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Sunday 5 May 2019

Dealing with Problematic and Conflicting Hadith


Dealing with Apparently Problematic and Conflicting Ḥadīth

Mufti Muntasir Zaman


Site admin note: This article was originally published on Mufti Muntasir Zaman's personal website, ahadithnotes.com, although it was abruptly removed for some unknown reason. I thus endeavoured to create a copy of it here before it disappeared from Google's cache and was lost for good. 

 

 


The example of the intellect is sight free of defects and illnesses, and the example of the Qurʾān is the sun with rays spread out. Hence, the seeker of guidance that dispenses with one of them in lieu of the other is most fit to be included among fools. The one who turns away from the intellect, sufficing himself with the light of the Qurʾān is like one exposed to the light of the sun while closing his eyelids; there is no difference between him and the blind. Thus, the intellect with revelation is light upon light. The onlooker with an eye blind to one of them specifically is drawn in by a deceptive rope.[1] 
– Abū Ḥāmid al-Ghazālī (d. 505 AH)


The surge of criticisms in recent times towards supposedly problematic ḥadīths generally rest on the claim that such ḥadīths are absurd, unscientific, impossible, or contradictory. Every ḥadīth whose content is seen as problematic will have a specific explanation, for which relevant literature can be consulted. This article will highlight broad guidelines that are to be kept in mind when dealing with narrations of this nature. After some preliminary thoughts, four points will be proffered for consideration: (1) the limits of human reason and experience; (2) the importance of contextualization; (3) the usage of figurative speech; and (4) the need to distinguish between impossibility and unlikelihood. In no way are these guidelines meant to be exhaustive. As a first response, they can help to assuage the concerns of a Muslim whose conscience is constantly agitated by reading apparently problematic ḥadīths. Detailed discussions on specific ḥadīths can be offered on a case by case basis.

 
Preliminary Thoughts

In numerous places in the Qurʾān, Allah calls upon humankind to use their intellect and to contemplate the perfection of His creation. He says, “And now We have sent down to you [people] a Scripture to remind you. Will you not use your reason?”[2] In other verses, He reprimands those who do not use their intellect; “But the disbelievers invent lies about Allah. Most of them do not use reason”[3] is a striking case in point.[4] That the Qurʾān transcends a mere exposition of raw assertion by engaging in a process of argumentation and dialogue—it is the “evincive proof” (burhān) and “conclusive argument” (al-ujjah al-bālighah)—is indicative of its appeal to the human mind.[5] Therefore, there exists no incongruity between reason and revelation; the former in fact leads one to appreciate the latter while the latter enjoins and exemplifies the former.[6] There is, however, an important caveat that should not escape our attention: the reasoning has to be sound and the revelation authentic.[7]

From the formative period of Islamic history, scholars have written books to address apparently contradictory ḥadīths, a field known as mukhtalif al-adīth,[8] and ḥadīths that apparently conflict with other evidences or external reality, a field known as mushkil al-adīth.[9] In this vein, Imām al-Shāfiʿī (d. 204 AH) authored Ikhtilāf al-adīth,[10] regarded as one of the earliest works on the subject. Analogous works include Ibn Qutaybah al-Dīnawarī’s (d. 276 AH) pioneering monograph, Taʾwīl Mukhtalif al-adīth, Abū Jaʿfar al-Ṭaḥāwī’s (d. 321 AH) peerless compendium, Shar Mushkil al-Āthār,[11] and Abū Bakr Ibn Fūrak’s (d. 406 AH) masterpiece, Mushkil al-adīth wa Bayānuhū. Scholars also dealt with such narrations in their general Ḥadīth commentaries when the occasion arose. Abū Bakr Ibn Khuzaymah (d. 311 AH) confidently proclaims, “I am unaware of any two authentic narrations of the Prophet that are contradictory. If anyone comes across such narrations, let him bring them to me so that I can reconcile them.”[12]

It goes without saying that before venturing to clarify any misunderstanding or problematic content in a ḥadīth, it is paramount to ensure its authenticity. A person should not expend energy in trying to reconcile, say, a fabricated ḥadīth with external realities, because it cannot be reliably attributed to the Prophet to begin with, and therefore, should not be a matter of concern. [13] It is pointless to explain the fabricated ḥadīth, for instance, that states, “Hornets were created from the heads of horses and bees from the heads of cows” because this supposed ḥadīth is baseless. [14] Mullā ʿAlī al-Qārī (d. 1014 AH) reminds his reader of the ancient adage: first stabilize the throne firmly, then worry about engraving it (thabbit al-ʿarsh thumm unqush), that is, before concerning ourselves with whether the meaning is correct, we should ensure whether the report is even reliable to begin with.[15] In his magnum opus, al-Ṭaḥāwī’s modus operandi was to examine only acceptable narrations.[16]

A ḥadīth is often transmitted via multiple routes (riwāyāt), which may differ in wording. When attempting to understand a ḥadīth, the need to examine it in view of all its routes of transmission in order to acquire a holistic understanding of it cannot be stressed enough. Until all the routes of a ḥadīth are collected and analyzed as a whole, Ibn al-Madīnī explains, its errors will not become apparent.[17] Take the Prophetic ḥadīth narrated via ʿĀʾishah and Buraydah that a human body has 360 joints and a person is required to perform a virtuous deed for each joint.[18] In two variant routes of transmission from Abū Hurayrah and Ibn ‘Abbās, this ḥadīth is narrated with the words “360 bones,” which is incongruent with modern knowledge of human anatomy.[19] But these routes are defective. The route of Ibn ‘Abbās contains the impugned narrator al-Layth ibn Abī Sulaym while the route of Abū Hurayrah suffers from several flaws, viz. disagreement among, and contentions regarding, the sub-transmitters, isolation in transmission, and conflict with more authentic routes. Although there are multiple routes for the ḥadīth, the correct version contains the words “360 joints.”[20]

The main focus here is how to deal with problematic ḥadīths (mushkil al-ḥadīth). Before proceeding, however, a word on conflicting ḥadīths (mukhtilaf al-ḥadīth) is in order. Jurists laid out the following procedure for dealing with conflicting ḥadīths.[21] The first step is to harmonize (jamʿ) between the conflicting reports.[22]  The Prophet prohibited a person from placing one leg on the other when lying down,[23] but he reportedly did exactly that on one occasion.[24] Al-Khaṭṭābi (d. 388 AH) explains that the prohibition pertains to the scenario where placing one leg on the other will expose one’s private part; the Prophet did so in a manner that ensured his lower body was concealed.[25] When harmonization is not possible, one is to seek out evidence of abrogation (naskh).[26] As we have seen elsewhere, the Prophet is reported to have both allowed and prohibited the writing of his ḥadīths.[27] To avoid any shortcomings in preserving the Qurʾān, the Prophet prohibited the Companions from writing ḥadīths. Once there remained no fear of such neglect, he allowed them to write material besides the Qurʾān.[28] In the absence of evidence to suggest abrogation, one should prefer (tarjīḥ) one ḥadīth over the other based on a list of factors related to the chain of transmission, the text, and other issues.[29]


Guidelines

When a Muslim believes the Prophet received information about the unseen, how could he reject something authentically attributed to him only because it seems far-fetched in light of the conventional understandings of the world? If a ḥadīth describes how Satan flees flatulating upon hearing the call to prayer,[30] how can a Muslim, who accepts that the Prophet receives information about the unseen, reject it under the pretext that it is absurd when it is describing something beyond the scope of his intellect and/or experience?

To understand this point better, note that there are three primary sources from which people acquire knowledge: sound senses, reason, and a truthful report.[31] The first source includes the five senses, i.e. hearing, seeing, smelling, tasting, and touching. We use these senses to perceive the world around us, within their limitations. Even the thought of using a particular sense beyond its limitation, e.g. to try to smell with one’s sense of touch, is foolish. The second source is human reason.[32] We come to know the texture of silk with our sense of touch and the smell of musk with our sense of smell, but none of these senses can help us to determine how they were prepared and what purpose they serve, simply because this is conceptual and propositional knowledge that lies beyond the senses and can only be comprehended by the intellect. This is where our reason comes in and guides us; but reason also has its limits.[33] The third source of knowledge is accurate information provided through truthful reporting, such as historical anecdotes or testimony. The most important form of such transmitted information for a believer is divine revelation, the scope of which extends beyond both human reason and experience. It would be unreasonable to reject information derived from divine revelation merely because it seems prima facie absurd. To say revelation transcends human reason is not to say it is irrational—it is, rather, supra-rational, in the sense that it transcends the (necessarily limited) cognitive competencies of human reason.[34] In other words, it is incorrect to weigh revelation solely on a scale as limited as human reason and experience.[35] One who attempts to do so, Ibn Khaldūn (d. 808 AH) observes, is like a person who wishes to weigh the mountains on a goldsmith’s weighing scale.[36]

Reports authentically related from the Prophet are best understood in their context. Failing to contextualize will lead a person to criticize a ḥadīth anachronistically. It would be unfair for a critic to object to a particular practice or statement of the Prophet only because it is considered unacceptable in the critic’s current social milieu. Modern critics are often guilty of imposing certain ideals onto their reading of history; what does not correspond to these ideals is to be unquestionably abandoned because it is “backward” or “irrational.” It is therefore disingenuous to criticize the marriage of our mother ʿĀʾishah at a young age based on modern marital ethics. Despite the lengths the Prophet’s most ardent critics went to criticize him, his marriage with ʿĀʾishah was never considered problematic for them since marriage at a young age was socially acceptable. It is only recently that this has become an issue. The first to formally appraise this aspect of the Prophet’s life negatively in the early 1900s was the Orientalist David Margoliouth (d. 1940).[37]

This is not to deny the universality of the Prophet’s example for humankind throughout time. The Prophet was undoubtedly sent “to bring good news and warning to all people.”[38] Legal theorists have formulated the maxim “al-ʿibrah bi ʿumūm al-lafẓ lā bi khuṣūṣ al-sabab (consideration is given to the generality of the wording and not to the specific cause)” when studying divine scripture. However, Ibn Daqīq al-ʿĪd (d. 702 AH) qualifies this maxim by cautioning students to be aware of the difference between “the indication of context and signs (qarāʾin) towards specifying the generality” and “the occurrence of a general rule in a specific scenario” because the mere occurrence of a generality in a scenario does not specify it.[39] In other words, this maxim is not to be taken as a universal rule. He further explains, “Context provides clarity on what is ambiguous, specifies what is ambivalent, and frames statements according to their intended purpose.”[40] In any case, studying the context of a ḥadīth to better understand its rationale and application is a far cry from dismissing ḥadīths arbitrarily on the pretext that they are outdated.[41]

At times a figurative reading of a ḥadīth can easily remove the difficulty in understanding its contents. To interpret the sayings of the Prophet without considering the tools of rhetoric can be misleading, especially when the use of figurative speech (majāz) is common in Arabic, as in other languages.[42] This equally applies to verses of the Qurʾān where a literal reading would convey an incorrect meaning.[43] Take the example of the ḥadīth, “Two months of ʿĪd never fall short: Ramadan and Dhū al-Ḥijjah,” which apparently means that these two months will never fall short of thirty days. Taken at face value, this contradicts reality. However, it is interpreted figuratively to mean that these two months will never fall short of spiritual value even though their days may be twenty-nine, which is a completely plausible explanation.[44]

Losing sight of the broader message of a ḥadīth by delving into its literal words can deter one from understanding its correct intent. When taken at face value, the ḥadīth where the Prophet tells Abū Dharr that “during sunset, the sun prostrates underneath the ʿArsh (Divine Throne) and then seeks permission to rise again” is difficult to reconcile with science. However, there is a greater message embedded in these words. The Prophet took this opportunity—when the world goes through a magnificent transformation, that of the alternation of night and day—to teach mankind that this marvelous phenomenon happens only with the permission of Allah. The ʿArsh encompasses the entire creation, and therefore, the sun is always beneath the ʿArsh.[45] This moving with Allah’s permission and by His command is described as its “prostration;” the prostration of each creation manifests according to its individual state of being, as Allah has stated in the Qurʿān.[46]

The Prophet articulated his comment according to what Abū Dharr observed in front of him. Expressing a specific orbital path or other material reality was not the purpose of the ḥadīth; misconstruing it as such would only serve to obscure the intended message.[47] It is inaccurate to study hadīths of this nature through a strictly materialistic and naturalistic lens because the Prophet’s mission was not to provide guidance on scientific matters.[48] Shāh Waliullāh (d. 1176 AH) makes the apt observation that the prophets would not occupy themselves with matters not relevant to “the refinement of the soul and governing of the community unless it was incidental.”[49] Even in daily conversations today, people use phrases that are unscientific if taken literally, e.g. at sunrise or sunset. A study of the Prophet’s ḥadīths demonstrates that they possessed a rhetorical consistency which can be dubbed a Prophetic style of speaking.[50] Scholars were well aware of this phenomenon. While grading a particular ḥadīth, Ibn ʿAdī (d. 365 AH) states, “It does not resemble the words of the Prophet”[51] and elsewhere al-Mundhirī (d. 656 AH) states, “But this ḥadīth gleams with a shine from the light of prophethood.”[52] One characteristic of the Prophetic style was hyperbole.[53] Hence, early Muslim scholars have not interpreted ḥadīths that state “he is not from among us” as excommunication from the faith.[54] To fully grasp the message of certain ḥadīths, therefore, one is required to be conversant with the language of Ḥadīth.

