Abortion is prohibited in Islam from the moment the egg is fertilized and attaches to the uterine wall, marking the beginning of the embryo's journey of life. In this stage, abortion is not permissible, out of respect for life from its inception. Life, in this context, refers to life under normal circumstances within the mother's body.
However, there are two instances regarding abortion that have been the subject of jurisprudential debate:
1. When the pregnancy poses a significant threat to the woman's health:
This goes beyond the usual discomfort associated with pregnancy. It refers to exceptional harm or extreme hardship that the mother cannot bear. In this scenario, some scholars, including our teacher Grand Ayatollah Abu al-Qassim al-Khoei, permits abortion. We concur with this opinion based on the Quranic principle, "He has not placed upon you in the religion any difficulty" Surah Al-Hajj (22:78). Continuing the pregnancy would cause undue hardship and strain on the woman's body. Allah does not impose hardship or distress in His rulings. Therefore, aborting the fetus is permissible in such cases. However, it must still be within the stage of "before the blowing of the soul," meaning before the embryo acquires its humanity. This is because severe harm does not justify abortion after the soul is blown.
2. When the pregnancy becomes a life-threatening danger to the mother:
In this situation, some scholars, including Grand Ayatollah al-Khoei, permit the mother to defend herself, even if it means aborting the fetus. We agree with this stance because it is not considered premeditated murder but rather an act of self-defense. It can be likened to the following scenario: If you are asleep, and an unconscious person falls on top of you, posing a threat to your life, and you can only save yourself by pushing them away, potentially causing them death, then it is permissible to do so in self-defense.
Some scholars prefer to await Allah's decree in this matter and refrain from issuing an opinion.
Congenital Defects and Abortion:
Many individuals face the dilemma of congenital disabilities in the fetus. In general, the Islamic perspective prohibits abortion in such cases. Otherwise, we would be permitted to kill those with disabilities. Why then do we establish hospitals and rehabilitation centers for the disabled if the principle is the same? If it is permissible to kill a disabled fetus, why is it not permissible to kill a disabled person? Both pose challenges in the eyes of society. Moreover, we should consider the possibility of medical advancements that could contribute to treating these defects in one way or another.
Abortion in cases of unlawful or secret marriages:
If a woman becomes pregnant through illicit means or through a secret marriage (mut'ah or otherwise), and she believes the pregnancy poses a significant hardship or danger to her in her community, then abortion may be permissible in her case. This is contingent on the pregnancy not having reached the stage of "the blowing of the soul." At this stage, it is not permissible except in cases of a genuine threat to life.
The Father's relation with the issue of abortion:
The father has nothing to do with this issue whether that causes him harm or not. Hence, the issue of pregnancy is related only to the woman and not to the man, and the woman is the one who might be in danger. Therefore, the process of permissibility and prohibition is related to the woman only.
The fetus's deformity does not justify abortion:
Many people may suffer from the problem of the fetus's deformity. In Islam, it is generally prohibited to abort the deformed fetus; otherwise, it would be permissible for us to kill deformed persons. If we are going to kill deformed people or fetuses, why do we then establish hospitals and sanatoriums for deformed people? Moreover, if it is permissible to kill the deformed fetus, why is it prohibited to kill him when he is growing up? Both the deformed fetus and the deformed person represent a problem in people's views. Then, why do not we consider that medicine may become more advanced and help in a way or another in treating this deformity.
Moreover, undergoing abortion because the woman was exposed to radioactive material and that the fetus may have been deformed is impermissible. That is because “abortion is permissible only if the pregnant woman is in danger and not if the fetus is deformed.”
Regarding the opinion that says medicine can make a precise diagnosis that can discover deformed fetuses who would not live, such as discovering some fetuses who do not have skulls, we consider that "this issue may be related to the moral aspect that has to do with life. Is the baby's life considered an ordinary issue that is subjected to material elements? This means that a baby will be born, and I do not want him to make me tired, so I kill him?! Moreover, I believe that some cases are not impossible to be treated because medicine has made progress in these domains. Therefore, why do we not give him a chance to live? And as we said, if we suppose that the issue is that the deformed child will make us tired, then why do we support and provide for the elderly and handicapped and the like? And why do those who suffer from incurable diseases live and feel pain? This issue is a matter of principle."
On the other hand, there is no extraordinary one hundred percent diagnosis because there might be an error in the machine, and the diagnosis might be wrong. Therefore, we cannot give a decisive ruling for killing every fetus that is diagnosed as deformed. Besides, some persons might be wrongly diagnosed as deformed, and then we discover that the diagnosis was wrong. I had a personal experience in this respect; my wife was pregnant and sick, and doctors said that the baby would absolutely be deformed, but in the end he was one of my most beautiful children. Consequently, general laws cannot be comprehensive.
