Fatwa ID: 01946

Answered by Mufti Mohammed Tosir Miah

Question:

Is abortion allowed if the looking after of a young disabled child is difficult on the parents

Answer:

I will firstly mention 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-Masud that the Prophet of Allah 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 Abideen Shami  has said that the soul enters the foetus at 120 days. (Raddul Muhtar P.336 V.4)

To have an abortion after 120 days is strictly prohibited. The ruling will still remain the same even though the child might be born with some kind of disability or with some genetic diseases.

However, some jurists have given permission to abort the pregnancy where the mother’s life is in absolute danger. In this situation the mother’s life is given preference to that of the child.

To have an abortion prior to 120 days is also impermissible and haraam. However in certain extreme circumstances it would be permitted, such as the mother’s life or health is in danger or the woman became pregnant due to rape etc…

After consulting my respected teachers, the conclusion we came to was that in the aforementioned scenario it will not be permissible to have an abortion. I understand that having a child in this situation may be challenging but it is Allah’s decree to bless you with a child so therefore, be happy with Allah’s will and try raising the baby to the best of your ability.

I will conclude by saying that in such a situation, you should have been careful of your actions. It would have been best to taken precaution by using contraception’s to avoid your wife falling pregnant.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.