Finally, it is essential to make a distinction between what is fundamentally impossible (mustaīl) and what is merely unlikely (mustaghrab) though within the realm of what is possible. Impossibility is a quality intrinsic to a thing itself. Something impossible can never be; a circle can never take the shape of a square. On the other hand, deeming something unlikely is a relative and subjective matter as it derives from the limitations of human reason and experience, either individual or collective.[55] Not so long ago, it was considered unlikely for someone to travel from one country to another in a short span of time, and even impossible for anyone to reach the moon. But due to technological advancements, such feats are now easily achievable. In a similar manner, if an authentic ḥadīth describes something which appears difficult to believe, such as the splitting of the moon,[56] it is incorrect to discard it as an impossibility. Failure to appreciate its meaning can stem from a myriad of factors. Khalīl Mullā Khāṭir aptly points out, “It seems that skeptics of Ḥadīth have confused what is impossible with what is unacceptable to the Western worldview.”[57]


That many of the same ḥadīths modern critics regard as problematic were already discussed in detail by the greatest Islamic minds is often overlooked in these discussions. The difference between classical Muslim scholars and modern critics is the perspective with which the two groups look at the objection. Traditional scholars were not oblivious to scientific realities nor blind to logical fallacies—many, in fact, were actively involved in the rational and scientific fields.[58] However, they had a more robust conception of revelation as a purveyor of actual knowledge and truth about the world, while modern detractors usually presume a more empiricist and rationalist epistemology which tends to reduce the role of revelation in providing knowledge, as well as being overly quick to subordinate the interpretation of revelation to the independent conclusions of reason and science. When presented with ḥadīths that at first blush seem problematic, the reader is advised to bear in mind the guidelines outlined above, and not dismiss them summarily without a second thought.


 ____________________________________________

[1] Al-Ghazālī, al-Iqtiād, p. 66.
[2] Q 21:10.
[3] Q 5:103.
[4] “[T]he Qurʾanic mode of thinking is not empirical or rationalist, historical or systematic apodictic or pedagogical, analytical or descriptive. It is none of them and yet all of them at once. It combines conceptual analysis with moral judgment, empirical observation with spiritual guidance, historical narrative with eschatological expectation, and abstraction with imperative command.” See Ibrahim Kalin, Reason and Rationality in the Qurʾān, p. 9.
[5] Jalāl al-Dīn al-Suyūṭī writes, “There is no demonstration, argumentation, disjunction, or admonition built upon the general categories of knowledge afforded by reason and revelation that the Book of Allah has failed to articulate; it has mentioned them, however, according to the customary [speech habits] of the Arabs and not in accordance with the intricate methods of the theologians.” See al-Suyūṭī, al-Itqān fī ʿUlūm al-Qurʾān, vol. 4, p. 60.
[6] See al-Ghazālī, Qānūn al-Taʾwīl, p. 9.
[7] See Fūdah, al-Shar al-Kabīr, vol. 1, pp. 38-40.
[8] When vocalized as mukhtalif (active participle) it refers to ḥadīths that ostensibly conflict with one another; when vocalized as mukhtalaf (verbal noun) it refers to the difference between the apparently contradictory ḥadīths. See Khayyāṭ, Mukhtalif al-adīth bayn al-Muaddithīn wa al-Uūliyyīn wa al-Fuqahāʾ, pp. 25-26.
[9] Abū Shahbah, al-Wasī fī ʿUlūm wa Muṣṭala al-adīth, pp. 442-43.
[10] On whether Ikhtilāf al-adīth is an independent work or part of al-Umm, see al-Sūsah, Manhaj al-Tawfīq wa al-Tarjī, pp. 32-34.
[11] The accurate title of this book is “Bayān Mushkil Ahādīth Rasūl Allāh (allallāhū ʿalayhī wa sallam) wa Istikhrāj mā fīhā min al-Akām wa Nafy al-Taād ʿanhā.” See al-ʿAwnī, al-ʿUnwān al-aī li al-Kitāb, pp. 64-65.
[12] Al-Baghdādī, al-Kifāyah, pp. 432-33; cf. al-Haytamī, Ilāq ʿUwār al-Hawas, pp. 223-6.
[13] It is not uncommon to find commentaries (e.g. al-Munāwī’s Fayḍ al-Qadīr) expounding on the meanings of ḥadīths that are arguably unreliable. One reason for this is that the commentator did not believe the given ḥadīth to be unreliable or he commented with the hope that if an authentic route of transmission were located later his commentary might be of help. See, for instance, al-Ṭaḥāwī, Sharḥ Maʿānī al-Āthār, vol. 4, p. 331. Beyond this, explanations of such ḥadīths can also be useful since they indirectly provide commentary for material that at times is also found in reliable ḥadīths, for which commentary is not easily accessible.
[14] Ibn al-Jawzī, al-Mawḍūʿāt, vol. 1, p. 189.
[15] Al-Qārī, al-Asrār al-Marfūʿah, p. 217.
[16] Al-Ṭahāwī sets out to explain the apparent problems and disharmony between reports “transmitted from the Prophet (peace and blessings be upon him) via acceptable chains of transmissions related by those of circumspection, honesty, and suitable delivery.” See al-Ṭaḥāwī, Sharḥ Mushkil al-Āthār, vol. 1, p. 6.
[17] Al-Khaṭīb, al-Jāmiʿ li Akhlāq al-Rāwī wa Ādāb al-Sāmiʿ, vol. 2, p. 212.
[18] The route of ʿĀʾishah is cited in Muslim, al-Musnad al-aī, no. 1007, and the route of Buraydah in Aḥmad, al-Musnad, no. 22998, among others.
[19] The route of Ibn ʿAbbās is cited in al-Bukhārī, al-Adab al-Mufrad, no. 422 and al-Ṭabarānī, al-Muʿjam al-Kabīr, vol. 11, p. 55. The route of Abū Hurayrah is cited in al-Bazzār, al-Musnad, no. 9200; Ibn Mandah, al-Tawīd, no. 92; al-Aṣfahānī, Ḥilyat al-Awliyāʾ, vol. 8, p. 307; and al-Bayhaqī, Shuʿab al-Īmān, vol. 13, p. 482.
[20] See Jamīl Abū Sārah, Athar al-ʿIlm al-Tajrībī fī Kashf Naqd al-adīth al-Nabawī, pp. 212-19.
[21] There is disagreement among the jurists on the sequence of these steps. Although the majority of scholars arrange the steps as outlined here, the sound view in the Ḥanafī school of law is that a person will first seek out abrogation then preference then harmonization. See al-Turkumānī, Dirāsāt, pp. 499-502.
[22] Ibn Rajab, Fatḥ al-Bārī, vol. 5, pp. 155-56; Ibn Ḥazm, al-Iḥkām, vol. 2, p. 21; al-Ṭaḥāwī, vol. 4, p. 274. Related to this is Ibn al-Qayyim’s priceless observation that every time a ḥadīth is reported with multiple, conflicting permutations it is a poor methodology to dismiss them as multiple occurrences, instead of attributing a flaw to one of the transmitters. See Ibn al-Qayyim, Zād al-Maʿād, vol. 2, p. 273. For an extensive study on employing ‘multiple occurrences’ as an interpretive tool for conflicting ḥadīths, see Dr. Ḥamzah al-Bakrī’s “Taʿaddud al-ādithah fī Riwāyāt al-adīth al-Nabawī.”
[23] Muslim, al-Musnad al-Ṣaḥīḥ, no. 2099.
[24] Al-Bukhārī, al-Jāmiʿ al-Ṣaḥīḥ, no. 475; Muslim, al-Musnad al-Ṣaḥīḥ, no. 2100.
[25] Al-Khaṭṭābī, Maʿālim al-Sunan, vol. 4, p. 120; cf. al-Ṭaḥāwī, Sharḥ Maʿānī al-Āthār, vol. 4, p. 280.
[26] Indications that one ḥadīth is abrogated can take several forms: an explicit directive from the Prophet, a statement from a Companion on the Prophet’s final practice, dating the ḥadīths to determine the latter of the two, and the consensus of the community upon one of the ḥadīths. See al-Nawawī, al-Minhāj, vol. 1, p. 35.
[27] Al-Bukhārī, al-Jāmiʿ al-Ṣaḥīḥ, no. 112; Muslim, al-Musnad al-Ṣaḥīḥ, no. 3004.
[28] Ibn Qutaybah, Taʾwīl Mukhtalif al-adīth, p. 412; al-Khaṭṭābī, Maʿalim al-Sunan, vol. 4, p. 184.
[29] Al-Nawawī, al-Minhāj, vol. 1, p. 35. On these factors, see al-Ḥasanī, Maʿrifat Madār al-Isnād, p. 87 ff.; al-Turkumānī, Dirāsāt, pp. 509-531.
[30] Al-Bukhārī, al-Jāmiʿ al-Ṣaḥīḥ, no. 608; cf. Ibn Ḥajar, Fatḥ al-Bārī, vol. 2, p. 85.
[31] Al-Nasafī, al-ʿAqīdah al-Nasafiyyah, p. 2.
[32] “Reason, both theoretical and practical, is our accumulated and critically organized common sense and contains a normative kernel of widely accepted values and ultimate ideals.” See Shabbir Akhtar, The Qurʾān and the Secular Mind, p. 58. One has to be cautious not to confuse certain constructions of reason, such as the Aristotelian-Neoplatonic tradition, as synonymous with ‘human reason’ per se. See Sherman Jackson, On the Boundaries of Theological Tolerance in Islam, p. 19 ff.; idem, Islam & the Problem of Black Suffering, pp. 38-40. In the present day, many charges against Islam as being irrational stem from the fact that rationality “as developed in the Islamic intellectual tradition contravenes the main thrust of modern and postmodern notions of rationality that have arisen in the West since the seventeenth and eighteenth centuries.” See Kalin, Reason and Rationality in the Qurʾān, p. 2.
[33] In The Outer Limits of Reason, Noson Yanofsky provides fascinating and engaging examples of the limits of reason and its related areas: science, technology, logic, and mathematics. See, for instance, the chessboard and dominos example, the ship of Theseus, Russell’s paradox, and the problem of induction in pp. 2, 31, 85, 236, and 340-45, respectively.
[34] Ibn Taymiyyah, Darʾ Taʿāru al-ʿAql wa al-Naql, vol. 5, p. 297-8; Kalin, Reason and Rationality in the Qurʾān, p. 7.
[35] See Shabbīr al-ʿUthmānī, al-ʿAql wa al-Naql, pp. 87-95. Mawlānā Shabbīr al-ʿUthmānī asks rhetorically: have we applied, say, our sense of touch to the point we touched everything that can be felt or our sense of hearing to the point we heard all there is to hear? When we accept that we have not—and cannot—utilized these senses to their full capacity, how do we then accept to achieve a complete grasp of our rational faculties? See ibid. p. 33. Allah informs mankind about the limits of their knowledge, “You may dislike something although it is good for you, or like something although it is bad for you: Allah knows and you do not” (Q 2:216) and “You have only been given a little knowledge” (Q 17:85).
[36] Ibn Khaldūn writes, “The intellect, indeed, is a correct scale. Its indications are completely certain and in no way wrong. However, the intellect should not be used to weigh such matters as the oneness of God, the other world, the truth of prophecy, the real character of the divine attributes, or anything else that lies beyond the level of the intellect. That would mean to desire the impossible. One might compare it with a man who sees a scale in which gold is being weighed, and wants to weigh mountains in it.” Ibn Khaldūn, The Muqaddimah: An Introduction to History, trans. Franz Rosenthal, vol. 3, p. 38.
[37] See Brown, Misquoting Muhammad, p. 144; idem, Muhammad: A Very Short Introduction, p. 76.
[38] Q 34:28.
[39] Al-Subkī, al-Ashbāh wa al-Naẓāʾir, vol. 2, p. 135. For other qualifications to this maxim, see ibid., p. 136-37.
[40] Ibid.
[41] There is obvious nuance in categorizing the practices (sunan) of the Prophet vis-à-vis their value as legal rulings. Dr. Sulaymān al-Ashqar divides the actions (afʿāl) of the Prophet into ten categories. Among them, actions that were jibillī (innate) [e.g. ordinary activities like walking and sleeping], ʿādī (customary) [e.g. lengthening the hair and wearing certain attire], dunyawī (mundane) [e.g. political strategies] do not allow for more than general permissibility unless external evidence suggests otherwise. See al-Ashqar, Afʿāl al-Rasūl wa Dalālatuhā al-Sharʿiyyah, pp. 215-48. That being said, Shaykh ʿAbd Allah al-Ghumārī explains that legal theorists have stated that a person will be rewarded for following the customary practices of the Prophet (e.g. wearing certain types of clothing or eating certain types of food) out of love and emulation of the Prophet. ʿAbd Allah ibn ʿUmar is on record for his scrupulous emulation of the Prophet even in these matters. See al-Ghumārī, al-Nafḥah al-Ilāhiyyah, p. 157. According to Abū Shāmah al-Maqdisī (d. 665 AH) and Tāj al-Dīn al-Subkī (d.771 AH)—and Ḥadīth scholars in general, as related by al-Ghazālī—emulation in these practices are desirable, albeit the lowest form of desirability (istiḥbāb). See Abū Shāmah, al-Muḥaqqaq min ʿIlm al-Uṣūl, pp. 270-71; ʿAwwāmah, Hujjiyat Afʿāl al-Rasūl, pp. 56-60.
[42] On the use of a figurative reading of ḥadīths as a tool to explain away problematic content, see Jamīl, Athar al-ʿIlm al-Tajrībī, pp. 146-50.
[43] See, for instance, Q 9:67; cf. Ibn Kathīr, Tafsīr Qurʾān al-ʿAīm, vol. 4, p. 174.
[44] Al-Tirmidhī, al-Sunan, no. 692.
[45] For a summary of the interpretations of the word ʿArsh, see al-Muṭīʿī, Tawfīq al-Raḥmān, pp. 361-63.
[46] See Q 17:45.
[47] See al-Bukharī, al-Jāmiʿ al-aī, no. 3199; Shafīʿ, Maʿārif al-Qurʾān, vol. 7 pp. 389-82.
[48] Al-Bannūrī, Maʿārif al-Sunan, vol. 5, p. 349.
[49] Al-Dihlawī, ujjat Allāh al-Bālighah, vol. 1, p. 158.
[50] In a fascinating study, Halim Sayoud conducted an author discrimination analysis—where two texts are studied to determine whether they were composed by the same author—comparing the Qurʾān and the ḥadīths recorded in aī al-Bukhārī. By conducting three series of experiments (global form, segmental form, and an automatic author attribution), Sayoud concluded, “First, the two investigated books should have different authors; second, all the segments that are extracted from a unique book appear to have a certain stylistic similarity.” See Sayoud, Halim (2012), Author Discrimination Between the Holy Qurʾān and the Prophet’s Statements, Literary and Linguistic Computing, vol. 27, no. 4, 2012, pp. 427-44. The second conclusion of this study demonstrates that despite the frequent usage of paraphrasing when transmitting the Prophet’s words (al-riwāyah bi al-maʿnā), the ḥadīths maintained an overall degree of stylistic consistency. See Brown, Hadith, 2nd ed., p. 12.
[51] Ibn ʿAdī, al-Kāmil, vol. 2, p. 403.
[52] Al-Mundhirī, al-Targhīb wa al-Tarhīb, vol. 4, p. 75, no. 4855.
[53] Brown, Hadith, 2nd ed., p. 12.
[54] Under the ḥadīth “Whoever deceives is not from among us,” al-Khaṭṭābī writes, “That is, he is not upon our path. He intends thereby that the person who deceives his brother and does not take his best interest to mind has failed to follow me and hold unto my lifestyle. Some have understood this as an exclusion of the person from Islām, but this interpretation is not sound.” See al-Khaṭṭābī, Maʿālim al-Sunan, vol. 3, p. 118.
[55] See al-Sibāʿī, Al-Sunnah wa Makānatuhā fi al-Tashrīʿ al-Islāmī, pp. 51-52; cf. Mullā Khāṭir, al-Iābah fī iḥḥat adīth al-Dhubābah, p. 101; ʿAbd Allah al-Ghumārī, al-Qawl al-Jazl fī mā lā Yuʿdhar fīhī bi al-Jahl, p. 11.
[56] Al-Bukhārī, al-Jāmiʿ al-Ṣaḥīḥ, no. 3636/3868; cf. Jamīl, Athar al-ʿIlm al-Tajrībī, pp. 84-8.
[57] Mullā Khāṭir, al-Iābah fī iḥḥat adīth al-Dhubābah, p. 102; cf. Brown, The Rules of Matn Criticism, p. 393-94.
[58] The Muslim scientist and physician Ibn al-Nafīs (d. 687 AH) is one example. Not only was he a skilled physician and scientist, second only to Ibn Sīnā (Avicenna), he also wrote a book on Ḥadīth nomenclature. See al-Subkī, al-abaqāt al-Shāfiʿiyyah al-Kubrā, vol. 8, p. 305; Meyerhof, M. and Schacht, J., “Ibn al-Nafīs,” in the Encyclopedia of Islam, Second Edition.


