Abortion in Hanafī Law (Article)

Authors: Muhammed V. Stodolsky & Aasim I. Padela

Excerpt: Although there is consensus within the Hanafī School that abortion after istibānat al-khalq is a sin and is prohibited, there is disagreement whether it refers to the time of ensoulment or the appearance of human features.

KUTUBNOTES

Test Your Knowledge

Recalling strengthens the memory.

3 questions
1. What is the consensus within the Hanafī School regarding abortion after istibānat al-khalq (the clear manifestation of creation in the womb)?
2. Which jurists are reported in the source as holding that abortion before the manifestation of creation is not permissible and constitutes a sin (allowed only with a legally valid excuse)?
3. According to Ibn Nujaym as cited in the source, what does the unrestricted statement that abortion is permissible before 120 days imply regarding the husband's permission?

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