Abortion after Rape - Your opinions?

[q8penpals]

Salam

I would like to hear people's opinions on this topic from Egypt.

Lana
Row over abortion right for rape victims in Egypt

By Ramadan Al Sherbini, Correspondent
Published: January 01, 2008, 14:40​

Cairo: With an estimated 20,000 cases of rape annually, some Egyptian lawmakers are pushing for giving rape victims the right to abortion.
According to the semi-official newspaper Al Ahram, an MP has presented a draft bill to the parliament demanding an amendment to the Egyptian law to allow pregnant woman, who has been raped, to go for abortion. The aim, according to MP Khalil Qouta, is to curb an increasing number of children of unknown parents in Egypt.

“Any girl or woman, who is subjected to rape, has the right in Islam to have abortion at anytime, and she would not commit a sin for doing this,” said Egypt’s top Muslim cleric Mohammad Sayed Tantawi.
Giving his blessing to the pro-abortion bill, Tantawi, who is the Grand Shaikh of Al Azhar, demanded that women given the right to abortion should have done their best to resist the rapist.

His fatwa (religious edict) has drawn opposition, though. “Endorsing the right to abortion in the cases of rape has several risks,” said Fawzia Abdul Sattar, a professor of criminal law. "In the first place, this bill deals with the aftermath of the crime, but not the crime itself," she told Gulf News. “Legalising abortion for rape victims may well encourage immoral behavior on the part of girls involved in illicit affairs, who would manipulate the code and claim they were raped.”

Abdul Sattar also warns that some “unscrupulous” medical professionals could take advantage of the bill to perform illegal abortion on immoral women. “Rather, we need to promote ethics and religious piety in order to encounter the crime of rape," she said.

Pro-life supporters, like Mohammad Rafaat, a professor of Sharia (Islamic Law), believe that abortion for the raped women should be conducted only in the first days before a fetus forms. "There is a consensus among Muslim scholars that the abortion is not permissible 120 days after the conception occurs." Rafaat urges the government to set up medical centres to treat victims immediately after they are raped. "This can help remove the effects of rape before the fetus is formed," he said.

“While supporting the right to abortion for raped women, Nehad Abul Qumsan, the chairperson of the Egyptian Centre for Women’s Rights, balks at the suggestion that abortion can be carried out at any time. Many women give birth to premature babies in the seventh or eighth month after conception. Should they be allowed to have abortion at this time?" she asked. “I think the issue should be resolved from the beginning and abortion restricted to cases when the fetus is not formed," she said.

 

[dna1987]

I agreee with what Rafaat said, quickly perform abortion in first 10 days etc. Until then, there is nothing living yet. (opinion)

An illegimate child can be haunting - what if the kid ends up looking like the rapist? And how would the mother feel everytime she remembered how he child was concieved? Or if kid asks about the dad.
Salam alaikkum.

 

[arabiantxn]

True i guess personally i think its women’s right and the child should not have to suffer because his mother was assaulted or irresponsible.

the sad part of the whole thing is in this world we have sick/evil men and loose women who will do anything to attract men . its messed up sigh...

That said rape is zina ..Fornication- its the biggest crime and sin anyone can commit ..such person should be slaughtered and may allah protect from such a sin .

 

[palestine]

i'm not from egypt but i'd just like to give my opinion. it's true what dna1987 said, but you can also look at from the other side, meaning you might of have been raped, and it's painful to live with that but why should you take it out an innocent baby. you're killing a human being that is and they don't deserve to because they haven't done anything. When muslims are charged with a crime , islam goes to trial. and isn't that what we fight against, being judged for what one muslim person might of have done? so then why should a child be judged because of it's fathers actions? again, i know that it is painful to live with a reality like that....but my opinion is that a baby shouldn't be judged because of it. and the mother can educate that child and teach him the good way of life...islam. in return someday, he'll do something for her, and after she dies he'll make dua for her which will be of benefit to her. Maybe then she'll be able to forgive the innocent child. please execuse me, i don't mean any harm, nor any stress to anyone. it is simply my opinion and everyone has a different point of view. also shaykh khalid yasin was talking aobut this, and he also said that it was haram to have abortion because you are killing a human being, and killing a human being is a sin. Wallahu A'lam.

 

[Kayote]

Salam

I also agree with Sattar. It should be allowed within a certain time limit.

But ofcourse, the child cannot be held responsible for what the rapist did.

