My Husband Remarried and Wants To Divorce Me Despite My Pregnancy–Can I Get an Abortion?
Question
My husband married another woman, and he was preparing divorce papers for me, but I got pregnant, and now he says that he’s going to leave me after the baby’s birth. I already have a baby girl, and now I’m expecting again. My husband wants to divorce me at any cost, So my question is that, is it allowed for me to abort this baby because my family, my mother they’re very poor also my qualification isn’t enough, and how is it possible for me to take care of two babies all alone? Please guide me
Answer
I hope you’re doing well, insha’Allah. May Allah Most High grant you facilitation and ease–and bless you with steadfastness (sabr) and certitude of faith (yaqin).
The basis is that the father provides for his children, even when the mother is raising them (such as in the case of separation). [Mawsuli, al-Ikhtiyar Sharh al-Mukhtar] This would apply to both the children you would be raising, in case of divorce.
What About Abortion?
The basis is also that abortion is not allowed, given that there is a level of sanctity to the human fetus even before ensoulment at 120 days. [Shaykh Adib Kallas, also in classical texts]
After 120 days, abortion is only allowed in very exceptional circumstances, as the fetus is now considered ensouled, and has the sanctity of a human life. [Ibn Abidin, Radd al-Muhtar; Ibn al-Humam/Marghinani, Fath al-Qadir, Sharh al-Hidaya]
Your Case: Abortion and Raising Children On One’s Own?
In terms of having to take care of two children on your own: the basis is that the father would financially support the children.
However: Given the considerations in such cases, please consult reliable local scholars about the specifics of the situation. Jazakum Allah khayr.
I ask Allah that He facilitate the good for you, and grant you ease and facilitation.
And Allah is the giver of success and facilitation.
[Shaykh] Faraz Rabbani
Shaykh Faraz Rabbani spent ten years studying with some of the leading scholars of recent times, first in Damascus and then in Amman, Jordan. His teachers include the foremost theologian of recent times in Damascus, the late Shaykh Adib al-Kallas (may Allah have mercy on him), and his student Shaykh Hassan al-Hindi, one of the leading Hanafi fuqaha of the present age. He returned to Canada in 2007, where he founded SeekersGuidance to meet the urgent need to spread Islamic knowledge–both online and on the ground–in a reliable, relevant, inspiring, and accessible manner. He is the author of “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School (White Thread Press, 2004).” Since 2011, the Royal Islamic Strategic Studies Center has named Shaykh Faraz one of the 500 most influential Muslims.
