Nadine Dorries on abortion

Nadine Dorries has posted another attack on an MP who supports abortion encouraging people to vote solely on that issue; this time, it is Barbara Follett.

In order to receive funding they have to support Labour party values, and be pro-abortion

This means that any potential candidate of faith, ie, Jewish, Christian, Sikh, Muslim or Hindu would not qualify, which makes the list discriminatory

Correct me if I’m wrong, but that says that every person of religious faith opposes abortion. Quite apart from the insult to every religion other than the five mentioned (id est is never the same as exempli gratia; they mean ‘that is to say’ and ‘for the sake of example’ respectively), it ignores the reality of the situation. It is quite remarkable that Ms Dorries has listed only five of the top ten religions in terms of adherents. There are (according to the Christian Science Monitor) 324 million Buddhists (about the population of the EU), along with 6.1 million members of the Baha’i faith, 5.3 million followers of Confucius, 4.9 million who identify with Jainism and 2.8 million people who go for Shinto.

Let’s look at the five religions that Ms Dorries mentions.

1. Judaism

It doesn’t take long to realise that to say that being pro-abortion is incompatible with Judaism is rather foolish. The Mishnah (Oholot 7:8) says

If a woman is in hard travail, one cuts up the offspring in her womb and brings it forth member by member, because her life comes before the life of her foetus. But if the greater part has proceeded forth, one may not set aside one person for the sake of saving another

There is debate about whether the second sentence prohibits abortion after half-term or until the baby is half-delivered; there is no debate about whether abortion can be permitted under Jewish law. More specifically, the Rabinincal Assembly’s Committee on Jewish Law and Standards< endorses the position of Rabbis Bokser and Abelson:

[A]n abortion is justifiable if a continuation of pregnancy might cause the mother severe physical or psychological harm, or where the fetus [sic] is judged by competent medical opinion as severely defective

The Union for Reform Judaism says that

any decision should be left up to the woman within whose body the fetus is growing

I have highlighted Judaism because it is the first on the list and it very neatly shows that within all religion and, indeed, all belief systems there is variation.

2. Christianity

Thomas Aquinas and Popes Innocent III and Gregory XIV said that until the mother could feel the baby kick and move, the baby had no soul and could be aborted; after the quickening, it could not. Current Roman Catholic teaching is mostly opposed to abortion. The Southern Baptist Convention only came out against abortion in the early eighties.

The Episcopal Church, Presbyterian Church (USA), United Church of Christ and United Methodist Church all have statements in favour of abortion.

3. Sikhism

Sikhism doesn’t directly deal with abortion – at least, the Guru Granth Sahib doesn’t – and the practice of abortion in parts of India, particularly if the foetus is female, suggest that there is no block there, either

4. Islam

The traditional Islamic view is that abortion is permitted up until 120 days, I believe; alternative views are 40 days or ‘quickening’. Depending on which date you choose, that is when the soul is given to the baby. Islam allows for abortion

5. Hinduism

I don’t know much about Hinduism, and therefore will merely provide this quote from Hinduism Today:

The Brahma Kumaris World Spiritual University does not take a formal unchanging political or religious stance on the issue of abortion. They advise that each case requires unique consideration. The final decision will be based on a long series of choices made by the woman on her lifestyle, morals and values. Usually, the choices that created the unwanted pregnancy in the first place have been irrational or emotional ones, not the mature commitment motherhood needs. The Brahma Kumaris counsel those facing an abortion decision, both man and woman, to understand that by abortion they do not escape responsibility for their actions. When both the parents have fully understood the seriousness of the choice, the University would support the right to make their own decision.

I am quite sure that Ms Dorries is aware of the Religious Coalition for Reproductive Choice. If not, it pretty much ‘does what it says on the tin’. Here’s their membership list:

Rabbinical Assembly; United Synagogue of Conservative Judaism; Women’s League for Conservative Judaism; The Episcopal Church; American Ethical Union National Service Conference; Society for Humanistic Judaism; Presbyterians Affirming Reproductive Options (PARO); Women’s Ministries; Washington Office; Reconstructionist Judaism; Jewish Reconstructionist Federation; Reconstructionist Rabbinical Association; Central Conference of American Rabbis; North American Federation of Temple Youth; Union for Reform Judaism; Women of Reform Judaism, The Federation of Temple Sisterhoods; Women’s Rabbinic Network of Central Conference of American Rabbis; Justice and Witness Ministries; General Board of Church and Society; General Board of Global Ministries, Women’s Division; Unitarian Universalist Association; Unitarian Universalist Women’s Federation; Young Religious Unitarian Universalists; Continental Unitarian Universalist Young Adult Network; American Jewish Committee; American Jewish Congress; Anti-Defamation League; Catholics for a Free Choice; Christian Lesbians Out (CLOUT); Church of the Brethren Women’s Caucus; Disciples for Choice; Episcopal Urban Caucus; Episcopal Women’s Caucus; Hadassah, WZOA; Jewish Women International; Lutheran Women’s Caucus; Methodist Federation for Social Action; NA’AMAT USA; National Council of Jewish Women; Women’s American ORT; YWCA of the USA

