veiled4allah: abortion in Islamic law

Jonathan Edelstein asked me to discuss how Islamic law treats the issue of abortion.

According to the teaching of the Prophet Muhammad (sAas), the soul is placed in the fetus after 120 days. This is his explanation of the meaning of several passages in the Quran (particularly Surah al-Muminun verses 12-14 and Surah as-Sajda verses 7-9) that discuss the stages of development of the fetus. Thus, under Islamic law, the fetus is considered a human being after the end of the fourth month. From this, it is clear that abortion after the fourth month can only be allowed in Islamic law if it is the lesser of two evils, that is, if the mother's own life is at risk.

There is a difference of opinion among the scholars about whether abortion is permitted during the first four months of pregnancy, and for what reasons. I have not seen any scholars who consider it better than detestable (makruh), that is, better to avoid but not punishable if done. The majority of scholars hold that as a general rule it is forbidden but there may be specific exemptions or concessions under the law; they also differ on how extensive those exemptions are.

For comparison, you can read the opinions of modernist Pakistani scholar Moiz Amjad, who considers it detestable, and of conservative Saudi scholar Shaykh Muhammad al-Munajjid. Munajjid holds that during the first 40 days, abortion is permissible "if it serves a legitimate shari'i interest or wards off harm". The exemptions are more limited between 40 and 120 days: if the fetus is deformed, if the woman was raped, or if continuing the pregnancy would damage the health of the mother. See also here for a general summary of this issue. Overall, we can say that abortion is permissible in limited circumstances during the first four months, but the restrictions become greater as the fetus develops and comes closer to ensoulment.

Now I'd like to discuss a few other issues, my opinions rather than questions of law. One of the main arguments of pro-choice activists is that if the fetus is not considered a human being yet, it's an issue of a woman's right to do with her body what she chooses. A religious Muslim can't think about it this way. Our bodies have been given to us by God as a trust and we will be called to account for what we've done with them.

Another issue that I think is important is that whether or not the fetus is a human being yet, it is still a living being. Islamic law is pretty strict about taking even animal life. It has to serve some benefit (legitimate shari'i interest), such as providing food, it must be done in as swift and merciful a manner as possible, and God's name must be spoken over the action, to remind us by Whose leave we take the life. As before, we have been given dominion over the living things of the earth as a trust, and God will call us to account for what we did with this responsibility. If we're this careful even about killing animals, how much more careful should we be when it comes to a living being who will become human?

Added 3/12: Shaykh Munajjid affirms his position again in a fatwa released today.