Saturday 29 December 2018

Burhan Al-Tatbiq: Between the Philosophers and Cantor

Burhan Al-Tatbiq: Between the Philosophers and Cantor

Author: Karkooshy  | Original Source


In arguing for the impossibility of an infinitely large body, the Philosophers utilized what is now referred to as “Burhan al-Tatbiq” ('Proof from One-to-One Correspondence'). The proof is built upon the fact that adding or subtracting a quantity from any amount, cannot net that same amount [1]. So if we supposed the existence of an infinitely long body, and then we supposed the removal of a finite part from this length [2], then what remains after the removal would also be infinite. This conflicts with what was already established (namely, that subtracting a quantity from any amount, cannot net that same amount), since the length would be infinite both before and after the subtraction. Thus, the first supposition (i.e. that an infinite body exists) is an impossibility.




Burhan Al-Tatbiq and the Philosophers


In developing the above argument in more detail, Ibn Sina writes[3]:

 لا يتأتى أن يوجد مقدار ذو وضع غير متناه لأنه إما أن يكون غير متناه من الأطراف كلها أو غير متناه من طرف

It is impossible for there to exist an infinite length, because either this length would be infinite from all sides, or only infinite from one side.


فإن كان غير متناه من طرف أمكن أن يفصل منه من الطرف المتناهي جزء بالتوهم فيؤخذ ذلك المقدار مع ذلك الجزء على حدة وبانفراده شيئاً على حدة

If its infinitude were from only one side, then it would be possible for us to take the endpoint, and imagine the removal of a [finite] length from it. Treat the amount before the removal as its own length, and the net amount after the removal as another.



 ثم نطبق بين الطرفين المتناهيين في التوهم فلا يخلوا إما أن يكونا بحيث يمتدان معاً متطابقين في الإمتداد فيكون الزائد والناقص متساويان – وهذا محال

Then we correspond the two lengths with each other starting from the endpoints. Now, either both lengths extend to infinity together [such that there is a one-to-one correspondence between all their parts]. But in this case, the lesser length would be equal to the greater one – and that is impossible.

  
وإما أن يمتد بل يقتصر عنه فيكون متناهياً والفصل أيضاً كان متناهياً فيكون المجموع متناهياً فالكل متناه
Or, the lesser one extends with the other for some of its length, but the correspondence eventually comes to an end [such that there is a one-to-one correspondence between only a part of the greater length, with the entirety of the lesser one]. In this case, the lesser length would be finite, the difference between the two is finite, so the total [i.e. the greater length] would be finite as well. Entailing that both lengths be finite [since the sum of two finites, is finite].


 وإما إذا كان غير متناه من جميع الأطراف فلا يبعدان يفرض فيه مقطع تتلاقى عليه الأجزاء ويكون طرفاً ونهاية ويكون الكلام في الأجزاء أو الجزئين كالكلام في الأول وبهذا يتأتى البرهان على أن العدد المترتب الذات الموجود بالفعل متناه

And if the supposed length were infinite from all sides, it would not be impossible to cut this infinite length to create an end point for each of its parts, and the previous argument would then apply to each and all of those parts. And from this it is established that a sequential and actually existent amount, must be finite.


However, since the Philosophers believed in the infinitude of the events preceding the present moment, and to avoid the aforementioned proof backfiring on them, they maintained that the proof only works on amounts whose parts all exist simultaneously. For example, the parts of a body, which is why it is impossible for an infinitely large body to exist. As for the events of the past, they do not concurrently exist, and so the Philosophers claimed that Burhan al-Tatbiq does not apply there.

In response, the Mutakalimun argued that this condition (i.e. that Burhan al-Tatbiq will only apply if the parts of the amount in question existed simultaneously) is completely ad hoc[4]. Rather, Burhan al-Tatbiq will work on any actual infinite[5] that accepts increases or decreases. This is because the proof is based on the fact that the amount after the increase or decrease, cannot equal the amount before the increase or the decrease, whereas this would be the case if the initial amount were infinite. And since the Philosophers believed that the number of past events is an actual infinite, and that this number increases as time progresses[6], then Burhan al-Tatbiq applies to the sequence of past events as well.

Burhan Al-Tatbiq and Cantor’s Transfinite Set Theory


Some today have attempted to use Cantor’s transfinite set theory to respond to Burhan Al-Tatbiq. They argue that there actually are infinite amounts that are greater or less than other infinite amounts, and so Burhan Al-Tatbiq does not disprove what both the Philosophers and the Mutakalimun claim it does[7].

For example: they claim that there are an infinite number of real numbers, and that there are an infinite number of natural numbers. There are however, an infinite number of reals between any two reals. On the other hand, there are only a finite number of naturals between any two naturals. And so there cannot be a one-to-one correspondence between the elements of the two sets. Thus, the set of all reals is greater than the set of all naturals, even though both are infinite.

This contention however is fundamentally based on ambiguous language, and it quickly falls apart when we examine the meanings used more carefully. In particular we are interested in what the opponent means when they say things like “number”, “set”, and “there are an infinite number of real numbers” or “there are an infinite number of rationals”.

Numbers

The word “number” is used in two senses:

  1. First: as a count of the parts in an extra-mental amount. For example: when one sees Zayd, and ‘Amr, one knows that they are collectively two humans. In this sense, the extra-mental existents are Zayd and ‘Amr. “Two” is a mental abstraction that the mind uses to describe the size of this group. We call this an extracted abstraction (I’tibar Intiza’i), because it is one that was extracted from extra-mental reality.
  2. Second: as a mental concept without reference to any extra-mental amount. For example: when we mentally recite natural numbers without using them as a count for anything. So we mentally recite to ourselves: one, two, three, four, five…etc. In this sense, there are only the numbers that exist in the mind of the reciter, nothing extra-mentally. We call any one of those numbers an invented abstraction (I’tibar Ikhtira’i), because the mind of the reciter is inventing those concepts.

We argue that there can never exist an infinity of numbers, in either sense.

As for the first sense, a number can only be abstracted by counting the parts of an amount. For the opponent to claim that there are an infinity of numbers therefore, is tantamount to claiming that they finished counting an infinite number of parts. This is patently impossible however, since an infinite amount would be endless by definition, and so one would never finish counting it. At any given step of this counting process, the number of counted parts will always be finite, and this counting process should never come to an end[8].

