What is the ruling on abortion for women who are found to have diseases that may be transmitted to the fetuses at a rate of 20 to 50 percent, such as immune deficiency disease?
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The Shaykh : After this brief introduction, I proceed to answer the same topic. My answer, I will say at the outset, is that what comes to mind is that we do not have an answer, but I also want to ask:
You spoke of America and imagined that the Muslim society would be afflicted with what afflicted America and Europe of that malignant disease or others. In that case, I do not say: "As Muslims," and this is an incorrect expression. Rather, I say: We, in our capacity as Muslims, must treat our diseases and problems not with the measure by which the disbelievers treat them, because the disbelievers, as the Exalted said:[At-Tawbah 9:29].
So now, how did you imagine this germ reaching the mother and then the fetus? Is it through a forbidden path or a permissible one?!
The questioner : It may be through the transfer of contaminated blood, and this happens sometimes. There is no sin for the mother in that; the transfer of contaminated blood is just a path.
The Shaykh : But I am drawing your attention to the fact that you are giving the answer of the cautious one, saying "perhaps."
The questioner : Yes.
The Shaykh : And what would the other "perhaps" be?
The questioner : The other "perhaps" could be other causes, for example, the husband is afflicted with this disease, or through another path from zina or unlawful intercourse.
The Shaykh : May Allah reward you, O Shaykh. Perhaps, perhaps, perhaps. Where does the source come from? Is it not from zina?
The questioner : Yes.
The Shaykh : Why has this malignant disease spread today? Is it not because of the spread of zina?!
So, may Allah reward you. I return to say: We, in our capacity as Muslims, must focus on eradicating the disease from its root, not treating its effects while leaving its root intact. This is what the disbelievers do. Today, the disbelievers were afflicted with this disease because of their disbelief, their misguidance, and their lack of faith in our Shari'ah. So they have no cure except to treat the disease with the disease. As for us, as I said earlier, in our capacity as Muslims, we should not imitate them. If they find a cure for this malignant disease, it means that if we do not treat the disease from its root, we will follow them and enter the weasel's hole with them, as I mentioned to you earlier in the first word:Sahih al-Bukhari 3456 These people fell into the great sin, and from their great sin resulted this disease, which, in our opinion, they will not reach a cure for today except by cutting off the root of zina from its source. And they will not reach that except if they are guided by the Book of our Lord and the Sunnah of our Prophet. The purpose of this speech is that the Muslim doctor does not place himself in the position of the disbelieving doctor. He treats the effect of the disease and does not think about treating the root of the disease and eradicating it from its source. So, you, in your capacity as a doctor, must think with the scholar about where this disease came from. You said "perhaps" and "perhaps" and forgot the root and the source from which these bad effects came and necessitated these treatments and this preoccupation with discovering a decisive cure for this malignant disease.
You spoke of America and imagined that the Muslim society would be afflicted with what afflicted America and Europe of that malignant disease or others. In that case, I do not say: "As Muslims," and this is an incorrect expression. Rather, I say: We, in our capacity as Muslims, must treat our diseases and problems not with the measure by which the disbelievers treat them, because the disbelievers, as the Exalted said:
and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture
لا يحرمون ما حرَّم الله ورسوله ولا يدينون دين الحق مِن الذين أوتوا الكتابSo now, how did you imagine this germ reaching the mother and then the fetus? Is it through a forbidden path or a permissible one?!
The questioner : It may be through the transfer of contaminated blood, and this happens sometimes. There is no sin for the mother in that; the transfer of contaminated blood is just a path.
The Shaykh : But I am drawing your attention to the fact that you are giving the answer of the cautious one, saying "perhaps."
The questioner : Yes.
The Shaykh : And what would the other "perhaps" be?
The questioner : The other "perhaps" could be other causes, for example, the husband is afflicted with this disease, or through another path from zina or unlawful intercourse.
The Shaykh : May Allah reward you, O Shaykh. Perhaps, perhaps, perhaps. Where does the source come from? Is it not from zina?
The questioner : Yes.
The Shaykh : Why has this malignant disease spread today? Is it not because of the spread of zina?!
So, may Allah reward you. I return to say: We, in our capacity as Muslims, must focus on eradicating the disease from its root, not treating its effects while leaving its root intact. This is what the disbelievers do. Today, the disbelievers were afflicted with this disease because of their disbelief, their misguidance, and their lack of faith in our Shari'ah. So they have no cure except to treat the disease with the disease. As for us, as I said earlier, in our capacity as Muslims, we should not imitate them. If they find a cure for this malignant disease, it means that if we do not treat the disease from its root, we will follow them and enter the weasel's hole with them, as I mentioned to you earlier in the first word: