Posts Tagged ‘fatwas’

UK Ramadan fasting times for 2017

May 22, 2017

Bismillah. As I’ve written about before, there are different views on excessive fasting hours in the summer at high latitudes such as the UK. I am not going to repeat those, but try to provide the scientific, astronomical data, information and knowledge to help support others to come to their own conclusions.

In this post, I give the dawn, sunset & possible fasting times for 2017, when mid-summer occurs towards the end of Ramadan: the average fasting times are slightly shorter than last year (2016), when they were maximum in the 33-year lunar/solar cycle, but not by much.

*I urge mosque timekeepers (muwaqqits) or others who develop fasting timetables to be transparent about the method they are using, and not vague references like “fiqh according to Madhhab X” because there are many views in every Madhhab. E.g. using an 18-degree or even 15-degree rule gives no timings for most of the UK. Fasting timetables in the UK summer should clearly state what method is used to arrive at the beginning time of fasting. Many timetables have excessive gaps between ‘dawn’ and sunrise of 2-3 hours with no sensible justification, since this is merely one possibility amongst many others and is indeed the most difficult for people. Indeed, with the summer midnight being at 1am BST, some of these timetables are forcing people to fast from soon after midnight. With the sunset-sunrise night length being 6-8 hours across the UK, the most reasonable view within this paradigm in my view is that of the last 1/6th, 1/7th or 1/8th of the night, giving a fasting time beginning an hour before dawn. However, other approaches are even more preferable. Over to others for discussion and to arrive at their own conclusions.*

Examples of dawn/sunset timings for the UK, 2017 (four UK capital cities)

This data is taken from HMNAO’s Websurf 2.0 website, and was reproduced with permission by the ASCL in their Ramadan 2017 guidelines. I have used the four UK capital cities, with three dates for each, roughly corresponding to the beginning, middle & end of Ramadan.

Date City Dawn (AST) Dawn (15D) Dawn (NAUT) Sunrise Sunset Fasting length (AST) Fasting length (15D) Fasting length (NAUT)
27 May London *** 0220 0305 0454 2103 *** 18:43 17:58
10 June   *** 0139 0245 0444 2117 *** 19:38 18:32
25 June   *** 0122 0243 0444 2122 *** 20:00 18:39
27 May Ed’burgh *** *** 0201 0441 2140 *** *** 19:39
10 June   *** *** *** 0428 2157 *** *** ***
25 June   *** *** *** 0428 2203 *** *** ***
27 May Cardiff *** 0232 0318 0506 2115 *** 18:43 17:57
10 June   *** 0152 0257 0456 2129 *** 19:36 18:32
25 June   *** 0136 0255 0457 2134 *** 19:58 18:39
27 May Belfast *** *** 0245 0500 2143 *** *** 18:58
10 June   *** *** 0159 0448 2158 *** *** 19:59
25 June   *** *** 0134 0448 2204 *** *** 20:30


AST
refers to astronomical twilight, when begins or ends when the sun is 18 degrees below the horizonKey:

15D refers to when the sun is 15 degrees below the horizon

NAUT refers to nautical twilight, when begins or ends when the sun is 12 degrees below the horizon

The astronomical definition of “dawn” is disputed, with various Muslim religious authorities adopting one of the three possible definitions given above.

*** in the above table means that the timing is not available, because the sun does not reach that far below the horizon. This happens every year during the summer at high latitudes, such as the UK.

 

NOTES:

  1. As confirmed by HMNAO, there is always a possible error of 1-2 minutes in sunrise and sunset timings: although we can calculate exactly the position of the sun relative to our horizons, refraction of the sun’s rays can introduce an error: the sun may be below the horizon but we see it just above, due to refraction.  (This does not always happen, of course: hence the error will be zero, one or two minutes.) This means that technically, mosque prayer timetables may wish to add 2 minutes to sunset timings and subtract 2 minutes from sunrise timings, just to be safe about the timings of the sunset and dawn prayers, and for breaking the fast.  However, this might also be hair-splitting: I recommend making these adjustments, but would not worry if they are not made.
  2. If we use astronomical twilight (Sun’s depression = 18 degrees) as the start of dawn, this does not occur at all during Ramadan 2017 in any of the four capital cities. Therefore, the fasting start time and fasting length would be undefined.
  3. If we use (Sun’s depression = 15 degrees) as the start of dawn, this does not occur at all during Ramadan 2017 in Edinburgh or Belfast. Therefore, the fasting start time and fasting length would be undefined in those cities. However, it does occur in London and Cardiff, giving fasting lengths of 19.5-20 hours during the month.
  4. If we use nautical twilight (Sun’s depression = 12 degrees) as the start of dawn, this results in fasting hours during Ramadan 2017 in London and Cardiff of 18-19 hours, and in Belfast of 19-20.5 hours. We only get defined fasting hours at the beginning of Ramadan for Edinburgh, of 19.5-20 hours.
  5. Hence, it should be obvious that some ijtihad is required, eg a fraction of the night or a lower angle of the Sun below the horizon to designate the “beginning” of dawn. Another option is sunrise-sunset fasting rather than dawn-sunset, as done by some of the Sahaba (Tafsir Ibn Kathir & Ibn Hazm’s Al-Muhalla), or other, non-literalist options that I have described elsewhere.

NB: Our local latitude determines the lowest angle the Sun will dip below the horizon at mid-summer (~22 June). This angle can easily be calculated by subtracting 66.5 degrees (the latitude of the Arctic & Antarctic Circles) from the local latitude.

E.g.:

Within the Arctic Circle (66.5 deg or higher latitude), lowest Sun angle = zero or higher: the sun doesn’t set at all in the “land of the midnight sun.”

Edinburgh (56.0 deg lat): lowest Sun angle at midsummer = 56.0 – 66.5 = 10.5 deg below the horizon

Belfast (54.6 deg lat): lowest Sun angle at midsummer = 54.6 – 66.5 = 11.9 deg below the horizon

London & Cardiff (both 51.5 deg lat): lowest Sun angle at midsummer = 51.5 – 66.5 = 15 deg below the horizon

*NB: even using these angles of 10.5 deg, ~12 deg, 15 deg & 15 deg for Edinburgh, Belfast, London & Cardiff respectively will give very long fasting hours, as the table of timings above demonstrates.

Btw for Paris (48.9 deg lat): lowest Sun angle at midsummer = 48.9 – 66.5 = 17.6 deg below the horizon, so using the 18-degree rule gives no timings for Paris or anywhere north of it either at midsummer.

Have a blessed Ramadan 1438 / 2017!

Usama Hasan, Fellow of the Royal Astronomical Society, UK

UK Ramadan fasting times for last year (2016)

May 22, 2017

Bismillah. As I’ve written about before, there are different views on excessive fasting hours in the summer at high latitudes such as the UK. I am not going to repeat those, but try to provide the scientific, astronomical data, information and knowledge to help support others to come to their own conclusions.

In the first of these posts, I am including the dawn, sunset & possible fasting times from last year (2016) because then, mid-Ramadan coincided with mid-summer, hence giving the longest average fasting lengths in the 33-year cycle as the lunar years move through solar years.

Examples of dawn/sunset timings for the UK, 2016
(four UK capital cities)

This data is taken from HMNAO’s Websurf 2.0 website, and was reproduced with permission by the ASCL in their Ramadan 2016 guidelines. I have used the four UK capital cities, with three dates for each, roughly corresponding to: beginning, middle & end of Ramadan.

