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By Maha Elgenaidi, Founder and Executive Director (Bio)
May 28, 2025
In his article, “There Is No Religious Freedom Argument for Abortion in Islam,” Ismail Royer claims that Muslims can’t say their religious freedom is violated if they’re blocked from getting an abortion before 120 days of pregnancy. He says this is because abortion isn’t required in Islam (like prayer or fasting)—so banning it doesn’t count as religious interference.
But that’s too narrow a view—both legally and religiously.
Religious Freedom Isn’t Just About What’s Required
In the U.S., religious freedom laws—like the First Amendment and the Religious Freedom Restoration Act (RFRA)—don’t just protect actions that are religiously required. They protect any action someone takes as part of sincerely following their faith. That includes things that are allowed (permissible) in religion, even if they’re not required.
Royer admits that some Islamic scholars allow abortion before 120 days, but he argues that just because it’s allowed doesn’t make it a religious right. As a Muslim, I see it differently. Islam gives me space to consider my life situation—my health, my finances, or what’s best for my family—and to make a decision that my faith says is allowed.
If the government takes away that option—or worse, threatens jail or fines for it—it’s forcing me to go against my conscience and religious understanding. That’s a clear burden on my religious freedom.
Being Forced to Go Against My Faith Is Still a Violation
If I choose to end a pregnancy before 120 days after thoughtful prayer and advice from a trusted religious scholar and physician, and if that choice is allowed in Islam, the government shouldn’t punish me for it. Whether the choice is required or just allowed doesn’t matter. What matters is that the state is forcing me to follow someone else’s moral rules instead of letting me follow my own faith.
Respecting Religious Diversity Means Respecting Different Faith Views
America is a country made up of people with many diverse religions and perspectives. That means our laws should make space for different religious views—not just reflect one. When abortion laws are based on one group’s beliefs and ignore what Islam says is possible, it erases Muslim voices and experiences. It also takes away the ability of Muslim women and families to make thoughtful, faith-based decisions.
Conclusion
Religious freedom isn’t just about going to a mosque or doing things you’re required to do. It’s also about being able to make choices your religion permits—without being punished for them. When a state bans abortion before 120 days and punishes those who seek it, it’s not protecting my religious freedom as a Muslim—it’s denying it.
And that’s something we must speak out against.