Abortion

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# According to the fatwa of most contemporary jurists, abortion of a fetus is forbidden, even if it is the result of adultery (zina).<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 25, p. 253; Iravani, *Durus Tamhidiyyah fi al-Fiqh al-Istidlali*, vol. 3, p. 309; Khamenei, *Ajwibat al-Istifta'at*, p. 280; Hakim, *Murshid al-Mughtarib*, p. 355; Golpayegani, (if at least one of the parties to the adultery is a Muslim) *Mukhtasar al-Ahkam*; p. 137.</ref> The argument of some of these jurists is the general applicability of the evidence prohibiting abortion, such as the reliable narration of 'Ammar,<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 25, p. 253.</ref> and also that it is considered an instance of killing a soul (qatl al-nafs).<ref>Hakim, *Murshid al-Mughtarib*, p. 355.</ref>

# [[Mirza Jawad Tabrizi|Jawad Tabrizi]] permits the abortion of an illegitimate fetus under three conditions: (1) it is the result of rape, (2) maintaining the fetus would cause severe hardship for her, (3) and the abortion is performed before the ensoulment of the soul.<ref>Tabrizi, *Sirat al-Najat*, vol. 9, p. 273.</ref> [[Mohammad Ishaq Fayyadh]] has also sided with the fatwa of permissibility, removing the first condition.<ref>Fayyadh, *Tawdih al-Masa'il*, p. 744.</ref> Although the reasoning for the fatwa of Tabrizi and Fayyadh has not been specified, according to jurisprudential principles, the implication of the precedence of the evidence negating hardship over the evidence prohibiting abortion can explain part of the reasoning for this fatwa.

# [[Mirza Jawad Tabrizi|Jawad Tabrizi]] permits the abortion of an illegitimate fetus under three conditions: (1) it is the result of rape, (2) maintaining the fetus would cause severe hardship for her, (3) and the abortion is performed before the ensoulment of the soul.<ref>Tabrizi, *Sirat al-Najat*, vol. 9, p. 273.</ref> [[Mohammad Ishaq Fayyadh]] has also sided with the fatwa of permissibility, removing the first condition.<ref>Fayyadh, *Tawdih al-Masa'il*, p. 744.</ref> Although the reasoning for the fatwa of [[Jawad Tabrizi]] and Fayyadh has not been specified, according to jurisprudential principles, the implication of the precedence of the evidence negating hardship over the evidence prohibiting abortion can explain part of the reasoning for this fatwa.

Tabrizi and [[Sayyid Abd al-A'la Sabzevari|Sabzevari]] permit the abortion of an illegitimate fetus before the ensoulment of the soul only in a state of necessity for the mother, such as the fear of losing her own life. Tabrizi has introduced the fear of family dishonor and the loss of their good name as an example of necessity.<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 29, p. 327; Khoei and Tabrizi, *Fiqh al-A'dhar al-Shar'iyyah wa al-Masa'il al-Tibbiyyah (al-Muhashsha)*, p. 149.</ref> Sabzevari, in his reasoning, considers this issue to be a case of choosing between the more important (ahamm, preserving the mother's life) and the important (muhimm, preserving the illegitimate fetus) and considers preserving the mother's life to be precedent from a customary perspective, especially in cases where the mother has repented for her action.<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 29, p. 327.</ref>

Jawad Tabrizi and [[Sayyid Abd al-A'la Sabzevari|Sabzevari]] permit the abortion of an illegitimate fetus before the ensoulment of the soul only in a state of necessity for the mother, such as the fear of losing her own life. Jawad Tabrizi has introduced the fear of family dishonor and the loss of their good name as an example of necessity.<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 29, p. 327; Khoei and Tabrizi, *Fiqh al-A'dhar al-Shar'iyyah wa al-Masa'il al-Tibbiyyah (al-Muhashsha)*, p. 149.</ref> Sabzevari, in his reasoning, considers this issue to be a case of choosing between the more important (ahamm, preserving the mother's life) and the important (muhimm, preserving the illegitimate fetus) and considers preserving the mother's life to be precedent from a customary perspective, especially in cases where the mother has repented for her action.<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 29, p. 327.</ref>

