Health and Well-Being
AHMADIYYA'S STANCE ON ABORTION
Roe v. Wade was a landmark legal decision issued on January 22, 1973, in which the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. However, On June 24, 2022, the US Supreme Court overturned Roe v. Wade, holding that there was no longer a federal constitutional right to an abortion. The questions being asked is: - What is Islam and specifically Ahmadiyya Muslim Jamaat’s position on abortion.
Ahmadiyya's Stance on Abortion
AHMADIYYA'S STANCE ON ABORTION
Roe v. Wade was a landmark legal decision issued on January 22, 1973, in which the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. The court held that a woman’s right to an abortion was implicit in the right to privacy protected by the 14th Amendment to the Constitution. Prior to Roe v. Wade, abortion had been illegal throughout much of the country since the late 19th century. Since the 1973 ruling, many states have imposed restrictions on abortion rights.
However, On June 24, 2022, the US Supreme Court overturned Roe v. Wade, holding that there was no longer a federal constitutional right to an abortion.
The questions being asked is: - What is Islam and specifically Ahmadiyya Muslim Jamaat’s position on abortion.
In responding to this question, we shall be guided by the responses of the Ahmadiyya Khilafat.
On May 28, 2022, Hazrat Mirza Masroor Ahmad (may The Almighty Allah continue to strengthen his hands) The Fifth Khalifa (Caliph) of the Worldwide Ahmadiyya Muslim Community responded to a question regarding permission for abortion in case of rape or health problems for the mother and baby during a Virtual Mulaqat (meeting or encountering) stated as follows: -
He quoted the Holy Quran – Chapter 17, Verse 32
وَلَا تَقۡتُلُوۡۤا اَوۡلَادَکُمۡ خَشۡیَۃَ اِمۡلَاقٍ ؕ نَحۡنُ نَرۡزُقُہُمۡ وَاِیَّاکُمۡ ؕ اِنَّ قَتۡلَہُمۡ کَانَ خِطۡاً کَبِیۡرًا ﴿۳۲﴾
‘And slay not your children for fear of poverty, it is We Who provide for them and for you. Surely the slaying of them is a grievous sin.’ He further explained as follows: -
“Islam says that you should not kill your children because of the fear of their upbringing, or [fear of a lack] of finances. That is the only thing which Islam prohibits for abortion. Otherwise, Islam says that if the health of the woman is at risk, you can do abortion. If the baby is not properly developing, you can do abortion. In the case of rape, also, if a woman says that she cannot bear the burden of this child, for example because of the society, that they will raise fingers on her all the time – and even if the child is born, the child will also face difficulties in his or her environment – then the mother can decide to get it aborted, Islam permits it. But not because of the fear of poverty. Not because [of the worry] that, ‘How can I take care of the child?’ This is the only thing. Allah says that ‘I provide you for your well-being, I provide you your food, and I am The Provider. So, you should not kill your baby, or kill your unborn child because of the fear of poverty.’”
What does Islam say about abortion and under what conditions is it allowed?
Abortion is condemned by all religions in the sense that it is a sort of murder. Wherever it does not qualify as murder, it is permitted. The basic prohibiting idea is that of murder. You can’t take life.
If the child threatens the life of the mother, by posing some dangers to the mother who is carrying the child, then whom would you sacrifice upon whom? The issue of sacrifice is just discussed. The lesser things are sacrificed for the sake of higher things. So, the ram was sacrificed for the sake of Ishmael. So, the lower things are sacrificed for the higher things. The mother has a prior right to live because she has established a life here on earth. And she is who is giving birth to a life, that new life has no right to endanger the life of the mother who is instrumental in giving that fetus life. In all such cases abortion is permissible, it is advisable.
In such cases where there is no genuine reason, no rightful reason for anyone to abort at a stage where the child has already gained a sort of life, there it would be murder. There it is not permitted.
When does life start in the Womb in relation to abortion?
