Muslim Women Defend Right to Abortion in U.S.

A fresh wave of Islamophobia spread across the U.S. following the reversal of Roe v. Wade, with some Americans equating the Supreme Court’s decision with Islamic sharia law and calling the court the “American Taliban.” You might have seen the memes circulating on social media. One pictured the female justices of the Supreme Court clad in burqas. Denise Ziya Berte, executive director of the Peaceful Families Project — a U.S.-based non-profit that addresses domestic violence in Muslim communities — told OZY that recent Islamophobia regarding abortion in the U.S. has been “backhanded,” occurring largely in such memes. The underlying message is that to be a Muslim woman is a lamentable fate. The Peaceful Families Project has attempted to counter this new wave of Islamophobia by sharing graphics and information on social media about Islamic views of abortion.

Dalia Mahgoub, advocacy director of the California-based group Queer Crescent, which promotes bodily autonomy and resists gendered violence, said there is a long legacy of Islamophobia in the U.S. in which Islam is seen as “backwards” or a religion that is “stuck-in-time,” which strips away women’s rights.

Globally, an estimated one-quarter of pregnancies ends in abortion each year. Muslim women seek abortions just like their non-Muslim counterparts do, and when it comes to abortion, the teachings of Islam are not inherently restrictive.

“Bodily autonomy is sacred to Muslims,” said Mahgoub, who uses they/them pronouns. They noted that the increased criminalization of reproductive justice in the U.S. is an infringement on religious rights.

Islamic scholars have diverging views on abortion but a common theme is that Islam generally allows termination of pregnancy under certain circumstances, up until the 120th day, which is referred to as “the day of ensoulment.” Netherlands-based Dr. Nour Saadi, who works at the international online abortion service Women on Web’s Arabic helpdesk, notes that the majority of early Islamic theologians permitted termination up to the 40th day of pregnancy, and sometimes up to the 120th day.

“According to Islam, the general belief is life starts with a heartbeat, and that happens only at about 120 days of the fetus,” Berte said. Up to the 120th day, some Islamic scholars permit abortion in cases of rape or incest, fetal anomalies or if the mother’s life is in danger. After 120 days, abortion is permitted if a committee of specialized physicians determines that carrying the pregnancy to full term poses a risk to the mother’s life.

“The well-being of the mother is taken into consideration in Islamic decisions,” said Berte.

In March, three months before the U.S. Supreme Court ruled that the Constitution does not confer a right to privacy regarding abortion, Queer Crescent launched a campaign called “No More Shame.” This was intended to “reclaim space” for telling stories from the Muslim queer community about reproductive justice.

“These stories often highlight the barriers imposed by ever-encroaching state policies designed to restrict and criminalize the most marginal” people, Mahgoub said. A goal of the “No More Shame” campaign is to de-stigmatize conversations about abortion, sex and reproductive healthcare.

This month, HEART, a U.S.-based nonprofit, releases a workbook called “Sex Talk: A Muslim’s Guide to Healthy Sex and Relationships, ” designed to break the ice around sticky conversations and foster healthier, safer relationships. HEART’s communications coordinator, Kiran Waqar, said they’ve developed a curriculum on reproductive justice, including abortion, inspired by Islamic principles.

Berte of the Peaceful Families Project explained that the overturn of Roe is concerning to Muslim women in the U.S., who fear being forced into laws based on “evangelical Christian beliefs,” in which life begins at conception and the life of the fetus is more important than that of the mother. These ideas are inconsistent with Islam.

She said Muslim women are worried about additional infringements on their right to family planning following Supreme Court Justice Clarence Thomas’ statements about reconsidering the right of couples to choose contraception. Ani Zonneveld, founder of Muslims for Progressive Values, a California-based non-profit, said American Muslims can sue the state for prohibiting their right to abortion under the Religious Freedom Restoration Act, which protects the rights of religious minorities nationally.