Fatwa #122225 October 2000Pakistan
One of your answers to a question says the soul is put into the fetus in the 4th month, could you give me the Hadith that says this, since I was told that the soul is inserted on the 3rd month.
Answer
Allah Ta ala says in the Quran: Life is from a decree of my Lord. (Sura 12%0D%0Averse 85) the above verse is self explanatory on the sanctity and%0D%0Asignificance of life. Generally every decree is from Allah Taala but the%0D%0Ahonour of attribution increases its sanctity and demands its highest level%0D%0Aof reference. This command is mentioned in many verses of the Quran: Allah%0D%0ATa ala says: "Whosoever has spared the life of a soul, it is as though he%0D%0Ahas spared the life of all people. Whosoever has killed a soul, it is as%0D%0Athough he has murdered all of mankind." (sura 5 verse 32) The fact that%0D%0Aevery one soul is equivalent to all of mankind clearly indicates the value%0D%0Aof every life.%0D%0A%0D%0AThe above should suffice to express the sanctity of the Rooh (life). It is%0D%0Anot permissible under any circumstances to destroy a rooh. The jurists have%0D%0Amentioned the life enters the foetus upon 120 days. From then onwards the%0D%0Afoetus is a living human being.%0D%0A%0D%0AUnder no circumstances will it be permissible to abort the child. Allah%0D%0ATaala in his infinite knowledge knows the circumstances, inspite of Him%0D%0ABeing Most Merciful, He has endowed the foetus with life. Can our deficient%0D%0Amercy to abort the child be compared to Allah Ta ala s Infinite Mercy to%0D%0Asustain the child. The heights of His Infinite Wisdom cannot be reached or%0D%0Acomprehended. The importance of the biggest problem in the circumstances%0D%0Acannot be equivalent to the importance of the Rooh (life). It is too dear to%0D%0Abe discarded. Before 120 days too, it is not permissible to abort the child.%0D%0AHowever, it may be permissible to abort before 120 days in the following%0D%0Ainstances:%0D%0A%0D%0A1) Rape%0D%0A2) Incest%0D%0A3) Sexual interference with the mentally retarded%0D%0A4) Foetal deformity for eg. anencephacy (no brain)%0D%0A5) Foetal deformity for eg. congenital rubella health.%0D%0A%0D%0AAnd Allah Ta%E3la Knows Best.%0D%0A%0D%0AWas salaam%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A