Fatwa ID: 77243
Title: Permissibility of Early Abortion
Category: Women
Scholar: Dr.Salah Al-Sawy
Date: 12/25/2008

Question
Assalamu Alaykum, Is a wife permitted to abort her fetus before it reaches the stage in which the soul is blown into him, if her husband is a Fasiq? May Allaah reward you with good.

Answer
In the name of Allaah, the Benevolent, the Merciful. All praise is due to Allaah, and peace and blessings be upon the Messenger of Allaah, his family, companions, and those loyal to him. It is impermissible to have an abortion unless it takes place in the first 40 days of pregnancy and there is a valid Islamic excuse, such as in the case of the questioner whose husband is a Fasiq to the level that harms her, and she gave up on hoping for him to be good and decided to leave him (i.e. ask for divorce or Khula). We advise her to consult her parents and to ask Allaah for guidance in this matter. And Allaah, the Most High, knows best.