As for the second sense, for the opponent to claim that there are an infinity of numbers, is tantamount to claiming that they finished inventing an infinite number of concepts in their mind. This too is impossible, because each invention is a task, and an infinite sequence of tasks cannot be finished. Since finishing implies coming to an end, infinite implies endlessness, and what is endless cannot come to an end.

And if the opponent argues: “when we say there are an infinity of numbers, we are not using ‘infinity’ as a count of actualized extra-mental existents, nor are we using it as a count of invented abstractions in the mind. We are simply supposing the existence of an infinite amount of numbers, and we’re performing mathematical operations on this supposed infinity.”

We respond: we do not dispute that it is possible to suppose the existence of an actual infinity of numbers. But it is possible to suppose impossibilities. As such, merely supposing the unsoundness of Burhan Al-Tatbiq (which is what you’re doing by supposing the existence of an actual infinity of numbers) does not suffice as a response to the proof. And we have already demonstrated the impossibility of your supposition.

Sets

A set is a collection of discrete objects. When the opponent argues using Cantor’s theories however, they’re referring to sets of numbers (e.g. “the set of all real numbers” or “the set of all naturals numbers”). “Number” here is being used in the second sense outlined above. 

The opponent’s mistake is treating the set as an entity that pre-exists his conception of it. Rather, sets are mental constructions that do not exist independently from the mind.

We argue that a set with an infinite cardinality cannot exist. This is for two reasons:

  1. First: for a set to exist it must be constructed, and it is impossible to finish constructing an infinite set, because an infinite sequence of tasks cannot be finished.
  2. Second: a set with an infinite cardinality would be one that is comprised of an infinity of numbers. And we have already shown that it is impossible for an infinity of numbers to exist, so a set with an infinite cardinality cannot exist.

    Infinitude of Numbers

    If there cannot exist an infinity of numbers, in what sense are they “infinite”? The answer is that the infinitude of numbers is only a potentiality. In other words, the amount of actualized numbers is necessarily finite, but there is never a point when it would be impossible to invent a number that is greater or less than one already in existence.

    The above also applies to the cardinality of sets. At any point in time, the number of elements in a given set is necessarily finite. However, there is never a point when it would be impossible to construct a set that is larger than the one given.

    So since Cantor’s transfinite set theory supposes the existence of infinite cardinalities, and given the fact that this supposition is actually an impossibility, the opponent’s objection to Burhan al-Tatbiq falls.


    Footnotes

    [1] If the alternative were possible, then it would be possible for a lesser amount to equal a greater one. This is impossible, because that would make the lesser amount not lesser, and the greater amount not greater.


    [2] We would not be supposing an impossibility in this case, since each part of any body exists contingently, and contingents accept non-existence.


    [3] Al-Najatu fi Al-Mantiqi wa Al-Ilahiyat (pg 71).


    [4] We can also demonstrate that, according to the principles of the Philosophers, assuming an infinite past will entail it being possible for an infinite amount of concurrently existent parts to exist. And since the Philosophers accept that the latter is impossible, then they must accept that the former is so as well.

    This is given that they believe in the existence of beginningless bodies, and that matter is infinitely divisible. So we say: suppose that those beginningless bodies were continuously dividing into two by breaking apart since eternity past, such that the number of bodies at any given moment, is double the number of bodies that existed in the previous moment. And because this would have been occurring since eternity past, the numbers of bodies at any given moment must be an actual infinite amount of concurrently existent parts.


    [5] Actual Infinite: an amount whose actualized parts total infinity. “Actualized” meaning: entered into existence.

    For example: if someone were to claim that they finished counting all the natural numbers, then they’re claiming that the amount of counted numbers is an actual infinite.

    Contrasted with a potential infinite, which is a finite amount that accepts continuous increases. One that never reaches a point when it becomes impossible for it to increase. One that never reaches a point when the number of actualized parts totals infinity.<
    For example: the count of natural numbers. This is because we can name a greater natural for any natural that is given to us. The amount of counted numbers is always finite, but there is no point when it would be impossible to name a greater natural than the one given.


    [6] The number of events that entered into existence before today, is greater than the number of events that entered into existence before last year. Since the number of events that entered into existence before today, is equal to the number of events that entered into existence before last year, plus the number of events that entered into existence between today and last year. Thus, the number of actualized events increases as time progresses.


    [7] Since Burhan Al-Tatbiq depends on the fact that an infinite amount cannot be greater or less than another infinite amount. And so, any amount which accepts increases or decreases cannot be infinite.


    [8] And so by way of mere counting, the counter can never know whether what he is counting is an actual infinite, or if it is some great finite amount that he simply has not finished counting yet.

    Monday 10 September 2018

    When Does a Human Fetus Become Human? Abortion and Islam - Shaykh Hamza Yusuf

    When Does a Human Fetus Become Human?

    Published by Shaykh Ḥamza Yūsuf in Renovatio (Source | Archived
    June 22, 2018 CE/1439 AH



    Do not sever the bonds of the womb.
    Qur’an 4:1
    Do not kill your children from fear of poverty.
    Qur’an 17:31
    On the Day when the one buried alive will be asked for what sin was she killed.
    Qur’an 81:8–9
    Marry and be fruitful, for I will be proud of the multitudes of my community of believers on the Day of Judgment.
    Prophet Muĥammad
    To die by other hands more merciless than mine.
    No; I who gave them life will give them death.
    Oh, now no cowardice, no thought how young they are,
    How dear they are, how when they first were born;
    Not that; I will forget they are my sons
    One moment, one short moment—then forever sorrow.
    Euripides’ Medea

    In English, the term we define ourselves with, human being, emphasizes “being” over doing. It is not our actions that mark us as humans but our mere being. When, then, do we come to be? When does that being we identify as human first become human? The answer is consequential for many reasons, not the least of which is that our nation’s foundational document states that all human beings are “endowed by their Creator with certain unalienable rights” that include the rights of “life, liberty, and the pursuit of happiness.” The question of when human life begins stubbornly remains a central point of contention in the debate, now raging for half a century, regarding the ethics of abortion. The Supreme Court made its decision, but for many, it is far from a settled matter.

    Beyond our borders, meanwhile, induced abortion rates are increasing in developing nations, despite declining slightly in developed nations; an estimated one-quarter of all pregnancies worldwide end in abortion.1 The debate over abortion still rages across parts of Europe and remains contentious in North Africa, the Middle East, Asia, as well as Central and South America. While the Catholic Church continues to prioritize abortion as an egregious social ill, for many, abortion has become an acceptable option for dealing with unwanted pregnancies. Increasingly, some Muslims are adding their voices to the conversationsome even supporting legalization in areas where abortion remains illegal.

    Given this global trend, it becomes all the more urgent to re-examine the normative view of infanticide and abortion in the Islamic legal tradition, which relies on the Qur’an, prophetic tradition, and scholastic authority for its proofs.

    Abortion derives from the Latin word aboriri,2 meaning “to perish, disappear, miscarry.”3 The verb to abort is both intransitive (meaning to “miscarry” or “suffer an abortion”) and transitive (“to effect the abortion of a fetus”).4 In standard English, we also use the word to connote the failure of something, as “an aborted mission”—something that ends fruitlessly. As a noun, abortion means “the expulsion of a fetus (naturally or esp. by medical induction) from the womb before it is able to survive independently, esp. in the first 28 weeks of a human pregnancy.”5

    Historically, civilizations and religious traditions often grouped abortion with infanticide—defined as “the killing of an infant soon after birth” by the Oxford Modern English Dictionary. Indeed, even some modern philosophers link abortion and infanticide by arguing for what they euphemistically term “after-birth abortions.”6 Reviewing the sordid history of infanticide since the Axial Age7 and how the different faith traditions inspired a change in attitudes about both practices helps set the stage for understanding the Islamic ethical vision toward abortion, which depends ultimately, as we’ll see, on the central question of when human life begins. The Mālikī legal school—or the Way of Medina,8 as it was known—offers modern Muslims a definitive response rooted in the soundest Islamic methodology to a seemingly intractable problem vexing our world today.

    Infanticide and Abortion in Premodern Civilizations

     

    Arguably, the justifications proffered for infanticide approximate those proposed for abortions, although significant differences remain. A striking aspect of both infanticide and abortion, however, is their apparent historical universality. Historian Anne-Marie Kilday9 quotes Michelle Oberman, author of When Mothers Kill: “Infanticide was common among early people, particularly insofar as it enabled them to control population growth and to minimize the strain placed on society by sickly newborns.”10 Kilday continues,
    In the main, therefore, there have been two contexts for child murder throughout history: first, the killing of what were considered to be “defective” offspring, and, second, the killing of “normal” but unwanted children. The exposure and/or infanticide of sickly or disabled infants was an accepted feature of ancient Greco-Roman cultures, as is evident from various contemporary literary sources such as Plato, Aristotle, Seneca and Pliny. In the city-state of Sparta, for instance, only children expected to make good soldiers or healthy citizens were allowed to survive past infancy. In Ancient Egypt, in China, India and throughout the Orient, a similar approach was adopted toward “defective” infants.11
    The ancient Greeks apparently had few qualms about infanticide and would leave deformed or unwanted children exposed to the elements to perish. Such a cold act of exposure was perhaps less heinous, in their minds, than the hot act of forcefully murdering the child; it was a sin of omission that mitigated the savagery of a sin of commission. In Plato’s Republic, Socrates, in describing how the guardians will be raised, tells Glaucon:
    Then the children as they are born will be taken in charge by the officers appointed for the purpose, whether these are men or women, or both.… The children of good parents, I suppose, they will put into the rearing pen, handing them over to nurses who will live apart in a particular portion of the city; but the children of inferior parents and all defective children that are born to the others they will put out of sight in secrecy and mystery, as is befitting.12
    In The Politics, Aristotle echoed a similar sentiment:
    As to the exposure and rearing of children, let there be a law that no deformed child shall live, but where there are too many (for in our state population has a limit), when couples have children in excess, and the state of feeling is averse to the exposure of offspring, let abortion be procured before sense and life have begun; what may or may not be lawfully done in these cases depends on the question of life and sensation.13
    Classics scholar Jerry Toner, using a fictitious Roman nobleman speaking of the “occupational hazard” of getting slave girls pregnant, writes:
    I like to treat these offspring with greater indulgence than I would normal slaves, and give them slightly better rations and easier work…. Obviously I cannot be expected to treat all my illegitimate offspring in such a way. So if when born they look sickly, or if I already have enough in my household, I order the mothers to expose the infants by leaving them at the dump.14
    Merciless as those views may seem, the “right” to kill one’s children can be found in Rome’s earliest recorded law code, the Law of the Twelve Tables (Leges Duodecim Tabularum). Table VI legislated “that terribly deformed children shall be killed quickly.” Roman law also permitted a father to kill any newborn female.15 Among Stoic philosophers of Rome were those who did not consider a fetus human, thereby legitimizing abortion as an acceptable personal choice. It was only Christianity’s powerful influence within Roman society that would eventually radically alter these views.16

