Abortion

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by Ustaadha Bint Salih

Question:

Salam,

My wife is pregnant for 5 months. The ultrasound revealed that the baby is having serious health issues including:  Cystic Hygroma, Edema, Hydrops. Doctors said that baby will not survive and will die in the womb.

Doctors are asking us to terminate the pregnancy because the baby is really sick and won’t be surviving. Doctors are more concerned about my wife and have asked us for weekly clinic visit to check if baby is still alive.

They are saying that my wife could have indirect threats from this pregnancy and may start having the water in her body, swelling, high blood pressure, and blurry eye, eye spotting etc. We have to take her blood test every week to make sure she is not generating any sickness from the baby. I’d like to ask what Islam says in this situation.

Are we allowed to terminate this pregnancy?

Thanks

Wasslam

Answer:

Bismillah

It is very unfortunate and sad to hear your story and I pray to Allah that he will make things easy for you. When Allah subḥānahu wa ta'āla (glorified and exalted be He) inflicts any hardships or calamity upon anyone, the purpose for this is to either test his true servants as Allah subḥānahu wa ta'āla (glorified and exalted be He) in the Holy Quran has said,

“Be sure we shall test you with something of fear, and hunger and some loss of wealth and lives and fruits and glad tidings to those that bear patience”. 

(SuarhBaqarah v.156)

I will begin by mentioning the Islamic ruling with regards to abortion.

According to the Shariah, the soul enters the body 120 days (4 Months) from the day the woman conceived.

It is narrated by Sayyiduna Ibn-Masudraḥimahullāh (may Allāh have mercy upon him)that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him)has said:

“the seed of one of you remains in the womb of the mother for forty days in the form of a nutfah (sperm). Then it remains like a clot for another forty days and then for a same number of days like a lump of flesh.”

(Sahih Bukhari)

Allahmah Ibn AbideenShamiraḥimahullāh (may Allāh have mercy upon him) has said that the soul enters the foetus at 120 days. (Raddul Muhtar P.336 V.4)

To have an abortion after 120 days in any case is strictly prohibited.

With regards to your situation, where doctors have said that the baby has multiple diseases, will not even survive the entire pregnancy, and may put the mothers help at risk, you need to seek the opinion of a God-fearing Muslim doctor and also advice from your local imam about the issue. If they advise to proceed with an abortion, you may do so.

I pray Allah subḥānahu wa ta'āla (glorified and exalted be He) eases your affairs.

Only Allah knows best.

Ustaadha Bint Salih.  
Darul Ifta Birmingham
Checked and reviewed by Mufti Mohammed Tosir Miah

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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