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(Answered under the supervision of the Editor)

 

Islamic Decree on Abortion

 

Question: My question concerns the Islamic stance on abortion. I am aware that the Islamic Shari‘ah does not allow it. I would like to know whether there are any exceptions in this regard. Does rape, incest or threat posed to a mother’s life provide suitable justification for abortion?

Answer: The Holy Qur’an does not refer to abortion as the term is commonly understood. However it upholds the sanctity of human life. Murder and infanticide have been declared heinous crimes. The jurists restrict abortion based on these general Qur’anic interdictions of unlawfully taking human life. The fact that the Qur’an describes the development of the human embryo led the Muslim jurists to differentiate between an unformed biological entity and the human being. The Holy Qur’an says that the creation of man starts from sperm which is placed in a safe lodging. This drop is later formed into a clot of blood, which assumes the shape of a small tissue. This tissue develops into bones that are covered with flesh and then God makes it another creation i.e. human being (Qur’an, 23:12-14). The words ‘then we produced it as another creature’ indicate that the infant is given a soul some time after conception. Muslim scholars are divided over the beginning of this last stage in a foetus.

A narrative ascribed to the Holy Prophet (sws) sets the duration of the first three stages of the foetus namely drop, clot and tissue, as forty days each. After the completion of this cycle, God dispatches an angel to breathe the Ruh (i.e. soul) into the foetus.1For this reason most Muslim jurists hold that pregnancy cannot be terminated once the foetus has been in the womb for 120 days. However the legal schools and individual scholars differ over the permissibility of abortion before this point.

What follows is a summary of major viewpoints on the issue:

 

Classical jurists are divided on the question whether abortion is allowed in the Islamic Shari‘ah or not. Most of them believe in its permissibility before the spirit is blown into it. The exponents of this viewpoint hold that the creation of a living being is materialized only after this blowing of the spirit. Ibn-i-Wahban is one of the advocates of this viewpoint. He says that a pregnancy can be terminated within this period (120 days) on a reasonable excuse and it will not be considered killing of a living being. The jurists also differ on whether abortion should be allowed within four months of conceiving. Some of them forbid it [within 120 days no matter what]. Faqih Ali Ibn Musa holds that when a sperm enters the womb the foetus is destined for animation and therefore cannot be terminated.2

 

Sayyid Sabiq in his work Fiqhu’l-Sunnah writes:

 

Abortion is not allowed after four months have passed since conception because at that time it is akin to taking a life, an act that entails penalty in this world and in the Hereafter. As regards the matter of abortion before this period elapses, it is considered allowed if necessary. However, in the absence of a reasonable excuse it is detestable. The author of ‘Subul-ul-Maram’ writes: ‘A woman’s treatment for aborting a pregnancy before the spirit has been blown into it is a matter upon which scholars differed on account of difference of opinion on the matter of ‘Azal (i.e. measures to hinder conception). Those who allow ‘Azal consider abortion as allowable and vice versa.’ The same ruling should be applicable for women deciding on sterilization. Imam Ghazzali opines: ‘Induced abortion is a sin after conception’. He further says: ‘The sin incurred thus can be of degrees. When the sperm enters the ovaries, mixes with the ovum and acquires potential of life, its removal would be a sin. Aborting it after it grows into a germ or a leech would be a graver sin and the graveness of the sin increases very much if one does so after the stage when the spirit is blown into the fetus and it acquires human form and faculties.3

 

The most balanced viewpoint in this regard is that one should not terminate pregnancy after the foetus grows into a human being. Obviously the stage is marked by the time when foetus assumes the human form and receives all human faculties. Medical science however has not yet been able to determine this stage and unless and until it does so we can rely on the related Hadith ascribed to the Holy Prophet (sws) which sets the four month time period. Hence, rape and incest provide a justifiable basis within the period stipulated above; however, if threat is posed to a mother’s life, her life shall be saved at all cost.

 

 

Eating Makruh Food

 

Question: One often comes across people especially in Pakistan and India using the term Makruh while talking about certain foods. We are aware of Halal (i.e. allowed for consumption) and Haram (i.e. forbidden) foods but there seems to be a lot of confusion about Makruh foods. I have been told that such foods are not Haram but fall in the category about which we are doubtful. It is also said that we are recommended to avoid them. Please explain this in the light of the Qur’an and the Hadith.

Answer: The term Makruh does not belong to the basic religious sources of the Shari‘ah rather it has been coined by some juristic schools of thought. Some of the jurists believe that if a weak tradition ascribed to the Holy Prophet (sws) renders something forbidden then it is Makruh. We understand that the Shari‘ah prohibits only four things which include flesh of swine, carrion, poured out blood and animals consecrated in the name of deities other than God. This is what we find in the Shari‘ah regarding Halal and Haram foods. As far as other foods are concerned, humans innately know what they should eat and what they should not. They, by virtue of the innate guidance provided to them, are aware of the fact that certain things are edible and others are not. The Holy Qur’an also tacitly approves of this distinction and refers to this innate guidance bestowed on man where it says that men should eat Tayyibat (i.e. the pure things) (Qur’an, 5:4). It has implicitly informed us that this distinction between the pure and the impure among the edibles is inherently known to man.