    As the religious traditions of the Axial Age penetrated large regions of the earth, they condemned infanticide as an affront to the sanctity of life. Abrahamic religious sentiment—and religious sentiment alone—shifted the attitudes of large numbers of peoples and inspired laws to prohibit infanticide and abortion. Child sacrifice, for instance, was thought to appease Molech, the god of the Ammonites, making infanticide a common practice in Phoenicia and other surrounding countries. But Leviticus 18:21 commands the Israelites, “Do not give any of your children to be sacrificed to Molech.”17 Due to the enormity of child sacrifice, the Mosaic law prescribed stoning as a suitable punishment.18
    Genesis 9:6 further states, “Whoever sheds the blood of man, by man shall his blood be shed; for in the image of God has God made man.”19 An alternate reading of this text renders “whoever sheds the blood of man in man,” which some rabbis argued referred to a fetus. For example, Tractate Sanhedrin of the Babylonian Talmud offers a rabbinical opinion concerning abortion:
    In the name of Rabbi Yishmael20 they said: “[A Noahide receives capital punishment] even for [destroying] a fetus.” What is the reason of Rabbi Yishmael? It is the verse “he who sheds the blood of man in man (adam bādam) shall his blood be shed” (Genesis 9:6). What is the meaning of “man in man?” This can be said to refer to a fetus in its mother’s womb.21
    Josephus,22 a first-century Jewish historian, wrote, “The law orders all the offspring to be brought up, and forbids women either to cause abortion or to make away with the fetus.”23 Jewish rabbinical tradition prohibits abortion unless the pregnancy threatens the mother’s life. Undeniably, Judaism’s strong stance against both infanticide and abortion informed early Christianity and the doctrine of the Church that emerged. An early Christian handbook for Church doctrine, the Didache (c. 85–110), states, “Thou shalt not murder a child by abortion nor kill them when born.”24 Some biblical scholars have even argued that the absence of abortion from the New Testament can be explained by its inconceivability to early Christians. In fact, according to C. Ben Mitchell,
    Early Christians did not just condemn abortion and infanticide; Christian communities were at the forefront of providing alternatives, including adopting children who were destined to be abandoned by their parents. Callistus (died c. 223) provided refuge to abandoned children by placing them in Christian homes. Benignus of Dijon (third century) offered nourishment and protection to abandoned children, including some with disabilities caused by failed abortions.25
    Strong prohibitions against infanticide and abortion also exist in Hindu and Buddhist literature. India, despite Hinduism’s condemnation of abortion, currently suffers from an epidemic of female feticide and even infanticide.26 Buddhism, much to the chagrin of Western pro-choice advocates who view the faith as meshing with a progressive ethos, clearly condemns abortion in its earliest scriptures. The Dhammapada, an early collection of sayings of the Buddha, states, “Considering others as yourself, do not kill or promote killing. Whoever hurts living beings ... will not attain felicity after death.”27 Professor of religion and Zen teacher David R. Loy writes,
    Abortion [in Buddhist tradition] is killing. According to the Pali Canon, the Buddha said that it breaks the first precept to avoid killing or harming any sentient being. Any monastic who encourages a woman to have an abortion has committed a serious offense that requires expiation.... This absolute rule in early Buddhism is a source of discomfort and embarrassment to many Western Buddhists, and is often ignored by those who are aware of it.28
    Concerning the sanctity of life, including the sanctity of life within the womb, tomes from the world’s religious traditions could be written, but it remains safe to say that the normative premodern traditions of the world’s religions have universally condemned abortion and infanticide. Islam, the last of the Abrahamic faiths, is no exception, for its primary source, the Qur’an, presents its teachings as an extension of previous dispensations.

    The Qur’anic Ban on Infanticide

     

    The great prophets of Judaism and Christianity find constant mention as early messengers in the Qur’an, and God reminds the Prophet Muĥammad ﷺ, “Say, ‘I am not an innovator among the messengers’” (Qur’an 46:9). Pre-Islamic Arabs of the Arabian Peninsula practiced infanticide but employed a different, if no less brutal, method than the Greco-Roman culture’s practice of death-by-exposure: the Arabs buried their children alive. They did it usually as a form of birth control, for reasons of poverty, or else out of shame at the birth of a girl. (The killing of male infants, driven by the scarcity of sustenance in the arid desert climate, was less common, though still practiced.) Commenting on the Qur’anic verse “Do not kill your children from poverty” (6:151), Imam al-Qurţubī29 (d. 671/1273) states, “Among [the Arabs] were those who also killed both their female and male children for fear of poverty.”30

    Several verses in the Qur’an prohibit infanticide. The sixth chapter states, “And thus their [belief in] false gods made the killing of their children appear good and led them to destruction while confusing them about true faith. If God willed, they would not have done that; so leave them and their lies” (6:137). Shortly after those verses, the Qur’an lays out what are considered by Muslim scholars to be the first principles of Abrahamic morality:
    Say: Come, I will recite to you what your Lord has forbidden you. You should not associate anything with Him; and be good to your parents, and do not kill your children on account of poverty—We provide for you and for them—and do not approach sexual indecencies, open or secret, and do not kill the soul—which God has made sacred. (6:151)
    Another verse addresses this topic with the subtle nuance of fear of poverty as opposed to the previous verse, which prohibits killing the child on account of poverty—in other words, an actual impoverished state. The pronouns in the above verse (for you and for them) emphasize that God provides for the parents first and then the children in the case of actual poverty to alleviate their fears. In the following verse, the pronouns are reversed (them and you), for the parents are afraid the addition of new children will reduce them to poverty despite their current well-being: “And do not kill your children out of fear of poverty—We provide for them and you. Indeed, killing them is an enormous sin. And do not approach fornication: surely it is an obscenity and leads to an evil end. And kill not the soul which God has forbidden, except for just cause” (17:31–33). Commenting on this verse, Qāđī Abū Bakr31 (d. 543/1148) relates a hadith where the Prophet ﷺ said killing a child from fear of poverty was the second gravest sin next to setting up “partners with God.” Then Abū Bakr mentions that infanticide “is the greatest of sins because it is an assault on the entire species,” and also because it “involves men taking on the qualities of predatory beasts.”32

    Similarly, another verse also prohibits infanticide and pairs it with censure of sexual deviance: “O Prophet, when believing women come to you to pledge allegiance to you that they will not associate anything with God, and will not steal, nor commit adultery, nor kill their children, nor bring a calumny which they have forged of themselves, nor disobey what is good, then accept their pledge and ask God to pardon them, for surely God is most forgiving, most merciful” (60:12).

    Regarding the practice of killing female infants, the Qur’an states, “And when news of the birth of a daughter is given to one of them, his face darkens, and he grieves within. He hides himself from the people out of distress at the news he’s given. Shall he keep it, in spite of ignominy, or shall he bury it (alive) in the dust? Oh, what an evil decision they make!” (16:58–59).

    The Qur’an thus unequivocally prohibits infanticide; scholars, by consensus, hold this position based upon the Qur’an, the prophetic tradition, and the consensus of the companions. In the history of Islam, there has never been debate about this issue.

    So what of abortion in Islam? In order to address that question, it will help to examine the surprisingly numerous verses in the Qur’anic discourse on embryology and the accompanying traditions attributed to the Prophet ﷺ.

    The Birth of Humans in the Qur’an and Hadith

     

    Ibn Abbās33 (d. 67/687), the Prophet’s companion and cousin, stated that the passage of time will continue to explain the Qur’an. We can appreciate the wisdom of that statement when we consider the Qur’anic verses and hadith that relate to how and when human life begins, especially in light of what today’s science has discovered about the process of birth. Scripture and science, taken together, can lead believers to rethink our understanding of when life begins, of the miracle of revelation, and most certainly of abortion.

    Unfortunately, commentaries on such Qur’anic verses and hadith contain many mistakes due to the difficulty in understanding the premodern, nontechnical terms used and the reality that the commentators of yore simply lacked the sound knowledge of embryology that we now possess through scientific discovery.

    More than a Clot

    Arabic words are notoriously difficult to translate due to the nuances involved in the root system of Arabic that cannot be replicated in other languages. In the first verses revealed to the Prophet Muĥammad ﷺ, the Qur’an declares, “Read, in the name of your Lord, who created: created man from an 'alaq” (96:1–2). The word 'alaq was traditionally understood as simply a “blood clot.” The root 'aliqa, however, means “to become pregnant”; according to Ibn Manżūr’s34 (d. 711/1311) Lisān al-'Arab, an authoritative Arabic dictionary, 'alaq also means “the desire of spouses for one another,” due to its root meaning “to cling to.”35 Other meanings are “anything attached to something, something that imbeds itself into another, such as a mountain or earth, blood of any type, or a portion of it, the cord of a bucket, any cord that holds something, a leech, a clot.”36 The most appropriate connotation is “something that imbeds itself into something else,” as in the imbedding of an embryo, or blastocyst, into the woman’s uterine wall. Another possible meaning is a clot, as in “a small compact group of individuals,” given the blastocyst is a collection of rapidly dividing individual cells. The classical understanding and subsequent translation of 'alaq as “blood clot” is simply wrong, though understandable given that a miscarriage often reveals congealed lumps that appear to be blood clots from the prematurely formed fetus.

    Also, regarding the creation of human beings, the Qur’an clearly states, in many verses, that we originate from the earth: “God has caused you to grow as a growth from the earth, and afterwards, He will make you return there. He will bring you forth again anew” (20:55). “God created you from the earth” (53:32). “God created you from clay” (32:7). “We began the creation of the human being (insān) from clay” (37:11). Another verse states that man was created from water: “He is the One who created from water man and established bonds of kinship and marriage” (25:54). These verses, according to exegetes, refer to the creation of Adam, peace be upon him, from earth and water, but they equally apply to all men, as earth and water are the sole components of our physical being.

    Interestingly, the Qur’an also states that man was created from a nuţfah: “God fashioned man from a nuţfah” (16:4). Again, we are confronted with the problem of translation. The meanings of nuţfah are “a minute quantity of fluid,” “a drop,” “a tiny drop left in a container,” “a flowing drop,” “drop of sperm,” “female drop [ovum].”37 What is striking about these Qur’anic verses is the accuracy with which they describe what we now know to be the male spermatozoon and the female ovum, both of which are shaped like a drop of water. The male reproductive cell, the spermatozoon, represents one of billions in the overall sperm ejected into a woman’s womb. These tiny spermatozoa, each containing a unique genetic code, race to reach the released ovum, which also contains a unique code, but only a few complete the journey, and only one or two actually penetrate the female’s ovum. The hadiths regarding this reproductive process reveal strikingly accurate details that premodern commentators misinterpreted due to their lack of the scientific knowledge necessary to understand them properly.

    For instance, according to one hadith, a Jewish man came to the Prophet ﷺ and asked a question that, according to him, only a prophet could answer: “From what is a man created?” The Prophet ﷺ replied, “It’s determined by both [the male and the female], from the nuţfah of the man and from the nuţfah of a woman.”38

    In a different narration of the same hadith, the man asked what determines the sex. He was told, “A man’s fluid is coarse white, and a woman’s is translucent yellow (aśfar raqīq). When they meet, if a male sperm (maniyy) (y chromosome) is dominant ('alā), then it is a boy. But if the female sperm (maniyy) (x chromosome) is dominant, then it is a girl.” The Prophet ﷺ clearly distinguishes between the ovum (female nuţfah) and the spermatozoon (male nuţfah) and the sperm (maniyy), which he described as being both male and female (x and y chromosomes that a man receives from his mother and father).

    An astonishing part of this hadith is the description of the woman’s contribution to conception: aśfar raqīq, a precise translation of which is “translucent yellow.” Only recently has technology enabled us to actually photograph, in color, the release of an ovum from the ovaries; as it emerges, it is clearly a tiny egg in the shape of a drop, and its color, due to the cumulus oocyte complex that surrounds the ovum, is described in the literature as “translucent yellow.” In short, the nuţfah in the Qur’anic verses and the above hadith refers to both the male “drop” of sperm and the female “drop” of the ovum, described elsewhere in the Qur’an and the hadith39 as the woman’s “water” and the man’s “water,” both relatively accurate terms, given that more than seventy-five percent of the material is water.


    What Begins Life?

    Another meaning of nuţfah in modern technical terminology is “zygote” and the subsequent embryological stages during the first nine days. A zygote is formed by a fertilization of two gametes, male and female, before cleavage occurs. On the tenth day, embryogenesis results, and the ¢alaq phase begins in which the newly formed life imbeds (ta'allaq) in the uterine wall. The proof that nuţfah also means zygote and embryo is in chapter seventy-six of the Qur’an, appropriately entitled “The Human Being” (al-Insān). The first two verses state, “Hasn’t there been a time when man was nothing worth mention, for We made man from a mixed drop” (76:1–2).

    The words “mixed drop” are a translation of nuţfah amshāj, an Arabic phrase that caused much confusion among commentators because the noun nuţfah is in singular form while amshāj, its adjective, is plural; in Arabic grammar, the adjective, in a case like this, should agree with the noun in number. Al-Zamakhsharī 40(d. 538/1144), in his attempt to solve this vexing grammatical dilemma, goes as far as saying amshāj is singular despite its clear plural form. It could also be an appositive of nuţfah. The point, however, is the two nuţfahs of the male and the female (i.e., the spermatozoon and ovum) become one nuţfah mixed (amshāj) with the genetic material of the two parents. Setting aside whether it is an adjective or an appositive, the word amshāj, according to Lisān al-'Arab, can mean “the mixing of two colors” and “the mixing of a man’s water (spermatozoon) and a woman’s water (ovum), then it goes from stage to stage.”41 In modern Arabic, mashīj, the singular of amshāj, is “gamete.”42 This appears to be an excellent description, given that each human cell contains twenty-three pairs of chromosomes, and each chromosome is formed by the joining of two nucleotides, which make up the strand of DNA. Scientists have color-coded the strands of nucleotides to better visualize the DNA. The model of “joining of two colors” in each strand is now universally used in teaching about the genetic code of life.

