𝑸𝑼𝑬𝑺𝑻𝑰𝑶𝑵❓
What can those Muslim women do who have been
assaulted and become pregnant as a result of rape? Is it permissible for them
to abort the foetus or not?
𝑨𝑵𝑺𝑾𝑬𝑹❗️
Praise be to Allah.
Because the Muslims have become so weak and
humiliated, they, along with their lands and their honour, have become fair
game for anyone; the nations call one another to attack them from all sides.
Many Muslim women have often become a target for the scavenging wolves of
humanity, who do not fear Allaah or any deterrent, as is the case in many
countries in the Muslim world.
There follow some important points concerning the
woman who has been raped:
1 – The raped woman who did her utmost to resist
these thugs and their ilk is not guilty of any sin, because she was forced into
it, and the one who is forced to do something is not guilty of sin in the case
of kufr, which is worse than zinaa (unlawful sexual activity), as Allaah says:
... إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ ...
“except him who is forced
thereto and whose heart is at rest with Faith…” [al-Nahl 16:106]
The Prophet (peace and blessings of Allaah be upon
him) said: “Allaah has forgiven my ummah for their mistakes, what they forget
and what they are forced to do.” (Narrated by Ibn Maajah in al-Talaaq, 2033;
classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah, 1664).
The Muslim woman who has fallen prey to a rapist
will be rewarded for bearing this calamity with patience, if she seeks reward
with Allaah for the harm that has befallen her. The Prophet (peace and
blessings of Allaah be upon him) said: “No stress or exhaustion befalls the
Muslim, nor worry or distress, even a thorn which pricks him, but Allaah will
expiate for his sins because of that.” (Narrated by al-Bukhaari and Muslim).
2 – Young Muslim men should hasten to marry women
such as these who have been tormented, so as to reduce their suffering and
console them, to compensate them for the loss of the most precious thing that
they possess, which is their virginity.
3 – With regard to their having abortions – the
basic principle concerning abortion is that it is haraam and is not allowed
from the moment of conception when it becomes a new being and is “placed in a
place of safety” [cf. al-Mursalaat 77:21], i.e., the womb, even if this being
is the result of a haraam relationship such as zinaa. In the case of the
Ghaamidi woman who had confessed to zina and thus the punishment of stoning
became obligatory, the Messenger (peace and blessings of Allaah be upon him)
told her to go away until after she had given birth, then after she had given
birth, he told her to go away until the child was weaned.
4 – There are some fuqahaa’ who think that it is
permissible to have an abortion within the first forty days of pregnancy. Some
of them even permit it until before the soul is breathed into the embryo. The
stronger the excuse, the clearer the reason for the concession is, and if that
is within the first forty days it is, this means that the concession is more
appropriate.
5 – Undoubtedly the rape of a Muslim woman by an
evil enemy is a strong reason for the Muslim woman and for her family to have
an abortion. For she will hate this foetus, the result of this iniquitous
attack, and she will want to get rid of it. So this concession is to be given
because of necessity, especially in the first days of the pregnancy.
6 – Nevertheless, there is nothing wrong with a
Muslim woman who has suffered this disaster keeping the foetus without being
forced to get rid of it. If it is decreed that it should remain in her womb for
the usual term and she gives birth to it, then it will be a Muslim child, as
the Prophet (peace and blessings of Allaah be upon him) said: “Every newborn is
born in a state of fitrah (the natural state of man, i.e., Islam).” (Narrated
by al-Bukhaari). The fitrah is the religion of Tawheed, i.e., Islam. It has
been stated in fiqh that if the parents have different religions, the child
should follow the parent who has the best religion. This is in cases where the
father is known, but what about the child who has no father? He is a Muslim
child, no doubt, and the Muslim society is obliged to take care of his
upbringing, to spend on him and to bring him up well. They should not leave the
burden to his poor, suffering mother.
One of the basic principles of Islam is to relieve
distress and hardship, so if a Muslim girl who is keen to remain chaste is
exposed to bestial aggression and fears the effect that this may have on her
reputation or her honour, or fears that she may be an outcast or that she may
be subjected to harm such as being killed, or she fears that she may suffer
psychological or nervous diseases, or that her sanity may be affected, or that
shame may be brought upon her family for a matter in which she is not guilty of
any sin, or that the child will not find any place of safety, then I say: that
if this is the case, there is nothing wrong with her aborting the foetus before
the soul is breathed into it, especially when it has become easy for a woman to
find out if she is pregnant or not, with the advance of medical means of
detecting pregnancy in the first week. The earlier the abortion is carried out,
the more appropriate this concession is.
And Allaah knows best.
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