SHARIAsource

In the book Ijhāḍ: Aḥkāmuh wa-ḥudūduh fī al-sharīʿa al-Islāmiya waʾl-qānūn al-waḍʿī [Abortion: Related Islamic Rulings and Limitations in Islamic Law and in Modern Law] Muḥammad Ḥasan al-Nujaymī discusses the regulations and prohibitions surrounding abortion in Islamic law.

When asked under what circumstances is abortion, or ijhāḍ, permissible and whether it is permissible to have an abortion if one has too many children, Allama Muḥammad Yusuf from Banuri’s Dār al-Iftā', responds that it is not permissible to terminate a pregnancy after fourth months and is only permissible if the mother’s health is at risk from the pregnancy. He adds that it is forbidden to terminate a pregnancy over financial fears of having many children, even if the fetus is less than four months.

In response to a question on the abortion, or ijhāḍ, of a six month fetus with deformities in the thigh bones, Grand Muftī Shawky Ibrahim Allam of Egypt's Dār al-Iftā' states that scholars unanimously agree that if the age of the fetus reaches 120 days, the period when the soul is breathed into it, then it is impermissible to abort the fetus and absolutely prohibited in this case. However, he adds that if the mother’s physician decides that the survival of the fetus poses a danger to her life or health, then it is permissible to abort the fetus, prioritizing the stability of the mother’s life and health over that of the fetus.

Saudi Arabia's General Presidency of Islamic Research and Iftā respond to questions on abortion and the usage of ultrasound technology to determine the stage of a pregnancy. They state that although a fetus is recognized as the creation of a human being after 80 days based on the positions of Shaykh Muḥammad Ibn ʿUthāymīn and Shaykh ʿAbdul-ʿAzīz Ibn Bāz, with that marking the beginning of postpartum, if ultrasound technology identifies what appears to be an image of a human being prior to day 80, the fetus should still be recognized as the creation of a human being. They continue that if a pregnancy is past 80days, but ultrasound technology does not show a human image, then it is not considered a pregnancy.

The Mawsūʿa fiqhiyya [Encyclopedia of Islamic Law] (Kuwait 1998) documents several mainstream positions in classical Sunnī Islamic law on abortion. 

At Sistani.org, Ayatollah Sistani, states leading Shīʿī positions in response to varied questions on circumstances surrounding abortion, or isqāṭ al-janīn.

This fatwa forbids abortion from the moment the mother's uterus is implanted with a blastocyst. It does, however, permit abortion:

1. in the event of a medical emergency that threatens the mother's health or life;
2. if the foetus has a genetic deformity that will present future insurmountable problems for the child; or
3. the pregnancy was the result of rape, as confirmed by the victim's family, doctor, and ulama.

An abortion for the above reasons must be conducted before the foetus is 40 days old. Moreover, it must be conducted in a government-appointed health facility.

This fatwa states that performing an abortion is haram (forbidden) except for a legitimate medical reason, such as saving the mother's life.

This government regulation regulates the responsibilties of the provincial governments and central government in guaranteeing reproductive rights. It guarantees women's rights to pre-natal and post-natal health services, including that of teenagers who fall pregnant. It also guarantees the right to information relating to family-planning, including contraception and sexual health, and permits abortion only in certain instances. Access to non-natural means of conception is available to married couples only.

This fatwa supports the implementation of family planning (keluarga berencana) methods and programs for the sake of maternal and infant health, but does not condone vasectomies, unless pressing circumstances prevail. The fatwa asks the government to prohibit vasectomies, tubectomies and abortions for all Muslims, and to increase surveillance of the misuse of contraception for immoral purposes.

The fatwa also acknowledges the significant impact family planning can have on the environment and how it can facilitate national development.

This amicus brief was filed before the Supreme Court concerning the case of Dobbs v. Jackson Women's Health Organization. It was submitted by over 50 faith based organizations, including Muslim Advocates, a Muslim American organization. It argues that abortion is permitted under certain circumstances until approximately 19-20 weeks gestation by many schools of Islamic thought. It cites various scholars of Islamic law to say that, among Muslims, "there is no universally agreed-upon moment when a fetus becomes a person,” however "the predominant view is that a fetus acquires personhood 120 days from conception.”

