Does medicine base its rulings on conjecture or preponderance of conjecture regarding whether the fetus, if born, will be healthy or afflicted with AIDS?
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The Shaykh : But from the medical perspective, I want to know: does medicine categorically rule that if this fetus remains alive, it will definitely be born with the disease, or is it merely conjecture?
This is a medical question. As for the religious ruling, I have already finished with it. But just as I want the doctor to understand jurisprudence, I also want to understand something related to medicine, because it helps us know the religious answer to some questions.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful:
What we know now, meaning what we know, is that if the mother has this virus, the percentage of the fetus being infected, as I said at the beginning, ranges between twenty and fifty percent. Medicine cannot say: this fetus will be infected or will not be infected. But medicine says: there is a percentage ranging between twenty and fifty percent that this fetus will be infected. Yes.
The Shaykh : In that case, we say: there is no preponderance of conjecture in medicine, is there not?!
In this matter, there is no medical preponderance of conjecture that this one infected with this germ, or as you say, virus, will in the majority, in the stronger position, be infected. It is merely conjecture. And conjecture, just as it is not permissible religiously to act upon it, as Allah the Exalted said regarding the disbelievers who associate partners with Allah:[An-Najm 53:23] Similarly, it is not permissible medically for us to perform surgical operations where there is no preponderance of conjecture in the success of the operation. I think this is established in your medical field. And since that is the case, it is not permissible to base a religious ruling on what has not become preponderant in conjecture, because this religious ruling necessitates that it be presented to treat this problem, which is not preponderant, not stronger in position, that it will be this problem. If we now assume that the stronger position is not fifty percent, because that is equal, and that is conjecture. If there were a preponderance of seventy-five percent, the answer was previously given that abortion in this case, before the soul is breathed in, is permissible for a reason less than this. But as long as medicine has only this conjecture, the Messenger (peace and blessings be upon him) says: Jami` at-Tirmidhi 1988Sahih (Darussalam) And I have heard some news from some doctors that sometimes a test is performed on the condition of a fetus, and it is ruled that if this fetus remains alive, it will come out deformed. Then incidents occurred where the matter was the opposite of that. I heard this, so what is your opinion? Does this happen?
The questioner : Yes, it happens.
The Shaykh : May Allah bless you.
The questioner : A percentage of ninety percent, and the ninety percent is this ten percent. Yes.
The Shaykh : Therefore, it is obligatory upon doctors, just as it is upon scholars, not to rule based on conjecture, but rather on the preponderant conjecture. This is all I have, and peace be upon you.
This is a medical question. As for the religious ruling, I have already finished with it. But just as I want the doctor to understand jurisprudence, I also want to understand something related to medicine, because it helps us know the religious answer to some questions.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful:
What we know now, meaning what we know, is that if the mother has this virus, the percentage of the fetus being infected, as I said at the beginning, ranges between twenty and fifty percent. Medicine cannot say: this fetus will be infected or will not be infected. But medicine says: there is a percentage ranging between twenty and fifty percent that this fetus will be infected. Yes.
The Shaykh : In that case, we say: there is no preponderance of conjecture in medicine, is there not?!
In this matter, there is no medical preponderance of conjecture that this one infected with this germ, or as you say, virus, will in the majority, in the stronger position, be infected. It is merely conjecture. And conjecture, just as it is not permissible religiously to act upon it, as Allah the Exalted said regarding the disbelievers who associate partners with Allah:
They follow not except assumption and what [their] souls desire
إنْ يتبعون إلا الظنَّ وما تهوى الأنفسBeware of Zann (suspicion), for indeed Zann is the falsest of speech.
إياكم والظن فإن الظن أكذب الحديثThe questioner : Yes, it happens.
The Shaykh : May Allah bless you.
The questioner : A percentage of ninety percent, and the ninety percent is this ten percent. Yes.
The Shaykh : Therefore, it is obligatory upon doctors, just as it is upon scholars, not to rule based on conjecture, but rather on the preponderant conjecture. This is all I have, and peace be upon you.