Tune into this timely replay: Two Muslim American moms’ takes on abortion and government reach

May 5

Shownotes:

Zaiba and Uzma ended up having to have the conversation about abortion, as well as their religious and feminist views on the topic. This is not a scholarly episode, rather a discourse betwen friends on personal, very individualized choices they would or would not make if they were faced with an unplanned pregnancy as Muslim American moms.

To get an Islamic opinion on abortion, please talk to your favorite Islamic scholar. You can refer to our September episodes on female Islamic scholarship available on Apple podcasts, Google podcasts, Stitcher, or Spotify. For more information on abortion in Islam, take a look at the links for resources, but we have a summary of Yaqeen Institute’s information on abortion here:

Summary
- Infanticide/feticide is haram (forbidden). Killing kids for fear of poverty is haram.
- Contraception permitted; modern jurists have said common forms of birth control okay for no other reason than family planning
- Until 40 days post conception both parties agree to abort or mom can decide alone (see Hanafi below) especially in cases of rape, incest, or physical/mental inability to carry baby to term
- Up until 120 days, all scholars agree abortion haram unless pressing need ie mom’s life in danger or physical deformity of fetus
  - Pressing need is case by case, not a blanket one size fits all
- After 120 days abortion only if mother’s life endangered
- At any point intrauterine fetal demise (fetus dies in utero) warrants abortion because no soul present
- Islamic schools of thought
  - Mâlikis: No birth control, no abortion after 40 days unless mom’s life is endangered, physically/mentally incapable
  - Ḥanafi: permitting abortion up until 120 days from conception, with some even allowing it without the husband’s permission
  - Ḥanbalis: permitting abortion up until 40 days, and only up until 120 days when a pressing need is present (such as rape, or an extreme fetal deformity incompatible with life)
  - Consensus: According to Dr. Hatem Al Haj, “Abortion in the first forty days of pregnancy upon the mutual agreement of both parents is permissible for a legitimate cause, such as the woman’s fear of not having the capacity to raise a newborn. Having said that, it is always preferable to avoid that, and if one relies on Allah’s help and puts his/her trust in Him, He will not let them down.”