I intend...

I intend, by putting my trust in Allah, to briefly study the issue in light of the scientific explanations and try to arrive at a shar'i definition of pregnancy. A few words on the criteria of shar'i definitions is necessary in order to understand the purely legal discussion on the definition of pregnancy. 1. Criteria of Shar'i Definitions There are three possible criteria for definitions of things and concepts in fiqh: shar'i, 'urfi and 'ilmi.

(1) If something is clearly defined in the shari'ah , then it is known as the shar'i definition; for example, the definition of the word "salat" as the ritual prayer consisting of specific actions and recitations. (2) 'Urf means conventional, common tradition. 'Urfi definition means a definition acceptable to the common people without any scientific or shar'i precision.

(3) 'Ilmi definition means a definition presented by science; for example, the definition of pure water as H20, a liquid compound consisting of 2 parts of hydrogen and 1 of oxygen, or the definition of the beginning of day as the astronomical twilight.[^5] If the shari'ah defines something, then we must follow the shar'i definition. But if it is silent on the definition of certain things, then should we follow the 'ilmi definition or the 'urfi definition?

Anyone who is familiar with the shari'ah will agree with me that in the absence of a shar'i definition, one has to follow the 'urfi definition. One has to go by the common perception of things, not the scientific perception. For example, when the shari'ah says that the water for ritual ablution must be pure ( mutlaq ) does it mean scientifically pure? Certainly not!

Otherwise, the running water in this part of the world is not scientifically pure, it has some purifying chemicals in it, for example, fluoride. The shari'ah says that such water will still be classified as pure unless the common people can sense (without the help of a scientific lab) the difference in its color, taste or smell. However, there is one case where the ilm definition will prevail: in cases where the common people have no way of defining the issue.

So in cases where the shari'ah is silent and the 'urf has no opinion, one has no choice but to follow the *'ilmi (*scientific) definition. The definition of the beginning of pregnancy is one such case where the 'ilmi definition would prevail; this is so because the shari'ah is silent, and it is beyond the common people to define when pregnancy begins.