Date City Dawn (AST) Dawn (15D) Dawn (NAUT) Sunrise Sunset Fasting length (AST) Fasting length (15D) Fasting length (NAUT)
07 June London *** 0147 0248 0445 2114 *** 19:27 18:26
22 June (midsummer)   *** 0117 0241 0443 2122 *** 20:05 18:41
06 July   *** 0156 0256 0452 2118 *** 19:22 18:22
07 June Ed’burgh *** *** *** 0429 2154 *** *** ***
22 June (midsummer)   *** *** *** 0427 2203 *** *** ***
06 July   *** *** *** 0437 2158 *** *** ***
07 June Cardiff *** 0159 0300 0457 2126 *** 19:27 18:26
22 June (midsummer)   *** 0131 0254 0456 2134 *** 20:03 18:40
06 July   *** 0209 0308 0504 2130 *** 19:21 18:22
07 June Belfast *** *** 0209 0450 2156 *** *** 19:47
22 June (midsummer)   *** *** *** 0447 2204 *** *** ***
06 July   *** *** 0219 0457 2200 *** *** 19:41

Key:

AST refers to astronomical twilight, when begins or ends when the sun is 18 degrees below the horizon

15D refers to when the sun is 15 degrees below the horizon

NAUT refers to nautical twilight, when begins or ends when the sun is 12 degrees below the horizon

The astronomical definition of “dawn” is disputed, with various Muslim religious authorities adopting one of the three possible definitions given above.

*** in the above table means that the timing is not available, because the sun does not reach that far below the horizon. This happens every year during the summer at high latitudes, such as the UK.

 

NOTES:

  1. As confirmed by HMNAO, there is always a possible error of 1-2 minutes in sunrise and sunset timings: although we can calculate exactly the position of the sun relative to our horizons, refraction of the sun’s rays can introduce an error: the sun may be below the horizon but we see it just above, due to refraction.  (This does not always happen, of course: hence the error will be zero, one or two minutes.) This means that technically, mosque prayer timetables may wish to add 2 minutes to sunset timings and subtract 2 minutes from sunrise timings, just to be safe about the timings of the sunset and dawn prayers, and for breaking the fast.  However, this might also be hair-splitting: I recommend making these adjustments, but would not worry if they are not made.
  2. If we use astronomical twilight (Sun’s depression = 18 degrees) as the start of dawn, this did not occur at all during Ramadan 2016 in any of the four capital cities. Therefore, the fasting start time and fasting length were undefined.
  3. If we use (Sun’s depression = 15 degrees) as the start of dawn, this did not occur at all during Ramadan 2017 in Edinburgh or Belfast. Therefore, the fasting start time and fasting length were undefined in those cities. However, it did occur in London and Cardiff, giving fasting lengths of 19.5-20 hours during the month.
  4. If we use nautical twilight (Sun’s depression = 12 degrees) as the start of dawn, this resulted in fasting hours during Ramadan 2016 in London and Cardiff of ~18.5 hours, and in Belfast of just under 20 hours at the beginning and end of Ramadan, but not in mid-Ramadan (mid-summer). We had no defined fasting hours throughout Ramadan 2016 for Edinburgh.
  5. Hence, it should be obvious that some ijtihad is required, eg a fraction of the night or a lower angle of the Sun below the horizon to designate the “beginning” of dawn.

NB: Our local latitude determines the lowest angle the Sun will dip below the horizon at mid-summer (~22 June). This angle can easily be calculated by subtracting 66.5 degrees (the latitude of the Arctic & Antarctic Circles) from the local latitude.

E.g.:

Within the Arctic Circle (66.5 deg or higher latitude), lowest Sun angle = zero or higher: the sun doesn’t set at all in the “land of the midnight sun.”

Edinburgh (56.0 deg lat): lowest Sun angle at midsummer = 56.0 – 66.5 = 10.5 deg below the horizon

Belfast (54.6 deg lat): lowest Sun angle at midsummer = 54.6 – 66.5 = 11.9 deg below the horizon

London & Cardiff (both 51.5 deg lat): lowest Sun angle at midsummer = 51.5 – 66.5 = 15 deg below the horizon

*NB: even using these angles of 10.5 deg, ~12 deg, 15 deg & 15 deg for Edinburgh, Belfast, London & Cardiff respectively will give very long fasting hours, as the table of timings above demonstrates.

Btw for Paris (48.9 deg lat): lowest Sun angle at midsummer = 48.9 – 66.5 = 17.6 deg below the horizon, so using the 18-degree rule gave no timings for Paris or anywhere north of it either, at midsummer.

Usama Hasan, Fellow of the Royal Astronomical Society, UK

Ibn ‘Ashur’s Discussion of the Hadith Cursing Women Who Wear Wigs, Tattoos, Etc.

July 25, 2016

Bismillah.  Many people think that tattoos are absolutely prohibited (haram) in Islam due to a particular hadith. The following discussion from Ibn ‘Ashur shows that this is not the case.

Ibn ‘Ashur’s Discussion of the Hadith Cursing Women Who Wear Wigs, Tattoos, Etc.

 

Translation: Usama Hasan, 25/07/2016

 

(1) al-Tahrir wa al-Tanwir

 

وليس من تغيير خلق الله التصرّف في المخلوقات بما أذن الله فيه ولا ما يدخل في معنى الحسن؛ فإنّ الختان من تغيير خلق الله ولكنّه لفوائد صحيّة، وكذلك حَلق الشعر لفائدة دفع بعض الأضرار، وتقليمُ الأظفار لفائدة تيسير العمل بالأيدي، وكذلك ثقب الآذان للنساء لوضع الأقراط والتزيّن، وأمّا ما ورد في السنّة من لعن الواصلات والمتنمّصات والمتفلّجات للحسن فممّا أشكل تأويله. وأحسب تأويله أنّ الغرض منه النهي عن سمات كانت تعدّ من سمات العواهر في ذلك العهد، أو من سمات المشركات، وإلاّ فلو فرضنا هذه مَنهيّاً عنها لَما بلغ النهي إلى حدّ لَعن فاعلات ذلك. وملاك الأمر أن تغيير خلق الله إنّما يكون إنما إذا كان فيه حظّ من طاعة الشيطان، بأن يجعل علامة لِنحلة شيطانية، كما هو سياق الآية واتّصال الحديث بها. وقد أوضحنا ذلك في كتابي المسمّى: النظر الفسيح على مشكل الجامع الصحيح .

 

(Tafsir or Qur’an-commentary of: {ولأضلنهم ولأمنينهم ولآمرنهم فليبتكن آذان الأنعام ولآمرنهم فليغيرنَّ خلق الله}

 

[Satan says: I will misguide them, and give them false hopes; I will instruct them and they will surely cut the ears of cattle; I will instruct them and they will surely change the creation of God, al-Nisa’, 4:121])

 

 

 

Ibn ‘Ashur says:

 

Modifying creation, in ways that God has allowed, or in beautification, is not included in “changing the creation of God.” For example: circumcision changes the creation of God but is done for health benefits; shaving the hair gives the benefit of preventing some harms; clipping the nails is for the benefit of facilitating manual work; ear-piercing for women is for adornment with ear-rings, etc.

 

As for what is narrated in the Sunnah of cursing women who use false hair and wigs, pluck their eyebrows [to thin them] or widen the gaps in their teeth, all for the sake of beauty, this is one of the difficult matters for interpretation (ta’wil). [Translator’s note: some versions of this hadith also mention women who have tattoos on their bodies.] I think its interpretation (ta’wil) is that its purpose is to forbid characteristics that were regarded as those of prostitutes or idolatrous, polytheistic women in that era. Otherwise, even if we regard these as (still) being forbidden, the forbiddance would not reach the extent of cursing the women who do so.

 

In short, “changing the creation of God” only applies where there is an element of obeying Satan by placing a symbol of a Satanic quality, as is the context of the verse and its link with the hadith. We have explained this clearly in my book, al-Nazar al-Fasih ‘ala mushkil al-Jami’ al-Sahih (A Broad Analysis of the Difficulties of [al-Bukhari’s] Authentic Collection).

