My ans is very long...this is for others...Don u can read the highlighted only..but it will b better to read whole as it gives a complete answer to ur question...i think there will b no confusion left in ur mind....
Abortion can result from an action taken willingly by a woman,such as taking a special medicine, carrying a heavy load, strong physical activities, or by requesting that a doctor perform an abortion. It can also result from a violent action by others. Also, it can happen spontaneously without the woman’s will.
Abortion can occur either after the Ruh (soul) is given to the foetus or before that. If abortion occurs after the Ruh is given to the foetus, all Muslim jurists agree that it is forbidden regardless of whether it happens by the mother, father, doctor, or by an attack by somebody else.This is so because it is an attack on a human soul,which has a life and is protected by the Shari‘ah. It is a crime that requires the diya (blood-money) which is equal to ghurrah (the diya on a slave, male or female). This value is one tenth of the diya of a complete born human.
Allah said,
“And kill not anyone whom Allah has forbidden, except for a just cause.” [TMQ Al-Isra’: 33]
Imams Bukhari and Muslim narrated from Abu Hurayrah that “...the Prophet of Allah has judged on a foetus for a woman from Bani Lahyan, which was aborted, to pay a ghurrah, a slave male or female...” Ghurrah is paid when the foetus has signs of human organs, such as a finger, a hand, a foot, a nail, or an eye. Based on this, aborting the foetus which has the Ruh given to it is forbidden according to all Muslim jurists without any disagreement.
In the case where the foetus is aborted before the Ruh is given, there is a difference of opinion among the Muslim jurists about its shari‘i rule. Some of them allowed it and others prohibited it depending on the stage of pregnancy. It is our opinion that if abortion occurs after 40 or 42 days into the pregnancy, and at the time of the start of foetal formation, it will be prohibited.The ruling is similar to the one after the Ruh is given.As a result,diya needs to be paid which
is equal to one tenth of the value of the complete born human.This is the case because when the foetal formation starts, and some of the organs start to grow, such as the hand, foot, eye, or the nail, then it becomes certain that the foetus is on its way to becoming a complete human being.In this case, the rule in the previously mentioned hadith applies. It was narrated by Imam Bukhari that Abu Hurayrah said;
“...the Prophet of Allah peace be upon him has judged on a foetus for a woman from Bani Lahyan, which was aborted, to pay a ghurrah, a slave male or female...”
Also, Imam Muslim narrates from ibn Mas‘udthat he said that he heard the Messenger of Allah saying; “When 42 nights have passed on the nutfah (mixed male and female discharge of semen), Allah sends an angel to form it. He creates its hearing, vision, skin, flesh, and bones. Then, the angel says, O Allah! male or female? Then it will be ordered...”
In another narration, “40 nights” was mentioned instead of 42.The hadith indicates that formation starts and the organs start to show after 40 or 42 nights. Therefore, an attack on this foetus is an attack on a being that has a human life in it, which is sacred and protected by Shari‘ah.This will be called wa’d.Allah has prohibited this.
He said, “And when the female (infant) buried alive shall be questioned. For what crime was she killed” [TMQ At-Takwir:8-9]
Therefore, it is prohibited to abort the pregnancy by the mother, father,or doctor. Anyone who commits such an act, is committing a sin and a crime; he needs to pay a diya for the aborted foetus, which is equal to that of a male or a female slave, or one tenth of a complete born human, as reported in the authentic hadith.
As for aborting the foetus before the completion of 40 days of pregnancy, it is Islamically permitted, and there is no punishment for that. This is because it has not yet become a foetus, and it is still a nutfa.The hadith of aborting the foetus does not apply to it.Aborting the nutfa before becoming a foetus is like the ‘azl which is used to avoid pregnancy. ‘Azl is done by the male who does not want the female to become pregnant by him.‘Azl is to discharge the sperm outside the women’s vagina, and this will result in not utilising the sperm and, hence, its death. Also, this results in not utilising the woman’s egg. As a result, the sperm will not meet the egg, and pregnancy will not occur.
It was permitted by the Prophet of Allah who was asked by a man who had intercourse with his female slave and he did not want her to get pregnant by him; the Prophet told him, “make ‘azl if you want.”
Jabir ibn ‘Abdullah narrated that a man came to the Messenger of Allah and said,“I have a female slave who is our servant and helper in the palm trees, and I have a sexual relationship with her, and I detest that she becomes pregnant.” The Prophet said, “you can perform azl if you want, and she will get what is destined for her.”
The Prophet called azl the hidden wa’d in the hadith narrated by Judamah. Imam Muslim and Ahmad narrated on the authority of Judamah al-Asadiyyah, daughter of Wahb, who said, “I was with the Prophet of Allah among other people.... and they asked him about ‘Azl, and he said; “it is the hidden wa’d; she is the questioned female who was buried alive.”
In the book Lisan al-Arab, it says:“In the hadith, (the Prophet) made it unlawful to bury females (daughters) alive,which means to kill them.
In the hadith of ‘azl, (the Prophet says) “it is the hidden wa’d”, and in another hadith “this is the little wa’d.”
He made ‘azl like wa’d, but it is hidden because the one who does it intends to avoid having a baby; that is why he called it the little wa’d since wa’d of living girls is the big wa’d.”
Besides, the companions, may Allah be pleased with them, used to practice ‘azl when they wanted to avoid pregnancy during the time of the Prophet with his knowledge and he did not prohibit them.
Jabir ibn ‘Abdullah narrated that:
“We were practising ‘azl during the time of the Messenger of Allah, and the Qur’an was being revealed...” (agreed upon). Imam Muslim has another narration:
“We were practicing ‘azl during the time of the Prophet of Allah and he knew and he did not prohibit us.”
When it is allowed to abort the foetus:It is allowed to abort the foetus in the early stages of formation, or after the Ruh is given to the foetus, if competent doctors decide that if the foetus remains in the woman’s womb, it will lead to the death of the mother and the foetus. In this case, it is allowed to abort the foetus, and save the life of the mother. Saving lives is something that Islam calls for. This aborting is considered as a treatment, and the Messenger of Allah commanded people to seek treatment and cure.
Imlas:Imlas is to abort the pregnancy through an attack on the pregnant woman. It is a sin and a crime. A diya needs to be paid, which is a ghurrah, a male or a female slave.The value of the ghurrah is one tenth of the diya of a complete born person. It is narrated in the two books of Sahih, Bukhari and Muslim, that ‘Umar ibn al-Khattab had consulted the companions in the case of imlas of a woman who was hit on her stomach which resulted in aborting her foetus.
Al-Mughirah ibn Shu‘bah said;
“that the Prophet of Allah has decreed in this case with a ghurrah which is a male or female slave.” Muhammad ibn Maslamah seconded his narration (agreed upon).
