Abortion in Islam: Shariah Rulings on this Controversial Topic (original) (raw)
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Abortion Discourse in the Perspective of Islamic Jurisprudence Scholars
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Islam upholds related to maintaining the soul or self, this is following the purpose of Islamic law namely hifdzu an-Nafs or self-care. Regarding abortion, some scholars allow and others prohibit abortion. The discourse is abortion aborts the child before the perfect creation or before the perfect period of pregnancy. The study aims to analyze how abortion discourse is in the view of fiqh scholars. This study uses qualitative research with a normative approach. Research data sources use fiqh books, journal articles, and books. The data is collected by documentation techniques. Furthermore, the data is analyzed using integrative descriptive analysis. The results concluded that all scholars agreed that abortions performed at the gestational age of more than four months were haram. While abortions are performed when the gestational age is more than forty days and less than forty days the scholars differ as will be shown in this article.
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Il Diritto Ecclesiastico, 2023
Reactions to the U.S. Supreme Court’s decision overturning Roe v Wade have highlighted the bitter divide between American pro-life and pro-choice groups. In this comment, I provide a Muslim perspective on abortion. Based on an examination of scriptural sources, and pre-modern and contemporary Islamic legal positions, I demonstrate that Muslim views on abortion span a wide spectrum. Further, I argue that although Islamic legal positions on abortion do not require enshrining abortion as a constitutional right, they suggest the undesirability of legislation criminalizing abortion. Scriptural sources do not directly address abortion. Pre-modern Muslim jurists hold differing positions on abortion that range from permissibility in the first 40-120 days following conception to dislike to impermissibility. Contemporary jurists have further expanded the range of legal positions. There is no need for the state to enforce adherence to a single juristic position through legislation. Non-legal considerations, such as racial disparities, further reinforce the desirability of leaving decisions regarding abortion to individuals rather than the state.
2009
Undeniably, the issue of abortion is an interesting issue which has been discussed and debated by Muslim scholars as well as western writers. It has been discussed in various books, fiqh seminars and many short detailed works have been compiled on the subject. It must be remarked here that issue of abortion which generally haram (forbidden) in Islamic point of view is possible to us to find express rulings concerning it in the classical work. As such, inference could be made on it. However, it is important to note there are certain exceptions from the general ruling which requires the scholars and jurist would be given and laid down their opinion based on the general and broad guidelines of sharia'h. It has been noted that while Islam permits preventing pregnancy for valid reason, it does not allow doing violence to it once it occurs.