly die by this method.
 Approximately one day later the woman
goes into labor and delivers a dead baby.
 The salt poisoning technique is common
in the United States .
 It has many potential complications (7)
The Sharei’ah on Abortion
The Sharei’ah on Abortion
 According to Shari’ah (ref Hadeeth of Abdullah bn Mas’ud) the
(Ruh) enters the foetus at about 120 days (4 months)
from conception.

 The great Hanafi Faqeeh Ibn Abidin States:

“The soul enters the foetus at one hundred & twenty days
(4 months), as established by the Hadith” (Radd al-Muhtar, 1/202)

 All Rulings derived on Abortion can be divided into

two stages:

 a) Abortion after the soul (Ruh) enters the foetus

 b) Abortion prior to the entry of the soul in to the foetus
The Sharei’ah on Abortion: Stage A
 The ruling on abortion in stage (a) (above), is that, it is totally
impermissible and tantamount to murder, as it results in the
taking out of a definite life.

 All the scholars have unanimously condemned such a ghastly act.

 Imam Ibn Taimiiyah:

“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 (May Allah have Mercy on him):
“If a woman intends to abort her pregnancy...: 'If the period of the soul
being blown into the foetus has elapsed, it will be impermissible'”. (Radd al-
Muhtar, 5/276) 
The Sharei’ah on Abortion: Stage A
 Consensus Positions

 Conditions that may Excuse Abortion

 If the Mother's Life is in established Danger
 Some Fuqaha and Contemporary Scholars, based on the Juristic principle of
Usul al-Fiqh, have opined regarding this position as follows

“If one is overtaken by two evils, one should choose the lesser of the two” (al-
Ashbah wa al-Naza’ir, P.98)

 The mother’s life should be saved (in this case) and the foetus aborted;
the mother is established in life, with duties and responsibilities,
whereas the unborn child is still in the mother’s womb.

 This must be advised by a qualified and experienced (team of) Muslim

doctor(s).
The Sharei’ah on Abortion: Stage B
 The ruling is that, even in this case it is Haram to abort the pregnancy.

 Although there may not be a soul in the foetus, the foetus is considered
to be a part of the mother’s body as long as it remains in the womb.

 Thus, just as one’s very own life and, and organs of the human body are
trust given by Allaah (Al-Israa: 36), so too is the foetus a trust given to the
mother by Allah, and she will not have a right to abort it.

 However, whereas before 120 days she commits the sin of mutilation, an
inspiration from Shaitaan (An-Nisaa’: 119), haraam, it is a capital sin thereafter
(Kuwwirat: 8).

 Thus, “It is not permissible to abort the pregnancy before and after the
entry of the soul into the foetus.” (Radd al-Muhtar, 5/279)
Excused Circumstances
 Imam al-Haskafi writes:

“Aborting the pregnancy will be permissible due to a valid reason,

provided the soul has not yet entered the foetus”. These reasons
include conception following a rape, the mother’s life or health being in
danger, or repeated pregnancies severely damages her health, etc…

 However, shame (Zinaa) pregnancy (i.e. Resulting from unlawful

sex) is no basis for abortion. That would only complicate an
already heinous sin.

 The embryonic life farm in the mother’s womb is honoured and

sacred even though it is a result of adultery (Hidaya, 2/292)

 It shares no part of the blame, not withstanding the

circumstances that brought it forth.
Minority Views:
 Some Fuqaha, however, have given a
dispensation only in the situation where the
mother’s life is in clear and certain danger.
Summary of Views(ctd)
 All schools of Muslim law accept that abortion is permitted if
continuing the pregnancy would put the mother's life in real
danger.

 However, even those scholars who would permit early

abortion in certain cases still regard abortion as wrong, but
excused.

 The more advanced the pregnancy, the greater the wrong.

 Islam allows abortion to save the life of the mother because it

sees this as the 'lesser of two evils’.
Summary of Views(ctd)
 Abortion is regarded as a lesser evil in this case because:
 the mother is the 'originator' of the foetus
 the mother's life is well-established
 the mother has duties and responsibilities, a legal entity
 the mother is part of a family
 allowing the mother to die would also kill the foetus in most cases

 Abortion is ILLEGAL for fear of poverty, or lack of planning

(Q17:32)
Abortion for the sake of the baby

 Abortion is permitted by a number Scholars if confirmed in the

early period of pregnancy that a foetus suffers from a defect
that can't be treated and that will cause great suffering to the
child
 
 Here, the opinion of at least two competent medical
specialists is required. (see English Common Law, above)

 Other scholars disagree and hold that abortion is not

permitted in such cases.
Abortion for the sake of the baby
 Abortion would be allowed If the foetus is“…grossly
malformed with untreatable severe condition proved by
medical investigations and decided upon by a committee
formed by competent trustworthy physicians, and provided
that abortion is requested by the parents and the foetus is less
than 120 days computed from moment of conception.
  Resolution (Fatwa) of the Islamic jurisprudence Council of Makkah Al Mukaramah (the
Islamic World League) at its 12th planary session held in February 1990.

