Rulings on an Intended Abortion in accordance with Islamic law

Abstract

Following a discussion of the various reasons why a fetus may be intentionally aborted, this article seeks to address the following question: What are the Sunni jurists' views on the legality of an intentional abortion of a fetus when the mother's life or health is in danger? The response to the question should be given by dividing the fetus' life span into two phases before and after the soul is breathed in, as well as by dividing Sunni jurists into past and present jurists, as well as according to the four well-known Sunni jurisprudence schools. The fundamental standards on which Sunni jurists have founded their opinions must be met in each of the aforementioned areas. Since determining the standards and foundation of their viewpoint can, at least in part, clarify the outcome of other factors that serve as justification for the purposeful abortion of the unborn. Although they have not said what punishment they want. It appears that all of the jurists of the past agreed that it is unlawful to willfully abort once its soul has been breathed, even if doing so would save the mother's life. The decision to purposefully terminate a baby before the soul is inhaled has been discussed from numerous angles by the four illustrious jurisprudential schools, including the majority of modern Sunni jurists, given that a fetus is a respected object at this stage. As a result, when the life of a being with a soul (such as a mother) and a being without a decent soul are in conflict, the life of the being with a soul is given priority. Because for now, saving the mother's life is the least harm that human civilization endures following the principle (of tolerating the least two harms). Some modern jurists think that it is illegal to have an abortion without a good reason if the fetus is intentionally aborted after the soul has been blown. And other people believe it is acceptable to purposefully abort the fetus without having a valid reason. However, all sides agree that if the mother's life is in danger due to the pregnancy, a purposeful abortion of the unborn will not only be acceptable but also required because this is the most obvious instance of a justifiable rationale.