==Threat to the Mother's Life==

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 # According to the fatwa of most contemporary jurists, abortion of a fetus is forbidden, even if it is the result of adultery (zina).<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 25, p. 253; Iravani, *Durus Tamhidiyyah fi al-Fiqh al-Istidlali*, vol. 3, p. 309; Khamenei, *Ajwibat al-Istifta'at*, p. 280; Hakim, *Murshid al-Mughtarib*, p. 355; Golpayegani, (if at least one of the parties to the adultery is a Muslim) *Mukhtasar al-Ahkam*; p. 137.</ref> The argument of some of these jurists is the general applicability of the evidence prohibiting abortion, such as the reliable narration of 'Ammar,<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 25, p. 253.</ref> and also that it is considered an instance of killing a soul (qatl al-nafs).<ref>Hakim, *Murshid al-Mughtarib*, p. 355.</ref>
-# [[Mirza Jawad Tabrizi|Jawad Tabrizi]] permits the abortion of an illegitimate fetus under three conditions: (1) it is the result of rape, (2) maintaining the fetus would cause severe hardship for her, (3) and the abortion is performed before the ensoulment of the soul.<ref>Tabrizi, *Sirat al-Najat*, vol. 9, p. 273.</ref> [[Mohammad Ishaq Fayyadh]] has also sided with the fatwa of permissibility, removing the first condition.<ref>Fayyadh, *Tawdih al-Masa'il*, p. 744.</ref> Although the reasoning for the fatwa of Tabrizi and Fayyadh has not been specified, according to jurisprudential principles, the implication of the precedence of the evidence negating hardship over the evidence prohibiting abortion can explain part of the reasoning for this fatwa.
+# [[Mirza Jawad Tabrizi|Jawad Tabrizi]] permits the abortion of an illegitimate fetus under three conditions: (1) it is the result of rape, (2) maintaining the fetus would cause severe hardship for her, (3) and the abortion is performed before the ensoulment of the soul.<ref>Tabrizi, *Sirat al-Najat*, vol. 9, p. 273.</ref> [[Mohammad Ishaq Fayyadh]] has also sided with the fatwa of permissibility, removing the first condition.<ref>Fayyadh, *Tawdih al-Masa'il*, p. 744.</ref> Although the reasoning for the fatwa of [[Jawad Tabrizi]] and Fayyadh has not been specified, according to jurisprudential principles, the implication of the precedence of the evidence negating hardship over the evidence prohibiting abortion can explain part of the reasoning for this fatwa.
-Tabrizi and [[Sayyid Abd al-A'la Sabzevari|Sabzevari]] permit the abortion of an illegitimate fetus before the ensoulment of the soul only in a state of necessity for the mother, such as the fear of losing her own life. Tabrizi has introduced the fear of family dishonor and the loss of their good name as an example of necessity.<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 29, p. 327; Khoei and Tabrizi, *Fiqh al-A'dhar al-Shar'iyyah wa al-Masa'il al-Tibbiyyah (al-Muhashsha)*, p. 149.</ref> Sabzevari, in his reasoning, considers this issue to be a case of choosing between the more important (ahamm, preserving the mother's life) and the important (muhimm, preserving the illegitimate fetus) and considers preserving the mother's life to be precedent from a customary perspective, especially in cases where the mother has repented for her action.<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 29, p. 327.</ref>
+Jawad Tabrizi and [[Sayyid Abd al-A'la Sabzevari|Sabzevari]] permit the abortion of an illegitimate fetus before the ensoulment of the soul only in a state of necessity for the mother, such as the fear of losing her own life. Jawad Tabrizi has introduced the fear of family dishonor and the loss of their good name as an example of necessity.<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 29, p. 327; Khoei and Tabrizi, *Fiqh al-A'dhar al-Shar'iyyah wa al-Masa'il al-Tibbiyyah (al-Muhashsha)*, p. 149.</ref> Sabzevari, in his reasoning, considers this issue to be a case of choosing between the more important (ahamm, preserving the mother's life) and the important (muhimm, preserving the illegitimate fetus) and considers preserving the mother's life to be precedent from a customary perspective, especially in cases where the mother has repented for her action.<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 29, p. 327.</ref>
 ==Threat to the Mother's Life==

Abortion: Difference between revisions