Home » Hanafi Fiqh » Fatwa-TT.com » Advice on having an Abortion

Advice on having an Abortion

Answered as per Hanafi Fiqh by Fatwa-TT.com
Question:

In 2004 I had an emergency c-section with my first child, this was after almost 4 days of labour and my child’s heartbeat went down so an emergency c-section was performed. I was pregnant again in 2008 and was told at 40 weeks that my child was lying transverse, which meant that the consultant had to do another emergency c-section. After the c-section I was told that the lining of my uterus was extremely thin and that I should be careful and not conceive. Exactly a year later in 2009, I found out I was pregnant with child no 3, I was told that I had no choice for a normal delivery and had to have a c-section at 38 weeks in 2010. When I was taken into theatre I didn’t realize until the consultant came around the following morning and told me that my scar from 2008 c-section had ruptured and I was very lucky that both me and the baby were alive. Basically they had to heal my scar and then carry out the c-section. My consultant had discussed having my fallopian tubes tied prior to the caesarean but I think I was afraid of the complications it may cause me as I have polycystic ovaries.

Anyways, the consultant made it clear in 2010 that it was dangerous for me to get pregnant again, and even if I was to get pregnant that they would have to refer me to the head of the department as this consultant would not risk doing another c-section on me. my caesarian in 2010 did not heal and I had a leak from the external scar for almost 11 weeks. Even years after I still have burning sensation in the scar area. My consultant said that my scarring after my c-sections were extremely bad, and there was too much scar tissue internally which was like as if I had several children, when in fact I had only 3 by then. The situation now is that I am pregnant and am in a dilemma.

Since my scar has ruptured before there is a greater risk of that happening again. It’s a calculating risk, both for the child and me. if the scar ruptures (as in third trimester the uterus lining stretches) I can put myself and the baby at risk of a hemorrhage, which inevitably can result in mothers death. I have 3 young children, 3, 4 and 8 and need sincere advice on this matter.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Respected sister in Islam,

You have been through three challenging situations in giving birth and Alhamdulillah you overcame all of them, especially the third one.

In view of all that, you should have taken precaution and went on to some form of contraception.

In principle, one may abort for a genuine medical reason before 120 days of pregnancy.

Our advice is you consult with your gynecologist and if he/she is certain that this pregnancy will seriously impact on your health, then you may abort if you are within 120 days of pregnancy. In the circumstances and in view of taking the correct step in Shari’ah you should seek another professional opinion.

If you are beyond 120 days of pregnancy, then you cannot abort merely based on a possibility. If it is certain that your life will be in serious danger if the pregnancy is not aborted, then one may abort. Such advice must be given by a medical expert.

Also make lots of Dua and ask Allah Ta’ala to guide you on whatever is best for you.

And Allah Ta’āla Knows Best

Arshad Ali

http://fatwa-tt.com


Trinidad

Checked and Approved by,


Mufti Ebrahim Desai.

مَطْلَبٌ فِي حُكْمِ إسْقَاطِ الْحَمْلِ1
(قَوْلُهُ وَقَالُوا إلَخْ) قَالَ فِي النَّهْرِ: بَقِيَ هَلْ يُبَاحُ الْإِسْقَاطُ بَعْدَ الْحَمْلِ؟ نَعَمْ يُبَاحُ مَا لَمْ يَتَخَلَّقْ مِنْهُ شَيْءٌ وَلَنْ يَكُونَ ذَلِكَ إلَّا بَعْدَ مِائَةٍ وَعِشْرِينَ يَوْمًا، وَهَذَا يَقْتَضِي أَنَّهُمْ أَرَادُوا بِالتَّخْلِيقِ نَفْخَ الرُّوحِ وَإِلَّا فَهُوَ غَلَطٌ الدر المختار وحاشية ابن عابدين (رد المحتار) (3/176)
يبح لها أن تعالج في استنزال الدم ما دام نطفة أو علقة أو مضغة لم يخلق له عضو(التاترخانية 4/374)2
3Contemporary Fatawaa(Mufti M Taqi) (pg. 137)

This answer was collected from Fatwa-tt.com, which is operated by the Darul Iftaa of Jaamia Madinatul Uloom (Trinidad and Tobago) under the advice and guidance of Mufti Ebrahim Desai (Daamat Barakaatuhum) of South Africa.

Read answers with similar topics: