#207: Ruling on Abortion out of Wedlock

Mon 5 Dhul Hijjah 1443AH

0 1 minute read

QUESTION

ON ABORTING A PREGNANCY GOTTEN OUT OF WEDLOCK

“Salamun alaikum, Afwan Admin I posted a question about the stand of Islam regarding abortion, but what I really wanted to ask is what is the ruling regarding someone that abort a 6-7 weeks pregnancy that was gotten out of wedlock”

* ANSWER:

Alhamdulillaah! When the question regarding abortion was asked, we mentioned that the ulamaa are at a consensus on the impermissibility of abortion after the foetus has began to take shape – and that is 40 days/ 10 weeks according to the Hadith.

And we mentioned that they differed on the ruling of aborting a pregnancy that is not up to that. While some of the Hanafis, some of the Shafi’is and the Hanbalis consider it permissible, the Maalikis wholeheartedly condemn it and consider it impermissible.
We also explained that the verdict of the Maalikis in this regard is the soundest.

Imaam Ad-Dardir – rahimahullaah – said in his Sharh of Mukhtasar Khalil:

“It is not permissible to flush out semen that has already taken its seat in the womb even if that is before 40 days. And when it has been endowed with soul, it becomes Haraam by consensus.” (Ash-Sharhu Al-Kabir 2/266).

Based on that, it doesn’t matter whether or not the pregnancy is from a wedlock or outside wedlock; it is Haraam to abort the pregnancy that you have described. The sins attributed to such an abortion is independent on the sin attributed to the Zina – sexual intercourse outside wedlock – that you have described.

Lastly, we advise whosoever the question relates to that s/he should fear Allaah and not engage in such despicable acts and to remember the Day we shall all stand to explain ourselves before Allah.

Aallahu A’alam!
Baarakallaahu feekum!

📨@IslamNode📤