An-Najah University Journal for Research - B (Humanities)


The research treats the issue of illegitimate pregnancy, an issue which has continued to be relevant despite the severe punishments, the serious damage and the bitterness involved. To remedy the situation, illegitimate pregnancy is often faced by the action of putting an end to the woman’s life. The woman herself often seeks abortion to hide the truth and protect her honor, or to avoid punishment. She is driven to such actions by a feeling of guilt and a fear of scandal. Such feelings reveal an instinctual admission to the graveness and ugliness of the act and its consequences, an act forbidden by all creeds and detested by rational selves and the human taste. This being the case, some authors have argued in favor of aborting the illegitimate fetus in the interest of the woman and her family, thus overlooking the Share’a ruling on the issue. To refute such a legitimizing position the research explains Islamic rulings on fornication and illegitimate pregnancy by citing evidence from the sources of legislation using deductive and interpretive methods.