 


 

(2) Maqasid al-Sharia

 

 

 

Maqasid al-Shari’a (3/268-9; Wizarah al-Awqaf al-Qatariyya)

Chapter/Section fi maqasid al-tashri’ al-‘aammah: ‘umum shari’ah al-islamOn the General Principles of Legislation: the Generality of the Law of Islam:

 

We are certain that customs of people have no right – as customs – to be forced upon other people in legislation, nor in fact to be forced upon the original people themselves. It is true that the Sharia does force such customs upon people if they do not depart from them, because their adhering to these [customs] and the customs being central to them renders the customs as equivalent to mutual conditions that are considered in their mutual transactions, since the people are silent about anything contrary to these. An example of this is the view of Malik, may God have mercy upon him, that a noble woman is not to be forced to suckle her child, since that is the custom generally accepted by the people, and thus is like a [legal] condition. Hence, he applied the saying of God Exalted, “Mothers are to suckle their children for two complete years” (2:233) specifically to women not of the nobility, or regarded its context as being for the purpose of specifying the time period and not for the principle of mandating suckling.

 

From this principle of imposing a tribe’s customs upon it within the Sharia, where such customs are related to obligatory or prohibited matters, it becomes clear to us how to clear the confusion and huge problems presented to the jurists in understanding many of the Sharia’s prohibitions of matters where one finds no harm at all.

 

For example: the prohibition of wigs, widening gaps between teeth and tattoos for women, in the hadith of Ibn Mas’ud that “the Messenger of God, may God bless him and grant him peace, cursed women who use or ask for wigs or tattoos, or who pluck their eyebrows or widen the gaps between their teeth for the sake of beauty, who change the creation of God.” The mind is almost lost at this, because it sees categories of adornment for women, of which other types are permitted, such as rouge, perfume and the tooth-stick, so it is confounded by such a strict forbiddance of them.

 

The correct interpretation of this in my view, and which I have not seen anyone else articulate, is that those states [qualities and actions] were symbols of a woman’s weak morality amongst the Arabs. Thus, the forbiddance of these was a forbiddance of the underlying cause, or of becoming exposed to a violation of dignity or honour because of these states [qualities and actions].

Click here for a PDF with both extracts from Ibn ‘Ashur, in Arabic and English: tattooing-etc-with-english-translation

A BRIEF DISCUSSION OF A FATWA PROHIBITING POKEMON

July 25, 2016

A BRIEF DISCUSSION OF A FATWA PROHIBITING POKEMON

The following discussion of old and new fatwas about Pokemon illustrates how even an innocent or innocuous children’s cartoon is made into a symbol of a binary division worldwide by islamist extremism.

09/04/2001 Al Qaradawi prohibits Pokemon http://www.aljazeera.net/news/cultureandart/2001/4/9/%D8%A7%D9%84%D9%82%D8%B1%D8%B6%D8%A7%D9%88%D9%8A-%D9%8A%D8%B5%D8%AF%D8%B1-%D9%81%D8%AA%D9%88%D9%89-%D8%A8%D8%AA%D8%AD%D8%B1%D9%8A%D9%85-%D8%A7%D9%84%D8%A8%D9%88%D9%83%D9%8A%D9%85%D9%88%D9%86

11/07/2016 Pokemon craze sweeps across the Middle East http://english.alarabiya.net/en/variety/2016/07/11/Pok-mon-craze-sweeps-across-Mideast-.html

14/07/2016 Al-Azhar condemns Pokemon ‘mania’ http://gulfnews.com/news/mena/egypt/al-azhar-condemns-pokemon-mania-1.1862458

20/07/2016 Pokemon Go ‘haram’ – The Council of Senior Scholars of Saudi Arabia has explicitly renewed its own 2001 fatwa prohibiting Pokemon, to include Pokemon Go http://www.arabnews.com/node/956681/saudi-arabia

Summary of 2001 Aljazeera.net article (translation by Usama Hasan):

Sheikh Yusuf al-Qaradawi issued a fatwa prohibiting the Japanese Pokemon cartoon series and related films and games, “in order to protect the minds, beliefs and character of our children as well as their money: these people have perfected the art of looting it from them by consent, and gradually drawing their fathers and mothers into agreement also.”

Sheikh Qaradawi explained that his fatwa prohibiting Pokemon was issued after discussion broke out about Pokemon, its Sharia ruling and whether it is halal or haram. The Sheikh added, “I was asked about this by many fathers and mothers concerned about bringing their children up in an authentic Islamic way, in which their beliefs would be sound, their worship correct, their souls purified and their manners and character upright.”

Qaradawi emphasised that his fatwa was based upon the views of devout believers who were also experienced thinkers and who knew the issues of art, drama and TV series etc. He warned that Muslim jurists must not rush to pronounce judgment on such issues before knowing its reality, “for the judgment upon something is derived from its conception, and the jurists usually are not aware of such matters because they do not watch such series or games, especially since these are for children.”

Sheikh Qaradawi specified five reasons that led him to prohibit Pokemon:

  1. It is a danger to our creed (‘aqidah), since it is based on Darwinian thought, known as the theory of evolution, the development of species and types from lower to higher and more powerful creations.
  2. It is a danger to a child’s mentality and his good, intellectual upbringing, since it implants in his mind imaginary matters that have no foundation, supernatural things that are not consistent with God’s natural ways. This is because these insects or new creatures (Pokemons) have weird and wonderful qualities that have no basis in either reason or tradition.
  3. Pokemon is a danger to a child’s character and their good relationship with those around them, since the film has unearthed the theory of conflict and survival of the strongest, which is also a Darwinian theory. The film and TV series promote perpetual conflict, continuous fighting and a cycle of violence amongst its characters.
  4. The Pokemon game involves a type of gambling [in this case, spending money without equal counter-value], which is prohibited by the Sharia, since the upgrades are sold for tens, hundreds or even thousands of riyals, dirhams, pounds or dinars, especially the most powerful upgrades.
  5. Pokemon has characteristic symbols that have their own indications, e.g. the “six-pointed star” that is related to Zionism and Freemasonry, and which has become a symbol of the usurpatory state named “Israel.”

[6] Qaradawi called upon Muslims and Arabs to have “our own special products that express our beliefs, values, laws, customs, heritage and civilisation. Our innovative writers, academics, artists, technologists, the rich and the powerful should work together to do this. Thus, we should present films and cartoon series that carry our message and express our personality and religious, cultural and civilisational identity in simple, eloquent and attractive language.”

Brief comments on the above points by Usama Hasan:

  1. Darwinism: interestingly, a leading 19th-century Western scientist regarded this as a Muslim theory: “ … the Mohammedan theory of the evolution of man from lower forms, or his gradual development to his present condition in the long lapse of time.” (History of the Conflict between Religion and Science by John William Draper, 1811-1882, Electronic Text Center, University of Virginia Library, p. 188) Furthermore, Sheikh Qaradawi himself later moved away from this blanket condemnation of evolutionary theory: “Even research into the beginning of creation [is allowed in Islam], as long as one keeps in mind that we are looking into creation, meaning that there is a Creator … Even if we assume that species evolved from species, this is only by the will of the Creator, according to the laws of the Creator … If Darwin’s theory is proven, we can find Qur’anic verses that will fit with it …” Al-Jazeera TV (Al-Shari`ah wal Hayat, Arabic), 3 March 2009
  2. This discussion could be applied to many weak hadiths and also to fiction, including science fiction that is known to help inspire scientists, e.g. Arthur C Clarke’s famous predictions of the emergence of the internet and other developments. For science fiction in an Arab/Islamic context, see the Sindbad Sci-Fi project (http://sindbadscifi.com/)
  3. For sure, violence in films, TV shows and computer games is a major matter of concern for humanity worldwide. However, Sheikh Qaradawi’s concern in this regard is undermined by his other fatwas permitting the murder of Israeli civilians, since he regards Israel as a “militarised society” and therefore does not recognise any Israeli adults as civilians.

