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Is it permissible to abort 15 days pregnancy due to extremely un-happy marriage relation?…

Answered according to Hanafi Fiqh by Askimam.org

I am not living happily with my wife, most of the time we fight; many times it happened that we decided to separate.  It also happened that she stayed with her parents for one year due our bad relation. It is also mine as well as my wife view that in near future we will be separated. Now question is that my wife gets pregnant for last 15 days.

She want to abort his pregnancy immediately, the reason she is saying that is our future separation only and her fear that our will be ended very soon, and our child and she will be in tough conditions. We already have one baby girl.

Please immediately answer that; is it permissible to abort 15 days pregnancy due to extremely un-happy marriage relation?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

The abortion of a fetus is not permissible in Shari’ah. The person inducing the abortion and the parents permitting it will be sinful. However, there are certain circumstances where Shari’ah has permitted the abortion of a fetus in which a soul has yet not been infused (a soul is usually infused in the fetus when it reaches 4 months), due to certain reasons and excuses. For example, if a woman has been raped and falls pregnant, it will be permissible for her to abort the fetus before a soul has been induced in it. An unhappy marriage relationship will not be regarded as a valid reason for the permissibility of abortion of a fetus.

 

ويكره أن تسقى لإسقاط حمله – وجاز لعذر حيث لا يتصور

ومن قال لا تأثم وأطلق قوله – يريد كإثم القتل أو حين يقدروا

(Tafseelu ‘Aqd al-Faraid bi Takmeeli Qaid al-Sharaid (Sharhu Manzhoomah Ibn Wahban) Vol.2 Pg.170 – Al-Waqf Al-Madani Al-Khairi Deoband)

(Imdad al-Fatawa Vol.4 Pg.202 – Maktabah Darul ‘Uloom Karachi)

(Fatawa Mahmoodiyah Vol.18 Pg.321 – Jami’ah Farooqiyah)

(Fatawa Raheemiyah Vol.10 Pg.190 – Dar al-‘Isha’at)

 

Furthermore, although talaq is permissible in Shari’ah, it is highly detested and discouraged. It has been mentioned in the Narrations of the Hoy Prophet (Sallallahu ‘Alaihi Wasallam):

 

ما أحل الله شيئا أبغض إليه من الطلاق (رواه أبو داؤد)

From amongst the actions that Allah Ta’ala has made permissible, talaq is most detested by Allah Ta’ala.

(Sunan Abi Dawood Vol.1 Pg.296 – H.M. Sa’eed Company)

 

Therefore, you should resolve the issues leading to separation and try your best to save the marriage. You could also consult certain elders in your family or reliable ‘Ulama in your area to overcome the differences between the two of you.

 

Moreover, the fact that your wife is pregnant could be used as an excuse for reconciliation. You could keep the marriage in tact and overlook other issues for the sake of your daughter and the child that is yet to be born. Your wife being pregnant at the moment is a sign that you still have some affection for one another and are in need of one another. You should not worry about the nourishment and the upbringing of the baby as Allah Ta’ala is the Sole Provider and Sustainer. Allah Ta’ala mentions in the Holy Quran:

 

وما من دابة في الأرض إلا على الله رزقها ويعلم مستقرها ومستودعها كل في كتاب مبين

There is no creature on earth whose sustenance is not undertaken by Allah Ta’ala. He knows its permanent and its temporary place. Everything is in a clear book. (Verse: 11:6)

And Allah knows best

Wassalam

Ml. Abu Yahya,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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