What is the Islamic ruling on a husband who tries to make his wife have an abortion in the second month of pregnancy because he wants to divorce her, by giving her medicine against her wishes, although the abortion did not happen? Is that halaal or haraam? What is the expiation for that deed? Is it permissible to divorce a wife when she is pregnant? What is the ruling on forcing a wife to give up her rights before she is divorced?.<\/p>","answer":"
Firstly: <\/p>\r\n
Aborting pregnancy is not permissible, whether the soul has been breathed into the foetus or not, but after the soul has been breathed into it, the prohibition is more emphatic. If a husband orders his wife to have an abortion, it is not permissible for her to obey him. <\/p>\r\n
Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: <\/p>\r\n
As for trying to abort a pregnancy, that is not permissible so long as the death of the foetus in utero is not proven; if that is proven then it is permissible. <\/p>\r\n
Majmoo’ Fataawa al-Shaykh Ibn Ibraaheem<\/em> (11\/151). <\/p>\r\n Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: <\/p>\r\n Firstly: <\/p>\r\n Aborting pregnancy is not permissible. If a woman is pregnant the pregnancy must be protected, and it is haraam for the mother to harm this pregnancy or to put any kind of pressure on it, because it is a trust that Allaah has placed in her womb and it has rights, so it is not permissible to mistreat it, harm it or destroy it. The shar’i evidence indicates that it is haraam to abort pregnancy. <\/p>\r\n The fact that she cannot give birth without surgery is no justification for abortion. Many women cannot give birth without surgery, so this is not an excuse to abort the surgery. <\/p>\r\n Secondly: <\/p>\r\n If the soul has been breathed into this foetus and it has begun to move, then she aborted it after that and it died, then she is regarded as having killed a soul, so she must offer expiation by freeing a slave. If that is not possible then she must fast for two consecutive months as repentance to Allaah. That applies if it was four months old, because in that case the soul had been breathed into it. If she aborted it after that, then she must offer expiation as described above. This matter is very serious and cannot be taken lightly. If she could not bear the pregnancy because she is sick, then she should take medicines that prevent pregnancy before it begins, such as taking pills to delay getting pregnant until she regains her health and strength. <\/p>\r\n Al-Muntaqa<\/em> (5\/301, 302). <\/p>\r\n Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a man who said to his wife: Abort what is in your womb and the sin will be on me. If she did that in obedience to him, what expiation must they offer? <\/p>\r\n He replied: <\/p>\r\n If she did that, then they must both offer expiation by freeing a believing slave. If they cannot do that, then they must fast for two consecutive months, and they must give a male or female slave to his heirs who did not kill him, not to the father because the father is the one who ordered that he be killed, so he does not deserve anything. <\/p>\r\n The phrase “male or female slave” refers to the diyah for the foetus, the value of a male or female slave, which the scholars set at one-tenth of the diyah for the mother. <\/p>\r\n The ruling on abortion has been discussed previously in more than one question. Please see: 13317<\/a>, 42321<\/a> and 12733<\/a>. <\/p>\r\n Secondly: <\/p>\r\n With regard to divorcing a pregnant woman, it is a sunnah talaaq. It is widely believed among many of the common folk that it is contrary to the Sunnah, but there is no basis or evidence for their view. <\/p>\r\n Muslim (1471) narrated the story of how Ibn ‘Umar divorced his wife, and the Prophet (peace and blessings of Allaah be upon him) said: “Tell him to take her back and divorce her when she is pure (not menstruating) or is pregnant.” <\/p>\r\n Ibn ‘Abd al-Barr said: <\/p>\r\n With regard to the pregnant woman, there is no difference of opinion among the scholars that she may be divorced according to the Sunnah from the beginning of the pregnancy to the end, because her ‘iddah is until she gives birth. Similarly it was proven from the Prophet (peace and blessings of Allaah be upon him) in the hadeeth of Ibn ‘Umar that he told him to divorce her (his wife) when she was pure (not menstruating) or was pregnant, and there is no distinction between the beginning or end of pregnancy. <\/p>\r\n