    Note also that the “survival of the fittest” is an aspect of our biological nature that was recognised by Muslim thinkers over a thousand years ago, including Al-Jahiz (776-869 CE) and his “Struggle for Existence” theory that anticipated a type of crude Lamarckism, one of the precursory theories to Darwinian evolution. (See Rebecca Stott, Darwin’s Ghosts, Bloomsbury, 2012, Chapter 3: Al-Jahiz; cf. also Jim al-Khalili, Pathfinders, p. 76)

  4. Certainly, wasting large sums of money on useless computer games is wrong. But relaxation is part of, and preparation for, worship of God in the Islamic tradition and people are entitled to have a small budget for such leisure. Furthermore, computer games can aid and develop some neural and reflex skills.
  5. Note that the Moroccan flag, pre-Israel, also carried a six-pointed star, also known as the Star of David (Arabic: najm Dawud) or the Seal of Solomon (khatam Sulayman). Six-pointed stars are also found engraved on the walls built by the Ottoman Muslim ruler Sultan Suleyman the Magnificent around Al-Aqsa Mosque in Jerusalem, and on the tomb of the Prophet Muhammad’s maternal aunt Umm Haram in Cyprus (http://keehuachee.blogspot.co.uk/2013/07/part-2-hala-sultan-tekke-mosque-in.html). Since David and Solomon are revered “Prophet-Kings” in the Qur’an and the Islamic tradition, it is wrong to condemn their symbols. Indeed, Sufis such as Idries Shah and Martin Lings comment on the vertical-horizontal mystical symbolism of the six-pointed star.

    Furthermore, researchers into anti-semitism correctly note that “criticising Israel is not anti-semitism, but singling Israel out amongst the world’s states for criticism is anti-semitism.” (Similarly, I would argue that criticising Islam is not Islamophobia, but singling out Islam amongst the world’s religions, philosophies and traditions for criticism is Islamophobia.)

  6. The desire to preserve one’s own values is understandable, but nationalism taken to an extreme becomes fascism. The above fatwa was issued before 9/11 and smacks of divisive, us-vs.-them discourse, not to mention that it places Japanese Muslims in a very difficult situation, cf. A History of Islam in Japanhttps://unity1.files.wordpress.com/2009/06/islam-in-japan.pdf). It is also unhelpful for Western Muslims, Chinese Muslims, Indian Muslims and others. There is a certain irony about an Arab Sheikh using Western and Japanese technology to promote a xenophobic message, as though violence and other problematic issues do not exist within Arab and Muslim culture.

    The 99 (Islamic Superheroes) by Dr Naif al-Mutawa, produced 2006-2013, are arguably the kind of thing that Qaradawi was calling for. But here is a sobering reminder of some of the reaction to it (https://en.wikipedia.org/wiki/The_99): Saudi clerics ruled the series blasphemous because the superheroes of its title are based on the 99 attributes ascribed to Allah in the Holy Quran. The Grand Mufti Abdulaziz al-Sheikh said, “The 99 is a work of the devil that should be condemned and forbidden in respect to Allah’s names and attributes.” The original comic strip version, first released in 2006, had already run into opposition from Muslims not only in Saudi Arabia but also in neighboring Kuwait, where it was created and produced by media executive Nayef al-Mutawa. Andrea Peyser, columnist at the New York Post, wrote in October 2010: “Hide your face and grab the kids. Coming soon to a TV in your child’s bedroom is a posse of righteous, Sharia-compliant Muslim superheroes, including one who fights crime hidden head-to-toe by a burqa.” In 2014, The Kuwait Times reported that ISIL members had issued death threats and offered unspecified rewards for the assassination of Dr. Al-Mutawa, via Twitter. Al-Mutawa defended the work saying that he had received clearance from sharia scholars and never would have gone ahead with the project had he not.

    See also Burka Avenger (http://www.burkaavenger.com/), an award-winning homegrown Pakistani cartoon series (2013-present, https://en.wikipedia.org/wiki/Burka_Avenger) that is currently aired by Nickelodeon in Pakistan.

What we do need now is an inclusive discourse of universal, shared values, of replacing a “clash of civilisations” with a dialogue and co-operation of civilisations.

Usama Hasan, 15/07/16 (edited 25/07/16)

Fatwa concernant le jeûne du mois de Ramadan au cours de l’été en Angleterre et les latitudes élevées

June 3, 2016

Bismillah al-Rahman al-Rahim 

 

Fatwa concernant le jeûne du mois de Ramadan au cours de l’été en Angleterre

 

Un certain nombre de personnes m’ont questionné sur la durée excessive du jeune pendant les mois estivaux en Angleterre.

 

Parmi celles-ci figurent ceux qui se sont mis récemment au jeûne, ainsi les personnes dans la force de l’âge ou âgées qui désirent jeûner mais ne parviennent pas à supporter les trop longs jours.

 

La durée d’une journée en Angleterre est d’à peu près 17 heures, du lever au coucher de soleil.

 

Puisqu’il n’y a pas de consensus quant au lever du soleil, la durée varie entre 19 heures et 20H05.

 

Cette durée augmente au fur et à mesure que l’on progresse vers le nord, spécialement en Écosse et Irlande du nord.

a/ Par exemple, j’ai visité Dublin en Juin 2000 : les prières du soir au Centre Islamique de Dublin (Mosquée de Clonskeagh) avaient lieu à 22H30, suivies par les prières nocturnes à minuit et celles de l’aube à 02 heures. En partant du principe que l’aube est à 01h du matin, cela donne une période de jeune de 21H30, de l’aube au coucher de soleil.

b/ En revanche, j’ai visité Stockholm en décembre 99 : le lever de soleil était à 10H30 et le coucher à 15H30. En hiver, la période de jeune est de seulement 06 ou 07 heures (alors qu’elle est de 09 ou 10 heures dans le sud de l’Angleterre).

 

Afin de réduire la période de jeune, notez que certains des Sahaba (Compagnons du Prophète), dont Hudayfa bin al-Yaman et ses héritiers mangeaient jusqu’au lever du soleil ou juste avant. Tabari et Ibn Kathir mentionnent plusieurs récits rapportant ce fait sous Coran 2:187, bien que les 2 rejettent cette pratique basée sur une lecture trop littérale (ils vivaient dans des pays aux climats modérés). Ibn Hazm approuve cette pratique dans son Al-Muhalla.

 

Les juristes ont discuté de ce point de droit concernant les latitudes élevées (tout ce qui est supérieur à 45 degrés selon Mustapha ZARQA, soit à mi distance entre l’Équateur et les Pôles). Ainsi que le Sheikh Muhammad Abduh, Grand Mufti d’Égypte le mentionne dans le Tafsir al-Manar, ils mentionnent de façon classique deux possibilités afin d’avoir des périodes plus modérées:

 

a/ Suivre les périodes des pays de la Révélation (La Mecque et Médine), tout au long de l’année, la période de jeûne y étant de 12 à 15 heures de l’aube au coucher du soleil

b/ Suivre les périodes du “pays modéré” le plus proche.

 

Abduh ajoute : “Ces deux options sont toutes deux valides puisque c’est une question de jugement (itjihad) et qu’il n’y a aucun texte équivoque à ce sujet.”

 

Vous noterez que se référer aux périodes du “pays modéré le plus proche” est équivalent au fait de suivre les “périodes modérées” de votre propre pays, c’est à dire le printemps ou l’automne, pendant lesquelles jour et nuit sont de durées similaires.

 

Abduh n’est pas le seul à prendre pareille fatwa. Il se réfère à des juristes plus anciens  de plusieurs siècles. Après lui, sa fatwa a trouvé un écho chez Mustapha Zarqa, Ali Tantawi et Jad al-Haqq, parmi d’autres. Les textes et les discussions afférents à ces fatwas peuvent être trouvés sur Internet.

 

La fatwa ci-dessus implique de séparer le jeûne de la période aube/ coucher de soleil.

 

L’esprit du jeûne est clairement “du matin au soir” et se focalise sur les aspects intérieurs sans couper les cheveux en quatre quant aux aspects externes.

 

Le fameux passage du Coran sur le jeûne 2:183-7 commence et finit avec taqwa (la conscience de Dieu) et inclut ce passage d’une sagesse mémorable: “Dieu désire que cela soit facile pour vous et non pénible … que vous arriviez au terme, magnifiez Dieu de vous avoir guidé et remerciez-le”.