I think that shows, pretty effectively, that religious faith does not necessarily entail opposition to abortion. However, even if there was only one religious person in the entire world who honestly believed that abortion was acceptable, Ms Dorries would not be able to say that their faith was lesser or wrong. To do so would be, in her own words, discriminatory.

Moving on, Ms Dorries says of Ms Follett that

72% of her constituents want the upper limit reduced to 20 weeks

That’s interesting. On her previous post, Ms Dorries said that “as many as 72 per cent, wish to see the upper limit at which abortion takes place, reduced from 24 to 20 weeks”. Unless a survey was carried out that focused on the voters of Stevenage, it seems hard to say that 72% of Barbara Follett’s constituents want the upper limit reduced without making a statement that is statistically invalid.

Ms Dorries then asks

Will she represent their views at the next vote, or her own?

As I said on my previous post, an MP’s job is not to act as a proxy for the aggregate views of their constituents. As Edmund Burke said, “Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion”.

One last thing:

“Barbara Follett is the founder of Emily’s list”

No, she isn’t. Emily’s List was founded by Ellen Malcolm in 1984 in the United States of America. Barbara Follett founded Emily’s List UK in 1993. A small issue, but worth flagging. Congratulations to Barbara Follett.

As I have said before, I respect Ms Dorries’ position, although I do not share it. I have been branded a religious fundamentalist in the past for saying, in my SU meeting, that there were legitimate objections to abortion. I still believe that. However, I find Ms Dorries’ way of presenting the argument to be based on flawed logic, assertion and obfuscation.

xD.

Update 2045: Unity at the Ministry of Truth has noticed Nadine’s post as well – I recommend it!

12 thoughts on “Nadine Dorries on abortion

  1. In principle, the Qur’an condemns the killing of humans (except in the case of defense or as capital punishment), but it does not explicitly mention abortion. This leads Islamic theologians to take up different viewpoints: while the majority of early Islamic theologians permitted abortion up to day 40 of pregnancy or even up to day 120, many countries today interpret these precepts protecting unborn children more conservatively. Although there is no actual approval of abortion in the world of Islam, there is no strict, unanimous ban on it, either. Islam has not given any precise directions with regard to the issue of abortion. Hence it is not a matter, which has been clearly stated in the Shari’ah (Islamic Law) but rather an issue pertaining to the application of our knowledge of the Shari’ah. Such application may vary in conclusion with a difference in the basic premises of one’s arguments.

    The Qur’an clearly disapproves of killing other humans: “Take not life which Allah has made sacred” (6:151; see also 4:29 “If a man kills a believer intentionally, his recompense is Hell, to abide therein (for ever)” (4:93). Allah (SWT) went even further, making unlawful killing of a single individual human being equal to mass murder of the whole of mankind: “Because of that, We ordained for the children of Israel that if anyone killed a person not in retaliation for murder or for spreading mischief on earth, it would be as if he killed all mankind. And who saved a life, it would be as if he saved all mankind.” (Al-Maidah, 5:32)

    As to whether abortion is a form of killing a human, the Qur’an does not make any explicit statements. Only Surah 17:31 warns believers in general: “Kill not your children for fear of want. We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.”

    There are those in Islam who oppose all abortions. A favored text to support this is: “Do not kill your children for fear of poverty for it is We who shall provide sustenance for you as well as for them.” (Surah, Al-An’ am, 6:151). This Qur’anic reference is to killing already born children–usually girls. The text was condemning this custom. The Arabic word for killing used in this text “means not only slaying with a weapon, blow or poison, but also humiliating or degrading or depriving children of proper upbringing and education.” The text doesn’t explicitly address the abortion and therefore doesn’t close the argument on it.

