Fatwa ID: 08208

Answered by: Maulana Yusuf Badshah

Question:

‎السلام عليكم ورحمة الله وبركاته

Mufti Saab, I hope you are well InshaAllah.

I hope you can help me with a fairly urgent query I have for a rather upsetting situation myself and my wife find ourselves in. Please excuse the length of the message. I will try to keep it as brief as possible.

My wife has been pregnant with our second child and would have been 15 weeks along this week by menstrual cycle calculations. We had an ultrasound scan in December (around 7 weeks gestation) where everything appeared fine and a “heartbeat” was seen.

We had a routine scan this Monday (3rd February) where we received the unfortunate news that our baby had passed away at around 8 weeks gestation (approximately 6 weeks ago) but was still in the womb.

Three factors informed their diagnosis:

The fact that they could not see a heartbeat.

The fact that there was no visible blood flow to the “foetus”.

The fact that based on ultrasound measurements, it had not grown since the previous scan approximately 7 weeks prior.

We were told that we had 3 options at this stage:

We could wait (up to 2 weeks) until my wife naturally miscarried.

She could take medication to “induce” the miscarriage.

She could undergo surgery (dilation and curettage) to remove the “foetus”.

We opted to wait and leave the matter to Allah SWT. However, the following day we were called back to hospital and told that the ultrasound showed what may be a “molar pregnancy” and as such she would need to undergo the surgical option. (A molar pregnancy could (rarely) result in a cancerous tumour developing in the womb but the only way to confirm whether it is a molar pregnancy would be to remove and test the foetus).

I explained to the hospital that before we could make a decision, I needed absolute certainty that there was no life in our baby so we underwent a second ultrasound. This second scan confirmed the same findings as the first.

I also spoke with a Muslim family doctor who recommended, based on the hospital findings, that surgery would be the wisest option in his medical opinion.

My wife now has the surgery scheduled for this Sunday (9th Feb). I understand that all the medical professionals believe our baby has passed away but I know that only Allah knows best. I can’t help feeling that we should leave it be, rely on Allah and let “nature take its course”, but at the same time we do not want my wife to be harmed.

Please can you help guide us in this matter and keep us in your Duas.

JazakAllah Khair.

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

Answer:

Wa alaykum assalaam wa rahmatullahi wa barakatuh.

To perform surgery to remove the foetus and protect the mother is permissible. When faced with a pressing medical emergency, one is permitted to take any medication or operation which is needed to preserve their life and health [1]. This is even more so when the medical operation is itself permissible. While there is the alternative to wait, this would put the mother’s health at risk and thus would be discouraged.

Perhaps your hesitation stems from the belief that medical surgery is unnatural, or that not taking action and trusting in Allah s.w.t is somehow preferred. Rather, just as the Prophet s.a.w instructed the one who left his camel untied to tie his camel and place his trust in Allah s.w.t, so too are we required to take action, do our part and try our best to set things right ourselves before placing our trust in Allah s.w.t [2]. Taking action is a prerequisite for the support of Allah s.w.t, and there is nothing unnatural about medical operations where the goal is saving lives and treating illnesses. Rather, such operations are praiseworthy, and it is hoped those performing them will be rewarded [3].

So trust in Allah s.w.t, follow the diagnosis of the professionals, go through with the surgery and make Du’a that it goes safely. In any pregnancy, the mother’s life is paramount.

For your consolation, once the foetus has been removed, one can request for the foetus to be given to them so they can bury it if they so wish.

And only Allah s.w.t knows best.

Written by Maulana Yusuf Badshah
Checked and approved by Mufti Tosir Miah
Darul Ifta Birmingham

[1] Surah Al-An’aam 119:

{ … وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلَّا مَا اضْطُرِرْتُمْ إِلَيْهِ … ۞}

Raddul Muhtar, vol. 6, pg. 56, Darul Fikr:

مِمَّا فِيهِ ضَرُورَةٌ ظَاهِرَةٌ تُبِيحُ الْخُرُوجَ عَنْ أَصْلِ الْمَذْهَبِ مِنْ طُرُوُّ الْمَنْعِ

[2] Jami’ At-Tirmidhi 2517:

حَدَّثَنَا أَبُو حَفْصٍ، عَمْرُو بْنُ عَلِيٍّ حَدَّثَنَا يَحْيَى بْنُ سَعِيدٍ الْقَطَّانُ، حَدَّثَنَا الْمُغِيرَةُ بْنُ أَبِي قُرَّةَ السَّدُوسِيُّ، قَالَ سَمِعْتُ أَنَسَ بْنَ مَالِكٍ، يَقُولُ قَالَ رَجُلٌ يَا رَسُولَ اللَّهِ أَعْقِلُهَا وَأَتَوَكَّلُ أَوْ أُطْلِقُهَا وَأَتَوَكَّلُ قَالَ ‏ “‏ اعْقِلْهَا وَتَوَكَّلْ ‏”

[3] Surah Al-Ma’idah 32:

{ … وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا … ۞}