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Abortion due to rape

Fatwaa ID: 2005

Question:
Aslamualaikum,

What’s the ruling of a woman that had been raped and she got pregnant and the person that raped is her cousin who is married. Is she allow to abort the child?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala grant her peace and comfort and heal her from her trauma. May her cousin get what he deserves, in this world and the next. She should rest assured that justice will be served. Allaah Ta’aala is al-‘Adl, the Just.

Islam has sanctified and honored every soul as well as potential soul. Accordingly, abortion has been ruled to be haraam. However, if there is a legitimate Shar’ee reason, i.e. proven or genuinely speculated abnormalities in the fetus, conception through rape or incest or definite permanent health risks for the mother- physical or mental health, then a dispensation may be afforded in the case of a fetus in which the rooh has not yet been breathed, i.e. within 120 days of conception. Beyond 120 days, it will not be permissible under any circumstances.

In the enquired situation, if the woman was raped and the pregnancy therefrom is less than 120 days, she will be excused to consider an abortion.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

06/16/1445 AH – 12/30/2023 CE | 749

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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