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Ruling on Aborting the Fetus if was Afflicted with Patou Syndrome

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
I lost my two months old baby who was afflicted with Patou Syndrome which is a problem in Gene (13), because the people afflicted with it don't live for too long due to the intensity of physical problems and congenital malformation such as brain atrophy as well heart and lungs malformations and the like. However, after examination, it turns out that my wife had (Patou Syndrome). Nowadays, science is capable through test-tube babies technique to specify the afflicted gene and eliminate it at the lab before injecting the mother with fertilized ovum. If Allah wills, and at the time in which my wife is pregnant normally, we can make gene examination for the fetus at the 10 week of pregnancy and the results will be given within one week .i.e.  (120) days before pregnancy through which science can determine if the fetus is afflicted with the above syndrome, having afflicted genes or safe and sound. Are we permitted to make abortion if the fetus is afflicted with Patou Syndrome and been detected (120) days earlier of pregnancy?

Answer:

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

We ask Allah to cure and reward both of you in return of your deceased baby and bestow you with patience and consolation.

As for abortion ruling, if the fetus was afflicted with Patou Syndrome-as described by you(Questioner) by which his life will be unstable to the intensity of malformations, then there is no harm to abort it so long as it didn't surpass 4 months old as been clarified by the Board of Iftaa' in a specific resolution in this regard mentioned in Fatwa No. (791).

As for the fetus afflicted with it, we are of the view that there is no need to make abortion; rather, you should be patient in this regard since Allah, The Exalted might decreed cure for if He wills, as the medicine is in a continuous progress thanks God and it could be a great chance as he grow and marry to figure out a cure by which he will be capable to have sound kids with less expensive methods and treatments. Yet, there is no harm on you to have kids through test-tube babies to exclude the afflicted gene; however, if the fetus was afflicted with the above syndrome then making abortion is impermissible. Kindly refer to Fatwa No. (287). And Allah knows best.

 

This answer was collected from the official government Iftaa Department of Jordan.

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