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She is three weeks pregnant and her husband is threatening her with divorce if she does not abort the foetus

Praise be to Allah.

A number of scholars are of the view that it is permissible

to abort the nutfah before forty days, as has been explained in the answer

to question no. 115954.

Some of them limited it to cases where that serves an

interest or wards off harm, as is mentioned in a statement of the Council of

Senior Scholars, the text of which is as follows:

1 – It is not permissible to abort the pregnancy at various

stages unless there is a shar’i justification for doing so, and within very

narrow limits.

2 – If the pregnancy is in the first trimester, which is

forty days, and there is a legitimate purpose to be served by aborting it or

harm can be warded off thereby, then it is permissible to abort it. As for

aborting it during this period just because one fears hardship in raising

children or one fears being unable to afford the expenses of feeding them

and educating them, or because of their future, or because the couple are

happy with the number of children they have, that is not permissible. End

quote from al-Fataawa al-Jaami’ah (3/1055).

Based on that, if you are afraid that your husband will

divorce you if the pregnancy continues, and he is serious about that, then

there is no sin on you if you abort the foetus within the first forty days

of the pregnancy.

Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him)

said: From what we have seen above, it is seems that it is permissible to

abort the nutfah. The evidence and reasons for that are clear.

As for the period in which it is permissible to abort the

nutfah, it is forty days. End quote from Fataawa al-Shaykh Muhammad ibn

Ibraaheem (11/125).

And Allaah knows best.

Source: IslamQA (Sheikh Muhammed Salih Al-Munajjid)
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