While Islam permits preventing pregnancy for valid reasons, it does not allow
doing violence to the pregnancy once it occurs.
Muslim jurists agree unanimously that after the foetus is completely formed and
has been given a soul, aborting it is haram. It is also a crime, the commission of
which is prohibited to the Muslim because it constitutes an offense against a
complete, live human being. Jurists insist that the payment of blood money (diya)
becomes incumbent if the baby was aborted alive and then died, while a fine of
lesser amount is to be paid if it was aborted dead.
However, there is one exceptional situation. If, say the jurists, after the baby is
completely formed, it is reliably esthat the continuation of the pregnancy would
necessarily result in the death of the mother, then, in accordance with the
general principle of the Shari'ah, that of choosing the lesser of two evils, abortion
must be performed.
For the mother is the origin of the foetus; moreover, she is established in life, with
duties and responsibilities, and she is also a pillar of the family. It would not be
possible to sacrifice her life for the life of a feotus which has not yet acquired a
personality and which has no responsibilities or obligations to fulfill. (Al-Fatawa by
Shaikh Shaltut p. 164.)
Imam al-Ghazzali makes a clear distinction between contraception and abortion,
saying, Contraception is not like abortion. Abortion is a crime against an existing
being. Now, existence has stages. The first stages of existence are the settling
of the semen in the womb and its mixing with the secretions of the woman. (It
was then believed that the mingling of the semen with the secretions of the
woman in the uterus caused pregnancy. (Trans.)) It is then ready to receive life.
Disturbing it is a crime. When it develops further and becomes a lump, aborting it
is a greater crime. When it acquires a soul and its creation is completed, the
crime becomes more grievous. The crime reaches a maximum seriousness when
it is committed after it (the foetus) is separated (from the mother) alive. (AI-Ihya,
book of "Al-Nikah" (Marriage), p. 74.)