Answered by Imam Afroz Ali
Question: Assalaamu Alaikum,
I work as a social worker. Lately, I have been questioning some of my job duties.
One of the organizations that I work for is a pro-choice women’s centered agency. If a my client would like to have an abortion, under the mandate that I am guided by, I can not tell her that she can not do it. I am also required to provide her with the appropriate resources if she chooses to go through with it. Should I continue providing my support or should I stay away from it?
What is the ruling of getting an abortion? Also, if a woman is raped and gets pregnant, would the woman have to keep the child in that situation?
Answer: Praise Be to Allah, Lord of the Worlds, The Compassionate, The Merciful. And, may the peace and blessings of Allah descend upon the Prophet Muhammad, his family, his companions, and their followers.
Assalām Alaikum,
May Allah Ta’ala reward you greatly for the kind of work in helping others that you do. This is a much needed service and a Communal Obligation that you are fulfilling, Masha Allah.
Your query is twofold:
i) What kind of advice and support you are permitted to give to a person who may be considering abortion;
ii) Whether abortion is permissible under Islamic Law
Therefore, it will be important to answer them each individually.
1. Advice and Support – Scope & Limitations
Firstly, the issue surrounding the kind of advice and support you are permitted to give to a person who may be considering abortion.
From the outset, abortion is prohibited under Islamic Law, unless specific significant harmful realities exist; this will be explained in the second part of this answer.
The foundation of this issue must be based on the Prophetic Instruction to have sincere concern for every human being (and indeed creation as a whole). Islam instructs us to treat everyone, including anyone who may behave in a manner contrary to Islam’s moral standards, with compassion, dignity and respect where our counsel, support and advice must be constructive, useful and beneficial to not only the person but under the circumstances. In doing so, honesty and wisdom must be applied.
Whilst each specific case will need to be understood for me, or anyone else, to provide detailed and specific recommendations, the general principles that you can practice are as follows (in mentioning these guidelines, I bring your attention to the second part of this answer. The following guidelines are based on normal circumstances where there are no life dangerous realities to consider):
i) It will not be permissible for you to advise or encourage a person to pursue abortion. In other words you may not be the person that initiates or advises the person to in fact pursue abortion. The Qur’an is clear in regards to life and humanity:
“And verily we have honored the children of Adam…” [Qur’an 17:70]
And:
“… whosoever kills a soul being for other than for manslaughter or corruption on the earth, it shall be as if he had killed all mankind, and whosoever saves the life of one, it shall be as if he had saved the life of all mankind.” [Qur’an 5:32]
Encouraging or advising another person to perform abortion is, and preforming abortions, according to the Scholars, similar to burying an infant alive as was practiced in the pre-Islamic era. Allah says in regards to this:
“When the female infant, who was buried alive, is questioned…” [Qur’an [81:8]
ii) Your initiating advice and recommendation should be to counsel the person to take the right course of action, including empowering them to take responsibility. In this regard, I strongly encourage the counseling professions to develop appropriate and counseling and support therapy models that can be effectively used to assist a person who finds themselves in these difficult times.
Many individuals in difficulty feel totally lost, confused, and sometimes helpless and therefore may grasp on to the very first advice they hear that they think is good for their immediate situation. However, with the right and measured advice, many such individuals also realize that the advice you are giving is the right thing to do, and therefore need assistance and support that helps them through the process ahead.
A significant amount of attention must be given to this, and in particular, the obligation on Muslim professionals to develop appropriate models that are conducive to moral and ethical alternatives. Unfortunately, too often, Muslim professionals turn to “Islamic” advice without themselves contributing to technical and specialized development of models and systems which are based on Islamic Principles; I would place a very significant request for this to happen, and I pray that Allah Ta’ala given such openings to those who concern themselves in making effort in this regard.
iii) Only when the person herself has have decided to undertake abortion may you give her the right advice about the accredited and legal services she can rely upon that your office has mandated you to provide to the person. This may include you forwarding the person to someone who can give them appropriate advice about abortion, and refer back to you for further assistance, support and advice.
Do note that, under Islamic Law even this would be prohibited (to aid them to pursue abortion), but under certain circumstances, one can give advice to a person who is not Muslim based on their own law and moral standards which they believe is permissible for them. Numerous examples exist from the time of the Companions (and the Prophetic time itself upon which the Companions derived their understanding to pursue this avenue), may Allah be pleased with them all.
As such, your counsel would include giving to such a person, information that your office mandates which will assist them under the legal system it operates.
iv) Make sure your advice extends to emotional support of the person. This does not mean you cannot speak frankly to the person about the situation they find themselves in. I am not aware of any legal restrictions that exists in doing so, and advise you to take legal advice in this regard as well.
I am well aware that the police, for example, are permitted to give strong but constructive advice to individuals who are breaking social and moral norms, even though such advice might not have any legal basis to be given. As a Muslim, you have a moral responsibility to give frank and fair advice, in a manner that you can effect positive change in a person you are trying to assist.
2. Permissibility of Abortion Under Islamic Law
Abortion is expressly prohibited under Islamic Law, and has a dispensatory allowance to permit it under very specific circumstances. I am providing a brief summary here regarding this issue, which can be divided into two categories:
i) Abortion after the soul enters the fetus
ii) Abortion prior to the entry of the soul into the fetus
It is categorically prohibited to perform abortion after the soul (as defined under Islamic Law, which is 120 days from conception) enters the fetus. This law is only dispensed of, if there exists the reality of danger to the mother’s life, based on clear medical advice that such life-threatening situation exists. Abortion in this stage is equivalent to murder.
Abortion prior to the entry of the soul into the fetus is also prohibited. However, there are two specific differences between this early stage and the later stage of pregnancy described above:
i) It is not treated as murder, but as a lesser crime of violation of a human organ;
ii) It would be permitted in this early stage of pregnancy in extreme cases, for example, when a woman conceives after being raped, the mother’s life or health is in danger, or due to repeated pregnancies the mother’s health and well-being is severely undermined.
For a more detailed answer to the Fiqh related to abortion, you may read this excellent answer by Mufti ibn Adam al-Kawthari:
When is Having an Abortion Prohibited?
I pray to Allah that this explanation provides clarity and is of some benefit, and aids you in your noble career, and there is no success other than from Allah alone.