Fatwa Explorer

Fatwa #1426625 May 2006United Kingdom

I want to know what is the punishment for abortion - is it that I must now be killed?

Question

I am e-mailing you to see if you can help me. I had an abortion about one and a half years ago and now I am starting to feel very upset and guilty for what I have done.
Me and my partner are still together and really want to get married now and do things the right way.
 
I want to know what is the punishment for abortion - is it that I must now be killed?
I have done my astagfa's (said sorry) a number of times but is this enough? what can I do to make it better? If I get married and do things the right way and have a child after marriage I have heard that when a woman gives birth all of her previous sins will be forgiven - will this be the same in my case and will the abortion I had before be forgiven?
 
I am really upset by what I did and feel that there is no excuse for what I done.. I wish I could turn back the time and change things but I can't. I constantly think about the baby I never had and wish it was here with me now.
 
Nothing seems to be going right and all I want is to get married to my partner and have a baby.
 
Is it compulsory to get married if you are in fear of committing a sin (like me and my partner do each time we meet as we have intercourse but want to get married
as soon as possible)?
 
Please can you answer my questions?

Answer

There are two issues regarding your matter; a) Premarital relationship, and b) Abortion.

According to the Shari’ah, premarital relationship is expressly prohibited and it is a major sin. Shari’ah has closed all doors and avenues that may lead to adultery and its subsequent evils, for example, abortion, etc. Allah states in the Qur’aan, ‘And do not go close to adultery’. Adultery/fornication, is prohibited and anything that will lead to it is also prohibited. It is even prohibited to see a person of the opposite gender. That light leads to to other evils. Allah states, ‘Say to the believing males to lower their gazes… Say to the believing females to lower their gazes.’

The punishment for fornication is 100 lashes in an Islamic state for both – unmarried male and unmarried female. If either one is married, then the punishment is death through stoning. The seriousness of such punishments will be appreciated only if one understands the evils in society that emanates from such sins. Consider the following:

1. Adultery and fornication is just using one another to fulfil one’s passion and desire. A human being should be respected and not just used. In marriage, there is loyalty and commitment.

2. Adultery/fornication either leads to illegitimate children who feel a sense of immorality in their entire life. They will lead by the example their biological parents set for them. Adultery/fornication may lead to abortion if the partners do not wish to have a child. That is murder.

3. Adultery and fornication that leads to a person having multiple sex partners. That is the cause of Aids and other epidemics.

The above three points are a sufficient burden in society. Allah refer to adultery/fornication as Faahisha (evil). Sister, you should get married if your partner is committed to you. If he is not committed to you and marriage, then fear Allah and stay away. Look for someone else to get married to. Do not continue your relationship with the person. Also make Tawbah, Allah is most Forgiving. If you are sincere, Allah will forgive you.

The second issue is about abortion. There is a leeway for abortion before 120 days. That is is in circumstances, for example, rape, halth, etc. Shari’ah does not permit fornication or any subsequent act. Abortion due to fornication is a compounded evil.

Abortion after 120 days is not permissible under any circumstances. The foetus already has life in it. Abortion of a live foetus is murder and a major sin. In such an instance, you will have to make Tawbah and also given one Gurra. That is the amount of 500 dirhams silver coins. One dirham is equivalent to 3.0618 grams. This be multiplied by 500 (which is 1kg and 530.9 grams of silver). Enquire about the value of the silver and work out the equivalent of that in your currency and give that in charity to the poor and needy.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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