The unlawfulness of abortion is one of the primary and obvious percepts that the book and sunnah explicity affirm it. But like all other primary percepts if certain secondary topics occur, abortion may happen to be lawful. Certain secondary topics such as distress and constriction or under the legitimate defense or other topics the topic of the unlawful percept of a subject may change. One of such cases pertains to the case of pregnancy that may prompt to the death of mother or threat her health or the birth of a baby may result in fotal troubles which will be tantamount to distress and constriction of parents or baby.As far as the lawfulness of abortion is concerned there is no difference between before or after the entrance of the spirit in the body. for the difference between the two stages is the difference between potentiality and actuality of man. Embryo befor the entrance of thespirit is tantamount to a perfect man and possesses all percepts of it. that is why abortion is unlawful and is like embryo after the entrance of the spirit. Though it may not be like suicide. The problem of two secondary rules from two sides (embryo and mother) due to conflict is slouble. for the difference of two secondary rules like distress and constriction is not contradiction. But two judgements of unlawfulness of abortion and obligatory of preserving mother’s life is like a conflict. From religious point of view there is no difference between them but in practice there may occure a conflict. Therefore, priorities should be ascertained and in the case of equality mother should be free to choose abortion.
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