    The Qur’an says:

    We created man from an essence of clay: then placed him, a living germ,

    In a secure enclosure. The germ We made a leech; and the leech a lump of

    Flesh; and this We fashioned into bones, then clothed the bones with flesh;

    Then We develop it into another creation. (Surah Al-Mu’minoon, 23: 12-14)

    This verse reveals how the fetus is formed and transforms into a complete human being.

    The elaborate process of the development of the first human being is given in the Qur’an as follows:

    He who has made everything which He has created most good. He

    began the creation of man with(nothing more than) clay, and made

    his progeny from a quintessence of the nature of a fluid despised.

    Then He fashioned him in due proportion and breathed into him some-

    thing of His Ruh(Life-Energy). And (with this) He gave you (the faculties

    of ) hearing and sight and understanding. (Surah Al-Sajadah, 32:7-9).

    During the development of fetus, the body received the Divine Ruh (Life-energy) and subsequently the human faculties of hearing, sight and understanding were developed.

    There is no agreement among legal scholars – including those of the founders of the four schools of religious law of the early Islamic period – as to the exact point in time this happens, however.

    Abortion

    Islam’s approach to the issue of birth control and abortion is very balanced. It allows women to prevent pregnancy but forbids them to terminate it. In case of rape the woman should use the morning after pill or RU486 immediately after the sexual assault in order to prevent the possible implantation of a fertilized ovum. Modern technology (like ultra sound scan) has made it possible to know whether or not a child has a defect long before he is born. Some people justify the abortion of a defective fetus.

    The Shari’ah allows abortion only when doctors declare with reasonable certainty that the continuation of pregnancy will endanger the woman’s life. This permission is based on the principle of the lesser of the two evils known in Islamic legal terminology as the principle of al-ahamm wa ‘l-muhimm (the more important and the less important). The Prophet said, “When two forbidden things come [upon a person] together, then the lesser will be sacrificed for the greater.” In the present case, one is faced with two forbidden things: either abort the unborn child or let a living woman die. Obviously, the latter is greater than the former; therefore, abortion is allowed to save the live person. 1

    Permissibility of Abortion 2

    “And do not kill your children for fear of poverty: We give them sustenance and yourselves (too): surely to kill them is a great wrong.” (17:31)

    The abortion of a fetus from the mother’s womb is a different issue, since the sperm and egg have already met and fertilized what could become a human being. The scholars all agree that abortion is forbidden after the first four months of pregnancy, since by that time the soul has entered the embryo but it would allow the use of RU486 (the “morning-after pill”), as long as it could be reasonably assumed that the fertilized egg has not become implanted on the wall of the uterus. Most scholars say that abortion is legal under Islamic Shari’ah (law), when done for valid reasons and when completed before the soul enters the embryo. To abort a baby for such vain reasons as wanting to keep a woman’s youthful figure, are not valid.

    “…And do not slay your children for (fear of) poverty — We provide for you and for them — and do not draw nigh to indecencies, those of them which are apparent and those which are concealed, and do not kill the soul which Allah has forbidden except for the requirements of justice: this He has enjoined you with that you may understand.” (6:151)

    Qur’anic verses misinterpreted 3

    There are, however, some Qur’anic verses which prohibit infanticide:

    “And do not kill your children for fear of poverty: We give them sustenance and yourselves (too): surely to kill them is a great wrong.” (17:31)

    These verses in fact were revealed to forbid the pre-Islamic Arab practice of killing or burying alive a newborn child (particularly a girl) on account of the parents’ poverty or to refrain from having a female child. Perhaps in those days, people did not know safe methods of contraception and early abortion.

    Embryonic development was central to the Muslim arguments on abortion. According to Muslim scholars, it is lawful to have an abortion during the first 120 days, but after the stage of ensoulment (after the soul enters into the fetus), abortion is prohibited completely except where it is imperative to save the mother’s life. After ensoulment, however, abortion is prohibited absolutely and is akin to murder.

    The Hanafi scholars, who comprised the majority of orthodox Muslims in later centuries, permitted abortion until the end of the four months. According to them, a pregnant woman could have an abortion without her husband’s permission, but she should have reasonable grounds for this act. One reason, which was mentioned frequently, was the presence of a nursing infant. A new pregnancy put an upper limit on lactation, and the jurists believed that if the mother could not be replaced by a wet-nurse, the infant would die.