    In a well-known hadith narrated by Ibn Mas'ūd43 (d. 32/653), the Prophet ﷺ begins describing the process of human creation by saying, “Verily, the creation of one of you is brought together in the mother’s womb for forty days.”44 Commenting on this hadith, Mullah 'Alī al-Qārī45 (d. 1014/1605) states, “The material of his creation (māddat khalqihi) is gathered and then protected.”46 He then explains the meaning of the “gathering” (jam') using a tradition from Imam al-Ţabarī47(d. 310/923) and Ibn Mandah48 (d. 395/1005), in which the Prophet ﷺ was reported to have said,

    If God desires to create a servant, He does so through the man having intercourse with the woman in which his “water” penetrates every root and part of her [“water”]('irq wa 'uđw), and on the seventh day, He gathers it, and then produces [a new life] from every “genetic disposition” ('irq) back to Adam. [And then the Prophet ﷺ recited the verse,] “In whatever form He wishes to assemble you from various components (rakkabak).” (82:8)49
    The word the Qur’an uses for assemble (rakkaba) means “to assemble from various parts” or “put together,” “to make, prepare out of several components or ingredients.”50 Mullah 'Alī then says, “This meaning is confirmed by the Prophet’s words when a light-skinned Arab woman gave birth to a black boy and her husband accused her of infidelity. The Prophet ﷺ said, ‘Perhaps it is from a distant root (naz'ahu 'irq).’”51 Today we would call this a recessive gene. The hadith implies the vast genetic variations that happen with each individual spermatozoon and ovum. Each contains a unique combination (tarkībah) that will provide an entirely new individual never before existent.

    Rethinking the Stage of Ensoulment

    At what stage during the creation of the human being does ensoulment occur? Clearly, the Qur’an describes each stage of growth within the womb as one we passed through as a human being: “Surely We created the human being from a quintessence of clay, and then We made him [man] a fertilized egg (nuţfah) in a safe place, and then We made him [man] a clot, and then We made the clot an embryo, and then We made the embryo bones and clothed the bones in flesh, and then We originated another creation” (23:12–14). Commenting on this verse, the eminent Malaysian scholar and metaphysician Syed Naquib al-Attas writes,

    From the fusion of the two gametes God created (khalaqa) a new individual organism; and from this organism He created (khalaqa) an embryo; and from the embryo He created (khalaqa) a foetus. Thus we see from this that the whole process in the various stages of the emergence of the animal being into definite shape and construction complete with organs is not something natural; i.e. it is not something due to the workings of nature, but that at every stage it is God’s act of creation setting the created thing in conformity with its constitution in the womb (i.e. its fiţrah). Then from this final foetal stage, God originated (ansha’a) another creature. This refers to the introduction of the spirit (al-rūĥ) that God breathed into the animal being after He had fashioned it in due proportion.52
    One of the derivations of the word originate (ansha’a) in Arabic means “to elevate.” It is the introduction of the immaterial aeviternal soul that elevates the new creation to a spiritual human being that exists as body and soul. The partially quoted aforementioned hadith of Ibn Mas¢ūd says, “Verily, the creation of one of you is brought together in the mother’s womb for forty days in the form of a drop (nuţfah), then he becomes a clot ('alaqah) for a like period, then a lump for a like period, then there is sent an angel who blows the soul into him.”53 Based on this hadith, the majority of scholars in the past claimed ensoulment was on the 120th day after conception.

    A second interpretation argued that the words “a like period” (mithla dhālik) refer back to the first forty, and thus all the stages occur during a forty-day period. Another hadith in Imam Muslim’s54 (d. 261/875) collection (Śaĥīĥ Muslim) clarifies the ambiguity of the number of days in the above hadith by saying the angel comes at six weeks.* Scholars have been in agreement that the ensoulment occurs immediately after the “lump” phase, when the fetus takes on a form: modern science has confirmed this occurs around six weeks; the hadith related by both Muslim and Abū Dāwūd55 (d. 275/889) concurs with modern science.

    The argument that ensoulment occurs soon after 40 days ultimately proves far stronger than the traditional majority view that it occurs after 120 days, given what we know of embryogenesis today. The basis for 120 days, if taken from the hadith in its standard interpretation, would mean that the hadith contradicts today’s medical views that are based upon unshakeable biological evidence. The well-known criterion among hadith scholars is that a hadith cannot contradict something known by reason with proofs beyond reasonable doubt. Thus, should a hadith contradict agreed-upon factual knowledge, scholars either reject it or, if possible, reinterpret it if the language allows for other possibilities, as can be done in this case. As mentioned earlier, one alternate view among early scholars was that the three 40-day periods are not consequential but concurrent; the three stages occur in the same forty days based upon the ambiguity of the phrase “a like period.” This interpretation, which the Arabic allows for, and given the soundness of its chain, remains the only acceptable one.

    Does Human Life Begin Before Ensoulment?

     

    In the view of Imam Mālik b. Anas56 (d. 179/795) and the Mālikī scholars of the Way of Medina, a child (walad) is created at inception, when the exchange of genetic material occurs and the requisites for the formation of a unique human being exist. Were it not so, argue the jurists of this school, the Prophet ﷺ would not have made blood compensation necessary if a person caused a woman to miscarry.
    The hadith related by Ibn Mājah57 (d. 273/887) quotes the Prophet ﷺ as saying, “A miscarried fetus will fumble about the door of paradise saying, ‘I won’t enter until my two parents enter.’”58 Khaţīb al-Tabrīzī59 (d. 741/1340) relates a similar version: “Surely the miscarried fetus will dispute with its Lord if its parents end up in Hell, and it will be said, ‘O miscarried one, bring your parents to paradise.’”60 When a woman from the Hudhayl tribe struck another pregnant woman from her clan, causing her to miscarry, the Prophet ﷺ told the woman’s agnates that blood money was owed. When one of her clan members asked, “Do we compensate for what never ate, nor drank, nor sighed, nor cried; can such a one be said to have been killed and died,” the Prophet ﷺ replied, “Are these the rhymes of the days of ignorance? Pay the blood money of the child.”61

    The Mālikī scholars point out that the Prophet’s ruling was not based on the stage of the pregnancy. They argue that the embryo is considered a child even at the earliest stages of pregnancy, and blood money would be owed. Moreover, the Prophet ﷺ called the miscarried fetus “a child” (śabiyy), and so the matter falls under the prohibition of the Qur’anic verses that prohibit killing children. Ibn Abī Zayd al-Qayrawānī62 (d. 386/996), an authoritative voice in the Mālikī school and in the Islamic tradition, writes:
    Mālik says, “If a pregnant woman is struck, causing her to lose her child, whether still in lump phase (muđghah) or even an imbedded embryo ('alaqah), and nothing is discernible from its creation—neither eye nor finger nor anything else—if the women who know about such things determine that it was a child [i.e., that she was actually pregnant], then financial compensation is owed….” Ibn Shihāb [d. 124/742] said, “Whether the fetus was formed or not [money is owed]. If there were twins or triplets, each demands compensation.”63


    Imam al-Rajrājī64 (d. 633/1236), in his commentary on Imam Mālik’s position on abortion, also concurs, and adds that a fetus at any stage is considered a child.65

    The term the Qur’an uses for a life within the womb is janīn, which means what is hidden from the eye or concealed; the greater the concealment, the more applicable the name. Thus, a zygote, embryo, blastocyst, and fetus are all called janīn in Arabic. Rāghib al-Iśfahānī66 (d. 502/1108) defines the janīn as “a child (walad) as long as it is in the womb of its mother.”67 Other Qur’anic verses affirm that God considers all stages of fetal development to be a human life: “Does the human being think he’ll be left for naught? Was he not an embryo from male and female fluid released?” (75:36–37).68 The verse could have said, “Was he not created from an embryo,” but instead it states unambiguously, “Was he not an embryo.” Another verse states, “Surely We created the human being from a quintessence of clay, and then We made him into an embryo in a safe place” (23:12–13). Again, it says clearly that “We made him into an embryo.” The Qur’anic narrative ineluctably defines our creation at each stage of our individual journeys within our respective wombs as a unique human being.

    The ensoulment most likely relates to and initiates human brain activity that will eventually develop into the capacity for human thought, which, according to traditional Islamic metaphysics, is immaterial by nature and only occurs through the vehicle of, but is not synonymous with, the brain—hence, our distinction in English between mind and brain, and in Arabic between ¢aql and dimāgh. Michael Gazzaniga,69 a leading researcher in cognitive neuroscience, writes that from the time of fertilization of the human sperm and egg, “the embryo begins its mission: divide and differentiate.” Within hours, it develops layers of cells that then become the endoderm, mesoderm, and ectoderm, the layers that will give rise to every organ in the human body. Within weeks, the neural tube of the embryo spawns the central nervous system, the ventricles of the brain, and the central canal of the spinal cord. By the fourth week, he explains, the neural tube develops bulges that become the major divisions of the brain. He continues, “Even though the fetus is now developing areas that will become specific sections of the brain, not until the end of week 5 and into week 6 (usually around 40–43 days) does the first electrical brain activity begin to occur.”70

    This description of the development of the brain, and the timing of the start of brain activity, correspond quite precisely to the prophetic tradition of ensoulment within six weeks.

    Still, the infusion of the soul (nafkh al-rūĥ), its nature, and its exact time remain a mystery. In Imam Muslim’s collection, in a chapter entitled “The Jew’s Question to the Prophet About the Soul (rūĥ),” the Prophet ﷺ was asked by a Jew about the nature of the soul. The Prophet ﷺ was silent, and the narrator said, “I knew something was being revealed to him.” When the revelation came, the Prophet ﷺ replied from the Qur’an, “They ask you about the soul. Say, ‘The soul is from the command of my Lord; and you are given but a little knowledge’” (17:85).71

    The Islamic Consensus on Abortion

     

    The position of the scholars of the Way of Medina, that the fetus in all its stages is a living child, continues down to the present day without any dissenting voices. Qāđī Abū Bakr b. al-'Arabī, a formidable Mālikī mujtahid (one who is capable of independent juridical reasoning, or ijtihād), says in his commentary of Mālik’s Muwaţţa’,
    Three states exist concerning child-bearing: the state before conception when coitus interruptus is used to prevent pregnancy, and that is permissible; the second state occurs once semen has been received by the womb, at which point it is impermissible for anyone to attempt to sever the process of procreation as is done by some of the contemptible merchants who sell abortifacients to servant girls when their periods stop; the third situation is after the formation of the fetus and the ensoulment, and this third state is even more severe than the first two in its proscription and prohibition.72
    This view is affirmed by other Mālikī scholars, with some minor dissensions. For instance, Qāđī ¢Iyāđ73 (d. 544/1149) says, “Some opined that the embryo has no sanctity for the first forty days nor the legal stature of a child (walad); others argued that it is not permissible to disrupt conception or cause an abortion once conception has occurred in any way whatsoever! However, coitus interruptus differs in that it has not reached the womb.”74 Most Mālikī scholars clearly believed in the sanctity of life from inception onward. Imam al-Khirshī75 (d. 1101/1690) says, “It is not permissible for a woman to do anything that would lead to an abortion causing the fetus to miscarry, nor is it permissible for the husband to do so, even if it is before forty days.”76 Imam Ibn Juzayy al-Kalbī77 (d. 741/1340) says, “If the womb receives the sperm, it is not permissible to attempt to thwart [conception] or harm it. Even worse involves an attempt once conception occurs, or worse yet after ensoulment, which, by consensus, is murder.”78 Finally, in the authoritative collection of legal responsa of the Mālikī school, Imam al-Wansharīsī79 (d. 914/1508) writes, “Our imams have prohibited using any drugs that cause infertility or that remove semen from the womb; this is the opinion of the masters and experts.”80 Then, after quoting the statement above from al-Qabas of Qāđī Abū Bakr, he continues,
    If you have contemplated the conclusion of what was presented from the master jurist Qāđī Abū Bakr, you should realize without any doubt that an agreement between the husband and the wife to abort their child or any attempt to do that is absolutely prohibited—forbidden! It is not permitted from any perspective. And if the mother should do so, she owes blood money and should be punished according to the discretion of the judge…. Along the same lines, 'Izz b. 'Abd al-Salām81[d. 660/1262] was asked, “Is it permissible to give a woman drugs that would prevent pregnancy?” He replied, “It is not permitted for a woman to use medicine that would eliminate her capacity to become pregnant.”82

    The references to induced abortion in early Islam are scarce and generally occur in books of jurisprudence, in sections on blood compensation (diyah), which examine situations where someone caused a woman to lose her child. The permissibility of abortion was inconceivable to early Muslims even though abortifacients were readily available.