 

Ce verset est en fait la base de nombreux hadiths dont le propos est de faciliter la pratique religieuse suivant le principe classique Hanafi (atteindre le bien même en opposition avec le raisonnement analogique) en accord avec 39:17-18 (cf. la première page du Kitab al-Istihsan dans le Al-Mabsut de al-Saraksi ainsi que les précisions des juristes contemporains sur Taysir (sujet facilitant), composant de l’esprit Prophétique et principe de la sharia.

 

Dans des circonstances exceptionnelles, le Prophète (la Paix soit sur lui) comprenait que “matin” et “soir” étaient relatifs aux habitudes et cultures des gens.

 

Hadith: Safwan bin Mu’attal, qui, vierge, fut impliqué avec Aïsha, mère des croyants, dans les scandaleuses rumeurs qui firent trembler Médine postérieurement à l’expédition de Mustaliq, fini par se marier. Sa femme rendit visite au Prophète et reprocha trois choses à son mari (Le Prophète défendit celui-ci et pardonna concernant les trois reproches). Une de celles-ci était que celui-ci “ne se levait pas pour la prière de l’aube et ne priait qu’après le lever du soleil quand il se levait”. Quand le prophète le questionna à ce sujet, il lui répondit que sa tribu ne se levait traditionnellement qu’après le lever du soleil et non à l’aurore. La sage réponse du Prophète fut la suivante: “Dans ce cas, prie quand tu te réveilles” (Fa idha-stayqazta fa salli, une hadith censée dans le Sunan, considérée comme authentique par Albani dans son évaluation des hadiths de Mishkat al-Masabih).

 

Ainsi, par exemple, ceux qui travaillent de nuit, œuvrant de nuit et dormant la journée, devraient jeûner pendant la nuit, la nuit étant devenu le jour pour eux et inversement. Le Coran qui encourage le jeune pendant la journée déclare de la même façon que la nuit est réservée au sommeil et le jour au travail (exemple: 78:9-11).

 

Un sheikh Azhari me suggéra récemment que 12 heures de jeûne étaient suffisantes, cela étant fondé sur la durée moyenne d’une journée: Ceci est vrai pour une journée durant du lever au coucher du soleil, quel que soit l’endroit sur Terre. Si on utilise la durée aube-coucher du soleil, on a des périodes de jeune de 13-14 heures. Notez que cette approche implique de conserver un jeune de même durée, sans rapport avec la saison pendant laquelle tombe le ramadan. En hiver, le jeûne serait bien plus long que si on se conformait à la période aube-coucher du soleil et certain d’entre nous suivent cette approche. Ceci fait référence au “jeune continuel” (sawm al-wisal où le jeûne continue la nuit): le Prophète le pratiquait pendant plusieurs jours d’affilée mais ne l’autorisait pas à ses disciples, à moins que ceux-ci soient certains d’en être capables.

 

Je suis informé que les musulmans de Norvège utilisent une période de 14 heures pendant l’été.

 

Un cas à part devra être fait du jeûne de 16 heures, fondé sur le point de vue de l’Imam Ghazzali suivant lequel le maximum qu’une personne soit dormir pendant une nuit est un tiers de la journée et de la nuit, à savoir 08 heures.

 

Insister sur le fait que ceux qui sont incapables de compléter de longs jeûnes devraient les faire à un autre moment est équivalent à déplacer le Ramadan de l’été vers l’automne, l’hiver ou le printemps.

 

CONCLUSION / FATWA

 

Que toutes nos louanges soient adressées à Dieu, La Paix et les bénédictions soient sur les Messagers de Dieu.

 

1/ Ceux qui veulent se conformer à la période aube-coucher du soleil, soit des jeûnes de 18 à 21 heures et peuvent le faire sans risque sont libres de le faire.

2/ Ceux pour qui cela est insupportable ou qui sont d’avantage convaincus par une approche non littérale de “matin jusqu’au soir” que par une approche littérale “aube jusqu’au coucher de soleil” peuvent jeûner pendant 12 ou de façon préférable 14 à 16 heures, commençant à l’aube, lever du soleil ou même leur déjeuner matinal habituel (petit déjeuner!). Ces horaires modérés sont fondés sur des fatwas de juristes vieilles de plusieurs siècles pour des latitudes élevées.

3/ Quelle que soit la période pendant laquelle une personne jeûne, elle ne doit pas se sentir supérieure aux autres. L’esprit du ramadan et du jeûne incluent la conscience de l’existence de Dieu, la patience, la persévérance, la gratitude, la prière, la vénération, la charité, la générosité, l’humilité, la purification de soi, le développement personnel, le fait d’aider les autres, la pitié, la compassion, le pardon, le fait de baisser les yeux (de ne pas adresser de regards lubriques à d’autres et n’avoir dans le cœur que Dieu), et le souvenir et l’amour de Dieu.

 

Puisse Allah le seul et l’unique possesseur d’une infinité de beaux noms, bénir l’humanité pendant ce mois et nous couvrir de sa grâce.

 

Sheikh Dr. Usama Hasan (Londres, Grande Bretagne)

 

1er Ramadan 1435/ 29 juin 2014 (updaté 6ème Ramadan, 4 juillet)

 

Traduit par Maître Charles Emmanuel Herbière

 

aussi: http://oumma.com/220871/fatwa-ne-parviennent-a-jeuner-cours-de-l-ete-angleter

 

Abortion – Rulings in Islamic Jurisprudence and Muslim-majority countries

October 23, 2014

Bismillah.  Here is a translation I put together for my presentation at the International Summer School on Science and Religion, Paris, August 2014.

The discussion is interesting because these Sharia scholars refer to the modern science of embryology in their discussion, although there are one or two minor errors in the scientific references.  The traditional juristic positions are based on Qur’an/Hadith, so abortion is prohibited after 0, 40 or 120 days, with some exceptions.  Thus the hadiths are not conclusive.  But the science is not conclusive either as to “beginning of life”: people make a case for 0 days (conception), 40 days (foetal brain activity) or 120 days (development of major organs).  Note that the latter two views are relevant to “end of life” discussions also, i.e. brain-death vs. organ-death.  In the end, this is a complex ethical problem with medical and religious input: the material provided below is intended to educate, clarify and provoke thought and debate around this difficult topic.

Rulings on Abortion – Islamic Jurisprudence (PDF)

Abortion laws in OIC countries – summary (PDF with UK, US & France for comparison; the 7 most common justifications for abortion in legal systems around the world are interesting, according to the UN; research by Sofia Patel)

[Update 26/10/2014:]

Here are some suggested study/discussion questions:

1. What does Islamic tradition say about the beginning of life? (0 days = conception; 40-49 days = 6-7 weeks; 120 days = 4 months = 17 weeks 1 day)

2. Are the hadiths about ensoulment after 40 or 120 days related to Aristotle’s view (40 days for boys; 80 days for girls) ?  Do these have a common origin (e.g. divine revelation), or did Greek ideas influence the transmission of some hadiths?

3. Is Ibn al-Qayyim’s comparison of pre-ensoulment foetal life to plant life valid? Is this related to the Ikhwan al-Safa’s theory about mineral/plant/animal/human soul, all derived from the Cosmic Spirit?

4. Is abortion ever justifiable in Islam?  If so, under what conditions?

5. How far are the 7 international legal justifications for abortion, listed by the UN, compatible with the holistic, universal objectives of Islamic law (maqasid al-sharia) ?

6. Islamic jurists often speak about the danger to a mother’s life or health in discussions about abortion.  Are considerations of a mother’s mental health also relevant or included in such discussions?

7. Are there are any other considerations regarding the welfare (maslaha) of mother and foetus/child, consistent with the letter and spirit of Islamic law, that should be taken into account in such discussions?

