Fatwa ID: 4019
Title: Aborting an illegitimate child
Category: Family and Personal Affairs
Scholar: Dr.Salah Al-Sawy
Date: 2007-04-12
Question:

Is it permissible for a woman who got pregnant from zina (unlawful sexual intercourse) to get rid of it by abortion?

Answer:

In the name of Allah, all praise is due to Allah and may peace and blessing be upon the Messenger of Allah. To proceed:

 

The rule is the abortion is prohibited because the fetus enjoys the right to life. His status is that of any other human being; it bears no relation to the error of his/her mother, nor will (s)he be asked about her [the mother's] crime. Also, how could she add to the crime of zina, [the crime of] murder? Fiqh scholars agree on this ruling if the fetus has had its spirit blown into it; if it is before that, however, it is subject to the deliberation and ijtihad of the scholars.

 

The stance we choose is that, if she is still in the initial days of pregnancy (within the first forty days), and this abortion would make it easier for her to repent and return to Allah Most High, then there would be no sin in that, on condition that her repentance is sincere and truthful; and we ask Allah to keep her from sin.

 

And Allah Almighty is more Exalted and more Knowledgeable.