Salam

 

[sahifa]

think twice

as far as i know or concerning about these topic it is horroble to know now a day in egypt these should not happen, but due to lack of faith and awerness of being Muslim,those people are easy to go to hell, in what sense ?the munafiqun,are leadding in these country.shame those people they said that they raped.The main Answer of these topic is they neglect,Allah they are easy to commit sin.main reason is invironmental,influence, vehavior.And Most modern country,like egypt now they dont have,sense About Islam. bcoz if they have they will not supper these kind of shamefull criticts.it will increase more these problem,if ladies or girl will walk like naked on street,to exppose their body figure,I remember when I was in jeddah, i heard some ladies also was raped. but, the people said good for her why she walk on the street alone wearring very thin clothes cover on her body.one Question only to all readders.If you see woman walk on the street,like naked what do you think ? ALLAH,will guide to whom,He willeth,O, Allah,furgive them. And check the Sura Al Quran,33:53 /33:59 /7:26 Ma Sallahma.

 

[bint S]

:salam2:

bismillah

whats the legal islamic fatwa abt this? i mean what does the sharee'ah say?

personnaly i'd say abort it.

wassalam

 

[palestine]

salam

:salam2:

bismillah

whats the legal islamic fatwa abt this? i mean what does the sharee'ah say?

personnaly i'd say abort it.

wassalam

Shaykh Khalid yasin, a well trusted, well known shaykh said that abortion is haram, because by the time the baby is 14 weeks, it is a complete human being with hearing and sight and everything else. i can' t get it past that sis. sorry. asalamu alaykum.

 

[dna1987]

Shaykh Khalid yasin, a well trusted, well known shaykh said that abortion is haram, because by the time the baby is 14 weeks, it is a complete human being with hearing and sight and everything else. i can' t get it past that sis. sorry. asalamu alaykum.

Hmm, yeah well one has up to 14 weeks to have an abortion. That makes up the first trimester of pregnancy I think. That's plenty of time after a rape (I had a bit of trouble typing this - the sentence sounds a bit too flippant; it really is a serious thing).
Salam alaikum.

 

[MUHAMM7D]

:salam2:

Abortion of pregnancy resulting from rape​

Question:
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?

Answer:

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.


From Ahkaam al-Janeen fi’l-Fiqh al-Islaami by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim

 

[jabba]

:salam2:
Hmm this is a hard thing and I can't say I fully understand as alhamdulillah I've never been in this situation. In MY opinion, I'd keep the baby, it's not the "fetuses" fault. But I understand everytime you'd see the child you would have thoughts of the rape.......there is always adoption.

 

[justoneofmillion]

assalam i don t know what the law in EGYPT says
Death penalty for the rapist is the most simple and effectiv way however of keeping less unwanted fetuses from reaching mothers wombs but until they do not do that and follow the kuffar laws they will become like them... well i guess everything
has been designed this way......
Jameel
:salam2:

 

[Optimist]

hmmm ... I guess we have a religious ruling so that should end it ...

I'd just put a big question mark on this figure of 20,000 every year. Where did it come from ? An estimation ? ... usually those tend to be exaggerated because feminist groups prepare and produce them with a certain agenda. Is is the number of alleged cases ? In the UK conviction rates for rape are less than 5% which probably means that most of those cases are pure fabrication. I'd argue that the actual number of real rape is much, much smaller ... but then it is only a guess.

I worry that opening the doors for such a ruling will make it easy for adulterers (males & females) to get rid of the fruit of their sins with the help of the law. I'd say apply it, but make it happen only with the permission of the court and appoint a speical judge to authorise such procedures quickly if needed.

 

[Muslimah99]

:salam2:

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.

your source: http://infad.kuim.edu.my/modules.php?op=modload&name=News&file=article&sid=10707

this is from islamonline.net, can you find a more trustworthy fatwa?

www.answeringchristianity.org


1- Abortion in the Noble Quran:

Let us look at what Allah Almighty said in the Noble Quran:

"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. (The Noble Quran, 17:31)"

"Say: "Come, I will rehearse what God hath (really) prohibited you from": Join not anything as equal with Him; be good to your parents; kill not your children on a plea of want;- We provide sustenance for you and for them;- come not nigh to shameful deeds. Whether open or secret; take not life, which God hath made sacred, except by way of justice and law: thus doth He command you, that ye may learn wisdom. (The Noble Quran, 6:151)"

