Analytical Study of the Legitimacy Of Abortion in Islamic Jurisprudence

10.2478/bjlp-2023-0000017

Abstract

Abortion is one of the debatable topics faced by the human community these days and a matter of profound debate in penal law due to special circumstances i.e. abortion for controlling birth, abortion in rape cases, and termination of the fetus on the ground where the human body is considered to be personal property and legitimacy of abortion due to fetus abnormalities. So, according to Islamic jurisprudence abortion is prohibited except in certain cases. Islam respects both the life of the fetus and mother and prevents danger to the lives of both. Sharia rulings permit abortion only on the ground when doctors are convinced that the maintenance of pregnancy will put the existence of the expectant mother at risk in specific duration of time. The legitimacy of this justification for abortion may be related to the Islamic legal principle known as al-ahamm wa 'l-muhimm, which refers to the smaller of two damages that are acknowledged (the most important and the least important). The consequences of illegal abortion are very alarming because it is harmful to the health of women and puts in danger a new life. However, the grounds for legitimizing abortion in crucial cases differ in Islam and secular laws as situations vary from case to case. In many countries, abortion is carried out as a method of family planning. There are limited clinical causes for abortion that represent a very low proportion of all cases of abortion. This paper discusses abortion concerning Islamic Jurisprudence and international and Pakistani laws. Qualitative and descriptive research methods are used for this study. A variety of books, journals, research papers, articles, case laws, and other sources are analyzed by the researchers.