rape and abortion


Muslim Guy

I don't see a problem with this. First trimester abortions are completely permissible in Islam if performed before the soul is breathed into the embryo. After that point the scholars agree it is permissible if for a reason of health (mental or physical) for the woman.

The soul is breathed in after 40 days?



Junior Member
The soul is breathed in after 40 days?


My apologies I was incorrect, according to the fatwa I post below the soul is breathed into the fetus after 120 days from conception. May Allah swt forgive me for my mistake. (I bolded the part that states when the soul is breathed into the fetus.

I would like to know the rulings that have to do with abortion of the foetus at various stages.

Praise be to Allaah.

We have already stated in the answer to question no. 42321 the ruling on abortion. Please refer to this information.


With regard to the rulings following an abortion, they vary according to the time of the abortion, and fall into four categories, as follows:

1 – If the pregnancy is aborted within the first two stages (the nutfah (drop) stage which results from the mixing of the “two waters” which is the first forty days after the embryo attaches itself in the womb, and the ‘alaqah (clot) stage where it turns into solid blood during the second forty days), which add up to a total of eighty days, then in this case if it is aborted as a nutfah or ‘alaqah, there are no rulings to be followed, and there is no scholarly dispute on this point. The woman should continue to fast and pray as if she had not had an abortion, but she has to do wudoo’ for each prayer if she has any bleeding, as in the case of a woman suffering from istihaadah (non-menstrual vaginal bleeding).

2 – If the pregnancy is aborted in the third stage, the mudghah (chewed piece of flesh) stage, when the embryo looks like a piece of meat with the limbs and features beginning to appear, which lasts for forty days from the eighty-first to the one hundred and twentieth day, then there are two scenarios:

(i) This embryo does not have any human features and the midwives or other attendants did not testify that this was the beginning of a human being. In this case the ruling on abortion of this mudghah is the same as the ruling on abortion in the first two stages, and there are no rulings to be followed.

(ii) The embryo has complete human features or some human features such as a hand or foot, etc, or there are features but they are indistinct, or the midwives or other attendants testified that this was the beginning of a human being. In this case the rulings on nifaas are to be followed, and this signals the end of ‘iddah (waiting period following divorce or death of the husband, if applicable).

3 – If the pregnancy is aborted in the fourth stage, i.e., after the soul has been breathed into the foetus, which is after the beginning of the fifth month or after one hundred and twenty days of pregnancy have passed. Here there are two scenarios:

(i) If the foetus did not cry after birth, then the rulings mentioned with regard to the second stage of the mudghah are to be followed, but in addition the foetus should be washed, shrouded and the funeral prayer offered for him; he should be given a name and the ‘aqeeqah offered for him.

(ii) If the foetus cried after birth, then the rulings concerning a full-term baby apply, as mentioned above; in addition the child may take possession of wealth bequeathed or inherited; he may inherit or be inherited from, etc.

Fataawa al-Lajnah al-Daa’imah, 21/434-438.



Article quote:
... An honorable woman raped by Shabiha men cannot bear the birth of an illegitimate child,” he said.


Even secular law opt to termination of pregnancy as the result of rape.
Those innocent women can't be made to suffer even more for what they already lost
for that caused!!!

~May Allah swt help,protect and guide all muslims~Amin!



Asalaam alaikum,

Question: What about forgiveness. If the woman can find it in her heart to bear her circumstances is that not better. Why must the only option be abortion? There are consequences of abortion and some can not abort.

And if a woman is married what then? Once again it is a leap of reason. I will spell it out if I need to but if the reader can think what then?

When the child is born and the adan is spoken into its ears what then? Does a child hold the sin of the parents? Does not every soul have the right to seek and please its Creator?

Who cares about secular law. We are discussing the Laws of Allah. We are discussing abortion and rape.

sister herb

Official TTI Chef

What if woman will hate hers child who is living reminder about her rape? In my last job I saw many kind of situations by women whose came from war areas and had forced to give birth to child made like that now in Syria.

Some mercy to those sisters, please.



Asalaam alaikum,

There are many infertile women who would raise a child with love. The child is innocent. Show Mercy to the innocence of an innocent creature.

Put the child in an orphange and give that life a chance to bloom.

And what if the sister is married...if she had sex with her husband in the time period where conception can take place..and she is raped..what then? What if she is pregnant with twins..

Forgiveness is the best of all mercy, I leave it at that. Each conception is the Will of Allah. It is Allah that gives life and all life belongs to Him.

I leave it at that.


Junior Member
To all those who could not discuss without getting personal
Age is a number. I can present a prodigy right now, and the child would simply outwit most of us.
You stand the chance of getting ignored, for ever. How? Next time you post here, in this forum, at your time of need, you might simply miss the input from the most knowledgeable one....

