The Jurisprudential Principles Affecting the Ruling on Therapeutic Abortion: A Comparative Analytical Study

Abstract

This study analyzes the jurisprudential principles that form the foundation of the ruling on therapeutic abortion in Islamic jurisprudence, with a focus on contemporary applications in light of medical challenges. The research employs an analytical methodology to examine Islamic legal texts and a comparative approach to evaluate them against modern medical legislation. The study concludes that therapeutic abortion is permitted under Islamic law when the mother’s life is at imminent risk, based on principles such as "Averting harm takes precedence over procuring benefits" and "Necessities permit prohibitions." The study also highlights the scholarly disagreement concerning the stage of ensoulment (nafkh al-rūḥ), where some jurists prohibit abortion outright, while others allow it to save the mother’s life.