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The question

Is abortion permissible in the early stages of pregnancy if it would impede the completion of a master's degree and delay childcare, given the fear that it is forbidden?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

It is unanimously impermissible to abort a fetus after the soul has been breathed into it. Before that, there is a difference of opinion among scholars.

- Absolute Permissibility: - Some Hanafis held this view before the creation of the fetus (i.e., before the soul is breathed into it), and Al-Lakhmi from the Malikis before 40 days, and Abu Ishaq Al-Marwazi from the Shafi'is before 40 days, and Al-Ramli in the case of a sperm from fornication. - This is also a view among the Hanbalis in the early stages of pregnancy, and Ibn Aqil argued that what the soul has not entered will not be resurrected.

- Permissibility only with an excuse: - This is essentially the Maliki school of thought. Ibn Abidin quoted Al-Khaniyya as stating its impermissibility without an excuse, and Ibn Wahban listed among the excuses the cessation of the mother's milk and the unavailability of a wet nurse, coupled with the fear of the child's demise. - Those who permit it absolutely would permit it here a fortiori.

- Absolute Dislike (Karahah): - This was stated by Ali ibn Musa, one of the Hanafi jurists, because the fluid in the womb is destined for life. It is also a view among the Malikis before 40 days, and a possibility among the Shafi'is.

- Prohibition: - This is the relied-upon view among the Malikis, so it is not permissible to remove the formed semen, even before 40 days. - It is the more probable view among the Shafi'is because the nutfa (sperm drop) after settling is prepared for the breathing of the soul. - It is the absolute position of the Hanbalis, who stipulated atonement and the ghurrah (a specified indemnity) for one who intentionally aborts a fetus.

The preponderant opinion is permissibility within the first forty days if there is an excuse and a benefit.

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Ftawy
Original fatwa ID
69085
Imported
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