Abortion of the mother if danger to her life is feared from childbirth
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Fatwa number ( 14268 )
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the General President from His Excellency Dr. Mamoun Mals, referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (4229) and date 20 \ 10 \ 1411 AH. His Excellency asked a question in his medical report, the text of which is: The patient mentioned above was admitted on 17 \ 10 \ 1411 AH due to a threatened miscarriage in the week
twentieth of pregnancy; for on that day she complained of genital bleeding with lower abdominal pain, and she is in her fifth month of pregnancy. Prior to this pregnancy, the aforementioned patient had been pregnant eight times, and her first four deliveries were natural, while her last four were via cesarean sections. Given that she has had four cesarean sections, it is medically impossible for her to deliver a live fetus in the ninth month via the natural route anymore. That is, the obstetrician must perform a cesarean section again in any future pregnancy as a precaution, so that the uterus is not exposed to rupture, and the lives of the mother and fetus are not put in danger should severe labor contractions occur. In the current pregnancy, an ultrasound diagnosed a fetal malformation incompatible with life, which is anencephaly, and there is suspicion of other malformations such as spina bifida, which are malformations of the nervous system. In the case of anencephaly, the only part of the nervous system that forms in the fetus is the heart and respiratory center, while the cerebral cortex, which is responsible for the fetus's mental development, is absent. In this state, the fetus will either die in the womb or be born alive but die after a short period ranging from hours to days after birth, and there is certainly no cure for such a condition. If the current pregnancy, which is in the twentieth week - i.e., the fifth month - is allowed to develop
to term, it will be impossible to attempt to deliver the mother via the natural route, given her history of four cesarean sections; for any exposure of the uterus to labor contractions in the last two months means the risk of uterine rupture at the sites of the previous cesarean scars, and this poses a definite danger to the mother's life, in addition to the fact that the fetus certainly carries malformations incompatible with life. We therefore request your opinion on the permissibility of terminating the pregnancy at this specific time - i.e., the fifth month - and not after; for at this time, the pregnancy can be terminated and the fetus delivered via the natural route, without exposing the mother to the danger of cesarean sections that would be necessary if the current pregnancy continued beyond the seventh month due to the medical circumstances mentioned above. We thank you greatly. As also stated in the report of the committee consisting of Dr. Zarr Bana Zadeh, Dr. Muhammad Adam Osman, and Dr. Ahmad Bakir, the text of which is: We thank Your Eminence for responding to the case of the patient (F. A. M.), whose medical condition we previously explained to you. She is in her fifth month of pregnancy with a live fetus diagnosed with a malformation incompatible with life if the pregnancy continues to term. Also, the mother has previously delivered via four cesarean sections, and exposing her to a fifth cesarean if the current pregnancy continues means medically terminating her future fertility,
for we are compelled after the fifth cesarean to ligate the fallopian tubes; due to the number of cesareans performed on the uterus, and the increasing risk of surgical complications from one time to the next, in addition to the fact that the current pregnancy, as we explained above, is for a fetus carrying a malformation incompatible with life; for the fetus is not expected to live more than a few hours if born alive, i.e., it is a case of anencephaly with the possibility of other malformations. Is it permissible from the Sharia perspective to terminate the pregnancy at the current time - i.e., in the fifth month - and attempt to deliver the mother via the natural route, and avoid the fifth cesarean, along with the associated ligation of the fallopian tubes and prevention of future fertility if possible, due to the medical complications mentioned above, which are: termination of future fertility, increasing risk of surgical complications from one time to the next, and the mother's exposure to the possibility of uterine rupture if the current pregnancy continues? We thank Your Eminence for providing the Sharia opinion on this?
After the Committee's study of the inquiry, it issued the fatwa that based on what was stated in the two reports mentioned, that a fifth cesarean section can be performed on the mother without danger to her life; it is not permissible to abort the aforementioned fetus. We ask Allah for a good outcome for everyone. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the General President from His Excellency Dr. Mamoun Mals, referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (4229) and date 20 \ 10 \ 1411 AH. His Excellency asked a question in his medical report, the text of which is: The patient mentioned above was admitted on 17 \ 10 \ 1411 AH due to a threatened miscarriage in the week
twentieth of pregnancy; for on that day she complained of genital bleeding with lower abdominal pain, and she is in her fifth month of pregnancy. Prior to this pregnancy, the aforementioned patient had been pregnant eight times, and her first four deliveries were natural, while her last four were via cesarean sections. Given that she has had four cesarean sections, it is medically impossible for her to deliver a live fetus in the ninth month via the natural route anymore. That is, the obstetrician must perform a cesarean section again in any future pregnancy as a precaution, so that the uterus is not exposed to rupture, and the lives of the mother and fetus are not put in danger should severe labor contractions occur. In the current pregnancy, an ultrasound diagnosed a fetal malformation incompatible with life, which is anencephaly, and there is suspicion of other malformations such as spina bifida, which are malformations of the nervous system. In the case of anencephaly, the only part of the nervous system that forms in the fetus is the heart and respiratory center, while the cerebral cortex, which is responsible for the fetus's mental development, is absent. In this state, the fetus will either die in the womb or be born alive but die after a short period ranging from hours to days after birth, and there is certainly no cure for such a condition. If the current pregnancy, which is in the twentieth week - i.e., the fifth month - is allowed to develop
to term, it will be impossible to attempt to deliver the mother via the natural route, given her history of four cesarean sections; for any exposure of the uterus to labor contractions in the last two months means the risk of uterine rupture at the sites of the previous cesarean scars, and this poses a definite danger to the mother's life, in addition to the fact that the fetus certainly carries malformations incompatible with life. We therefore request your opinion on the permissibility of terminating the pregnancy at this specific time - i.e., the fifth month - and not after; for at this time, the pregnancy can be terminated and the fetus delivered via the natural route, without exposing the mother to the danger of cesarean sections that would be necessary if the current pregnancy continued beyond the seventh month due to the medical circumstances mentioned above. We thank you greatly. As also stated in the report of the committee consisting of Dr. Zarr Bana Zadeh, Dr. Muhammad Adam Osman, and Dr. Ahmad Bakir, the text of which is: We thank Your Eminence for responding to the case of the patient (F. A. M.), whose medical condition we previously explained to you. She is in her fifth month of pregnancy with a live fetus diagnosed with a malformation incompatible with life if the pregnancy continues to term. Also, the mother has previously delivered via four cesarean sections, and exposing her to a fifth cesarean if the current pregnancy continues means medically terminating her future fertility,
for we are compelled after the fifth cesarean to ligate the fallopian tubes; due to the number of cesareans performed on the uterus, and the increasing risk of surgical complications from one time to the next, in addition to the fact that the current pregnancy, as we explained above, is for a fetus carrying a malformation incompatible with life; for the fetus is not expected to live more than a few hours if born alive, i.e., it is a case of anencephaly with the possibility of other malformations. Is it permissible from the Sharia perspective to terminate the pregnancy at the current time - i.e., in the fifth month - and attempt to deliver the mother via the natural route, and avoid the fifth cesarean, along with the associated ligation of the fallopian tubes and prevention of future fertility if possible, due to the medical complications mentioned above, which are: termination of future fertility, increasing risk of surgical complications from one time to the next, and the mother's exposure to the possibility of uterine rupture if the current pregnancy continues? We thank Your Eminence for providing the Sharia opinion on this?
After the Committee's study of the inquiry, it issued the fatwa that based on what was stated in the two reports mentioned, that a fifth cesarean section can be performed on the mother without danger to her life; it is not permissible to abort the aforementioned fetus. We ask Allah for a good outcome for everyone. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.