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Part I
From the perspective of the Religious
Authority, Sayyed Muhammad Hussein Fadlullah:
Abortion is prohibited in Islam starting from the stage in which the
ovum is fertilized and becomes stuck to the wall of the womb, since at
this stage the life of the fetus starts. Thus, abortion is prohibited
because life should be respected from its very beginning. We mean by life
here, the life in its normal circumstances that are found in the mother's
body.
A Jurisprudential debate about abortion:
There are two jurisprudential views
regarding abortion:
Firstly: "If pregnancy would cause the
woman a severe and abnormal danger, rather than the normal dangers that
are due to pregnancy, or if pregnancy would cause her a serious
difficulty that she could not tolerate, in this case, some religious
jurists, including our teacher, Sayyed Abu al-Kasim El-Khoei, permit
abortion on the basis of the Quranic rule:
"and has imposed no
difficulties on you in religion" (22:78).
We agree with him on this ruling because
continuing the pregnancy would cause a real danger and a serious damage
to the woman's body, while, Allah did not impose on man any harmful or
difficult ruling.
Secondly: "If the pregnancy puts the
mother's life in a real danger, in this case, some religious jurists such
as Sayyed El-Khouei permit the woman to protect herself even through
undergoing abortion and we agree with him because the problem here is not
a matter of a primary killing, rather it is a matter of protecting
oneself. Some describe this case by saying that it is like when you are
sleeping and an imprudent person throws himself on you with all his
weight, and thus he constitutes a danger on your life in which you can
not save yourself except by pushing him away in a way that he may die. In
this case, it is permissible for you to do so in order to defend
yourself". On the other hand "Some religious jurists say that they are
waiting till Allah rules on this issue and they do not give any opinion
regarding it".
But, if both, the mother and her fetus
are in danger, in this case, the mother has the right to protect herself
by undergoing abortion and no one else has the right to do so, whether
the doctor, the child's guardian or the religious scholar, except if the
latter permits so in a ruling. It is also permissible for the doctor to
abort her if her life would be saved from the absolute danger and there
should not be any precautionary ruling on this matter.
But, if the woman who became pregnant as
a result of committing adultery or by a secret marriage (Mutaa or another
kind of marriages), sees that the pregnancy puts her in a difficulty and
danger from the society she lives in, in this case, it is permissible for
her to abort herself. Thus, if continuing the pregnancy puts her life in
a danger, or brings her a big shame that is usually unbearable, abortion
is permissible but on condition that the fetus should not be in a stage
in which he is considered to be given the spirit, unless if the woman's
life is in an absolute danger.
Besides, it is impermissible to abort the
child who is born as a result of adultery, just because he is an
illegitimate child and there is no justification for that, except in one
case, that is if the mother is afraid on her life, such as if her parents
might kill her.
In some cases, it is permissible for the
woman to undergo abortion. Hence, if we consider that she was raped,
abortion is prohibited if that causes her only a bad feeling. But, if
that may also cause a social disgrace that is usually unbearable due to
the social circumstances; in this case, abortion is permissible on
condition that the fetus is not considered to be given the spirit. In
other cases, a woman may be raped or deceived and thus she became
pregnant and would be killed, in this case, it is permissible for her to
undergo abortion to save her life.
The Father's relation with the issue of abortion:
The father has nothing to do with this issue whether that causes him
damage or not. Hence, the issue of pregnancy is related only to the woman
and not to the man, and the woman is the one who might be in danger.
Therefore, the process of permissibility and prohibition is related to
the woman only.
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