This regional regulation replaces Tasikmalaya Municipal Regulation No. 12 of 2009. It obliges every person to implement the teachings of their own religion as a set of guidelines by which to live their lives, thereby avoiding the ignoble. Among its many provisions, it requires all persons to worship God, requires employers to make available prayer facilities for their employees, prohibits dubious economic and financial practices, mandates that the regional government and society increase the levels of religious education (both formal and informal) for younger people, and requires all persons to dress in accordance with their respective religious teachings, and local societal norms. In line with its predecessor, the regulation also prohibits the following:

1. becoming involved in corrupt practices and abusing one's position of power;
2. committing adultery or prostitution (heterosexual and homosexual);
3. gambling;
4. ingesting intoxicants (alcoholic and narcotic);
5. carrying out abortions;
6. viewing pornography;
7. charging interest (riba) and making speculative sales (ijon);
8. practising idolatry;
9. facilitating child exploitation;
10. participating in organised crime; and
11. disseminating deviant sects/understandings.

Resolution 90/7/9 (“Resolution”) cites primarily to a compendium of “research papers forwarded to the [IIFA] on the subject of AIDS” and to the Qur’an.  The Resolution addresses six different issues relevant to the treatment of individuals diagnosed with AIDS: (1) it is not necessary to isolate patients; (2) deliberate transmission of AIDS to a healthy individual is haram—Shari’a proscribed—and is “considered among the major evil sins and transgressions”; (3) abortion of a fetus by a mother infected with AIDS is impermissible; (4) it is permissible for a mother infected by AIDS to retain custody of her child and to breastfeed her child; (5) it is permissible for a wife to seek separation from a husband infected with AIDS; and (6) AIDS is considered terminal according to Shari’a when “all of its symptoms are present and the victim is no longer capable of carrying out ordinary living, and death is imminent.”

While this regulation was replaced by Municipal Regulation No. 7 of 2014, its purpose was to create societal awareness and understanding in terms of the importance of the values of Islamic teachings and social norms, as well as the consequences of conducting oneself contrary to these teachings, to ensure the people develop a wise temperament sourced from the Qur'an and Sunnah, to ensure that non-Muslims respect and value Islamic norms adhered to by the majority of the population, to increase the faith and religious obedience of Muslims to Allah Subhanahu Wa Ta'ala, and to create a peaceful and serene atmosphere.

The regulation obliges all Muslims who have reached puberty (usia aqil baligh) to wear clothing that covers their aurat in accordance with Islamic teachings. Non-Muslims are similarly required to respect and value this regulation and to dress appropriately, in accordance with Tasikmalaya customs and traditions. The regulation also appeals to Islam by prohibiting Muslims from:

1. becoming involved in corrupt practices and abusing one's position of power;
2. committing adultery or prostitution (heterosexual and homosexual);
3. gambling;
4. ingesting intoxicants (alcoholic and narcotic);
5. carrying out abortions;
6. viewing pornography;
7. charging interest (riba) and making speculative sales (ijon);
8. practising idolatry;
9. facilitating child exploitation;
10. participating in organised crime; and
11. disseminating deviant sects/understandings.

This Country Profile provides a basic overview of the legal history and institutional structures of Brunei Darussalam (Negara Brunei Darussalam), based on research produced by the Library of Congress. Under Brunei's Constitution, Islamic law (sharīʿa or fiqh) is the principal source of legislation. 

Chapters on nominate contracts (endowment, sales, options, barter/ mu‘āwaḍa, hire and lease, partnerships -shirka, muzāra‘a, musāqāt, muḍāraba-, reward/ju‘āla, deposit, fungible and non-fungible loan, agency, financial and personal guaranty, assignment, settlement, pledge, gift), shuf‘a, wills, inheritance, marriage and divorce, mahr, and alimony took almost all of its substance from prominent Shi’i fiqh treatises. Other chapters (classification of properties, easement, usufruct, general rules of obligations and contracts, nationality, registration of civil status, domicile, engagement, guardianship, and evidence) are mainly influenced by Swiss and French Civil Codes and Swiss Code of Obligations.