Academic Article Review: Abortion and Islam

Article:  Abortion and Islam: Policies and Practice in the Middle East and North Africa
Author: Leila Hessini
Publication:  Reproductive Health Matters, p. 79-84

Article Link (requires jstor)

This article looks at and discusses the policies in place in the 21 Muslim countries that either provide access and support to, or hinder, women's access to safe abortion procedures.

The Middle East and North Africa (MENA) is made up of countries whose governments and people are dominantly Muslim.  The area stretches from Morocco to Iran, and contains diverse socio-economic development, governmental systems, and official interpretations of Islam.  The region contains some of the highest and lowest population growth rates, as well as an area in which 10% of pregnancies end in abortion.  Contraceptive prevalence rates vary greatly as well, ranging from 10% use in Mauritania, to 74% in Iran.  Motherhood and reproduction are sources of great pride and identity in the region, only 33% of poor women in Egypt, and 7% in Yemen have access to a skilled birth attendant.  Unsafe abortion practices account for 6% of maternal deaths in the MENA; and in Egypt in 1998, 1 in every 5 obstetric hospital admissions was for post-abortion treatment, while 1,000 abortions take place in Iran every day.

Equally as diverse are the interpretations of Islam, ranging from individual interpretations to one of several schools of jurisprudence for both Sunni and Shi'a sects.  These interpretations have both developed and affected the Islamic laws (Shari'a)  in each Muslim country.  Family planning and abortion rulings are not immune from these interpretations of Shari'a, as many fatwas (non-binding religious edicts) have been issued for guidance on the issue.  Many Islamic scholars in the early days approved of contraception as long as both partners consented to its use.  Abortions were also approved of as long as the pregnancy was terminated before "ensoulment" of the fetus, which occurs either 40, 90, or 120 days after conception, depending on which school of thought one follows.  There would normally need to be justification for the termination, however, such as protection of the mother, socio-economic concerns, or to protect a breast-feeding child.  Within the four major schools of thought, four main positions exist:  1) abortion is allowed, 2) abortion is allowed under certain circumstances, 3) abortion is disapproved of, and 4) abortion is forbidden.  Qur'anic justification to both support abortion and that idea that life begins at ensoulment is used.  The verse discusses the different stages of fetus development:

      "Man We did create from a quintessence (of clay); then We placed him as (a drop of) sperm in a place of rest, firmly fixed; then We made the sperm into a clot of congealed blood; then of that clot We made a (fetus) lump; then We made out of that lump bones and clothed the bones with flesh; then We developed out of it another creature.  So blessed be Allah the Best to create!"

Until the late 19th century, abortions were both socially acceptable and widely available.  Midwives performed these procedures until professional practitioners began to take over, limiting those who could perform abortion procedures.  According to the article, historians have argued that women's reproductive rights, among other rights, were diminished as European colonial domination incorporated European laws into the Middle Eastern legal systems.  In the 1960's, several meetings convened that brought together muftis from all over the Islamic world to discuss Muslim stances on family planning practices and programs.  In 1969 the use of birth control for economic reasons was approved, meaning, approved for families that could not support additional children.  In 1971, an international conference in Rabat decided that Islam does allow the use of birth control to space births, forbids sterilization except in cases of personal necessity, and forbids abortion after the fourth month of pregnancy, unless the life of the mother is at risk.

 Today, abortion is generally regarded as forbidden after ensoulment of the fetus, although in all MENA countries family planning practices are encouraged.  All schools of thought have declared abortion forbidden for pregnancies resulting from illicit sexual activity such as extra-marital affairs.  Rape is an issue increasingly being recognized as a legitimate justification for abortion within the Muslim world.  Many governments and religious figures have issued fatwas stating that women who are victims of rape should have access to abortion services.  Though there is debate among religious scholars regarding abortion, the issue is not a women's issue.  For instance, the Grand Mufti of Egypt argued that women who are rape victims should have access to abortions and reconstructive hymen surgery to "preserve female marriageability and virginity"(p. 78).

Many countries have adopted more liberal laws regarding abortions, such as Tunisia.  In the aftermath of colonization, abortion law reform became an issue to promote women's rights and status, limit population growth, as well as promote socio-economic growth.  It was the first country in MENA to liberalize these laws, as well as abolishing polygamy and giving men and women equal divorce rights, based on a "progressive interpretation of Islamic principles and beliefs"(p. 79).  Tunisia's abortion laws, according to Hessini, are unique in MENA in that a woman is not required to be married, nor does she need spousal consent to terminate her pregnancy.  Recently, Tunisia has introduced "adolescent-friendly services and medical abortion into its public clinics"(p.79).

Hessini's article was surprising to me, as I assumed that most Muslims would not sanction the use of birth control or abortion in any instance.  I think many of us in the West tend to view Muslims as the "conservative fundamentalist" stereotype.  The article, conversely, points out the staggering diversity of opinions and beliefs within the Muslim world that many in the West probably do not know exist.  We tend to see Islam as a monolithic entity, where women wear black burkas and submissively and passively adhere to whatever men say.  This article shows otherwise.  It demonstrates the amount of attention women are paid in the Muslim world, at least at the religious level, and how it is rather the country or culture, and not religion, that often determines how women are treated and how issues such as abortion and birth control are handled.