The recent US Supreme Court verdict reversing Roe v Wade dominated the front pages of every Western media outlet. Abortion has become so toxic that even the worst cost of living crisis for 50 years, the war in Ukraine and unprecedented by-election losses by the ruling British Conservative Party couldn’t compete with this hot button issue.
In reversing its own 1973 and 1992 precedents, the US Supreme Court found that there was no constitutional right to abortion and that each US State should decide its own policy.
However, though the aftermath has caused jubilation, consternation and ugly confrontation, it has in reality exposed the hypocrisy of Western style democracy and its liberal foundations
Hypocrisy around abortion
1) The hypocrisy of those who say in absolute terms that women should be the only people to decide what to do with their bodies, but who also believe there should be a time limit beyond which abortion is restricted (e.g. viability test in Roe) which effectively therefore prohibits abortion on demand in the majority of countries
2) The hypocrisy of liberals who constantly cite the rule of law, the separation of powers, who impeached Trump for the Capitol riots on 6th Jan 2021, who supported the 1973 and 1992 Supreme Court abortion verdicts and who now lambast the very same institution for coming up with a verdict which they disagree with.
3) The hypocrisy of the right-wing conservatives who are allegedly pro-life, but have no issue giving guns on demand to mentally ill teenagers and who by the way saw no problem supporting a foreign policy that killed millions of civilians in Iraq, Libya and Afghanistan and also turn a blind-eye to the extreme ideologies that are killing Muslims in India and Palestine.
4) The hypocrisy of liberals on the left who loudly claim that in banning abortion, this would force women who have been victims of rape and incest to have babies, where all studies show that of the nearly one million abortions in the US, 99% of abortions do not fall into this category.
5) The hypocrisy of the right-wing (many of them religious) who believe in being pro-life, but who also believe in a capitalist system that for the vast majority means they live a life of debt, squalor and poverty.
Addressing challenging issues
Abortion, like poverty and racism, are ageless issues beyond the remit of the human mind. Human civilisation has failed to solve these issues despite the passing of numerous laws, the creation of constitutions or the contribution of classical thinkers, writers and philosophers over the millennia.
For instance, the US constitution – a revered document for many – allowed slavery to exist for the first eight decades of its existence, doesn’t address poverty and is vague at best on abortion (the Supreme Court having now discounted the Fourteenth amendment), demonstrates the limitations of giving sovereignty to human beings.
Islam’s approach
In effect, something as complex as abortion, which seeks to balance the rights of the mother with the rights of the foetus, the rights of the individual versus the rights of society and the rights of choice versus the rights of life are so complex that they are best referred for resolution to an Omnipotent Creator.
Under Islam, there is no tension between the rights of the foetus and the mother. Rights are given by the Creator and cannot be removed due to changes in cultural practices, fickle populations or people’s benefit.
In addition, as most abortions occur outside marriage, and occur due to a lack of ability to support and/or due to economic reasons, the Islamic system also seeks to address not just abortion but the causes of abortion.
1) The Islamic system believes the West’s ‘sexual revolution’ has failed to protect women and in effect created an ecosystem to satisfy men. Women bear the brunt of an industry that glorifies pornography at the expense of dignity and then face the bulk of the repercussions in terms of rape, abortions and forced prostitution
2) Islam believes that conception should occur within the institution of marriage, ensuring the child has a stable unit to protect and nurture the new born.
3) Islam prohibits sex outside marriage but does believe contraception is permitted including the morning after pill generally and that abortion is allowed until 40 days. Islamic law prioritised the rights of the foetus; once the soul of a baby is breathed into him or her at 40 days, unless there is a life-threatening emergency to the mother (which is verified by a practicing Muslim doctor). After this period of time, the foetus is given rights under Islamic law and has blood money ascribed to its life within the judicial laws of Islam.
4) Islam strongly encourages nuclear families to support any child. Islam does believe in the concept that it takes a village to bring up a child as opposed to putting all the burden unfairly on single mothers who are then scapegoated by the same pro-life right-wingers.
5) Islam also praises adoption and those guardians who can bring up unwanted children.
6) Lastly, Islam also prioritises that not only would an Islamic State provide generous child maintenance as evidenced during the Khilafah (caliphate) of Sayyidina Umar (ra) the second Khalifah, that ultimately Allah (ﷻ) provides the rizq (sustenance) for all children as evidenced by the verse in Sura Isra,
وَلَا تَقْتُلُوٓا۟ أَوْلَـٰدَكُمْ خَشْيَةَ إِمْلَـٰقٍ ۖ نَّحْنُ نَرْزُقُهُمْ وَإِيَّاكُمْ ۚ إِنَّ قَتْلَهُمْ كَانَ خِطْـًٔا كَبِيرًا
“Do not kill your children for fear of poverty; it is We Who provide for them as well as for you. Killing them is surely a grave sin.” [TMQ Al-Isra (17):31].
A new approach
Liberal democracies thought that by eliminating God from politics, they would enter an Enlightened Age. Yet in 2022, they have no answer to any of the big problems that we face today.
Instead of an enlightened conversation, the debate has never been so toxic. Instead of common facts, we have fake news everywhere. Instead of standing shoulder to shoulder as a society, we are standing and pointing at each other’s throats. It’s therefore time for a new approach, a new way of doing things and ultimately a new civilisation. It’s time for Islam.
ٱلْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِى وَرَضِيتُ لَكُمُ ٱلْإِسْلَـٰمَ دِينًا
“This day have I perfected for you your religion and completed my favour on you and chosen for you Islam as a religion.” [TMQ Al-Maidah(5):3].
Taji Mustafa