Shafi'i Fiqh

It is Permissible to Take a Compensation Against the Harm Resulting from Negligence

In Europe, it is allowed for a woman to undergo a diagnosis for her embryo during the first months of pregnancy to check whether it has Down`s Syndrome, or not. Actually, a woman gave birth to a baby that has been diagnosed with Down`s Syndrome, so she filed a lawsuit against the hospital for not running that test in the early stages of her pregnancy. As a result, the court ruled that she gets a certain amount of money as a compensation. Is it permissible for her to take that money?

Shafi'i Fiqh

Ruling on Aborting the Fetus if was Afflicted with Patou Syndrome

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?

Shafi'i Fiqh

Medical Malpractice are Determined by Medical Doctors

A nurse midwifed a woman for more than 40 years ago, during delivery, the former pulled out the baby's head because he was stuck in the woman's womb and finally, when she managed to pull him out he was dead. What should I do because I am not certain that he died because of the midwife's action or was suffocated as being stuck in my womb?

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