Allah Ta ala says in the Quran: Life is from a decree of my Lord. (Sura 12
verse 85) the above verse is self explanatory on the sanctity and
significance of life. Generally every decree is from Allah Taala but the
honour of attribution increases its sanctity and demands its highest level
of reference. This command is mentioned in many verses of the Quran: Allah
Ta ala says: “Whosoever has spared the life of a soul, it is as though he
has spared the life of all people. Whosoever has killed a soul, it is as
though he has murdered all of mankind.” (sura 5 verse 32) The fact that
every one soul is equivalent to all of mankind clearly indicates the value
of every life.
The above should suffice to express the sanctity of the Rooh (life). It is
not permissible under any circumstances to destroy a rooh. The jurists have
mentioned the life enters the foetus upon 120 days. From then onwards the
foetus is a living human being.
Under no circumstances will it be permissible to abort the child. Allah
Taala in his infinite knowledge knows the circumstances, inspite of Him
Being Most Merciful, He has endowed the foetus with life. Can our deficient
mercy to abort the child be compared to Allah Ta ala s Infinite Mercy to
sustain the child. The heights of His Infinite Wisdom cannot be reached or
comprehended. The importance of the biggest problem in the circumstances
cannot be equivalent to the importance of the Rooh (life). It is too dear to
be discarded. Before 120 days too, it is not permissible to abort the child.
However, it may be permissible to abort before 120 days in the following
instances:
1) Rape
2) Incest
3) Sexual interference with the mentally retarded
4) Foetal deformity for eg. anencephacy (no brain)
5) Foetal deformity for eg. congenital rubella health.
And Allah Taãla Knows Best.
Was salaam
Mufti Ebrahim Desai
FATWA DEPT.