Fatwa ID: 09063
Answered by Muftiyah Aisha Qureshi
Question:
Asalamualaikum,
A brother just came to me. His wife is almost 4 months (2 weeks left) pregnant. The doctors have said the child has a severe disability and will probably not survive long after birth.
Medically doctors are advising to abort the baby. But he wants to know the Islamic stance in this. Would it still be permitted even though it is almost 4 months?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The ruling on abortion depends on the stage of pregnancy. After 120 days, when the soul is breathed into the foetus, abortion is strictly prohibited. Even before this point, it is not freely permitted and requires a valid reason. [1]
In this case, the pregnancy is very close to four months, so the ruling becomes very strict. A severe disability or the likelihood that the child may not survive does not make abortion permissible.
The only exception is if continuing the pregnancy poses a real danger to the mother’s life, confirmed by reliable doctors. In that situation, it would be allowed. [2]
Therefore, abortion would not be permitted in this case due to disability. It would only be allowed if there is a genuine risk to the mother’s life.
Only Allah ﷻ knows best.
Written by Muftiyah Aisha Qureshi
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
قَالَ فِي النَّهْرِ: بَقِيَ هَلْ يُبَاحُ الْإِسْقَاطُ بَعْدَ الْحَمْلِ؟ نَعَمْ يُبَاحُ مَا لَمْ يَتَخَلَّقْ مِنْهُ شَيْءٌ وَلَنْ يَكُونَ ذَلِكَ إلَّا بَعْدَ مِائَةٍ وَعِشْرِينَ يَوْمًا،
Rad al muhtar vol 3 pg 176 maktaba shamila
[2]
الضَّرُورَاتُ تُبِيحُ الْمَحْظُورَاتِ
Qawaid al fiqhiya