Life starts with the contact of sperm with the ovum. But it has two phases. One the dependent life and the other the independent life. The dependent life starts with the contact of the sperm with the ovum, and it continues as such until the time when the child is ready to be given birth and lead an independent existence.
That time varies from individual to individual. Sometimes a premature birth as early as 6 months survives, sometimes a premature birth of the seventh month does not survive and of the eighth there is very little possibility if at all, it even endangers the mother’s life. So, life having grown then ebbs out it seems and it at its lowest ebb in the eighth month.
So, in this situation the answer to this debate is to decide whether independent life starts with the ovum, my answer would be no. The first time you can call a baby a life in the sense that he can lead an independent life is the earliest in the sixth month but there is the very remote possibility of a baby surviving at that period. So, you cannot generalize there either. You have to decide from individual to individual.
Then in the seventh month there is a very reasonable possibility of survival. That you should consider because it is overwhelmingly in favor of survival. You can say the seventh month is the representative month for life for the baby as far as independence is concerned. And the ninth month is without a doubt a time when the baby is fully grown and is capable of surviving independently. But the eighth should be counted out medically speaking because I doubt if there is any baby born in the eighth month who survives, he even takes away the mother along with him but occasionally perhaps they do but in the majority of cases we can say safely that's not the time.
Is the soul ‘breathed into a fetus‘ at the time of conception?
That is a misconception of the whole thing. The fact is that there is no certain moment in an individual's life when the soul is breathed into anybody. The soul is born with the fetus. And it reaches a stage of independent existence when the body reaches that stage, and they are simultaneously in progress so that one single moment where you say that the soul has come into being cannot be decided until that single moment for the body is decided.
That breathing is completely different, that is where the phenomenon of revelation is mentioned. It does not mean that each man when he is born or before he is born, Allah breathes life into him and then If that is the case, then for each man there is an order to everybody else to bow in submission. While this is not the case. That order is confined to Adam, the Caliph of Allah on earth, Vicegerent on earth. So that means when he becomes Caliph, then bow to him and how does he become Caliph? Not because he is born, he only becomes Caliph when Allah breathes into him, that is speaks to him and reveals to him, a new life is breathed into him.
That is a life of prophethood and spirituality, so it is only that which is referred to there. Not that individually each person is breathed a soul from outside, there is no soul from outside.
Does Islam consider abortion to be genocide?
Abortion after the child has become an independent unit, I agree it becomes a genocide. It becomes a genocide unless the life of the mother is threatened which comparatively speaking is to be preferred over the child. So if a comparison has to be made between the life of the mother and the life of the child, Islam would rather have you save the life of the mother rather than that of the child. So that is a medical exigency, otherwise it will be a crime to kill the baby after he reaches the stage of independent survival.
Before that again it is a very doubtful issue. The Holy Quran tells us one thing: that to abort for the sake of food problems or of being saved from perils of poverty, that is criminal. Islam does not permit us to do that.
But for other reasons, and reasons there must be some to abort or try to prevent birth that is permitted. To abort I think I have gone a bit too far, from study of the behavior of the companions of the Holy Prophet (saw), all that is proved is not abortion after pregnancy but an effort to prevent pregnancy so contraceptive measures are positively proved to be in practice during the time of Holy Prophet (saw) and were witnessed by his companions. But there too the Holy Quran warned that you should not go for contraception when you have a fear of poverty in mind, a fear of paucity of food, because that is a very bad reflection of Allah.
In Ahmadiyyat too this is the practice and if somebody asks, then this is the answer. That if the health of the woman is in jeopardy, you do not want to have two children close together with little gap in between and if you are not afraid of poverty and that is not what you are avoiding then go ahead and use contraceptive measures, nothing wrong with it.
But that abortion again when the life is given shape even if its independent one should not be permitted to play with that but there are two aspects to that. Now that is not religious as much as a legal question. As far as the punishment is concerned personally, I tend to believe that the punishment for the abortion of the first period should be definitely less than the punishment of the second period, that is more like a murder than the previous one and to use contraceptive measures its less like a murder obviously, much less though it graduates into that ultimately.