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Islam on the Sanctity of Life, Abortion Adoption Cloning and Stem Cell research
In principle, the Qur'an condemns the killing of
humans (except in the case of Just defense), but it does not explicitly mention
abortion (Al-Ijhadh). This leads Islamic theologians to take up different
viewpoints: while the majority of early Islamic theologians permitted abortion
up to day 40 of pregnancy or even up to day 120, many countries today interpret
these precepts protecting unborn children more conservatively. Although there is
no actual approval of abortion in the world of Islam, there is no strict,
unanimous ban on it, either.
The Qur'an is based not only on the assumption that the first humans – Prophet Adam and Hawwa – were created by Allah, but also on the assumption that every individual is one of God’s creatures, is His property and servant. It is therefore fundamentally not up to the created individual to determine single-handedly the length of his own life or of the lives of others, who are also God’s property, or to end others’ lives prematurely.
The Qur'an clearly disapproves of killing other humans:
"Take not life which Allah has made sacred"
[6.151; see also 4.29].
It threatens the murderer with retaliation in this life "O ye who believe! The law of equality is prescribed to you in cases of murder…", 2.178) and the punishment of Hell in the life to come for the one who premeditatedly murders a fellow Muslim: "If a man kills a believer intentionally, his recompense is Hell, to abide therein (for ever)" [4.93].
As to whether abortion is a form of killing a human, the Qur'an does not make any explicit statements. Surah 17.31 warns believers in general: "Kill not your children for fear of want. We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.."
Hence, theologians have concluded that the killing of a fetus is not permissible as soon as one can speak of it as of a "child", a person whose parts are fully formed and into whom a soul has been breathed. There is no agreement among legal scholars – including those of the founders of the four schools of religious law of the early Islamic period – as to the exact point in time this happens, however.
The Hanafi school (predominant in Turkey, the Middle East and Central Asia) allows abortions to take place principally until day 120; some jurists restrict this provision to "good cause", e.g. if the mother is still nursing an infant and fears that her milk may run out during the new pregnancy. In aborting up to day 120, the woman commits a mere moral transgression, not a crime. The Shafi school (Southeast Asia, southern Arabia, parts of East Africa) allows abortions to be performed up to day 120. For the Maliki school (prevalent in North and Black Africa) an abortion is permissible with the consent of both parents up to day 40; it is no longer allowed after that. For the Hanbali school (predominant in Saudi Arabia and United Arabic Emirates) abortions are principally prohibited from day 40 onward.
Exceptions are made in some countries if the life of the mother is endangered, based on Surah 2.233: "A mother should not be made to suffer because of her child." As a result, abortion is possible for health reasons up to day 90 according to a number of scholars.
The eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi states in his well-known book, "The Lawful and the Prohibited in Islam":
"While Islam permits preventing pregnancy for valid reasons, it does not allow doing violence to it once it occurs.
Muslim jurists have agreed unanimously that after the fetus is completely formed and has been given a soul, abortion is Haram. It is also a crime, the commission of which is prohibited to the Muslim because it constitutes an offense against a complete, living human being. Jurists insist that the payment of blood money (diya) becomes incumbent if the baby is aborted alive and then died, while a fine of lesser amount is to be paid if it is aborted dead.
However, there is one exceptional situation. If, say the jurists, after the baby is completely formed, it is reliably shown that the continuation of the pregnancy would necessarily result in the death of the mother, then, in accordance with the general principle of the Shari'ah, that of choosing the lesser of two evils, abortion must be performed.
The reason for this is that the mother is the origin of the fetus; moreover, her life is well-established, with duties and responsibilities, and she is also a pillar of the family. It would not be possible to sacrifice her life for the life of a fetus which has not yet acquired a personality and which has no responsibilities or obligations to fulfill.
