Islam
has not given any specific directions regarding
the issue of abortion. It is therefore not a
matter which has been clearly stated in the Shari`ah
(Islamic law) but rather an issue pertaining
to the application of our knowledge of the Shari`ah.
Such application may vary in outcome with a variation
in the basic premises of our arguments. For example,
if we believe that a human being has taken form
as soon as a woman conceives a child, we cannot
then allow abortion on any grounds other than
those which enjoy unquestioned moral and legal
acceptance, as in such a case, abortion would
be nothing less than taking a sacred human life
- a life absolutely clear of any sin or crime.
Obviously, no person in his right state of mind
can allow taking a life without adequate moral
and legal justification. In such a case, I think
we will allow such a grave act, only to save
the mother's life. That is, we shall allow abortion
only if allowing the child to live endangers
the life of the mother. This seems to be the
basic reason why most (if not all) of the Muslim
Jurists disallow abortion.
On the other hand, if we believe that at the
time of conception, it is not a human being but
only 'something' with a potential of human life
- like the human sperm or ovum, even when taken
independent of each other - that would cease
to exist if abortion is carried out, we might
have an altogether different view regarding this
act. We would then try to determine the particular
stage of development of the fetus at which it
becomes a complete human being and not just 'something'
which has a potential of human life, and then,
in certain cases, allow abortion before this
particular stage and be more strict about disallowing
abortion if it is to be carried out after this
particular stage.
Thus, the basic decision which, in turn, shall
provide us the grounds to allow or disallow abortion
is whether it is a human being that exists in
its mother's womb, immediately after conception
or is it only 'something' which has a potential
of becoming a human being at some later stage.
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In my opinion, it is not a human being that
exists in a mother's womb immediately after conception,
but 'something' which has a potential of becoming
a complete human being at some later stage. The
Qur'an says:
We created man from an essence of clay: then
placed him, a living germ, in a secure enclosure.
The germ We made a leech; and the leech a lump
of flesh; and this We fashioned into bones, then
clothed the bones with flesh; then We develop
it into another creation. (Al-Mu'minoon 23: 12
- 14)
It seems from the above
verse that initially it is only the vessel
or the body that is developed.
It is only at a later stage that this vessel
or body is given the qualities of a human being.
The words: "then We develop it into another
creation" seem to imply a significant change
in the development of the fetus at this particular
stage. It seems that it is at this stage that
the body is transformed into a complete human
being. The process of the development of the
first human being has been elaborated in the
following verse:
He who has made everything which He has created
most good. He began the creation of man with
[nothing more than] clay, and made his progeny
from a quintessence of the nature of a fluid
despised. Then He fashioned him in due proportion
and breathed into him something of His Ruh. And
(with this) He gave you (the faculties of) hearing
and sight and understanding. (Al-Sajadah 32:
7 - 9)
It once again seems
from the above verse that it was at a later
stage in the development of
a human being that the vessel or the body received
its part of the Divine 'Ruh' and subsequently
the human faculties of hearing, sight and understanding
were developed. In my opinion, in the light of
the aforementioned verses, it is not from the
beginning but at a particular stage in the development
of the fetus that the "body" is transformed
into a human being. My opinion is also substantiated
by the another verse of the Qur'an where God
orders the angels to prostrate in front of Adam.
It is only after God breathes of His 'Ruh' into
Adam that the angels are ordained to carry out
the prostration. The Qur'an says:
Your Lord said to the angels: I am creating
man from clay. When I have fashioned him and
breathed of my Ruh into him, kneel down and prostrate
yourselves before him. (Saad 38: 72)
Thus, it seems that it is only after the fetus
receives its 'Ruh' that it becomes a complete
human being. Obviously, we cannot ascertain,
on scientific and observable basis, the exact
time at which the fetus receives its part of
the Divine 'Ruh', as it is not a physical phenomenon.
However, the Qur'an also tells us that at the
time the fetus receives its part of the Divine
'Ruh', its faculties of sight, hearing and understanding
are also developed. I suppose that modern medical
and embryonic scientists can ascertain the particular
time when these faculties are developed in the
fetus. If this can be achieved, it would then
become possible for us to say that a complete
'human being' can be said to exist in its mother's
womb at this particular time and not before it.
Thus, if the process of the development of a
human being is to be aborted, it should be aborted
before this time.
The Prophet (pbuh) is reported to have said
that the various stages in the development of
the fetus till the time it receives the Divine
'Ruh' takes one hundred and twenty days[1]. If
this narrative is correctly ascribed to the Prophet
(pbuh) and the narrators have correctly reported
the saying of the Prophet (pbuh), then we can
say that it is upto this time, after the initial
conception, that only the vessel or the body
is developed in the mother's womb and not a complete
'human being'. Thus, if there are any moral,
ethical, social or medical justifications for
aborting the process of the formation of a human
being, it should be carried out before this time.
After this time, in my opinion, abortion should
be allowed on the basis only of extremely pressing
medical grounds.
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