Question Summary:
1. Is family planning allowed in Islam? if so, what are the conditions?…2. Is Abortion is allowed in Islam? if so, what are conditions?…3. is it allowed in Islam to provide legal safe abortion services?

Question Detail:

Assalam o Alekum,   I am a muslim from Delhi, I have few queries related to family planning and abortion in Islam. I would be grateful to you if you kindly clarify the matter.   1. Is family planning allowed in Islam? if so, what are the conditions? 2. Is Abortion is allowed in Islam? if so, what are conditions? 3. is it allowed in Islam to provide legal safe abortion  services?   As per Indian law Abortion is allowed in following four conditions, please suggest if these are at par with Islamic laws:   1. if mother's life is in danger 2. If child is detected as potential disable 3. if pregnancy is a result of rape 4. if family planning methods failed and family doesn't want the child.

Answer :

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh
We acknowledge receipt of your enquiries and the response follows hereunder:
 

 
It is an unacceptable (in terms of Shar’iah) “excuse” for implementing birth control; Family planning is what the media generally bombards us with the “global population explosion”. Western Media is very subtly indoctrinating the minds of naïve people to think that if the growth of world population is not curbed and stifled, the world could be shortly facing a food shortage crisis.
 
As Muslims, we cannot ratify and accept the so-called "foregone conclusions" and "projected forecasts" in the media that "ominously" warn us about the world population reaching 5 billion in the next 40 years and then increasing in leaps and bounds to reach alarming and astronomical proportions in years to come. The reason for this is obvious to a Muslim; it is our belief that Allah Ta'ala alone knows exactly what the future holds for mankind at large. It does not necessarily mean that because the world population has doubled in the last 40 years, it HAS to increase two or three fold within the next 40 years as well. Some catastrophic event could occur that stuns the growth of the population. We don't have to look too far to see this: During the Second World War in a matter of about 5 years, millions of lives were extinguished. Hundreds of thousands of our Muslim brothers and sisters were annihilated and mercilessly butchered in war ravaged areas such as Bosnia – Herzegovina, Kosovo, etc. Many more human beings have died right on our doorstep in places like Somalia and Ethiopia and Rwanda. Add to this the escalation of violence all around the world that is snuffing out human lives like that of flies.
 
The Ahaadith of Rasulullah (sallallahu ‘alayhi wasallam) warn us of grave battles that will take place before Qiyamah in which entire families, clans and nations will be wiped off from the face of the earth.
 
If, for argument's sake, we assume that the Western World's forecasts do perhaps turn out to be correct; then too as Muslims, we firmly believe that this does not automatically signal our impending doom in terms of "critical food shortages, quality of life deteriorating, sanitation, hygiene and transport services being burdened, etc." As Muslims, we do not behave like cowards and take cover under umbrellas of birth control, family planning and abortion.
 
The family-planning policies of countries like America and its cronies stink of hypocrisy. On the one hand, they are concerned that if the population growth is not stifled, we will not have enough food and funds to feed the masses. Yet on the other hand, they have no scruples at squandering millions of dollars on missiles that are utilized to bombard innocent defenseless citizens in countries like Iraq. Wouldn't those same dollars have sufficed for feeding millions of hungry mouths? The prime reason for the Western World advocating so-called "solutions" such as birth control, family planning, abortion, and other "preventive" measures is their hypocritical concern at the impending critical shortage of foodstuff.
 
As Muslims, it is our firm conviction that provision is not dependant on population figures. A Muslim cannot harbour the notion that "if there is a certain curtailed and controlled number of human beings then only will there be sufficient to go around, otherwise not!” Our firm belief is that figures are irrelevant. No matter what the numbers, Allah Ta’ala is the Sole Provider; hence He provides for all. He has taken it upon Himself to provide for every living creature: -
 
"There is no living creature on earth but its sustenance depends entirely upon Allah Ta'ala." [Al-Qur'aan 11:6]
 
Our duty is to become law-abiding servants of Allah Ta’ala and then have faith and trust in Him that He will create and provide enough food for all. Allah Ta'ala says in the Qur'aan: -
 
"And if anyone puts his trust in Allah, sufficient is Allah for him." [65:23].
 
Islam in fact teaches us to practise the exact opposite of birth control and family planning. In a Hadith Rasulullah (sallallahu alaihi wasallam) has encouraged us to increase our progeny: -
 
"Marry those women who show great affection and who are highly fertile; for surely I shall feel honoured (on the Day of Qiyamah) due to your large numbers.” ( Mishkaat, Pg. 267).
 
An inquiring mind may raise the question that if we are going to increase our progeny, where are we going to get the food for the extra mouths? Well, the solution to that question has also been provided by Rasulullah (Sallallahu alayhi wasallam): -
 
"Sustenance is provided for you due to the barakah (blessings) of your innocent and weak subordinates." [Al-Hadeeth].
 
In other words, the more dependants one has, the more Allah Ta’ala increases sustenance.
 
