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Abortion due to rape

Answered according to Hanafi Fiqh by DarulIftaBirmingham
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Answered by Molana Akbarul Hoque


Question:


I have an urgent question that requires answering at your earliest convenience. If a woman conceives a baby as the result of being raped, firstly is the baby considered haram and secondly would it be permissible for her to continue with pregnancy or does she need to have an abortion in islam?


Answer:


Bismillah


According to Shariah the soul enters after 120 days (approximately 4 months) from the day a woman conceived.


It is narrated by SayyidunaIbn-Masud raḥimahullāh (may Allāh have mercy upon him) that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) has said: “the seed of one of you remains in the womb of the mother for forty days in the form of a nutfah (sperm). Then it remains like a clot for another forty days and then for a same number of days like a lump of flesh.” (SahihBukhari)


AllamahIbn Abideen Shami raḥimahullāh (may Allāh have mercy upon him) has said that the soul enters the foetus at 120 days. (RaddulMuhtar P.336 V.4)


For a woman to have an abortion after 120 days is strictly prohibited in Islam even if the child will be born with a disability or any disease etc.


As for a woman to have an abortion before 120 days it is also impermissible. In extreme circumstances it is permitted to have an abortion such as if the mother’s life or health is in danger or if the woman has become pregnant as a result of rape etc.


With regards to your question if it is prior to 120 days then it will be permissible for the woman to have an abortion if it is a result of rape as mentioned above.


Only Allah Knows Best


Written by Molana Akbarul Hoque


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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