Tuesday, 25 October 2011

Abortion of pregnancy resulting from rape

 

What can those Muslim women do who have been assaulted and become pregnant as a result of rape? Is it permissible for them to abort the foetus or not?

Praise be to
Allaah.

Because the Muslims have become so weak
and humiliated, they, along with their lands and their honour, have
become fair game for anyone; the nations call one another to attack
them from all sides. Many Muslim women have often become a target for
the scavenging wolves of humanity, who do not fear Allaah or any deterrent,
as is the case in many countries in the Muslim world, and as has happened
in Bosnia and Herzegovina, in the Philippines, in Chechnya, in Eritrea,
and in the prisons of some of the contemptible systems of the Arab world.

There follow some important points concerning
the woman who has been raped:

1 – The raped woman who did her utmost
to resist these thugs and their ilk is not guilty of any sin, because
she was forced into it, and the one who is forced to do something is
not guilty of sin in the case of kufr, which is worse than zinaa (unlawful
sexual activity), as Allaah says (interpretation of the meaning):

“except him who
is forced thereto and whose heart is at rest with Faith…”

[al-Nahl 16:106]

The Prophet

(peace and blessings of Allaah be upon him) said: “Allaah has forgiven
for my ummah for their mistakes, what they forget and what they are
forced to do.” (Narrated by Ibn Maajah in al-Talaaq, 2033; classed
as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah, 1664).

The Muslim woman who has fallen prey
to a rapist will be rewarded for bearing this calamity with patience,
if she seeks reward with Allaah for the harm that has befallen her.
The Prophet

(peace and blessings of Allaah be upon him) said: “No stress or exhaustion
befalls the Muslim, nor worry or distress, even a thorn which pricks
him, but Allaah will expiate for his sins because of that.” (Narrated
by al-Bukhaari and Muslim).

2 – Young Muslim men should hasten to
marry women such as these who have been tormented, so as to reduce their
suffering and console them, to compensate them for the loss of the most
precious thing that they possess, which is their virginity.

3 – With regard to their having abortions
– the basic principle concerning abortion is that it is haraam and is
not allowed from the moment of conception when it becomes a new being
and is “placed in a place of safety” [cf. al-Mursalaat 77:21], i.e.,
the womb, even if this being is the result of a haraam relationship
such as zinaa. In the case of the Ghaamidi woman who had confessed to
zina and thus the punishment of stoning became obligatory, the Messenger

(peace and blessings of Allaah be upon him) told her to go away until
after she had given birth, then after she had given birth, he told her
to go away until the child was weaned.

4 – There are some fuqahaa’ who think
that it is permissible to have an abortion within the first forty days
of pregnancy. Some of them even permit it until before the soul is breathed
into the embryo. The stronger the excuse, the clearer the reason for
the concession is, and if that is within the first forty days it is,
this means that the concession is more appropriate.

5 – Undoubtedly the rape of a Muslim
woman by an evil enemy is a strong reason for the Muslim woman and for
her family to have an abortion. For she will hate this foetus, the result
of this iniquitous attack, and she will want to get rid of it. So this
concession is to be given because of necessity, especially in the first
days of the pregnancy.

6 – Nevertheless, there is nothing wrong
with a Muslim woman who has suffered this disaster keeping the foetus
without being forced to get rid of it. If it is decreed that it should
remain in her womb for the usual term and she gives birth to it, then
it will be a Muslim child, as the Prophet

(peace and blessings of Allaah be upon him) said: “Every newborn is
born in a state of fitrah (the natural state of man, i.e., Islam).”
(Narrated by al-Bukhaari). The fitrah is the religion of Tawheed, i.e.,
Islam. It has been stated in fiqh that if the parents have different
religions, the child should follow the parent who has the best religion.
This is in cases where the father is known, but what about the child
who has no father? He is a Muslim child, no doubt, and the Muslim society
is obliged to take care of his upbringing, to spend on him and to bring
him up well. They should not leave the burden to his poor, suffering
mother.

One of the basic principles of Islam
is to relieve distress and hardship, so if a Muslim girl who is keen
to remain chaste is exposed to bestial aggression and fears the effect
that this may have on her reputation or her honour, or fears that she
may be an outcast or that she may be subjected to harm such as being
killed, or she fears that she may suffer psychological or nervous diseases,
or that her sanity may be affected, or that shame may be brought upon
her family for a matter in which she is not guilty of any sin, or that
the child will not find any place of safety, then I say: that if this
is the case, there is nothing wrong with her aborting the foetus before
the soul is breathed into it, especially when it has become easy for
a woman to find out if she is pregnant or not, with the advance of medical
means of detecting pregnancy in the first week. The earlier the abortion
is carried out, the more appropriate this concession is. And Allaah
knows best.

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