Wants to abort non-Muslim husband's child Fatwa No: 83677
- Fatwa Date:23-1-2002
What is the ruling for abortion in Islam if the woman married a non-Muslim man became pregnant and she wanted to have an operation?
All perfect praise be to Allaah, The Lord of the Worlds, I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all him companions.
Abortion is prohibited, since it constitutes an aggression against a human soul. Allaah has made such a practice unlawful even for a woman who becomes pregnant through sexual relations with a non-Muslim man.
Here, we state that if she married this man before embracing Islam, then she has to part from him at the moment she becomes a Muslim since Allaah Says (what means): {…And give not (your daughters) in marriage to Al-Mushrikeen till they believe (in Allaah Alone) and verily, a believing slave is better than a (free) Mushreek (idolater, etc.), even though he pleases you. …}[Quran 2:221].
Thus, a Muslim woman should separate from a non-Muslim husband unless he converts to Islam. After that, there are some rulings in Islam that organize their life.
As for a fetus, Muslim scholars stated that a baby should follow his/her Muslim parent since he/she is a Muslim by nature.
But, if the marriage took place after she had embraced Islam, then it was adultery (or fornication). Consequently, the Islamic conditions of a valid marriage do not apply to such a marriage.
Allaah Says (what means): {…they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them.…}[Quran 60:10].
Allaah Knows best.