    Views of Four Madhhabs (Schools of Thought) 4

    There is broad acceptance in the major Islamic schools of law on the permissibility of abortion in the first four months of pregnancy. Most of the schools that permit abortion insist that there must be a serious reason for it such as a threat to the mother’s life or the probability of giving birth to a deformed or defective child. However, as the Egyptian booklet.”(The Arab Republic of Egypt published a booklet called “Islam’s Attitude Towards Family Planning.”) says: “Jurists of the Shiite Zaidiva believe in the total permissibility of abortion before life is breathed into the fetus, no matter whether there is a justifiable excuse or not.” That would be a pure form of what some call “abortion on demand.”

    The majority of orthodox Muslims (following the Hanafi school) in later centuries, allowed abortion until the end of the four months. According to them, a pregnant woman could have an abortion without her husband’s permission, but she should have reasonable grounds for this act. Most of the Maliki jurists (legal scholars) described abortion as completely forbidden. In their view, when the semen settles in the womb, it is expected to develop into a living baby and it should not be disturbed by anyone. According to Ibn Jawziyyah, when the womb has retained the semen, it is not permitted for the husband and wife, or one of them or the master of the slave-wife, to induce an abortion. After ensoulment, however, abortion is prohibited absolutely and is akin to murder.

    The Hanafi school (prevalent in Turkey, the Middle East and Central Asia) allows abortions to take place principally until day 120; some jurists restrict this provision to “good cause”, e.g. if the mother is still nursing an infant and fears that her milk may run out during the new pregnancy. In aborting up to day 120, the woman commits a mere moral transgression, not a crime. The Shafi school (dominant in Southeast Asia, southern Arabia, parts of East Africa) allows abortions to be performed up to day 120. For the Maliki school (prevalent in North and Black Africa) an abortion is permissible with the consent of both parents up to day 40; it is no longer allowed after that. For the Hanbali school (predominant in Saudi Arabia and United Arabic Emirates) abortions are principally prohibited from day 40 onward.

    Some Shiite groups, such as the Ismailis, do not permit abortions to take place at all. In case of infringements of this law, abortions before day 40 are penalized with a monetary fee. Other Shiite groups such as the Zaydites allow abortions to be performed up to day 120, equating an abortion up to this point with contraception. Whoever injures a pregnant woman to the extent that she loses her child must pay compensation according to Islamic law. Strictly speaking, this money belongs to the dead child, who is to inherit it. The family of the woman who undergoes an abortion must also pay compensation if the child’s father had not consented to the abortion performed on her.

    Several differences become clear, however, between modern legal practices and the statements made by early Islamic jurists. In principle, the protection of unborn lives is today in the forefront, i.e. modern-day legal scholars judge more conservatively than the authors of the early Islamic legal texts. Exceptions are made in some countries if the life of the mother is endangered, based on Surah Baqarah, 2:233: “A mother should not be made to suffer because of her child.” As a result, abortion is possible for health reasons up to day 90 in many countries. In Algeria, Egypt, Iran, Pakistan and Turkey abortion is fully prohibited (an exception is made if the mother’s life is endangered); this does not imply, however, that abortions are not at all performed. Tunisia’s liberal abortion practice allows for abortions to be performed up to the end of the third month. There, abortions are principally permissible for single as well as married women in the first three months, provided that a registered doctor performs them. The approval of the husband or of a male guardian is not required in Tunisia.

    Some contemporary voices speak out fully against abortion, arguing that Islam is granted strength through multitudes of children. Traditionally, a large family with several sons has always been the ideal situation in the Islamic world. Abortion in this context is compared with murder, with references to the endangered health of the woman. Other voices view abortion as a type of birth control and refer to the fact that the wives of prophets also practiced birth control with the approval of Prophet Muhammad (peace be upon him). Muslim women’s rights advocates demand the right to free abortion in connection with the demand for self-determination. The hesitation of many doctors, for fear of legal prosecution, to perform abortions in clinics leads to illegal operations and numerous cases of death. A number of legal assessments (fatwas) have been published on the subject of abortion; this support one viewpoint or the other but do not legally have the character of law and are therefore not binding.

    Abortion in Islam 5

    Some Muslims argue that abortion is permissible if the fetus is younger than four months (120 days). They quote a statement from the Prophet (s) that refers to a human being starting as a fertilized ovum in the uterus of the mother for forty days, then it grows into a clot for the same period, then into a morsel of flesh for the same period, then an angel is sent to that fetus to blow the Ruh into it and to write down its age, deeds, sustenance, and whether it is destined to be happy or sad.

