Monotheistic religions and abortion: assessing a situation far more complex than it appears (1/3)

Temps de lecture : 6 minutes

Monotheistic religions and abortion: assessing a situation far more complex than it appears (1/3)

07.05.2020

Written by Armand TaÏ
Translated by Bianc Wiles

Nowadays, the right to an abortion is a constitutionally acquired right for women in most Western countries; their access to such treatment being often made easily accessible.

However, women’s right to abort remains unrecognised in many regions. While this is not always the case, a recurrent justification for this situation is religious. In fact, religion still holds much influence on societies and State systems alike. This makes the study of monotheistic religions’, and their representatives’ position on abortion all the more relevant as we seek to understand why abortion remains poorly perceived and even criminalised in some regions.

Nowadays, the right to an abortion is a constitutionally acquired right for women in most Western countries; their access to such treatment being often made easily accessible.

However, women’s right to abort remains unrecognised in many regions. While this is not always the case, a recurrent justification for this situation is religious. In fact, religion still holds much influence on societies and State systems alike. This makes the study of monotheistic religions’, and their representatives’ position on abortion all the more relevant as we seek to understand why abortion remains poorly perceived and even criminalised in some regions.

The Quran’s position on abortion has been the source of much debate between Muslim theologists. Certain verses condemn infanticide, this is notably the case of Sura 6 verse 137 of the Quran which states: “Even so, in the eyes of most of the pagans, their “partners” made alluring the slaughter of their children, in order to lead them to their own destruction, and cause confusion in their religion. If Allah had willed, they would not have done so: But leave alone them and their inventions.” It is also mentioned in Sura 6 verse 140 of the Quran: “Lost are those who slay their children, from folly, without knowledge, and forbid food which Allah hath provided for them, inventing lies against Allah. They have indeed gone astray and heeded no guidance”. During the pre-Islamic era in Arabia, the burial of live baby girls was frequent, explaining what these verses were seeking to denounce. Besides infanticide, many theologists understand these verses as a ban on abortion. Shia and Sunni theologists therefore mostly base their discussions on Hadiths^[1]Sayings of the Prophet Muhammed in order to justify their positions on abortions^[2]Yasser Alamri, “Islam and Abortion”, Journal of the Islamic Medical Association of North America, Volume 43, Mars 2011..

Shia Islam and abortion

Shia Islam is the State religion of the Islamic Republic of Iran and the majority religion in Iraq, Bahrain, Azerbaijan, Lebanon and also represents an important minority of believing Muslim in Arabian peninsula countries and the Indian sub-continent. Aside from their theological differences with Sunni Muslims, it is also important to mention the significant presence of a structured clergy in Shia Islam which does not exists for their fellow-believers. It therefore becomes the task of Ayatollahs, the highest clergy representatives, to present an interpretation of Islam allowing Shia Muslims to correctly apply their religious obligations.

In addition to the Quran, Shia scholars base their opinions on abortion from original hadiths^[3]Hadiths : oral traditions. from the times of the Prophet Mohammed and Shia Imams^[4]This is one of the differences between Shia and Sunni. In addition to the Prophet of Islam, Shia Muslims sources their traditions from Imams considered to be the Prophet’s direct successor. . One of such hadiths speaks about abortions, quoting the Prophet and stating: “When two forbidden things come [upon a person] together, then the lesser will be sacrificed for the greater”^[5]Sayyid Muhammad Rizvi, “Marriages and Morals in Islam”, Al-Islam.org, Available … Continue reading. Many Shia scholars therefore consider, in this present case, that we are confronted to two prohibitions: either have recourse to an abortion, or let the mother die. According to theologists, the latter is greater than the former; consequently, abortion would be authorised in order to save the already living person.

However, according to the Grand Ayatollah Ali Al-Sistani, the most listened religious amongst Shia, especially Iraqis, abortion is haram^[6]Haram: Islamic term which means « forbidden ». in virtually every specific case. The only exception being when the birth of a child could endanger the mother’s life. Nonetheless, even in such a situation, an abortion may only take place before the fourth month of pregnancy, as until then the foetus does not yet have a soul. Beyond that point, any abortion would be considered haram. If an abortion were to be carried out, those responsible for the procedure, namely the doctor, the husband or the wife (depending on the circumstances) would have to pay a pecuniary compensation called diya or “blood money”^[7]Mahmoud Abbasi, Ehsan Shamsi Gookshi and Neda Allahbedashti, « Abortion in Iranian Legal System », Department of Medical Ethics of Shahid Beheshti University of Medical Sciences in Tehran, Février … Continue reading. This compensation may vary depending on how far along the pregnancy was at the time of the abortion or the possible handicaps or deformities of the foetus^[8]Official website of Ayatollah Ali Sistani, « Questions and Answers about abortion », Available at: https://www.sistani.org/english/qa/01121/.