With the Name of God, All-Merciful, Most Merciful

 

ABORTION, STAGES OF THE EMBRYO AND THE BEGINNING OF LIFE

 

Summarised from: Dr. Ali Muhyi l-Din al-Qarahdaghi & Dr. Ali Yusuf al-Muhammadi, Fiqh al-Qadaya al-Tibbiyyah al-Mu’asirah (Jurisprudence of Contemporary Medical Issues), Dar al-Basha’ir al-Islamiyyah, Beirut, 1426/2005, pp. 428-451

 

Summary and translation by Dr. Usama Hasan

August 2014

 

 

Contents

 

1        A General Ruling on Abortion. 2

 

2        Specific Rulings on Abortion, related to the Stages of the Embryo. 2

 

2.1        The “mixed fluid” stage (al-nutfah al-amshaj): days 0-8. 3

2.2        The “clinging” stage (al-‘alaqah): days 9-22/23. 3

2.3        The “chewed lump” stage (al-mudghah): days 23/24-42, i.e. up to 6 weeks. 3

2.4        The stage of the creation of bones, and the clothing of them with flesh. 4

2.5        When is the spirit breathed in? [ensoulment] 4

2.6        [The view of modern science] 5

2.7        Our view.. 5

 

3        Rulings on Abortion. 7

 

3.1        [Fatwa of the Islamic Fiqh Academy] 8

3.2        [Resolution of the Islamic Organisation for Medical Sciences] 8

3.3        Views of past jurists about abortion. 8

3.4        [Discussion] 9

3.4.1        [Abortion is prohibited in general, as per Ghazzali’s view] 9

3.4.2        [Ibn Taymiyyah’s view] 10

3.5        Summarised Juristic Rulings Related to Foetuses. 10

3.6        The Ruling on Abortion due to Deformities. 11

 

 


1. A General Ruling on Abortion

Abortion is, in general, haram (morally and legally prohibited and sinful) unless out of necessity due to the mother’s life: abortion is allowed if the mother’s life is in danger, or if she is in danger of great and severe harm.

 

This is indicated by all the Qur’anic verses that prohibit transgression on any person’s life in any stage of life, e.g. Whoever kills one person … it is as though he has killed all people;[1] Do not kill your children due to poverty: we sustain you and them;[2] Do not kill your children due to fear of poverty: we sustain them and you.[3]

 

As for abortion being allowed to save the mother’s life, this is from the evidence indicating that the foetus owes its existence to the mother so it cannot cause her death; also, her life is real and stable, and is therefore preferred over the foetus’ life that is not certain. This falls under repelling a greater harm by tolerating a lesser harm.[4]

 

2. Specific Rulings on Abortion, related to the Stages of the Embryo 

The specific ruling on abortion is connected to the stages of the embryo, from the fertilisation of ovum by sperm to the breathing of the spirit into it and the completion of these stages.

 

The Qur’an mentions that the human was created from dust that turned to dry clay. Clay includes various minerals such as iron, phosphorus, calcium, copper, etc. It also has subtle plant-like and animal-like structures. God created Adam from this clay, and from Adam He created Eve. Then natural reproduction continued with the mixing of the man’s semen and the woman’s ovum, each one of them contributing 23 chromosomes to the genetic code. God calls this the “mixed fluid.”[5] This is the basis of the creation of humans, except for the miraculous creation of Jesus, peace be upon him.[6]

 

The stages of the embryo, [that give rise to] the ruling on abortion at each stage, are as follows:

 

2.1    The “mixed fluid” stage (al-nutfah al-amshaj)[7]: days 0-8

 

This is the fertilisation of the ovum by sperm, and may be done artificially outside the womb. The fertilised cell divides, becoming 16 cells after about 4 days. These settle in what the Qur’an calls a “safe place,” i.e. the womb: Then We made him a drop of fluid in a safe place.[8]

 

2.2    The “clinging” stage (al-‘alaqah): days 9-22/23

 

God described this stage with “creation”[9] whereas the previous stage was described as “making,” indicating that this stage has characteristics and changes that make it deserving of such a label.[10]

 

The ‘alaqah linguistically relates to “clinging,” i.e. to the womb wall. The group of cells that developed by division from a single one are composed essentially of a nucleus and cytoplasm, having no limbs or other distinguishing structures of a human body, but they suck their necessary sustenance and oxygen inside the womb from the structures and fluids around them.[11] This stage lasts 2 weeks.

 

2.3    The “chewed lump” stage (al-mudghah): days 23/24-42, i.e. up to 6 weeks

 

This stage is so named[12] because the embryo looks like it has been chewed by a human mouth. During this stage, the heart cavity forms, as do the reproductive organs. The small umbilical cord, which grows as the foetus develops, transports the necessary sustenance and oxygen to the foetus from the mother and its waste products in the other direction.

 

All the stages, up to and including this one, end around 40-42 days, as stated by specialist doctors and embryologists. Around 42 days, a new stage of development begins, when the embryo begins to take the form of a human being with all its apparatus, following which the stage of a new creation beings after the breathing of the spirit: We clothed the bones with flesh, then We began a new creation – so Blessed is God, the Best of Creators![13]

 

Scientific instruments and investigation, as well as imaging of the foetus inside the womb, have all shown us that the foetus takes the form of a human after the sixth week, i.e. after about 42 days of pregnancy,[14] and this is also indicated by the hadith of Sahih Muslim (see below).

 

2.4    The stage of the creation of bones, and the clothing of them with flesh

 

The skeleton begins to become apparent after 40 days. Its initial centres of development are the jaw and collar-bone, followed by the thigh and shin.

 

2.5    When is the spirit breathed in? [ensoulment]

 

[Canonical hadiths speak of three stages of creation of the foetus, each lasting 40 days, after which there is ensoulment. However, the hadiths are slightly ambiguous as to whether these three stages are consecutive or parallel. Respectively, these two interpretational possibilities imply ensoulment after 120 days or 40 days, and traditional authorities are indeed divided into two camps about this. Interestingly, Aristotle taught that ensoulment for boys and girls occurred after 40 days and 80 days, respectively. – Translator’s note]

 

All the stages, up to and including this one, end around 40-42 days, as stated by specialist doctors and embryologists. Around 40-42 days, a new stage of development begins, when the embryo begins to take the form of a human being with all its apparatus, following which the stage of a new creation beings after the breathing of the spirit. The foetus takes the form of a tiny human after the sixth week, i.e. after about 42 days of pregnancy. This is also indicated by the various narrations of Sahih Muslim that mention the basic creation of a person in their mother’s womb taking 40, 42 or 45 days and nights. One narration mentions “40 plus a few nights.”[15]

 

Hafiz Ibn Hajar says, “Once the fluid remains in the womb for 40 days or nights, God gives permission for its [full] creation … this is when the angel descends upon it … The narrations of the hadith of Ibn Mas’ud agree on 40 days; the hadith of Anas does not mention any timing; the narrations of Hudhayfah’s hadith differ: some of them mention 40, others 42, 43, 45 or ‘40 plus a few’.”[16]

 

The scholars reconcile these narrations by saying that they may differ according to individual embryos; according to Qadi ‘Iyad, the narrations mean that the following stages occur at the beginning of the second period of 40 days, i.e. days 41-80.[17]

 

2.6    [The view of modern science]

 

In modern embryology, this period of days 40-49 is when the embryo becomes a foetus, and when ultrasound is able to detect the beating heart. The bone skeleton also begins to appear.[18] Hence, these narrations do not contradict.