The traditions ascribed to the Holy Prophet (sws) in this regard refer to this innate knowledge of human beings. The jurists took them as independent directives and classified the traditions according to the degree of reliability as sound and weak. The things which they came to know about through less authentic traditions they classified as Makruh. However, it is clear from the foregoing paragraphs that these traditions mostly make use of the innate guidance of man regarding edibles and therefore should be understood on this basis.

 

How to distribute Inheritance?

 

Question: A couple has a daughter and also brothers and sisters. I wanted to know how the property would be distributed among the potential heirs in case any or both of them die. What is the share of the step-brothers and step-sisters, if any?

Answer:It should be appreciated that brothers, sisters, stepbrothers and stepsisters are not entitled to any share of the inheritance when children and parents of the deceased are alive. In case of death of any of the couple, the property will be disbursed according to the following order:

 

i. any liability of the deceased and any will he has left will be discharged first;

ii. shares of the parents and the spouse of the deceased will be paid from the remaining amount according to the shares stipulated by the Shari‘ah,

iii. one half of the remaining property will go to the daughter,     

iv. the remaining portion of the property will go to the nearest male relative.

 

The only difference that occurs when both die is that that there would be no spouse to receive the share and the property will be distributed starting from the parents down to the point (iv.) as explained above. Please note that the above division has been done on the basis of the research work of Mr. Javed Ahmed Ghamidi, a contemporary Muslim scholar.

 

 

Husband’s Desire for his wife to keep Elongated Nails

 

Question: I have a slight problem. I am a sincere Muslim. I keep my nails trimmed but my husband wants me to keep them a little long. I have tried to convince him into letting me trim them because it is not allowed in Islam, but he thinks I am becoming an extremist because he finds nothing wrong with keeping elongated nails. What should I do? Husbands do have rights in Islam but I also know that in the Holy Qur’an God Almighty does not allow us to listen to anyone if they are forcing us to go against His commands. Please advise.

Answer:Cutting nails is the Sunnah of the Holy Prophet (sws). This practice relates to that type of Islamic directives and practices which have been promulgated to ensure purification of the physical self of a believer. Since the basic purpose of Islam is inner purification, it lays great stress on physical purification as well because the latter cultivates a sense of purity and ultimately helps in attaining the purification of the inner self. Therefore, we see that many practices have been instituted for the purpose, for example, shaving off the hair from under the armpits and from the pubic area. One must not ignore these important Sunnan. However, there exists a categorization among the Sunnan in terms of their binding nature. For instance, we, as Muslims, do not condone that anyone should not circumcise any of his male offspring though we will not be much bothered if this particular person does not greet us in the ceremonial way by saying Assalamu ‘alaykum. The Sunnah of cutting nails belongs to this second type as is the ceremonial greeting.

You should therefore keep trying to convince your husband, of course, very politely and ask him to give due importance to the practice. If however he does not listen, you may comply with his wishes as far as this practice of cutting nails is concerned. Allah will surely not hold you responsible as long as it is not your desire to transgress. And do not forget to pray to the Almighty that He may give you wisdom to persuade him and that He may instil within your husband a close attachment to the religion.

 

 

Using Islamic Medicines

 

Question: A Muslim had a very critical health problem and lost hope in all kinds of conventional medicine. He decided on using Islamic medicine. I mean he recites parts of the Holy Qur’an and blows on a glass of water and then drinks it. He also uses medicine which the Holy Prophet (sws) is reported to have used or recommended like black seeds. He started to improve but was not fully cured. Later on he discovered that he might be cured if he avoided certain diet and did certain exercises. As he has adopted the Islamic treatment and has strong faith in God and sticks to it with all conviction and true intent, is he now allowed to resort again to the conventional medicine, and, at the same time, continue with the Islamic medicines? Please provide reference from the basic sources of the religion to substantiate you reply.

Answer:We understand that the Messengers of God and the Books revealed to them are not sent in order to divulge medical knowledge to people; rather they were all sent to guide humans in religious matters. We therefore believe that the Book of God never touches upon any issue other than religion. We are supposed to apply all available knowledge, cures and remedies made available by medical science. Therefore, validity of the claim that the medicine the Holy Prophet (sws) is reported to have used or told others to use are sanctioned by God may be criticized but there is nothing wrong with using medicine which humans have discovered overtime.

We think it would be a serious misunderstanding to ascribe sanctity to the medicines the Holy Prophet (sws) is reported to have prescribed. All the Companions (rta) of the Holy Prophet (sws) and great Muslim scholars knew that there was nothing divine in the prescriptions of the Holy Prophet (sws); this is why we do not find them prescribing the so called Islamic medicines. Similar is the case of use of the Qur’anic verses as charms and drinking water after blowing on it in order to cure the sick. However, if someone claims that he has been cured through this process that does not prove the fact that the act is recommended by Islam. Indeed, people of very bad character use their charms and we see that the sick are healed. It is indeed one’s faith in something that creates psychological effects on him and this produces positive results. When we recite the Holy Qur’an and pray to the Almighty with true faith in Him He listens to our prayer and cures our ailments. But such an act is quite distinct from that of the person who just does this as a process to obtain cure. We do believe that we should always apply all medical discoveries and modern knowledge in curing diseases. There is no problem in abandoning them or starting to use them again.