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10,15714/10/2003

Her husband is going to divorce her and she is in the early stages of pregnancy. Can she have an abortion?

Question: 48996

My husband and I have a lot of problems, and we are about to separate. Then I found out that I am pregnant, in the first forty days of pregnancy. Is it permissible for me to abort this foetus without my husband’s permission, because he will not be pleased with that? If we are going to separate, why should I remain pregnant?.

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

I asked our Shaykh ‘Abd al-Rahmaan al-Barraak about this question and he replied: 

It is not permissible for her to have an abortion without her husband’s permission, because the husband has a right concerning the child just as the wife does.

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