 

Modern science also indicates that the initial creation (Stages 1-3) is completed in the first 40-odd days. However, one hadith in Bukhari and Muslim appears that to say that each of Stages 1-3 takes 40 days, after which the spirit is breathed in, i.e. after four months or 120 days.[19]

 

However, if we analyse this hadith carefully, we find it does not unequivocally indicate the meaning that the previous people of knowledge understood. In fact, its beginning agrees with the others hadiths of Sahih Muslim which say that all three stages are completed within the first 40-odd days. The word thumma can mean “then” for consecutive stages or “moreover” for simultaneous stages. “With such interpretations,” says the leading authority Dr. Muhammad Salam Madhkur, “the hadith agrees with modern medicine.”[20]

 

2.7    Our view

 

There are three major stages, based on our understanding of the hadith of Ibn Mas’ud in Bukhari:

 

  1. From the fertilised egg to the beginning of the small human form (0-40 days, roughly)
  2. Formation of a small human (40-120 days, roughly)
  3. Breathing of the spirit (ensoulment), i.e. 120 days onwards

 

Any intentional harm to the embryo is haram (prohibited) after 40 days.

 

In terms of life:

 

  1. 0-40 days – there is the lowest level of life, beginning with the developing cell life. Cell division leads to similar living cells that form a structure, but this does not reach the level of human life.
  2. Week 6: the foetus begins to take the form of a small human. Ultrasound detects its heart beating. Blood circulation begins to work. Major skeletal nodes appear.
  3. Week 7: Thigh and shin bones appear.
  4. Week 8: Upper and lower arm bones appear, as do weak, stretching movements.       However, this does not represent complex human life.
  5. End of Week 11- Week 12: the foetus enters a new, distinctive stage. Its brain is developed, its functions start: the beginning of a human entity emerges clearly, as follows. Movements develop from reflex reactions to complex, compound actions such as bending the back, raising the head, kicking the feet and moving the mouth and lips. Brain stem activity begins, sending electrical signals to the heart.       Periods of rest and stillness follow activity and movement: sleep and waking, sensation and shock, jump and play. Electrical signals appear that can be recorded and traced to the foetal brain, indicating surface brain activity.

 

However, the doctors say that the brain is not fully-formed in terms of its basic structure until the 4-month mark. Dr. Muhammad Ali Albar says, “At the end of the fourth month, the foetus can hear and make movements by its own will. Individual, personalised facial features appear. Do not all these indicate the breathing of the spirit?”

 

All this is the medical aspect of the issue, revealed by modern medicine and rare, modern instruments that monitor the development and movements of the embryo and foetus; none of these means were available in the past. If we analyse this modern knowledge and the hadiths on the subject, we find that there is no contradiction. In particular, only one hadith seems to mention three periods of 40 days; most of the narrations mention a total of 40, 42, 45 or 40-odd days.

 

Modern medicine does not speak about the spirit, which is mentioned in the hadith. Only God knows the nature and reality of this spirit.[21] The Messenger of God, peace be upon him, informed us that this spirit is breathed in after 120 days, so this must be affirmed.

 

Although bear in mind that only one narrator from Ibn Mas’ud, Zayd b. Wahb, mentioned the breathing of the spirit after 120 days; the rest of the narrators mentioned the writing of sustenance, lifetime and eventual misery or happiness, but did not mention the breathing of the spirit; neither did the other Companions who narrated the hadith: Ibn ‘Abbas mentioned it, but did not attribute it to the Prophet, peace be upon him.[22] It is possible to reconcile these two hadiths: the angel visits twice – once after 40 days to arrange the formation of the foetus and again after 120 days to breathe the spirit.[23] God knows best.

 

According to the doctors, life begins with a single cell but gradually develops into a full human life. The jurists draw the line (for full human life) at 120 days, which is when the spirit is breathed in. Similarly, all plants and animals enjoy life but do not benefit from the spirit of God that is breathed into humans, and on the basis of which the angels were commanded to prostrate to the human.[24]

 

The moment of breathing the spirit at 120 days is a matter of the unseen – humans and our medicine cannot know it, so we must accept it without interpretation or explanation, especially since it does not contradict modern science. After 120 days, the foetus is a complete human, deserving all that a human being enjoys after birth: respect, rights and the prohibition of harm against it.

 

Plant life has less power than animal life, which has less than human life. Animals may have more or less chromosomes: apes have more than other animals, whilst humans have the most at 46 chromosomes.[25]

 

Imam Ibn al-Qayyim mentions two types of embryonic life:

 

  • plant-like life before ensoulment, and
  • complete, human life after ensoulment.[26]

 

Foetal life after 40 days is complete in a material sense, just like complete animal life but more respected than the latter since it is in the fundamental human form. However, it lacks the divine breathing that bestows, and God knows best, the special human attributes such as knowledge, logical thinking, deduction and analysis as explained in the verses about the creation of Adam. God created Adam to settle in the world and civilise it and to be its steward, so He breathed His Spirit into him, taught him the Names. He gave him, along with knowledge and logical deduction, the capability to act. Along with intellect, He gave him choice and will. These higher attributes do not appear in the early stages of the foetus, but only after 120 days, e.g. voluntary movement etc.

 

3. Rulings on Abortion

It is undoubtedly haram (prohibited) to harm the embryo that is younger than 40 days. The prohibition becomes more severe after 40 days. The greatest prohibition occurs after 120 days, in which case killing the foetus would be like murdering an independent human being. These levels of prohibition are appropriate in Islam to describe the size of the crime and its effects.

 

3.1    [Fatwa of the Islamic Fiqh Academy]

 

The Islamic Fiqh Academy issued a ruling (no. 56-6/7) prohibiting abortion absolutely, and mandating medical techniques to save and protect the lives of embryos and foetuses. Furthermore, Ruling No. 113 (12/7) says in Clause 2 that, “The embryo has a right to life as soon as it is formed. It must not be harmed by abortion, or by any type of damage …”

 

3.2    [Resolution of the Islamic Organisation for Medical Sciences]

The Council on Conception, part of the Islamic Organisation for Medical Sciences, issued the following resolution: “The Council has considered contemporary medical, scientific realities explained by modern research and medical technology. It concluded that:

 

  • the foetus is alive from the beginning of pregnancy
  • its life is to be respected during all stages, and especially after ensoulment
  • transgression against the foetus by abortion is not permissible, except for an extreme medical necessity
  • some members disagreed, allowing abortion before 40 days, especially in case of a valid reason”[27]

 

3.3    Views of past jurists about abortion

 

  • The schools of jurisprudence in the past agreed that abortion was haram (prohibited) after 120 days.[28] Some of them even said that this was so when the mother’s life was in danger, e.g. Ibn ‘Abidin said, “If the foetus is alive, abortion is prohibited, since the mother’s death is hypothetical and it is not permissible to kill a human being on the basis of a whimsical matter.”[29] But if her death is certain or very likely, not simply hypothetical, then her life is to be given precedence over the foetus’, which may be aborted.
  • As for before ensoulment, most jurists regard abortion as prohibited (haram) also, unless it is to safeguard the mother. This is the view of the Malikis and Ibadis, the dominant view of the Hanafis and Shafi’is, one view of the Hanbalis and the apparent view of the Zahiris.[30] Some of the Hanafis, Shafi’is, Malikis and Hanbalis allowed abortion before ensoulment[31], as did the Zaydis on condition that both parents agreed. Some jurists, including Lakhmi (Maliki) and Abu Ishaq Marwazi (Shafi’i) allowed abortion before 40 days, but prohibited it thereafter.[32] Some Hanafis allowed abortion before ensoulment for a valid reason, even if it did not reach the level of necessity, whilst others specified the condition of necessity.[33] Some Shafi’is allowed abortion before ensoulment if the conception was via illegal extra-marital sex (zina: fornication or adultery).[34]

3.4    [Discussion]

 

The majority of jurists held that abortion was prohibited at any stage based on:

 

  • the verses prohibiting the taking of life, e.g. 6:151 and 17:33. A foetus is a life without doubt.
  • God forbade pilgrims from hunting (5:95), and the Prophet forbade the destruction of ostrich eggs by pilgrims, stipulating their value in compensation in cases of violation.[35] Malik said, “I have always heard that the compensation due upon a pilgrim for killing an ostrich is a camel. In case of an ostrich egg, my view is that the amount is a tenth of a camel’s value, just as the compensation for the foetus of a freewoman is to free a slave, male or female; these are worth 50 dinars, which is a tenth of his mother’s blood-money.”[36] Ibn al-Qasim said, “Malik compared the egg to a foetus,” i.e. in essence, like a foetus that is prohibited to harm.

