Fatwa ID: 04403

Answered by: Maulana Mohammed Kamran Abid

Question

8 weeks pregnant niece suffered from chickenpox. Dr's say this fetus will have severe brain problems hence she ought to have the termination of pregnancy?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

According to the Shariah, after 120 days of pregnancy, the soul is blown into the child. It is narrated by Sayyiduna Ibn-Masud (RA) that the Prophet of Allah (saw) 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) To have an abortion after 120 days, in any case, is strictly prohibited.

In your case of your niece being 8 weeks pregnant, if a qualified, God-fearing Muslim doctor advises you that there is a definite danger of the child being born with severe brain problems then it would be permissible to have an abortion.

For more information please see the links below.

http://daruliftabirmingham.co.uk/abortion-of-a-baby-with-down-syndrome/

https://islamqa.org/hanafi/daruliftaa-birmingham/19360

Only Allah knows best

Written by Maulana Mohammed Kamran Abid

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham