Praise be to Allah.
It is prohibited to abort the foetus after the soul has been breathed into it, according to the consensus of the scholars (may Allah have mercy on them). For more information, please see the answer to question no. 13319.
Aborting a foetus after the soul has been breathed into it comes under the same heading as infanticide, which is mentioned in the verse in which Allah, may He be exalted, says (interpretation of the meaning):
“And when the female (infant) buried alive (as the pagan Arabs used to do) shall be questioned
For what sin she was killed?” [at-Takweer 81:8-9].
The Messenger (blessings and peace of Allah be upon him) called ‘azl (coitus interruptus) a secret burying alive of infants. See the answer to question no. 12529.
If the Prophet (blessings and peace of Allah be upon him) described coitus interruptus and depositing the sperm outside of the womb a secret burying alive of infants, then what if the sperm has settled in the womb and a human has been created from it and the soul has been breathed into him? Undoubtedly it is more appropriate and obvious that this should be included under the heading of the burying alive of infants.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said in Majmoo‘ al-Fataawa (34/160):
Aborting a pregnancy is prohibited according to Muslim consensus, and it comes under the heading of burying alive of infants, concerning which Allah, may He be exalted, says (interpretation of the meaning):
“And when the female (infant) buried alive (as the pagan Arabs used to do) shall be questioned
For what sin she was killed?” [at-Takweer 81:8-9],
And He said (interpretation of the meaning):
“And kill not your children for fear of poverty” [al-Isra’ 17:31].
End quote.
After the soul has been breathed into it, the fetus is regarded as a human being, and if it is miscarried or deliberately aborted, it must be washed, shrouded, and the funeral prayer must be offered for it; it must be given a name and the ‘aqeeqah offered for it; and it will be resurrected on the Day of Resurrection.
Shaykh Ibn Baaz (may Allah have mercy on him) said:
It is only called a child after four months, after the soul is breathed into it, and (in the event of miscarriage or abortion), it must be washed and the funeral prayer offered for it; it is considered to be a child, and we hope that he will intercede for his parents. However before that, it is not a human being, and it is not regarded as a deceased person or a child, and it is not to be washed or the funeral prayer offered for it, even if there are some discernible human features in the lump of flesh.
End quote from Fataawa Noor ‘ala ad-Darb by Ibn Baaz (13/482)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
If the aborted foetus died before four months of pregnancy, it is not a human being; rather it is a piece of flesh that may be buried in any place. It is not to be washed or shrouded, the funeral prayer is not to be offered for it, and it will not be resurrected on the Day of Resurrection.
But after four months, the soul has been breathed into it and it has become human, so if it is aborted or miscarried, he is to be washed and shrouded, the funeral prayer is to be offered for him, he is to be given a name and the ‘aqeeqah is to be offered on his behalf.
End quote from Majmoo‘ Fataawa Ibn ‘Uthaymeen (25/225).
And Allah knows best.
Comment