 

3.4.1   [Abortion is prohibited in general, as per Ghazzali’s view]

 

Thus, the stronger view is that of the majority, i.e. that harming embryos is prohibited, even before ensoulment. One researcher who emphatically supported this position was Imam Ghazzali. In explaining the difference between coitus interruptus and abortion before ensoulment, he said: “The child is formed when the sperm enters the womb … Coitus interruptus is not like abortion or burying the infant alive because the latter two are crimes against an existing thing that is of different stages. The first stage is that the sperm enters the womb, mixes with the woman’s water and prepares to accept life: spoiling this would be a crime. Once it becomes a chewed lump and a suspended lump, the crime becomes more obscene, and even more so once ensoulment has taken place and the process of creation has levelled out. The extremity of such obscenity is once the foetus has become an independent life [i.e. been born as a baby].” He then mentioned that the beginning of the embryo’s existence is from the entry of semen into the womb.[37]

 

3.4.2   [Ibn Taymiyyah’s view]

 

Shaykh-ul-Islam Ibn Taymiyyah was asked about a man who said to his wife, “Abort your foetus: the sin is upon me.” If she does this, what expiation is due upon them both?

 

He answered: “They must free a believing slave: if they are unable to, they must both fast two months consecutively. In addition, they must give compensation to the heirs of the foetus who did not kill it: not to the father, for he ordered its killing, and so deserves nothing.” In answer to another question, he said, “Abortion is prohibited by the consensus of the Muslims: it is like burying children alive or killing them, which God has forbidden (81:8-9 & 17:31).”

 

He also said about a woman who aborted her foetus by striking her belly or by drinking medicine, “She must give compensation to the heirs of the foetus, other than the mother, by the Sunnah of the Messenger of God and the agreement of the Imams.”[38]

 

3.5    Summarised Juristic Rulings Related to Foetuses

 

  1. Blood-money and expiation if prohibited abortion is carried out: the perpetrator, whether father, mother or someone else, must pay the blood-money, which is a tenth of that of the mother according to the Malikis and Shafi’is; others distinguish between a male and female foetus.[39] According to the Shafi’is and Hanbalis, expiation is also due, being the freeing of a slave if possible, otherwise fasting for two consecutive months.[40]
  2. The waiting-period (‘iddah) of a widow or divorced woman ends by [termination of the pregnancy:] delivery of the child or abortion of the foetus.
  3. The father of the child must pay maintenance for the pregnant mother in case of divorce.[41]
  4. A pregnant woman may break her fast during Ramadan if she fears harm.[42]
  5. Delay of the punishment for extra-marital sex [i.e. flogging and/or stoning to death] whilst the woman is pregnant. [43]
  6. The foetus has incomplete personhood, so it has rights of inheritance etc.[44]

 

3.6    The Ruling on Abortion due to Deformities

 

The following declaration was issued by the Islamic Fiqh Academy of the Muslim World League:

 

The Academy analysed this matter during its twelfth meeting held in Mecca 15-22 Rajab 1410 H / 10-17 February 1990 CE. The council of religious scholars, after consultation with specialist medical experts who attended for this purpose, declares the following:

 

  • Once pregnancy reaches 120 days, abortion is not permissible, even if medical analysis shows that the foetus is deformed. The only exception is if it is established, by a medical panel consisting of reliable, specialist experts, that the continuation of pregnancy comprises a confirmed danger to the life of the mother, in which case abortion is allowed, whether or not the foetus is deformed, in order to repel the greater of two evils.
  • Before 120 days of pregnancy, if it is established and confirmed, by a medical panel consisting of reliable, specialist experts, using instrument-based monitoring, that the foetus is dangerously and incurably deformed, and that if it remains and is born to term, it will have a bad life, with both it and its family suffering much pain, then in that case: abortion is permissible if the parents request it. The academy, whilst making this declaration, advises the doctors and parents in such cases to save themselves from God, and to take every caution in this matter.

 

[1] Q. 5:32

[2] Q. 6:151

[3] Q. 17:31

[4] Ibn ‘Abidin 5/377, al-Sharh al-Kabir with commentary by Disuqi 4/268, Sharh al-Kharshi 5/274, al-Iqna’ 4/129, Kuwaiti Encyclopaedia of Jurisprudence 2/59.

[5] Q. 76:1

[6] Q. 3:59

[7] al-nutfah: the ejaculated fluid of the man or woman; amshaj: a mixture of the essential parts of a thing. See the lexicons al-Misbah al-Munir, Lisan al-‘Arab and al-Qamus al-Muhit.

[8] Q. 23:13

[9] Q. 23:14

[10] Muhammad Salam Madhkur, al-Jinin [Foetuses], 1389, p. 56

[11] Dr. Mukhtar al-Mahdi, The Beginning of Human Life, Book 2 of the Islamic Organisation for Medical Sciences, Kuwait, pp. 65 onwards.

[12] Q. 23:14 & 22:5

[13] Q. 23:14

[14] Papers by Dr. Hassan Hathout, Dr. Mukhtar al-Mahdi, Dr. Ahmad Shawqi, Dr. Muhammad Na’im Yasin & Dr. Abdullah Salamah.

[15] The Arabic for “a few” here is bid’, which refers to a single-digit number, i.e. 1-9 maximum. (Translator’s note)

[16] Fath al-Bari 11/480-1

[17] Fath al-Bari 11/481

[18] Dr. Mukhtar al-Mahdi’s paper, p. 65

[19] Fath al-Bari 11/481

[20] Al-Jinin (Foetuses), p. 54

[21] Q. 17:85

[22] Fath al-Bari 11/468

[23] Ibn al-Qayyim, Kitab al-Ruh [The Spirit], p. 205

[24] Q. 38:71-72

[25] This is not true: some apes have 48 chromosomes, with a very clear and close relationship to the 46 human chromosomes. (Translator’s note)

[26] Kitab al-Ruh, p. 38 & Shifa’ al-‘Alil, pp. 38-41

[27] Book 1, Islamic Organisation for Medical Sciences, p. 351

[28] Fath al-Qadir 2/495 [Hanafi], Hashiyah al-Disuqi 2/267 [Maliki], Nihayat al-Muhtaj 8/416, Al-Majmu’ 5/301 [Shafi’i], Al-Mughni 7/815 [Hanbali], Al-Muhalla 11/29-31 [Zahiri].

[29] Ibn ‘Abidin, Hashiyah, 1/602

[30] See sources previously cited.

[31] See sources previously cited; also al-Furu’ 6/191, al-Insaf 1/386

[32] See sources previously cited; also Rahuni’s commentary on Zurqani 3/264; Sharawani 6/248; Nihayat al-Muhtaj 8/416

[33] Ibn ‘Abidin 2/380

[34] Nihayat al-Muhtaj 8/416

[35] Ibn Majah, Sunan – Manasik 3077; Ahmad 744-5

[36] Al-Mudawwanah 2/437

[37] Ghazzali, Ihya’ ‘Ulum al-Din [Revival of the Religious Sciences], 2/53

[38] Ibn Taymiyyah, Majmu’ Fatawa [Collected Fatwas], 34/159-161

[39] Meaning that the blood-money for a male is double that of a female. (Translator’s note)

[40] See sources previously cited; also Bidayat al-Mujtahid 2/656

[41] This implies that this payment comes to an end upon abortion. (Translator’s note)

[42] This implies that this concession comes to an end upon abortion. (Translator’s note)

[43] This implies that this punishment is due upon abortion.  The authors are referring to ancient/mediaeval punishments, although the Ottomans abolished these in the mid-19th century, since they were no longer suitable for the age. (Translator’s note)

[44] See the brilliant book by our teacher, Muhammad Salam Madhkur: Al-Jinin [Foetuses], where he has explained this in detail.