Rape & Abortion

 

Nasihah (Advice): Abortion are from the signs of Qiyamah

Umayr ibn Ishaq reported: Sayyiduna Abu Hurayrah radiyallahu anhu said in regards to signs before the Hour, “A woman will be taken and her stomach ripped open, then what is in her womb will be removed and discarded for fear of giving birth.” [Muṣannaf Ibn Abi Shaybah]

______________________________

 

Question and Answer:

 

  1. A woman was raped and fell pregnant. Is it permissible for her to abort the child?

 

(Question published as received)

 

  1. In general, the abortion of a foetus is not permissible in Shariah except in certain exceptional cases provided that the soul has not yet been infused in the foetus. This period has been determined as 4 Months (120 days).

 

If a woman has been raped and falls pregnant, it will be permissible for her to abort the foetus. This is one of the exceptional cases in which the abortion of the foetus is permitted provided that the foetus is aborted before 4 Months. (Shaami 6/374 – Fataawa Raheemiyyah 10/190/191)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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