"O Prophet! When believing women come to thee to take the oath of fealty to thee, that they will not associate in worship any other thing whatever with God, that they will not steal, that they will not commit adultery (or fornication), that they will not kill their children, that they will not utter slander, intentionally forging falsehood, and that they will not disobey thee in any just matter,- then do thou receive their fealty, and pray to God for the forgiveness (of their sins): for God is Oft-Forgiving, Most Merciful. (The Noble Quran, 60:12)"

Before these Noble Verses were revealed, the pagan Arabs (before Islam) used to literally bury their daughters at the age of 4 or less alive in the desert, because (1) Daughters' birth brought shame to the family, and the mother had "defied" the husband's demand to bear him a son; or (2) The family was so poor, the parents would fear that someday they would have to sell their children as slaves to others.

While abortion clinics did not exist 1500 years ago, but people as it is apparent today, were able to cause a woman to miscarry her child by either striking her in the tummy, causing her to have lots of fear, or mess with the vagina until the child is pulled out.

While the Noble Verses above are talking about all children in general, and Noble Verse 17:31 says that it is a great sin, we have to further investigate what the word "children" here includes. Does it include only the newly born children, or does it also include the foetus?

To answer this, let us take a look at embryology in the Noble Quran:

"He created you (all) from a single person: then created, of like nature, his mate; and he sent down for you eight head of cattle in pairs: He makes you, in the wombs of your mothers, in stages, one after another, in three veils of darkness. such is God, your Lord and Cherisher: to Him belongs (all) dominion. There is no god but He: then how are ye turned away (from your true Centre)? (The Noble Quran, 39:6)"

"Man We did create from a quintessence (of clay); (The Noble Quran, 23:12)"

"Then We placed him as (a drop of) sperm in a place of rest, firmly fixed; (The Noble Quran, 23:13)"

"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 God, the best to create! (The Noble Quran, 23:14)"

"Was he not a drop of sperm emitted (in lowly form)? (The Noble Quran, 75:37)"

"Then did he become a leech-like clot; then did (God) make and fashion (him) in due proportion. (The Noble Quran, 75:38)"

"And of him He made two sexes, male and female. (The Noble Quran, 75:39)"

"Him Who created thee. Fashioned thee in due proportion, and gave thee a just bias; (The Noble Quran, 82:7)"

"In whatever Form He wills, does He put thee together. (The Noble Quran, 82:8)"

"O mankind! if ye have a doubt about the Resurrection, (consider) that We created you out of dust, then out of sperm, then out of a leech-like clot, then out of a morsel of flesh, partly formed and partly unformed, in order that We may manifest (our power) to you; and We cause whom We will to rest in the wombs for an appointed term, then do We bring you out as babes, then (foster you) that ye may reach your age of full strength; and some of you are called to die, and some are sent back to the feeblest old age, so that they know nothing after having known (much), and (further), thou seest the earth barren and lifeless, but when We pour down rain on it, it is stirred (to life), it swells, and it puts forth every kind of beautiful growth (in pairs). (The Noble Quran, 22:5)"

"Verily We created Man from a drop of mingled sperm, in order to try him: So We gave him (the gifts), of Hearing and Sight. (The Noble Quran, 76:2)"

Notice in all of the above Noble Verses, Allah Almighty talks about how He Himself takes control of our creation from the time of intercourse till the time of birth. Notice how He takes full control and responsibility over everything! If a child is born deformed, then it is becasue He, the Almighty, Willed it while the child was still a foetus. If the child is born as a male or female, then it is because Allah Almighty Willed it. Therefore, since Allah Almighty clearly considered it as a "great sin" for killing our "children" in Noble Verse 17:31 and He clearly took the full ownership and responsibility of our creation from A to Z, then for those who fear Allah Almighty and believe that His Punishment and Wrath are real, then they shouldn't resort to committing the sinful crime of abortion.

if some people have some further things to add, I am only sharing what I found on that website!

 

[Aapa]

Salaam,

If I am reading this correctly we need to understand what happens if the victim becomes pregnant. I researched and found out that there are mixed opinions on this subject. There is not one clear opinion.
However, the victim's psyche needs to be protected. I read that many women who had abortions carried gulity with them. This is a delicate issue and a personal issue. For some an abortion may help them move on with thier lives if the abortion is perfomed within the Islamic guildlines.
For others keeping the child is a blessing from Allah subhana talla.
Rape is a terrible and evil thing. Yet, many feel the victim brings it on herself. We need to always assist the victim and let her feel that she is a worthy human being.