The late Lebanese religious Ayatollah Fadlallah left us with teachings and writings which remain very important to Lebanese Shia Muslims. His opinion was similar to that expressed above with some diverging point nonetheless. He considered that a woman fallen pregnant after having committed adultery, or any other  form of unauthorised sexual relation under Sharia law, should be permissible as it would otherwise generate severe social consequences, or even put her at risk of death^[9]« Abortion », Baynat Institution of Ayatollah Mohammed Fadlallah, Available at: http://english.bayynat.org.lb/Family/Family_Abortion.htm.

Finally, Ayatollah Ali Khamenei, the Supreme Leader of the Islamic Republic of Iran, considers abortion permissible even after the fourth month of pregnancy if the mother’s life is at danger and if the child would be “still-born^[10]“The Grand Ayatollah Khamenei’s Fatwa about Abortion”, 06/07/2017, Shafaqna, Available at: https://en.shafaqna.com/49777/the-grand-ayatollah-khameneis-fatwa-about-abortion/”.

Sunni Islam and abortion

When it comes to Sunni Islam, while opinions on abortion diverge from those mentioned above they remain just as conservative. The four main schools of law in Sunni Islam, Sahfii (practiced in Indonesia and East Africa); Hanbali (practiced in the Arabian Peninsula); Hanafi (practiced in Turkey, central Asia, or the Indian sub-continent); and Maliki (practiced in Maghreb and Western Africa) agree with the majority view in Shia Islam that an abortion may only be allowed up to the fourth month of pregnancy.

Similarly to Shia Islam, Sunni scholars anchor their opinions on abortion mainly on hadiths. One of these hadiths, considered genuine, states the words of the Prophet Mohammed: “Verily your creation is on this wise. The constituents of one of you are collected for forty days in his mother’s womb in the for of blood, after which it becomes a clot of blood in another period of forty days. Then it becomes a l
ump of flesh and forty days later Allah sends His angel to it with instructions concerning four things, so the angel writes down his livelihood, his death, his deeds, his fortune and misfortune^[11]Sahih Muslim hadith number 2643”.

Nonetheless, some divergence exists between these different schools as to when an abortion may be practiced within the first four months of pregnancy. The Maliki reject any means of aborting from the very start of the pregnancy. Any person pursuing this procedure shall pay a diya, however no other penalty is applied.^[12]Ibrahim Sayed, “Abortion”, Islamic Research Foundation International Inc. Available at: http://www.irfi.org/articles/articles_101_150/abortion.htm The Hanafi are more liberal and allow abortion up to the fourth month of pregnancy where the mother was raped or when her life is at risk. The Sahfii and Hanbali allow abortion under those same conditions and only within the first month of pregnancy. There remains however some internal divergence within the Sahfii and the Hanbali on whether or not it is permissible to abort during the second and third month of pregnancy^[13]Omar Suleiman, “Islam and the abortion debate”, Yaqeen Institue, 20/03/2017. Available at: https://yaqeeninstitute.org/omar-suleiman/islam-and-the-abortion-debate/. These views are confirmed by some influential Sunni religious, such as the Grand Imam of al-Azhar in Egypt^[14]Al-Azhar Grand Imam lashes out abortion, globalization”, Egypt Independent, 01/03/2017. Available … Continue reading and Yusuf Al-Qaradawi^[15]« Abortion from an islamic perspective », Islam Online Archive, Available at: https://archive.islamonline.net/1184, recurrently recognised as one of the most influential Muslims in the world and the face of the Muslim Brotherhood in Qatar^[16]World’s 32nd most influential Muslim according to « The world’s 500 most influent muslims 2020 ».

Furthermore, while some Muslim countries, such as Tunisia, Turkey, or many ex-USSR countries allow abortion more liberally today, this is due to their secular past imposed by previous leaders to the detriment of local Muslim traditions. This was specifically the case with Habib Bourguiba in Tunisia, Mustafa Kemal Atatürk in Turkey, and the communist regimes of ex-USSR countries.

In conclusion, for the majority of Islamic religious branches any abortion is considered haram, be it carried out following rape or incest, for financial reasons or other reasons generally considered less important, such as the unwillingness to become parent, professional or practical reasons. Any person having committed such an offence will be obliged to pay a fine to the relevant authorities. While most Muslim countries do not completely forbid abortion, they significantly limit it authorising it only in serious cases. The fact remains, however, that there are as many opinions on Islam than there are theological schools. We have noticed that although no Islamic schools of law allow for abortion in the same broad-minded way France has done, some branches have proven to be more liberal than others. As we shall see in the articles to follow, abortion has also raised many diverging opinions in other monotheistic religions.

To quote this article : Taï Armand, “Monotheistic religions and abortion: assessing a situation far more complex than it appears (1/3)”, 07.05.2020, Gender in Geopolitics Institute.