Ruling on Unlawful Abortion and Separation from a Husband Living an Un-Islamic Life
Authored by: Saudi Fatwa Committee (Lajnah al-Dā'imah)
❖ Question:
I am an Egyptian woman living in Germany with my husband for the past seven years. The first serious conflict between us arose when I became pregnant after marriage. When my husband found out about the pregnancy, he nearly went mad from the shock. He went out in search of a hospital, and found one—at that time, I was three months pregnant.
I was unfamiliar with everything in this country and did not know the language either. I heard him speaking and, according to his will, I had the abortion.
His justification for the abortion was that children are a cause of many problems and hardships.
It should be noted that he has a child from a fair-skinned wife, who eats pork, drinks alcohol, and knows nothing about Islam. My husband fulfills all of that child's desires. He himself also drinks alcohol, and his habits are entirely Western.
I made this sacrifice (abortion upon his insistence) in the hope that he would change his lifestyle, because I am a Muslim woman who loves her religion.
In these circumstances:
① Is it haram for me to live with this man?
② I want to divorce him and return to Egypt—is that haram?
③ What is the ruling on the fact that he doesn’t want to have children with me at all?
❖ Answer:
First:
If the incident of abortion occurred exactly as you described, then both you and your husband are sinful:
— He, because he disliked having children and caused the abortion;
— And you, because you agreed with him and carried it out.
Second:
If your husband drinks alcohol, eats pork himself, and feeds it to his other wife and child, and you now wish to separate from him, then there is no sin on you in seeking divorce.
So:
✔ If your husband willingly grants you a divorce, then your problem will be resolved.
✔ If he does not agree, then a Shar‘i court has the authority to separate you from him.
Wa bi-llāhi al-tawfīq (And success is from Allah).
