What is the ruling on doctors aborting the fetus in the early months due to congenital defects?
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The questioner : Doctors now resort to aborting the pregnant woman in the early months of pregnancy, and among the considerations for this is, for example, that they confirm the presence of congenital defects in the fetus, such as being born deformed with two heads or four hands, or something similar. Is such a thing permissible?
The Shaykh : In the first month?
The questioner : In the early months.
The student: Peace be upon you.
The Shaykh : If it is before the blowing of the soul—and peace be upon you—if this procedure is carried out before the blowing of the soul, the matter is easy, because this is permissible in principle, albeit with dislike, as long as the soul has not been blown into it. It is even more permissible when the doctors rule that it will be born deformed, whether they are certain of this or have a strong suspicion that it will be born deformed. However, after the blowing of the soul, it is not permissible to induce abortion or perform the procedure, because that involves killing the soul without right. First, it is based on a suspicion that may be a strong suspicion, and second, it involves altering the creation of Allah (Mighty and Majestic), which He described in His saying, Blessed and Exalted is He: I want to say that the difference in the creation of people by the Lord of people is not in vain, and this is among the meanings of the previous verse: If there is a person who is short or tall, or dark-skinned or black, or has vitiligo, or something similar, all this creation was not created by Allah in vain, but He created it for a profound wisdom. Among this is, as He (Mighty and Majestic) said regarding the difference of people in their languages: [Ar-Rum 30:22] We know that in countries where white skin predominates, blackness is considered ugly, especially jet-black, which is very ugly. It is strange that I hear that the Negroes themselves look at white people like us with the same look that we have for them. So here, natures differ. If that is the case, and this is a matter that returns to the choice of Allah (Mighty and Majestic), when He says, Exalted and Majestic is He: [Al-Qasas 28:68] What is the beginning of the verse? Exalted and Majestic is He above what they associate with Him.
The student : By Allah, He creates what He wills and chooses. Another student:[Al-Qasas 28:68].
The Shaykh :[Al-Qasas 28:68] And your Lord creates what He wills and chooses. Who is the one who can say that this fetus, after the soul has been blown into it, was not created by Allah? No one. This is from the creation of Allah. Then who is the one who can say: that this creature, whom the doctors suspect will have some ailment when born, is not from the choice of Allah, while He says: [Al-Qasas 28:68]? Therefore, I believe that the completion of submission to the rulings of Allah (Mighty and Majestic) is being pleased with what He decrees. This does not conflict with taking the lawful means that may alleviate the deformity of this person if he is created, by taking the possible means while he is in his mother's womb, or something similar. It is necessary to submit to the creation of Allah, because it is based on knowledge and profound wisdom. This, in reality, leads us to the issue of Allah’s (Mighty and Majestic) creation of the male and the female. He indicated that this is among His great signs, where He said, Exalted and Majestic is He: [Al-Layl 92:1-3] So His creation of the male and the female is very, very clearly for a profound wisdom, and every person knows that. Without this, life would not have continued on this earth, and humans would not have reproduced. There may be wisdoms that humans do not notice in much of what Allah (Mighty and Majestic) creates. Similarly, when we see our Lord (Mighty and Majestic) creating a man with a very thick beard, very intermingled hair, and we find a person who is bald, with no beard, or with a beard like the Chinese, where you find hairs here that may grow long, while the cheeks have nothing of the matter of hair, and you find between that and this images that no one knows except Allah, Blessed and Exalted is He. This is the creation of Allah, and it is absolutely not in vain. Therefore, the Muslim must be pleased with this reality and not change it. On the other hand, we find that Allah (Mighty and Majestic) created the woman without a beard. So every man must be pleased with what Allah created him as: a man with a thick beard, a man with a sparse beard, or a man in between. All these types, when they stand before the mirror, must follow the Sunnah of the Messenger of Allah (peace and blessings be upon him). So every type of these types says: Bulugh al-Maram 16:101, however he is, whether he is dark-skinned, white, black, young, or bald, and so on. Every one of these must say, while seeing his attribute in the mirror: Bulugh al-Maram 16:101. This is the meaning of submission to the creation of Allah (Mighty and Majestic) and not associating ourselves in dealing with what Allah created, in opposing the Shari'ah of Allah (Blessed and Exalted is He).
The Shaykh : In the first month?
The questioner : In the early months.
The student: Peace be upon you.
The Shaykh : If it is before the blowing of the soul—and peace be upon you—if this procedure is carried out before the blowing of the soul, the matter is easy, because this is permissible in principle, albeit with dislike, as long as the soul has not been blown into it. It is even more permissible when the doctors rule that it will be born deformed, whether they are certain of this or have a strong suspicion that it will be born deformed. However, after the blowing of the soul, it is not permissible to induce abortion or perform the procedure, because that involves killing the soul without right. First, it is based on a suspicion that may be a strong suspicion, and second, it involves altering the creation of Allah (Mighty and Majestic), which He described in His saying, Blessed and Exalted is He:
You do not see any inequality in the creation of the Most Merciful
مَا تَرَى فِي خَلْقِ الرَّحْمَنِ مِنْ تَفَاوُتٍYou do not see any inequality in the creation of the Most Merciful
مَا تَرَى فِي خَلْقِ الرَّحْمَنِ مِنْ تَفَاوُتٍAnd of His signs is the creation of the heavens and the earth
وَمِنْ آيَاتِهِ [ خَلْقُ السَّمَاوَاتِ وَالْأَرْضِ ] وَاخْتِلَافُ أَلْسِنَتِكُمْ وَأَلْوَانِكُمْnot for them was the choice
ما كان لهم الخيرةThe student : By Allah, He creates what He wills and chooses. Another student:
And your Lord creates what He wills
وَرَبُّكَ يَخْلُقُ مَا يَشَاءُThe Shaykh :
And your Lord creates what He wills and chooses; not for them was the choice. Exalted is Allah and high above what they associate with Him.
وَرَبُّكَ يَخْلُقُ مَا يَشَاءُ وَيَخْتَارُ مَا كَانَ لَهُمُ الْخِيَرَةُ سُبْحَانَ اللَّهِ وَتَعَالَى عَمَّا يُشْرِكُونَnot for them was the choice. Exalted is Allah and high above what they associate with Him.
مَا كَانَ لَهُمُ الْخِيَرَةُ سُبْحَانَ اللَّهِ وَتَعَالَى عَمَّا يُشْرِكُونَ(1) By the night when it covers (2) And [by] the day when it appears (3) And [by] He who created the male and female,
وَاللَّيْلِ إِذَا يَغْشَى * وَالنَّهَارِ إِذَا تَجَلَّى * وَمَا خَلَقَ الذَّكَرَ وَالْأُنْثَى * إِنَّ سَعْيَكُمْ لَشَتَّىO Allah You have made my creation perfect, so make my moral characteristics also be the best.
اللهم كما حسَّنت خلقي فحسِّنْ خُلقيO Allah You have made my creation perfect, so make my moral characteristics also be the best.
اللهم كما حسَّنت خلقي فحسِّنْ خُلقي
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
