What is the ruling on terminating a deformed fetus based on the doctors' certificate?
Machine translationRead the Arabic original
The questioner:
She sent a somewhat lengthy case, written in her own style. The summary of this case is that the doctors discovered, while she was pregnant, that her fetus was deformed in the head. At that time, they advised her to terminate it, but she refused. In the ninth month, she was certain of that matter, so she terminated it. At that point, she asks about the ruling. May Allah reward you with good.
The Shaykh:
It is obligatory for her to ask before terminating the child. As for the fact that she has already terminated it, she has thereby committed a sin, and this action is not permissible for her. It is supposed that she should leave the child to the will of Allah (Glorified and Exalted is He) and His choice. Terminating it after the soul has been breathed into it is a crime.
The presenter:
With peace.
The Shaykh:
It is a crime. However, if the soul was breathed into it and she terminated it, and it died because of this, then the expiation is upon her, which is freeing a slave. If she does not find one, then she should fast two consecutive months, because this is killing a soul without right.
The questioner:
She says that after the termination, the doctors said that it lived for four hours.
The Shaykh:
Meaning it did not die immediately after being terminated.
The presenter:
Yes, yes.
The Shaykh:
The expiation is upon her, as I mentioned.
The presenter:
O Allah, send blessings upon our master Muhammad. May Allah reward you with good and do you good. What is the responsibility of the doctors in the situation described?
The Shaykh:
It is not permissible for the doctors to do this action. They must fear Allah (Glorified and Exalted is He) and not commit these crimes by terminating children and aborting them under this pretext. This is only permissible in the narrowest limits.
The questioner:
Yes.
The Shaykh:
If the child’s survival poses a danger of death to its mother, then it is permissible to terminate the child to preserve the mother’s life out of dire necessity. However, terminating the child because it has a deformity is not permissible. Yes.
She sent a somewhat lengthy case, written in her own style. The summary of this case is that the doctors discovered, while she was pregnant, that her fetus was deformed in the head. At that time, they advised her to terminate it, but she refused. In the ninth month, she was certain of that matter, so she terminated it. At that point, she asks about the ruling. May Allah reward you with good.
The Shaykh:
It is obligatory for her to ask before terminating the child. As for the fact that she has already terminated it, she has thereby committed a sin, and this action is not permissible for her. It is supposed that she should leave the child to the will of Allah (Glorified and Exalted is He) and His choice. Terminating it after the soul has been breathed into it is a crime.
The presenter:
With peace.
The Shaykh:
It is a crime. However, if the soul was breathed into it and she terminated it, and it died because of this, then the expiation is upon her, which is freeing a slave. If she does not find one, then she should fast two consecutive months, because this is killing a soul without right.
The questioner:
She says that after the termination, the doctors said that it lived for four hours.
The Shaykh:
Meaning it did not die immediately after being terminated.
The presenter:
Yes, yes.
The Shaykh:
The expiation is upon her, as I mentioned.
The presenter:
O Allah, send blessings upon our master Muhammad. May Allah reward you with good and do you good. What is the responsibility of the doctors in the situation described?
The Shaykh:
It is not permissible for the doctors to do this action. They must fear Allah (Glorified and Exalted is He) and not commit these crimes by terminating children and aborting them under this pretext. This is only permissible in the narrowest limits.
The questioner:
Yes.
The Shaykh:
If the child’s survival poses a danger of death to its mother, then it is permissible to terminate the child to preserve the mother’s life out of dire necessity. However, terminating the child because it has a deformity is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم إنزال الجنين المشوه بشهادة الأطباء؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.