Fatwa ID: 02973

Answered by:  Mufti Mohammed Tosir Miah​

Question:

Assalamu Alaikum Wa Rahmatullah

My friend, who is expecting found out that her baby has 5% of down syndrome, the doctors said they can determine a more accurate percentage with two additional tests, would taking these tests to be permissible? First is a blood test and the second would be a more complicated procedure I believe she said.

Answer:

بسم الله الرحمن الرحيم

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

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-Masud Radiallahu Anhu that the Prophet of Allah Sallallahu Alahi Wasalam 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 the same number of days like a lump of flesh.” (Sahih Bukhari)

Allamah Ibn AbideenShami has said that the soul enters the fetus 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 mother's health 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 proceeding with an abortion, you may do so.

Only Allah knows best

Mufti Mohammed Tosir Miah

Darul Ifta Birmingham