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Chapter IV

ABORTION CONTRACEPTION
STERILIZATION

ABORTION

The question of abortion has become a political issue and quite a hot one at that only a few decades ago, induced abortion, or willfull termination of pregnancy before the fetus attained viability, was completely within the domain of Obstetrics & Gynaecology, and was decided upon purely medical considerations. The medical profession used to be concerned for both maternal and fetal lives, and only when these were at irreconcilable conflict was the doctor permitted to sacrifice the fetus if this was the only way to save the mother. Social changes and radical revision of prevailing ideologies resulted in the change of both legislation and social outlook concerning abortion and many other practices, and in many countries abortion has been more and more accessible to women even without a medical indication. In many countries in the world now "abortion on demand" is practically the operating policy. The Islamic ruling on abortion cannot ignore the goings-on in the rest of the world, nor can it blind its eyes to the impact of the changing global climate and its implications for the nation of Islam. Typically the main resource of jurist scholars when proposing to solvejuridicial problems is a thorough review of their library. What was written by the heads of the juridicial schools and their principal disciples hundreds of years ago is given the status of well established teaching even though at their day it was quite innovative as it addressed emerging social patterns and new trends unknown before. The author of one of the four principal sunni sects, Imam Shafiai, actually issued two sets of teaching, the old while in Bagdad and the new when he later moved to Egypt and encountered a different social climate.

The tendency to shun innovation on the part of the majority of professional Muslim jurists is further compounded by a lack of awareness of what happens in the rest of the world, due to the lack of effective knowledge ofa foreign language and therefore having a window on the international scene. This linguistic limitation is the result of colonial policies on education fragmenting it to religious and civilian; a trauma that is hopefully being remedied now. On the positive side, however, is the IsIamic revival that has become increasingly noticeable over the past few decades. This is certainly a genuine movement although it remains concealed to many eyes by the clouds of lslamic emotionalism, ultrafundamentalism and sensationalism that are not part of it and are even obstacles in its way. This revival, together with the complexities of modem advances in science and technology, have made it essential and inevitable that Muslim scientists and Muslim jurists sit together to discuss contemporary issues in search for an IsIamic ruling on them. This is now becoming an established pattern, and the blessings are clearly palpable. An instant bridge between juridicial thinking and the forefront of world happenings has been established. After the solid foundations of Quran and sunna, old writings and teachings became guidelines but not dictators of juridicial ruling on the problems of our day. The discussion of a subject like abortion no more stops at the mere recitation of old books with their varying views, but account is taken of up-to-date medical and biological data as well as social and moral trends. This was quite obvious in several meetings participated in, such as the symposium on "Islam and Family Planning" (International Planned Parenthood Federation, Rabat, Morocco, 1970) and the seminar on' 'Islam and Reproduction', (The Islamic Organization of Medical Sciences, Kuwait, 1983). With this introduction we pursue the subject of "abortion".