Fatwa ID: 07621
Answered by: Maulana Muhammad Altaf Hossen
Question:
If both parents have Thalassemia and they are expecting, what would the best course of action be? Termination or leave it be Keeping in mind doctors have said he/she will need regular blood transfusion once alive, he will have many illnesses and won’t live for long.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Thalassemia is an inherited blood disorder that results in abnormal haemoglobin. Symptoms depend on the type of thalassemia and can vary from none to severe. Often there is mild to severe anemia as thalassemia can affect the production of red blood cells and also affect how long the red blood cells live.
(1) There are two main types of thalassemia:
1. Alpha Thalassemia: This occurs when there are defects in one or more of the four genes responsible for producing the alpha globin protein chain in haemoglobin. The severity depends on how many genes are affected.
2. Beta Thalassemia: This occurs when there are defects in the two genes responsible for producing the beta globin protein chain in haemoglobin. The severity ranges from mild (called beta thalassemia minor) to severe (called beta thalassemia major or Cooley’s anaemia). When dealing with an issue like thalassemia, where both parents are carriers, and the unborn child is expected to have a severe form of the condition, we must approach this from an Islamic perspective.1. The Sanctity of Life in the Qur’anIslam places a high value on the sanctity of life.
Allah says in the Qur’an:“وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ”
“And do not kill the soul which Allah has forbidden, except by right.”
(Surah Al-Isra, 17:33)
This verse emphasises that life is sacred and should not be taken without a valid reason. Terminating a pregnancy without a strong basis is considered impermissible. However, exceptions are made in Islamic law, particularly when there is a significant risk of harm to the mother or if the fetus has conditions that make survival outside the womb nearly impossible or filled with suffering.2. Sunnah and the Soul (Ruh) Entering the Fetus in the Sunnah, it is mentioned that the fetus receives its soul (روح) at 120 days (4 months) of gestation.
This is based on the Hadith narrated by Ibn Mas’ud (may Allah be pleased with him), where the Prophet Muhammad (peace be upon him) said:
عَنِ الأَعْمَشِ، عَنْ زَيْدِ بْنِ وَهْبٍ، قَالَ عَبْدُ اللَّهِ حَدَّثَنَا رَسُولُ اللَّهِ صلى الله عليه وسلم وَهْوَ الصَّادِقُ الْمَصْدُوقُ قَالَ “ إِنَّ أَحَدَكُمْ يُجْمَعُ خَلْقُهُ فِي بَطْنِ أُمِّهِ أَرْبَعِينَ يَوْمًا، ثُمَّ يَكُونُ عَلَقَةً مِثْلَ ذَلِكَ، ثُمَّ يَكُونُ مُضْغَةً مِثْلَ ذَلِكَ، ثُمَّ يَبْعَثُ اللَّهُ مَلَكًا، فَيُؤْمَرُ بِأَرْبَعِ كَلِمَاتٍ، وَيُقَالُ لَهُ اكْتُبْ عَمَلَهُ وَرِزْقَهُ وَأَجَلَهُ وَشَقِيٌّ أَوْ سَعِيدٌ. ثُمَّ يُنْفَخُ فِيهِ الرُّوحُ، فَإِنَّ الرَّجُلَ مِنْكُمْ لَيَعْمَلُ حَتَّى مَا يَكُونُ بَيْنَهُ وَبَيْنَ الْجَنَّةِ إِلاَّ ذِرَاعٌ، فَيَسْبِقُ عَلَيْهِ كِتَابُهُ، فَيَعْمَلُ بِعَمَلِ أَهْلِ النَّارِ، وَيَعْمَلُ حَتَّى مَا يَكُونُ بَيْنَهُ وَبَيْنَ النَّارِ إِلاَّ ذِرَاعٌ، فَيَسْبِقُ عَلَيْهِ الْكِتَابُ، فَيَعْمَلُ بِعَمَلِ أَهْلِ الْجَنَّةِ ”.Narrated
Abdullah (RA): Allah’s Messenger (ﷺ), the true and truly inspired said, “(The matter of the Creation of) a human being is put together in the womb of the mother in forty days, and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things. He is ordered to write down his (i.e. the new creature’s) deeds, his livelihood, his (date of) death, and whether he will be blessed or wretched (in religion). Then the soul is breathed into him. So, a man amongst you may do (good deeds till there is only a cubit between him and Paradise and then what has been written for him decides his behaviour and he starts doing (evil) deeds characteristic of the people of the (Hell) Fire. Similarly, a man amongst you may do (evil) deeds till there is only a cubit between him and the (Hell) Fire, and then what has been written for him decides his behaviour, and he starts doing deeds characteristic of the people of Paradise.”Sahih al-Bukhari 3208 Muslim, 2643)Based on this Hadith, most Islamic scholars agree that abortion before 120 days can be permissible under certain conditions, particularly if there is a medical threat to the mother’s life or if the fetus is diagnosed with a severe condition, such as thalassemia major, where the child will suffer greatly and have a reduced lifespan.
3. Islamic Fiqh Rulings on AbortionIn Islamic jurisprudence (fiqh), the ruling on abortion depends on various factors, including the stage of pregnancy and the severity of harm that may occur.
a. Before 120 Days (Before Ensoulment)Many Hanafi and Shafi’i scholars allow for the possibility of abortion before 120 days if there is a valid reason, such as severe fetal abnormality or harm to the mother. In the case of thalassemia major, where doctors confirm that the child will suffer and have a limited lifespan, abortion can be considered permissible before 120 days based on the principle of preventing hardship and harm (دفع الضرر).
The principle in fiqh is:“الدفع أولى من الرفع”
“Prevention is better than cure (or removing harm after it has occurred).”Abortion in such cases is viewed as a lesser evil (أخف الضررين) compared to allowing a child to endure severe suffering throughout life.
b. After 120 Days (After Ensoulment)Once the soul has entered the fetus (after 120 days), abortion is generally prohibited unless there is a dire necessity. This is based on the sanctity of the life of the fetus after ensoulment.
Scholars only permit abortion after 120 days if: The mother’s life is in danger, or the fetus has no realistic chance of survival and would experience extreme suffering.
The ruling is based on the Fiqh principle of weighing harms: “الضرورات تبيح المحظورات”
“Necessities permit what is otherwise prohibited.” This principle is applied when continuing the pregnancy would lead to greater harm, such as severe maternal risk or inevitable, extreme suffering for the child.4. Consulting Scholars and Medical ExpertsIslam encourages the seeking of knowledge from both medical and religious experts.
Allah SWT said:“فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ”
“Ask the people of knowledge if you do not know.” (Qur’an 16:43)
In this case, consulting medical professionals who specialize in genetic conditions like thalassemia, and reputable Islamic scholars, will provide the necessary insight for making an informed decision. Each case should be evaluated individually, with consultation from both medical professionals and Islamic scholars to ensure that the decision aligns with both Islamic principles and the well-being of the family.
Only Allah knows best
Written by Maulana Muhammad Altaf Hossen
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
1. Wikipedia
2)”Radd al-Muhtar” (رد المحتار) by Ibn Abidin,
3)”Al-Mughni” (المغني) by Ibn Qudamah___
