A: I am terribly confused by your question. I have no clue as to what you mean by the phrase “illegal pregnancy.” Are you referring to rape? Incest? Marital relationship(s) prior to marriage/nikah? Etc. Thus, I am going to try and cover as much territory with my response below, since this question has come up prior, and I did not answer it due to the lack of timely resources.

Abortion remains a very sensitive topic in an era wherein it is assumed, ‘it is my body and my life and I can do as I please with my body.’ When views sanctioning abortion are condemned, religious institutions are viewed as patriarchal, fundamentalist, and primitive. The backdrop of this response shows the poise of Islamic accountability and actions as well as flexibility in its governance. Thus, our answer serves as a general response as it pertains to the abortion matter.

Muslims believe that all life and all death are from Allah. Life is sacred. Humans cannot dispose of life as they choose. Islam being a religion of balance does take extreme situations into consideration. Thus, although the Islamic stance is opposed to abortion in general, there are conditions in which permissibility does exist for its occurrence.

Allah’s opinion on life as derived from the Holy Qur’an:

Allah (swt) tells us: We have surely honored the children of Adam (AS) (Quran: 17:70.) This honor requires us to be respectful of self, that which is part of the self as well as the life of others.

When do I kill?

The debate regarding a situation that necessitates an abortion centers upon two critical areas for Muslims: is an abortion more appropriate prior to 120 days or after 120 days in situations demanding its accordance. Although the assumption by some ignoble Muslims is that prior to 120 days a woman can have an abortion, the correct opinion is that due to Allah placing a trust upon a woman with being pregnant, one cannot do as they please with their bodies or that which is part of their bodies at any point in their life. Thus, abortion without validity is viewed as monstrous, resembles a lack of pity upon an innocent life and removes from the heart of its doer the rights and sensitivity towards children.

Likewise, Sheikh Ibn Taymiyyah also states in his Fatawa Ibn Taymiyyah (V.4 page 217): Aborting the fetus has been confirmed unlawful with the agreement of all the Muslim scholars. It is analogous to burying an infant alive as referred to by Allah the Almighty in the verse: And when the female infant (that was) buried alive will be asked: (as a result of) what crime she was killed for (81: 8-9).

Islam gives preference to life over death and safety over harm. If an abortion must be committed, then as first choice, it must be done prior to 120 days; as an extreme second choice, if some added necessity came about which did not exist prior, than after 120 days an abortion can take place due to an extreme situation. The conditions that allow for an abortion would be that the child would not have a brain upon birth, a terminally linked disease would be attributed to child or other, retardation, death of mother due to birth,  or an abortion due to the rape or incest of a woman.   To do so in conditions other than the ones mentioned would not be viewed as an act that is religiously sanctioned, (unless approved by a group of legitimate scholars/physicians/jurists.)

Allah Certainly Knows Best.