Is It Permissible to Terminate a 4-Week Pregnancy Due to Hardship?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

Is it permissible to terminate a 4-week pregnancy due to physical and mental hardship?

I am 4 weeks pregnant and already have four children, including one with autism and a toddler. I suffer from severe back problems and often struggle mentally. Would it be permissible to terminate the pregnancy under these circumstances?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question. May Allah reward you for your upbringing despite the challenges.

The circumstances you’ve mentioned regarding past pregnancies, current illness, and mental health permit you to terminate the pregnancy. However, consult with your husband and pray two rakats to Allah before proceeding. See the link below.

Abortion after 120 days is completely unlawful and equivalent to murder. However, some Fuqaha have provided a dispensation only in cases where the mother’s life is in significant danger.

It is stated in Rad al-Muhtar: “It is not permissible to abort the pregnancy before and after the entry of the soul into the foetus.” [Ibn ‘Abidin, Radd al-Muhtar]

However, in certain extreme circumstances, it would be permitted to abort the pregnancy before the entry of the soul (120 days), such as: when the woman conceives after being raped, the mother’s life or health is in danger, or repeated pregnancies severely damages her health, etc…

Imam al-Haskafi writes in Durr al-Mukhtar: “Aborting the pregnancy will be permissible due to a valid reason, provided the soul has not yet entered the foetus.” [Ibid.]

Regarding abortion before the 120 days have passed, it remains unlawful, though the sin is considered to be of a lesser degree. It becomes permissible if there is a genuine and valid reason after consulting medical guidance and respected Muftis.

I would like you to read through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.