As far as the Western World's so-called "solution" of abortion is concerned, such a callous step would be tantamount to murdering one's own offspring. The Qur'aan says: -
 
"Kill not your children for fear of want; We shall provide for them as well as for you. Surely, killing them is a great sin." [Al-Qur'aan, 17:31].
 
In a similar vein, birth control has also been likened to burying a child alive (as was quoted earlier on from a Hadeeth of Mishkaat), because one is basically “killing” sperm that has the potential of initiating conception in the womb of the mother.
 
Hence, to resort to birth control and abortion merely due to the fear that one will not be able to provide for the extra mouths is something that is severely condemned and shunned by Islam.
 
Islam does not provide solutions in the guise of barbaric and nonsensical theories such as unwarranted abortions and birth-control policies. Islam’s solutions are simple and forthright and those are that we should:-
 
(i) Strengthen our Imaan and carry out the commandments of Allah Ta’ala, thereby attracting His Mercies and Bounties.
(ii) Continue to increase the numbers of the Muslim Ummah.
(iii) Make the effort on our part in earning income from Halaal sources.
(iv)Place our trust in Allah Ta’ala that He will give Barakah in our earnings and allow it to suffice for all our dependants.
(v) Utilize whatever is left over in channels of Zakaat and Lillah so as to assist those who are less fortunate.
 
If we were to implement this five-point strategy, we would Insha-Allah bring about a better world to live in and there would be little or no starving mouths left to feed.
 
Allah Ta'ala says in the Holy Qur'aan:-
 
“He who fears Allah Ta'ala, for him He prepares a way out, and He provides for him from sources he could never imagine.”  [65:2]
 
Look at the unique power of having trust in Allah Ta’ala, as extolled in the following Hadith:-
 
" Surely if you will trust Allah Ta’ala as you really ought to, then He will provide for you in the same way as He provides for the birds who rise and leave early in the morning with hungry stomachs but return in the evening fully nourished and satiated." (Mishkaat, Pg. 452).
 
It is said that when the eggs of crows hatch, the young emerge with white feathers on their bodies. The parents look at them and initially feel that these are not their children; otherwise they would have been black like them. The result is that the parents ignore them and do not feed them until such a stage that their feathers eventually turn black. In the interim, Allah Ta’ala, in a most unique way, makes arrangements for their provision: when these young crows open their beaks, Allah Ta’ala commands the wind to blow insects into their mouths! Will that being who causes sustenance to be conveyed to crows, allow His obedient servants to starve to death? Never! Allah Ta’ala is that Powerful Being who feeds a baby even in its mother's womb; and then before it sets foot in the world, its mother's breasts are already bursting with milk for its nourishment.
 
In a nutshell, if we build our Imaan and place our trust fully in Allah Ta’ala, then thoughts of birth control, abortion and the like should not even cross our minds.
 
The western world probing into the future and sounding ominous warnings of population explosions and food shortages is merely a futile attempt at predicting the future. Islam condemns such attempts at predicting the future; whether it be in the guise of fortune telling, throwing of bones etc. or whether it be based on mere speculation. The analogy of Hadhrat Yusuf (‘alayhis salaam) predicting a seven year famine in Egypt during his time cannot be used to substantiate probing into the future, as he was a Prophet of Allah whereas we are ordinary human beings. Whatever he prophesized about the future was through Wahi (Divine Inspiration) and not an achievement of his own. Allah Ta’ala taught him the art of interpreting dreams and his interpretations turned out to be accurate because he was guided by Allah Ta’ala. In other words, even his interpretations were a form of Divine Revelation. Allah Ta’ala instilled into his heart the fact that the Egyptian King's dream of seeing seven lean cows being eaten by seven fat ones meant that there were seven years of drought ahead and that he should store grain away for the years ahead. This interpretation turned out to be accurate as it was a form of Divine Revelation.
 
Similarly, whatever Rasulullah (sallallahu ‘alayhi Wassallam) prophesized with regard to events of the future; i.e. the Signs of Qiyaamah, etc. was also done by means of Divine Revelation and not by probing into the future. The Qur'aan says:-
 
“These are events of the Unseen which We reveal by inspiration unto thee.” [Al-Qur’aan, Surah Yusuf, 12:102].
 
Let us rather ponder over the imminent signs of Qiyaamah so that we can prepare ourselves adequately for the Aakhirah. The Western World's  "probing" into the future is based merely on speculation which creates unnecessary panic and pandemonium and causes the masses to indulge in Haraam acts such as unwarranted birth control exercises, abortions, etc.
 