Imam al-Ghazzali makes a clear distinction between contraception and abortion, saying that contraception is not like abortion. Abortion is a crime against an existing being. It follows from this that there are stages of existence. The first stages of existence are the settling of the semen in the womb and its mixing with the secretions of the woman. Then come the next gestational stage. Disturbing the pregnancy at this stage is a crime. When it develops further and becomes a lump, aborting it is a greater crime. When it acquires a soul and its creation is completed, the crime becomes more grievous. The crime reaches a maximum seriousness when it is committed after it (the fetus) is separated (from the mother) alive." (1)
Another major form of population
control is abortion. The majority of Muslim scholars permit abortion, although
they differ on the stage of fetal development beyond which it becomes
prohibited.22 To understand the differences in their positions, we
have to first study what the Qur'an says about this matter.
There are two Qur'anic
passages that address this issue. Both of them describe stages of fetal
development.23 These can be summarized as follows: the semen
(nutfah) develops in the womb, together with the ovum, into a clinging clot
('alaqah), then a chewed lump (mudghah) complete in itself yet
incomplete, then another act of creation takes place (khalqan akhar). At
this last stage of khalqan akhar, ensoulment occurs.
Scholars agree that abortion at or
after the ensoulment stage is prohibited, except to protect the mother's life.24
They disagree, however, on when this stage is reached and whether abortion at an
even earlier stage is permitted. One group permits abortion up to 120 days.25
Another prohibits it as early as 80 or even 40 days after conception.26
In either case, many take the view that abortion does not abruptly become
prohibited at a certain stage (whether that stage is reached at ensoulment or
earlier). Rather, abortion becomes increasingly makruh as the fetus
develops, until it becomes finally prohibited.27
On the other hand, a minority of
scholars hold a very strict view which prohibits abortion the minute the semen
attaches to the uterus, on the theory that it is already on its way to being
ensouled.28 These scholars also view abortions performed at later
stages of pregnancy as yet more serious than those performed at the earlier
stages. This position was adopted recently by some Muslim jurists, who relied on
scientific evidence in reaching their conclusion. While saluting the various
efforts of earlier Muslim jurists on the subject, they concluded "from a review
of contemporary medical and scientific advances...that an embryo is a living
organism from the moment of conception."29
Among the major traditional
schools of thought, the majority of Hanafis and Shafi'is permit abortion before
the 120 days period.30 Among the minority of Shafi'is who oppose this
view is al-Ghazali who describes abortion as a jinayah (crime).31
Hanbalis permit abortion before 40 days (by taking medicine) while Ja'faris and
Malikis prohibit it at any time.32 Of course, all these views permit
abortion for exigencies such as saving the mother's life even after ensoulment.33
It is worth noting that Islamic
societies have lived for centuries while these widely differing schools of
thought thrived in their midst, side by side. All these schools were generally
regarded as examples of good and honest ijtihad. How a particular Muslim
came out on any one of these issues was viewed as a matter of personal
conscience. The overall picture of this ijtihad is that family planning
through contraception is less controversial and hence preferable to family
planning through abortion.
If a woman is nevertheless faced with an abortion decision, and if after deliberation she truly finds the reasoning of a permissive group (like the majority Hanafi view) convincing, then she should not be discouraged by the prior discussion on disagreements, and should feel free to take advantage of the license under her preferred view. This advice is based on the Prophet's position of encouraging ijtihad and the Islamic scholarly tradition of regarding differences among mujtahids (those who engage in ijtihad) as an expression of the mercy of God on Muslims.34 (2)
The Islamic Law (Alshareea) in the Shiite sect says that Abortion may be allowed, if it covers the shame of the woman, and deformed unborn: http://www.shiitecouncil.gov.lb/questions/ijhad.htm Arabic
according to a priest I met from Syria adoption is not allowed in the Islamic World
So Abortion is allowed in some cases because
some of them say that the spirit comes at 42 days and some say it comes at 120
days. there differences.
Cloning and Embroynic Stem cell research
One of the leaders from Lebanon for examples
Alallamat Shiite Mr. Mohammad Hussien Fadlallah in Aug 2001 said about Cloning
it is allowed before the spirit comes. So the problem with the Islamic World is
when God places the Spirit in the unborn. (Document is available in Arabic) PDF
As Father Frank Pevone says "So what?" Even if you don't know when the spirit comes this doesn't give you the permission to kill another human being.
Saint Charbel for Life
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