* From the perspective of the Religious Authority, Sayyed Muhammad Hussein Fadlullah (ra)
Abortion is prohibited in Islam from the moment the egg is fertilized and attaches to the uterine wall, marking the beginning of the embryo's journey of life. In this stage, abortion is not permissible, out of respect for life from its inception. Life, in this context, refers to life under normal circumstances within the mother's body.
However, there are two instances regarding abortion that have been the subject of jurisprudential debate:
1. When the pregnancy poses a significant threat to the woman's health:
This goes beyond the usual discomfort associated with pregnancy. It refers to exceptional harm or extreme hardship that the mother cannot bear. In this scenario, some scholars, including our teacher Grand Ayatollah Abu al-Qassim al-Khoei, permits abortion. We concur with this opinion based on the Quranic principle, "He has not placed upon you in the religion any difficulty" Surah Al-Hajj (22:78). Continuing the pregnancy would cause undue hardship and strain on the woman's body. Allah does not impose hardship or distress in His rulings. Therefore, aborting the fetus is permissible in such cases. However, it must still be within the stage of "before the blowing of the soul," meaning before the embryo acquires its humanity. This is because severe harm does not justify abortion after the soul is blown.
2. When the pregnancy becomes a life-threatening danger to the mother:
In this situation, some scholars, including Grand Ayatollah al-Khoei, permit the mother to defend herself, even if it means aborting the fetus. We agree with this stance because it is not considered premeditated murder but rather an act of self-defense. It can be likened to the following scenario: If you are asleep, and an unconscious person falls on top of you, posing a threat to your life, and you can only save yourself by pushing them away, potentially causing them death, then it is permissible to do so in self-defense.
Some scholars prefer to await Allah's decree in this matter and refrain from issuing an opinion.
Congenital Defects and Abortion:
Many individuals face the dilemma of congenital disabilities in the fetus. In general, the Islamic perspective prohibits abortion in such cases. Otherwise, we would be permitted to kill those with disabilities. Why then do we establish hospitals and rehabilitation centers for the disabled if the principle is the same? If it is permissible to kill a disabled fetus, why is it not permissible to kill a disabled person? Both pose challenges in the eyes of society. Moreover, we should consider the possibility of medical advancements that could contribute to treating these defects in one way or another.
Abortion in cases of unlawful or secret marriages:
If a woman becomes pregnant through illicit means or through a secret marriage (mut'ah or otherwise), and she believes the pregnancy poses a significant hardship or danger to her in her community, then abortion may be permissible in her case. This is contingent on the pregnancy not having reached the stage of "the blowing of the soul." At this stage, it is not permissible except in cases of a genuine threat to life.
The Father's relation with the issue of abortion:
The father has nothing to do with this issue whether that causes him harm or not. Hence, the issue of pregnancy is related only to the woman and not to the man, and the woman is the one who might be in danger. Therefore, the process of permissibility and prohibition is related to the woman only.
The fetus's deformity does not justify abortion:
Many people may suffer from the problem of the fetus's deformity. In Islam, it is generally prohibited to abort the deformed fetus; otherwise, it would be permissible for us to kill deformed persons. If we are going to kill deformed people or fetuses, why do we then establish hospitals and sanatoriums for deformed people? Moreover, if it is permissible to kill the deformed fetus, why is it prohibited to kill him when he is growing up? Both the deformed fetus and the deformed person represent a problem in people's views. Then, why do not we consider that medicine may become more advanced and help in a way or another in treating this deformity.
Moreover, undergoing abortion because the woman was exposed to radioactive material and that the fetus may have been deformed is impermissible. That is because “abortion is permissible only if the pregnant woman is in danger and not if the fetus is deformed.”
Regarding the opinion that says medicine can make a precise diagnosis that can discover deformed fetuses who would not live, such as discovering some fetuses who do not have skulls, we consider that "this issue may be related to the moral aspect that has to do with life. Is the baby's life considered an ordinary issue that is subjected to material elements? This means that a baby will be born, and I do not want him to make me tired, so I kill him?! Moreover, I believe that some cases are not impossible to be treated because medicine has made progress in these domains. Therefore, why do we not give him a chance to live? And as we said, if we suppose that the issue is that the deformed child will make us tired, then why do we support and provide for the elderly and handicapped and the like? And why do those who suffer from incurable diseases live and feel pain? This issue is a matter of principle."
On the other hand, there is no extraordinary one hundred percent diagnosis because there might be an error in the machine, and the diagnosis might be wrong. Therefore, we cannot give a decisive ruling for killing every fetus that is diagnosed as deformed. Besides, some persons might be wrongly diagnosed as deformed, and then we discover that the diagnosis was wrong. I had a personal experience in this respect; my wife was pregnant and sick, and doctors said that the baby would absolutely be deformed, but in the end he was one of my most beautiful children. Consequently, general laws cannot be comprehensive.
* From the perspective of the Religious Authority, Sayyed Muhammad Hussein Fadlullah (ra)