(Al-Mahmood by Mufti Ebrahim Desai)
 
Almighty Allah Ta'ala says in the Quran: "Life is from a decree of my Lord." (Surah 12 Verse 85). The above verse is self explanatory on the sanctity and significance of life. Generally every decree is from Allah Ta'ala but the honour of attribution increases its sanctity and demands its highest level of reverence. This command is mentioned in many verses of the Noble Quran - Allah Ta'ala says: "Whosoever has spared the life of a soul, it is as though he has spared the life of all people. Whosoever has killed a soul, it is as though he has murdered all of mankind." (Surah 5 Verse 32)
The above should suffice to express the sanctity of the Rooh (life). The Noble Qur'an describes the various stages of man's primordial development but it does not specify the exact duration of each state. In one verse of the Noble Qur'an, Almighty Allah Ta'ala says, "Man, We did create from a quintessence (of clay); then We placed him as (a drop of) sperm in a place of rest, firmly fixed; then We made the sperm into a clot of congealed blood; then of that clot We made a (foetus) lump; then We made out of that lump bones, and clothed the bones with flesh; then We developed out of it another creature: So blessed be Allah, the best to create." (Surah 23 Verses 12 and 14)
In a Hadith related by Bukhari and Muslim, our beloved Rasulullah (Sallallaahu Alayhi Wasallam) said, "Verily the creation of each one of you is brought together in his mother's belly for forty days in the form of a seed, then he is a clot of blood for a like period, then an angel is sent to him who blows the breath of life into him..."
Based on the above references, Muslim jurists have deduced that the first four months (120 days) of gestation is the crucial time period. After this the foetus is regarded as being 'alive' and an abortion is not permissible for any reason whatsoever; and, should an abortion be done then it would constitute murder. Thus an abortion may be performed within the 120 days period only if there is a valid Shar’ee reason. (Family Planning and Abortion, by Qaadhi Mujahidul Islam, published by the IMA of South Africa)
Upon and after 120 days, it will not be permissible to abort the child. Almighty Allah Ta'ala, the All-Knowing, the All Merciful, has endowed the foetus with life. The heights of His Infinite Wisdom cannot be reached nor comprehended. The importance of the biggest problem in the circumstances cannot be equivalent to the importance of the Rooh (life). In general, abortion is not permissible but within 120 days as stated above; however, it is permissible to abort the child in the following instances:
1.      Rape and incest
2.      Proven abnormalities, e.g. Anencephaly (no brain), Downs Syndrome, Trisomy, HIV positive, congenital rubella health.
3.      If the foetal abnormalities are not proven but speculated, if there is a high risk that a woman may suffer from any of the above factors, then in the opinion of an honest, reliable and an experienced Muslim doctor, abortion may be permissible prior to the four months' gestation. It must be stressed that these are exceptional circumstances in which an abortion is allowed. Once again, it must be emphasized that the permission granted rests on medical grounds. (Ibid)
4.      If there is a high risk of the mother's permanent mental well-being and if the doctor is certain (Zanne Ghaalib) that the depression, schizophrenia will be permanent and incurable.
5.      Abortion before 120 days is permissible in specific circumstances which should be analyzed by a competent Mufti for a Shar'i ruling in a specific case.
3        ROLE OF A MUSLIM HEALTH PROFESSIONAL
Before answering the questions on the role of Muslim health professionals regarding abortion, as an introduction, we wish to briefly explain the fundamental principles that attribute to your queries. Almighty Allah Ta'ala says, "And do not assist in sin". (Surah 5 Aayat 2).
The Fuqaha have explained the extent of the prohibition in assisting in sin. If the assistance is the motivating factor and the only reason for committing the sin, then such assistance is prohibited. For example, a person provokes a non- Muslim by speaking evil about his idols; he in turn speaks evil of Allah (Allah forbid). The provocation was the motivating factor of speaking evil of Allah. Similarly, if a person deals in such things that are used only for committing sin, for example, the sale of musical items, then that assistance is sinful and forbidden.
If the assistance is not the motivating factor for committing the sin but the sin is committed by an independent perpetrator, for example, a hawker sells grapes to a person who makes wine. The hawker does not know the intention of the consumer; neither does he make the wine himself. The selling of grapes by the hawker will not be assisting in sin.
A Muslim health professional is duty bound to obey the laws of Shari’ah in his profession. The role of the doctor in abortion is analogous to a person who deals in things used only to commit sin. Therefore he cannot perform an abortion prohibited in the Shari’ah, for example, after 120 days or even motivate such an abortion.

b) Writing out a prescription for an abortifacient patient drug as well as physically handing the drug for abortion is prohibited in the Shari’ah as that will be assisting in sin, hence not permissible.
c) To evacuate the uterus after partial abortion and treating a patient from sepsis shock, etc. after abortion is permissible. The service of the doctor is after the patient has committed the sin.
 

b) A Muslim anaesthetist may offer his or her service in a miscarriage even though he or she discovers that the miscarriage is due to a premeditated termination. According to our understanding the anesthetist will not induce the miscarriage. 
 

 
The second part of your queries about the Indian Laws of Abortion has already been answered in detail above. 
 
May Allah guide all of us to the straight path, and guide us to that which pleases Him.
 
And Allah Ta'ala Knows Best


Wassalamu Alaykum


Ml. Mohammad Ashhad bin Said
Correspondence Iftaa Student, Mauritius
 
Checked and Approved by:
 
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
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