Get to the point being discussed, not to the people in the discussion.
STEP out, because you are not able to think straight when stressed. This discussion is not for you.


Here is your opportunity, to GROW UP :)


Junior Member
... Islam does provide the provision, and like many other provision, it comes with a responsibility. This topic is a slippery slope. Lot of emotions.... And factual case by case judgement, needs skill. Its simply not for those who do not have the courage to sit down, listen and suffer the agony. A person in trauma needs some one to not cry along(sympathy), but some one to show the way forward(empathy).

There are many women who have carried the child, despite others forcing the women to abort. I can give you the numbers for it. And, to those who do not know what it is to have a still birth baby, what do you know about the trauma of a women who is also forced to undergo the trauma of abortion?

Was it or not?
Its such a topic that if it happens in neighborhood, to get out the facts is made so difficult by society. And let me also make it clear, even in the most so called liberated countries, its difficult. And now its happening in one part of the world, miles away, none are neither prepared nor aware how to approach it right? In this case we are taking about a religio-social situation. Its also a matter of shame. We want to blame it on one person, and we do not want to look deeper and see who made this person what he is. Hold on, look deeper...

How many, is a valid question
Can any of you think of some sensible reasons? Yes, there are. For an administrator, how many is the most important question. For the red cross, who are those is very imporatnt, so as to reach out to those hidden in the walls of house, and ease their suffering. So where are the doctors and the aspiring doctors to be? So we know there are few. And how do we reach out to those few. Go knocking at each door? Or an ad asking them to come to the clinic at stipulated time? I would definitely like to know, how to address this problem. Or, are we going to paint all the girls/ women in an entire village or town as being subjected to this trauma??

Lets do the exercise
So a women goes to clinic and the first question that arises is how did it happen? Is she married? or Is she unmarried? So... How do you tackle?
Lets say there was a verbal engagement [like the one in this thread]. What if the other person let tongue loose and, and and to win the argument or rather silence the one, mock the person's past trauma? Deserve a slap or a clap?
Wait... would one let one's brother marry such a lady? Or would one let one's son be husband to such a lady? Would one let one's sister 'be', if she made the choice to carry the child? Would one look in the eye of such a nephew/niece, and treat it fairly? its after all an innocent child right?


Hope i have made it clear, its just to set our thoughts straight


Junior Member

In the end there really isn't any place for us to debate. Scholars that have gone over the situation and know the details have made a ruling (fatwa.) We are just Monday-night quarterbacking and even worse, without all the facts or knowledge of fiqh. So it's not our place to demand to know the gruesome details behind these sister's violations.

It's not our place to judge if an abortion is more difficult to bear than raising a child who is a product of that rape. It is not our place to comb over the details and demand clarification on her situation. Our only place is to make dua for these sisters and to do whatever we can to help them live in safer places. Her decision is between her and Allah swt. No one here knows what their actions would be in her place so best to remain silent lest we bring down the wrath of Allah swt on our own heads.


Asalaam alaikum,


Let me correct you. This started with a post about one scholar's opinion on rape and abortion. No-one was judging any sister. As this was about the situation in Syria I questioned the facts. None were provided. I then questioned why in Islam we have to jump to abortion as a solution.

No-one ever asked for details. We asked for facts. That has been discussed. And Brother Strive May I made some excellent points as to why we need the facts.

Some members were quick to post and suggest the times allowances for abortions. Equally, I suggested that there are alternatives to abortion.

There was no judging here. It was black and white. Islam provides solutions to all problems. And for some abortions are not a solution.


Junior Member

Just to take the thoughts in another direction, such topics too exist 'An argument against Abortion Essays.'

To just get an idea of how slippery a slope the topic abortion is:
Killing babies no different from abortion, experts say
Parents should be allowed to have their newborn babies killed because they are “morally irrelevant” and ending their lives is no different to abortion, a group of medical ethicists linked to Oxford University has argued.

Read more at -http://www.telegraph.co.uk/health/healthnews/9113394/Killing-babies-no-different-from-abortion-experts-say.html

Another abstract, note the highlighted part, it mocks
Abortion is largely accepted even for reasons that do not have anything to do with the fetus' health. By showing that (1) both fetuses and newborns do not have the same moral status as actual persons, (2) the fact that both are potential persons is morally irrelevant and (3) adoption is not always in the best interest of actual people, the authors argue that what we call ‘after-birth abortion’ (killing a newborn) should be permissible in all the cases where abortion is, including cases where the newborn is not disabled.

From : Journal of medical ethics

And now, bringing back into focus

Syria, Ally forces planes bombed en-mass, to take out an impervious regime and bring peace in the conflict zone... the reports might say in few months. Could this not have been prevented?!

And if one observes, a simple truth arises. The focus and effort is away from prevention!