    Assuming the Hadith to be authentic, scholars explain that the error comes from understanding that before the Ruh is blown into the fetus at 120 days, the fetus is not a living entity, and therefore aborting it does not amount to killing it. It therefore becomes clear that aborting a fetus before 120 days is still killing a living entity, let alone abortion after that presumed period.

    Some Muslims argue that the only case when aborting a fetus, before or after 120 days, is allowed in Islam, is when a medical situation threatens the life of the mother, leaving only two options, to let either the other or the fetus survive, but not both. Scholars argue that such a case can only be determined by a specialist, trusted and committed Muslim doctor. They argue that the mother can have other children, whereas the child cannot make up for losing the mother.

    Sheikh Yusuf Al-Qaradawi 6

    Sheikh Yusuf Al-Qaradawi states in his well-known book, “The Lawful and the Prohibited in Islam”:

    “While Islam permits preventing pregnancy for valid reasons, it does not allow doing violence to it once it occurs.

    Muslim jurists have agreed unanimously that after the fetus is completely formed and has been given a soul, abortion is Haram. It is also a crime, the commission of which is prohibited to the Muslim because it constitutes an offense against a complete, living human being. Jurists insist that the payment of blood money (diya) becomes incumbent if the baby is aborted alive and then died, while a fine of lesser amount is to be paid if it is aborted dead.

    However, there is one exceptional situation. If, say the jurists, after the baby is completely formed, it is reliably shown that the continuation of the pregnancy would necessarily result in the death of the mother, then, in accordance with the general principle of the Shari’ah, that of choosing the lesser of two evils, abortion must be performed. The reason for this is that the mother is the origin of the fetus; moreover, her life is well established with duties and responsibilities, and she is also a pillar of the family. It would not be possible to sacrifice her life for the life of a fetus which has not yet acquired a personality and which has no responsibilities or obligations to fulfill.

    Allah Almighty knows best.

  2. Akhter,

    Thankyou for your comment; I found it genuinely enlightening and very interesting.

    I think it is fair to say, though, both that there is no agreed position on abortion within Islam and Islamic jurisprudence and that, in certain circumstances, abortion can be sanctioned. According to some schools, that can be up the 120 days.

    I would appreciate clarification on a point:

    “This leads Islamic theologians to take up different viewpoints: while the majority of early Islamic theologians permitted abortion up to day 40 of pregnancy or even up to day 120, many countries today interpret these precepts protecting unborn children more conservatively.”

    I was under the impression that it was haram to say what was halal is haram, and to say what is haram is halal. Given the weight of Islamic jurisprudence that allows for abortion, would it not be haram for an Islamic state to impose further restrictions on abortion?

    xD.

  3. Dave,
    Thanks for your terrifically thorough post. i think that you really demonstrate the need for a policy on reproductive choice that reflects the diversity in the ways that different faith traditions approach this issue. I work for the Religious Coalition for Reproductive Choice and we always appreciate it when people are out there debunking the myth that people of faith are not pro-choice. Keep up the great work.

    Also, if people are interested in more specifics on how particular faith traditions approach these issues they should definitely check out our resource page on our website at http://www.rcrc.org/perspectives/index.cfm

    Thanks for the shout-out.

    Josh

  4. Josh,

    Thanks for commenting and thanks for your work at the RCRC!

    The link is very informative – it has very good illustrations and examples of how religious faith influences different people in different way, leading to different specific beliefs.

    xD.

  5. Religion, no religion, it’s a tough call and one ahs to be in the position to have an opinion, I think. Well, an opinion worth listening to. It is never easy, this question, for either partner.

  6. A very good post Dave which is remarkably measured given Dorries’ rather unpleasant attempts at character assasination of those who don’t share her world view. Just as an aside, my former boss received support from Emily’s List in her succesful campaign at the 1997 General Election – and she is a deacon! Obviously the List isn’t a very good anti-religious front…

  7. Thankyou, Jo.

    I don’t think I’m giving away any secrets in saying that Jo’s former employer is Betty Williams, the Labour MP for Conwy.

    Dorries is indeed unpleasant and has an, ahem, interesting attitude towards veracity.

    xD.

  8. James,

    Sorry for not replying earlier.

    Abortion is always a difficult decision to make, but it is – ultimately – a decision that can only be made by the woman. If someone decides, on the basis of their religious beliefs (or, frankly, anything else) that they don’t want an abortion, fine. I object to people imposing their religions on other people. I know that the particular nature of religious belief and its claims to universal moral authority make that hard, but I equally question whether works alone are enough for any religion.

    xD.

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