    The Persian polymath Avicenna83 (d. 428/1037) records more than forty abortifacients in his magisterial medical compendium al-Shifā’. In the only section dealing with abortion entitled “On Situations Requiring an Abortion,” he writes: “There may be a situation in which you need to abort a fetus from the uterus in order to save the mother’s life.”84 He lists three conditions where a pregnancy threatens a woman’s life and then lists several ways to induce an abortion in cases where those conditions exist. He gives no other reasons for aborting a fetus.85

    The sole exception among Mālikī scholars regarding abortions was Imam al-Lakhmī86 (d. 478/1085), who permitted abortion of an “embryo” (nuţfah) before forty days. Arguably, he would recant his position if he knew what we know today about fetal development. Nevertheless, his position was never taken up for serious discussion by any Mālikī scholar and remains a mere mention as a sole dissenting voice in books of legal responsa.

    Far too often today, the positions favoring the permissibility of abortions in other schools of jurisprudence are presented in articles and fatwas without the nuance that one finds in the original texts. This results from either disingenuousness or shoddy scholarship. For instance, Imam al-Ramlī87 (d. 1004/1596), held in high esteem in the Shāfi¢ī school, is invariably quoted as permitting abortion, but he clearly qualifies his position. He states, for instance, “If the embryo results from fornication, [abortion’s] permissibility could be conceivable (yutakhayyal) before ensoulment.”88 He also believed that the stages of nuţfah, 'alaqah, and muđghah, occurred during the first 120 days, but we now know they occur in the first 40 days; the question remains whether he would alter his position had he known this. Mistakenly, he also claims that Imam al-Ghazālī, perhaps the most important legal philosopher in the history of Islam, did not categorically prohibit abortion. In The Revival of Religious Sciences, Imam al-Ghazālī89 discusses various positions of scholars on birth control and then states,
    It should not be viewed like abortion or infanticide, because that involves a crime against something that already exists, although the creative process has degrees: the first degree of existence is the male sperm reaching the female egg in preparation for the beginning of life. To disrupt that is criminal (jināyah). If it becomes a clot or a lump, the crime is even more heinous. And should ensoulment occur and the form completed, the crime is even more enormous; the most extreme crime, however, is to kill it once it has come out alive.90

    Clearly in this passage, Imam al-Ghazālī prohibits abortion, in no uncertain terms, during each stage of fetal development but opined that as the fetus developed within the womb, the severity of the crime increased by degrees.

    Even regarding coitus interruptus, according to a sound tradition from Śaĥīĥ Muslim, the Prophet ﷺ stated, “That is a hidden type of infanticide (al-wa’d al-khafiyy).”91 Scholars interpret that to mean it is disliked, but the Prophet’s strong language concerning birth control by likening it to a hidden form of infanticide indicates that aborting a fetus would surely be considered infanticide. And this is the position of the jurist Imam Ibn Taymiyyah92 (d. 728 AH/1328 CE), who asserts that abortion is prohibited by consensus: “To abort a pregnancy is prohibited (ĥarām) by consensus (ijmā¢) of all the Muslims. It is a type of infanticide about which God said, ‘And when the buried alive is asked for what sin was she killed,’ and God says, ‘Do not kill your children out of fear of poverty.’”93

    The overwhelming majority of Muslim scholars have prohibited abortion unless the mother’s life is at stake, in which case they all permitted it if the danger was imminent with some difference of opinion if the threat to the mother’s life was only probable. A handful of later scholars permitted abortion without that condition; however, each voiced severe reservations. Moreover, none of them achieved the level of independent jurist (mujtahid). To present their opinions on this subject as representative of the normative Islamic ruling on abortion is a clear misrepresentation of the tradition. Those scholars permitted abortion only prior to ensoulment, which they thought occurred either within 40 days or 120 days. Further, these opinions were based on misinformation about embryology and a failure to understand the nuances of the Qur’anic verses and hadiths relating to embryogenesis. Modern genetics shows that the blueprint for the entire human being is fully present at inception, and thus we must conclude once the spermatozoon penetrates the ovum, the miracle of life clearly begins. Ensoulment occurs after the physical or animal life has begun. Given that twenty percent of fertilized eggs spontaneously abort in the first six weeks after inception, the immaterial aspect of the human being, referred to as “ensoulment” (nafkh al-rūĥ), would logically occur after that precarious period for the fertilized egg at around forty-two days; but God knows best.

    Abortions, especially those performed after forty days of fetal development, also violate a different teaching of the Islamic tradition: the prohibition of mutilation. A six-week-old fetus clearly has the form of a child, with budding arms and legs, a head, the beginning of eyes and ears. Imagery of actual abortions performed is pervasive in its depictions of ripped arms and legs from the bodies of fetuses. Ibn ¢Abd al-Barr94 (d. 463/1071) said, “There is no disagreement on the prohibition of mutilation.”95
    The Qur’an states that God created us in stages (71:14). Each of these stages—the zygote, the embryo, the clot of cells, the lump formed and unformed, and finally the growing fetus—is a stage every human being experiences. The Prophet ﷺ said, “God says, ‘I derived the womb (raĥim) from My own Name, the Merciful (al-Raĥmān), so whoever severs the womb bond, I will sever him from My mercy.’”96 What constitutes a greater severance of the womb bond than aborting a fetus bonded to the womb? The act of abortion surely “severs the womb bond,” and the womb is a place the Qur’an calls “a protected space” (23:13), meaning God is its protector. Any act of aggression on that sacred space aggresses on a place made sacred by the Creator of life itself.

    The Arabic word for “womb” (raĥim) has an etymological relation to the word for “sanctity” (ĥurmah) in what Arabic linguists call “the greater derivation.” The womb has a divine sanctity. God created it as the sacred space where the greatest creative act of the divine occurs: the creation of a sentient and sapiential being with the potential to know the divine. The miraculous inevitability of a fertilized egg occurs only by the providential care of its Creator. Each forebear—from the two parents to their four grandparents to their eight, exponentially back to a point where they eventually invert back to only two people—had to survive wars, famines, childhood sicknesses, natural disasters, accidents, and every other obstacle to the miracle that stands as the myriad number of people alive today. We are each a part of an unbroken chain back to the first parents.

    Extreme poverty and the desire for independence from children in a world that has devalued motherhood through intense individualistic social pressures related to meritocracy, psychology, and even the misuse of praiseworthy gender egalitarianism are the primary reasons people in the West today choose abortions. No doubt, many women are genuinely challenged and feel inadequate and unprepared as mothers. The largest demographic among the poor in America remains single mothers. Abortions motivated by knowing, through the miracle of ultrasound technology, that the offspring will be female, as is the case in China and India, can be seen as an “advanced” form of the infanticide that was practiced in ancient times after birth. Arguably, if the pre-Islamic Arabs had possessed ultrasound and modern methods of abortion, they would not have waited for the female child to come to term; rather, they would have aborted the infant in the early stages of pregnancy. Genetic testing can also now predict (not always reliably) any number of serious disabilities a child may be born with. Absent any religious injunctions on the sanctity of life, abortion is arguably a “valid” way of dealing with unwanted pregnancies and overpopulation, not to mention the promotion of eugenics.

    When the angels inquired as to why God would place in the earth “those who shed blood and sow corruption,” God replied, “I know what you do not” (Qur’an 2:30). God knew there would be righteous people who would refuse to shed blood. Abortions are noted for the blood that flows during and after them. For anyone who believes in a merciful Creator who created the human being with purpose and providence, abortion, with rare exception, must be seen for what it is: an assault on a sanctified life, in a sacred space, by a profane hand.

