Abortion in the Hanbali School of Jurisprudence: A Systematic Ethical Approach

The Hanbali legal reasoning, by and large, draws on the text-based approach in isolation from the mere human opinions in an attempt to apply all texts as much as possible. Like other jurists, the Hanbali jurists believe that a fetus goes through three stages of development: nutfa (mixed of male and female gametes), alaqa (a clot of blood), and mudgha (chewed piece of meat), and each lasts for forty days before ensoulment occurs when it becomes a person. An abortion may take place in the stage of nutfa, since it is valueless. However, it is prohibited during the other two stages. Such prohibition is stricter after ensoulment. This general rule is equally applied to all natural and exceptional cases. However, some contemporary fatwas permit abortion in case the mother’s life is in danger even after the ensoulment. For the Hanbali School, the fetus is generally, not absolutely, independent; the fetal life is not entirely perfect, since it depends on her mother’s life. As to fetal malformation and similar emergencies, they are not legal excuses for abortion.