 NB: We have not been able to obtain an English language copy

of this fatwa to corroborate the quote.
 Rape, incest and adultery
 Some scholars state that abortion in the case of a rape or incest is permissible in the first 120 days of the pregnancy.
 

 Others say abortion for such reasons is never permitted;

“… the value of life is the same whether this embryo is the result of fornication with relatives or non-relatives, or valid marriage. In Sharia
life has the same value in all cases.” (ref : An-Nur, 33)
Sheikh M. A. Al-Salami, Third Symposium on Medical Jurisprudence

 It is reported that Bosnian women raped by the Serbian army were issued a fatwa allowing them to abort, but were
urged to complete the abortion before the 120 day mark.

 A similar fatwa was issued in Algeria, demonstrating that the Sharei’ah has the flexibility and compassion in
appropriate circumstances.

  

 A forum that issued some particularly noteworthy declarations was the Aceh Declarations. (The International
Congress of Muslims on Family Planning, Aceh, Indonesia in 1990)

 As part of this program, they also recognized the importance of the empowerment of Muslim women, their informed
participation in decision-making processes, and the need for improving maternal care and childcare facilities.
Conclusions
 In Islam the individual believer retains the right to make personal
decisions on the basis of being a moral agent (khalifah); being fully
responsible for its credits and repercussions.

 These decisions must be informed and guided by the Primary

Sources (Qur’an and Sunnah) and the Islamic principles of justice,
human well being, mercy and compassion where freedom is
always accompanied by moral and spiritual responsibilities.

 Allaah is the Maker, Giver and Taker of life; none may be taken
except in accordance with His Laws – to Him shall all return, and
to Him are all accountable.

Refrences
http://www.medicalvideos.us/videos-549-Fetal-Development
 http://www.abortioninstruments.com/
 http://www.priestsforlife.org/images/index.aspx
 http://www.abortionfacts.com/literature/literature_9312ha.asp
 http://8e.devbio.com/article.php?id=162
 http://zawaj.com/articles/abortion_permitted_when.html
 http://www.angelfire.com/ak5/thanvislam1400/islamic_ruling_on_abortion.htm
 Ali, Abdullah Yusuf, Translation of The Meaning of The Holy Qur’an;
 The Six books of Authentic Tradition
 Bonner, G. 1985. Abortion and Early Christian Thought. In: Channer, J.H. (ed.)... and the Sanctity of Human Life. The Paternoster Press, Exeter, pp 93-122.
 Buss, M. 1967. The Beginning of Human Life as an Ethical Problem. Journal of Religion 47: 244-255.
 Coughlan, Michael J. 1989. Essay review: When Did I Begin? Conception of the Human Individual in History, Philosophy and Science, by Norman M. Ford. Bioethics: Volume 3, Number 4, pp. 334-341.
 DeMarco, D. 1984. The Roman Catholic Church and Abortion: A Historical Perspective—Part Homoiletic Press & Pastorial Review July 1984: 59-66.
 Gelfand, Scott D. Marquis: A defense of abortion? Bioethics: Volume 15, number 2, 2001. pp. 135-145.
 Grobstein, C. 1988. Science and the Unborn: Choosing Human Futures. Basic Books, New York.
 Holland, Alan. 1990. A fortnight of my life is missing: A discussion of the status of the human 'pre-embryo'. Journal of Applied Philosopohy 7(1) pp. 25-37.
 Jakobovits, I. 1973. Jewish Views on Abortion. In Walbert, D. and Butler, J. (eds.) Abortion, Society, and the Law. The Press of Case Western Reserve University, Cleveland and London, pp. 103-121.
 Kuhse, Helga. 1988. A report from Australia: When a human life has not yet begun—according to the law. Bioethics: Volume 2, Number 4, 1988. pp. 334-342.
 McCormick, R. 1991. Who or what is a pre-embryo? Kennedy Inst. Bioethics J. 1: 1-15.
 Morowitz, H. J. and Trefil, J. S. 1992. The Facts of Life: Science and the Abortion Controversy. Oxford University Press, New York.
 Shannon, Thomas A. and Wolter, Allan B. 1990. Reflections on the Moral Status of the Pre-Embryo. Theological Studies. Volume 51.
 Tooley, M. 1999. Abortion and Infanticide. In Kuhse, H. and Singer, P. (eds.) Bioethics: an Anthology. Blackwell Publishers, Oxford.
 Tribe, L. 1990. Abortion: The Clash of the Absolutes. W.W. Norton and Company, New York.