    Endnotes

    • 1 Guttmacher Institute, “Induced Abortion Worldwide,” last modified March 2018, www.guttmacher.org/fact-sheet/induced-abortion-worldwide.
    • 2 Charles G. Herbermann et al., eds., The Catholic Encyclopedia (New York: Robert Appleton, 1907), 1:46.
    • 3 Robert K. Barnhart, ed., Chambers Dictionary of Etymology (New York: H. W. Wilson, 1988), 4. According to Chambers, the word came into use in 1580. The first use of abortionist, one who performs an abortion, was in 1872.
    • 4 Della Thompson, ed., Oxford Modern English Dictionary, 2nd ed. (New York: Oxford University Press, 1996), 3.
    • 5 Oxford Modern English Dictionary, 508.
    • 6 Two philosophers, Alberto Giubilini and Francesca Minerva, argued in the Journal of Medical Ethics that “when circumstances occur ‘after birth’ such that they would have justified abortion, what we call ‘after-birth abortion’ (killing a newborn) should be permissible.” See Alberto Giubilini and Francesca Minerva, “After-Birth Abortion: Why Should the Baby Live?” Journal of Medical Ethics (April 13, 2012), jme.bmj.com/content/early/2012/04/12/medethics-2011-100411. Also see William Saletan, “After-Birth Abortion: the Pro-Choice Case for Infanticide,” Slate (March 12, 2012), slate.com/articles/health_and_science/human_nature/2012/03.
    • 7 The Axial Age is a term first used by German philosopher, Karl Jaspers, characterizing the period from the eighth to the third century B.C.E. Jaspers argued that “the spiritual foundations of humanity were laid simultaneously and independently in China, India, Persia, Judea, and Greece. These are the foundations upon which humanity still subsists today.” Karl Jaspers, The Way to Wisdom: An Introduction to Philosophy (New Haven: Yale University Press, 2003), 98.
    • 8 Imam Ibn Taymiyyah said, “To clarify the Way of Medina and its preference over other schools among the various other cities is among the most important of matters when the innovations of the ignorant and those who follow opinions, whims, and heresies of the egos become widespread, and God knows best.” Ibn Taymiyyah, Tafđīl madhhab al-Imām Mālik wa ahl al-Madīnah (Cairo: Dār al-Fađīlah, 2006), 163.
    • 9 Kilday is dean and professor of criminal history in the faculty of Humanities and Social Sciences at Oxford Brookes University. Her research and teaching focus on the history of violent crime and its punishment in Britain and America.
    • 10 Anne-Marie Kilday, A History of Infanticide in Britain c. 1600 to the Present (New York: Palgrave, 2013), 3.
    • 11 Kilday, A History of Infanticide in Britain, 3.
    • 12 Plato, Republic (New York: Everyman’s Library, 1992), 142.
    • 13 Benjamin Jowett, trans. Aristotle’s Politics, Book VII (New York: Barnes and Noble 2005), 1999.
    • 14 Jerry Toner, The Roman Guide to Slave Management: A Treatise by Nobleman Marcus Sidonious Falx (New York: The Overlook Press, 2014), 70.
    • 15 See Stringfellow Barr, The Mask of Jove (New York: J.B. Lippincott, 1966).
    • 16 Michael J. Gorman, Abortion and the Early Church: Christian, Jewish & Pagan Attitudes in the Greco-Roman World (Downers Grove, IL: InterVarsity Press, 1982), 32.
    • 17 Kenneth L. Barker, ed., New International Version Study Bible (Grand Rapids, MI: Zondervan, 2002), 225.
    • 18 Barker, New International Version Study Bible, 225, 228.
    • 19 Barker, New International Version Study Bible, 24.
    • 20 Considered one of the most prominent “fathers of Talmudic literature,” Rabbi Yishmael was a rabbinic sage of the second century.
    • 21 Daniel Schiff, Abortion in Judaism, (New York: Cambridge University Press, 2002), 52.
    • 22 A biographer from Jerusalem, Titus Flavius Josephus was also a Roman citizen. He recorded Jewish history and studied Jewish law with the Sadducees, Pharisees, and the Essenes.
    • 23 C. Ben Mitchell, Ethics and Moral Reasoning: A Student’s Guide (Wheaton, IL: Crossway, 2013), 35.
    • 24 Mitchell, Ethics and Moral Reasoning, 35.
    • 25 Mitchell, Ethics and Moral Reasoning, 36.
    • 26 See Ranjani Iyer Mohanty, “Trash Bin Babies: India’s Female Infanticide Crisis,” The Atlantic (May 25, 2012), www.theatlantic.com/international/archive/2012/05/trash-bin-babies-indias-female-infanticide-crisis/257672/.
    • 27 Thomas Cleary, Dhammapada: The Sayings of Buddha (New York: Bantam Books, 1995), 47.
    • 28 David R. Loy, Money, Sex, War, Karma: Notes for a Buddhist Revolution (Boston: Wisdom Publications, 2008), 67.
    • 29 A jurist and a scholar of Arabic, Imam al-Qurţubī is best known for his book on exegesis, al-Jāmi' li aĥkām al-Qur’ān also referred to as Tafsīr al-jāmi' or Tafsīr al-Qurţubī. His commentary remains among the most important legal commentaries of the Qur’an.
    • 30 Imam al-Qurţubī, al-Jāmi' li aĥkām al-Qur’ān (Beirut: Dār al-Kutub al-'Ilmiyyah, 1993), 7–8:86.
    • 31 Known mainly for his writings in exegesis and law, Qāđī Abū Bakr b. al-'Arabī was a preeminent Mālikī jurist from Andalusia. He was the last student of Imam Abū Ĥāmid al-Ghazālī.
    • 32 Qāđī Abū Bakr b. al-'Arabī, Aĥkām al-Qur’ān (Beirut: Dār al-Kutub al-'Arabī, 2000), 3:149.
    • 33 A leading scholar and jurist of Islam as well as a narrator of hadith, Ibn 'Abbās was the son of the Prophet’s uncle, 'Abbās.
    • 34 A jurist and a judge, Ibn Manżūr is the author of Lisān al-'Arab, a twenty-volume Arabic dictionary.
    • 35 Ibn Manżūr, Lisān al-'Arab (Beirut: Dār al-Kutub al-'Ilmiyyah, 1993), 2:215.
    • 36 Ibn Manżūr, Lisān al-'Arab, 2:215–16.
    • 37 Ibn Qayyim al-Jawziyyah, Tuĥfat al-walūd bi aĥkām al-walūd (Cyprus: Dār al-Bashā’ir al-Islāmiyyah, 1989), 220.
    • 38 al-Jawziyyah, Tuĥfat al-walūd bi aĥkām al-walūd, 220.
    • 39 In the case of the hadith, which differs in the various narrations, oral transmission allows for the real possibility of mistakes in words or substitute words that convey a similar meaning, especially given the completely novel nature of the subject to the listeners.
    • 40 A scholar in exegesis, Arabic grammar, and rhetoric, al-Zamakhsharī is known for his major work, al-Kashshāf 'an ĥaqā’iq al-tanzīl (also known as Tafsīr al-Zamakhsharī).
    • 41 Ibn Manżūr, Lisān al-'Arab, 2:556.
    • 42 Hans Wehr, Arabic-English Dictionary, ed. J.M. Cowan (Urbana, IL: Spoken Language Services, 1994), 1067.
    • 43 One of the earliest and closest companions of the Prophet ﷺ, Ibn Mas'ūd was known for his erudition and knowledge of shariah.
    • 44 Mullah 'Alī al-Qārī, al-Mubīn al-mu'īn (Riyadh: Dār al-'Āśimah, 2014), 186.
    • 45 Mullah 'Alī al-Qārī was a Ĥanafī jurist who authored many books on jurisprudence.
    • 46 See al-Qārī, al-Mubīn al-mu'īn, 186.
    • 47 Imam al-Ţabarī is known as the imam of the scholars of exegesis, and his Qur’anic exegesis is the most relied upon commentary in the Islamic tradition.
    • 48 Ibn Mandah was a Ĥanbalī jurist and well-known master of hadith.
    • 49 al-Qārī, al-Mubīn al-mu'īn, 187.
    • 50 Wehr, Arabic-English Dictionary, 412–13.
    • 51 al-Qārī, al-Mubīn al-mu'īn, 186.
    • 52 Syed Naquib al-Attas, On Justice and the Nature of Man (Kuala Lumpur: IBFIM, 2015), 33–34.
    • 53 Hadith #4 of Imam al-Nawawī’s Forty Hadith, found in Ibn Ĥajar al-Haytamī, al-Fatĥ al-mubīn bi sharĥ al-arba'īn (Beirut: Dār al-Minhāj, 2008), 197. Considered the master of the Shāfi'ī school of jurisprudence, Imam al-Nawawī was a hadith scholar, linguist, and jurist.
    • 54 Imam Muslim is the author of Śaĥīĥ Muslim, the second most important book of hadith and one of the six famous works on hadith.
    • 55 A jurist and a hadith scholar, Abū Dāwūd authored one of the six canonical works on hadith (Sunan Abī Dāwūd)
    • 56 Founder of the Mālikī school of jurisprudence, Imam Mālik b. Anas is from the second generation (tābi'īn). A scholar of hadith known for his major work, al-Muwaţţa’. After his death, his legal opinions and teachings in jurisprudence were written down in the book al-Mudawwanah al-kubrā by one of his students.
    • 57 A jurist and a scholar of hadith, Ibn Mājah authored one of the six canonical works of hadith (Sunan Ibn Mājah).
    • 58 Qāđī Abū Bakr b. al-'Arabī, al-Qabas (Beirut: Dār al-Gharb al-Islāmī, 1992), 2:763. The hadith has some weakness in its chain, but it is quoted by Mālikīs as one of their proofs that abortion is prohibited from inception.
    • 59 A scholar of hadith, Khaţīb al-Tabrīzī authored the book Mishkāt al-maśābīĥ.
    • 60 Ibn al-'Arabī, al-Qabas, 2:863.
    • 61 Muĥammad al-Shawkānī, Nayl al-awţār (Beirut: Dār al-Qalam al-Ţayyib, 2005), 4:603. The hadith is related by Aĥmad, al-Bukhārī, and Muslim. Author of the well-known Nayl al-awţār, Muĥammad al-Shawkānī was one of the top scholars of Yemen in the twelfth and thirteenth century A.H. (eighteenth and nineteenth century C.E.).
    • 62 Ibn Abī Zayd al-Qayrawānī is one of the most authoritative voices in the Mālikī school.
    • 63 Ibn Abī Zayd al-Qayrawānī, al-Nawādir wa al-ziyādāt (Beirut: Dār al-Gharb al-Islāmī, 1999), 13:464.
    • 64 A jurist and scholar of hadith, Abū al-Ĥasan 'Alī b. Sa'īd al-Rajrājī wrote a seminal commentary on the Mālikī school’s most important resource of Mālik’s opinions, al-Mudawwanah.
    • 65 Abū al-Ĥasan 'Alī b. Sa'īd al-Rajrājī, Manāhij al-taĥśīl fī sharĥ al-Mudawwanah (Beirut: Dār Ibn Ĥazm, 2007), 10:222.
    • 66 A Persian scholar based in Baghdad, Rāghib al-Iśfahānī was known for influencing his younger contemporary, Imam Abū Ĥāmid al-Ghazālī. His works on ethics, Qur’anic vocabulary, and Arabic literature are widely referenced.
    • 67 Rāghib al-Iśfahānī, al-Mufradāt fī gharīb al-Qur’ān, 7th ed. (Beirut: Dār al-Ma'rifah, 2014), 106.
    • 68 The Qur’an has ten variant recensions that contain different readings. Each is considered valid and transmitted by the Prophet ﷺ to his companions. They offer subtle nuances in meaning. In this verse, two readings, Nāfi' and 'Āsim, differ. One uses the masculine yumnā, and the other uses the feminine tumnā. This indicates that both the male and the female are releasing their respective nuţfahs, which will commingle and become the nuţfah amshāj. This appears to be a clear miracle of the Qur’an.
    • 69 Gazzaniga is distinguished professor of psychology at the University of California, Santa Barbara.
    • 70 Michael S. Gazzaniga, The Ethical Brain: The Science of Our Moral Dilemmas (New York: Harper Perennial, 2005), 4–5.
    • 71 Imam Muslim, Śaĥīĥ Muslim (Beirut: Dār Ibn Ĥazm, 2010), 1207.
    • 72 Ibn al 'Arabī, al-Qabas, 2:763.
    • 73 A hadith scholar from Morocco, Qāđī 'Iyāđ was a Mālikī jurist and a judge.
    • 74 Qāđī 'Iyāđ, Ikmāl al-mu'lim bi fawā’id Muslim (Mansoura, Egypt: Dār al-Wafā’, 1998), 8:127.
    • 75 A Mālikī jurist and Azharī scholar, Imam al-Khirshī authored commentaries on Mālikī jurisprudence.
    • 76 Imam al-Khirshī, Sharĥ Mukhtaśar Khalīl (Beirut: Dār al-Fikr, n.d.), 3:225.
    • 77 Ibn Juzayy al-Kalbī was a linguist, an exegete, Mālikī jurist, and formidable scholar of uśūl al-fiqh.
    • 78 Ibn Juzayy al-Kalbī, al-Qawānīn al-fiqhiyyah, 141.
    • 79 Aĥmad al-Wansharīsī was a Mālikī jurist who compiled the most important work on legal responsa from the Mālikī school.
    • 80 Aĥmad al-Wansharīsī, al-Mi'yār al-mu'rab (Beirut: Dār al-Gharb al-Islāmī, 1981), 3:370.
    • 81 Known as “the sultan of scholars,” 'Izz b. 'Abd al-Salām is a leading Shāfi'ī scholar.
    • 82 al-Wansharīsī, al-Mi'yār al-mu'rab, 3:370.
    • 83 A philosopher and a physician, Avicenna was known as the father of medicine in the Middle Ages. His book on medicine was used as a textbook in Europe until the seventeenth century.
    • 84 Avicenna, The Canon of Medicine (Chicago: Kazi Publications, 2014), 3:1262.
    • 85 Avicenna, The Canon of Medicine, 3:1262.
    • 86 Imam al-Lakhmī, a formidable Mālikī jurist, was also knowledgeable in hadith and Arabic literature.
    • 87 A late Shāfi'ī scholar, Imam al-Ramlī is invariably quoted as permitting abortion, and along with Ibn 'Ābidīn from the Ĥanafī school, he is the most quoted authority on abortion’s permissibility. Nevertheless, a close reading of his words leaves more doubt than certainty about the matter.
    • 88 Shams al-Dīn Muĥammad b. Abī al-'Abbās Aĥmad b. Ĥamzah b. Shihāb al-Dīn al-Ramlī, Nihāyat al-muĥtāj ilā sharĥ al-minhāj, 3rd ed. (Beirut: Dār al-Kutub al-'Ilmiyyah, 2002), 8:442.
    • 89 One of the most learned scholars of Islam and considered a renewer of the faith, Abū Ĥāmid al-Ghazālī was a theologian, philosopher, mystic, and Shāfi'ī jurist. His most famous work is Iĥyā’ 'ulūm al-dīn.
    • 90 Imam Abū Ĥāmid al-Ghazālī, Iĥyā’ 'ulūm al-dīn (Damascus: Dār al-Fayĥā’, 2010), 2:385–86.
    • 91 Imam Muslim, Śaĥīĥ Muslim, 1st ed. (Jeddah: Dār al-Minhāj; Beirut: Dār Ţawq al-Najāh, 2013), 1:161.
    • 92 The author of nearly three hundred works, Ibn Taymiyyah was a theologian and a logician who was also highly regarded for his legal opinions.
    • 93 Ibn Taymiyyah, Majmū'at al-fatāwā (Riyadh: Awqāf), 24:160.
    • 94 Ibn 'Abd al-Barr is arguably the greatest hadith scholar of Andalusia and a recognized master of Mālikī jurisprudence.
    • 95 Ibn 'Abd al-Barr, Ijmā'āt (Riyadh: Dār Ţaybah, 1999), 2:1036.
    • 96 Abū 'Īsā Muĥammad b. 'Īsā b. al-Tirmidhī, Jāmi' al-Tirmidhī, ed. Aĥmad Muĥammad Shākir, 2nd ed. (Cairo: Sharikat Maktabat wa Maţba'at Muśţafā al-Bābī al-Ĥalabī wa Awlāduh), 315, hadith #1907.