Encyclopedia of Islam

Further reading: Laleh Bakhtiyar, Encyclopedia of 

Islamic Law: A Compendium of the Major Schools (Chi-

cago: ABC International Group, 1996), 20–61; Marion 

Holmes Katz, Body of Text: The Emergence of the Sunni 

Law of Ritual Purity (Albany: State University of New 

York Press, 2002); Arthur Jeffrey, Reader on Islam (The 

Hague: Mouton & Company, 1962), 464–470.

abortion

Abortion is a human intervention to end a preg-

nancy prior to birth. Although people living 

in many different societies throughout history 

have practiced it, abortion has caused consider-

able reflection and debate about its ethical, legal, 

religious, social, economic, as well as medical 

implications. Decisions about abortion involve 

interrelationships between the woman and her 

fetus, the woman and her mate or husband, and 

the wider society—including religious, legal, and 

medical authorities. At the center of the debate 

are life and 

death

 questions that no individual or 

society takes lightly.

Muslim religious and legal experts have been 

involved in discussions about abortion since the 

11th century, and they have expressed different 

points of view on the subject. They often turn 

to teachings found in the q

Uran

 and 

hadith

 that 

emphasize the sacredness of human life, such as 

those that deal with man’s creation with a soul 

(ruh) from God (Q 15:29, 32:9), the development 

of the fetus (Q 23:12-14), and condemnations of 

murder and the killing of one’s own offspring (Q 

17:33, 6:151, 81:8-9). Most schools of Islamic law 

make a distinction between the first 120 days, 

when abortion is allowed for a valid reason (for 

example, to save the life of the mother or a nurs-

ing child), and the remainder of the pregnancy, 

when it is believed that the fetus has received 

its soul and gains legal status as a person. Abor-

tion thereafter is generally prohibited, unless the 

mother’s health is threatened, since her welfare 

has precedence over that of the fetus. This is espe-

cially true for those who follow the recommenda-

tions of the h

anaFi

  l

egal

  s

chool

. On the other 

hand, most jurists of the m

aliki

  l

egal

  s

chool

believe that ensoulment occurs at the moment of 

conception, and they tend to forbid abortion at 

any point, which puts this school’s position closer 

to that of the Roman Catholic Church. The other 

schools hold intermediate positions. The penalty 

prescribed for an illegal abortion varies according 

to the particular circumstances involved. Accord-

ing to the 

sharia

, it should be limited to a fine 

that is paid to the father or heirs of the fetus. 

According to Islamic 

theology

, there may also be 

punishment in the 

aFterliFe

.

There are no accurate statistics concerning 

actual abortion rates among Muslims. Most Mus-

lim countries, which often have high birth rates, 

fall among the group of developing nations, where 

an estimated 78 percent of the world’s abortions 

are performed. The Muslim countries with the 

most liberal abortion laws for women are i

ran

,

Tunisia, and t

Urkey

. In accordance with the sharia, 

it is allowed in special circumstances in most other 

Muslim countries, especially when the health of 

the mother or a nursing child is involved.

See also  a

dam

 

and

  e

ve

; 

birth

 

control

 

and

Family

 

planning

; 

children

; 

soUl

 

and

 

spirit

.