Ruling on aborting the fetus in the first forty days of pregnancy by medical decision
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Question:
The first letter in this episode was sent to the program from the Syrian Arab Republic. It was sent by one of the female listeners from there, who says: I became pregnant, and during the pregnancy I took a medication that I did not know was harmful, and that it is not permissible for a pregnant woman to take. It turned out that it caused a deformity in the fetus. When we consulted the doctor, he told me and my husband: It is better to abort the fetus, because he cannot guarantee the continuation of the pregnancy. Based on the doctor's words, I aborted the fetus, and it was one month and ten days old. What is the Islamic legal ruling in this case? Please inform us, may Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Aborting the fetus involves a detailed ruling: If it is in the first forty days, the matter is more lenient, and it should not be aborted, but if the legitimate interest requires aborting it, due to harm to the mother, or for this reason that the doctors determined that it may become deformed due to what the mother did, then there is no blame in that. However, if it is in the second stage, or in the third stage, then it is not permissible to abort it. The opinion may be mistaken, and what the doctor expected may not happen, and the deformity may not occur. The original ruling is the prohibition of aborting the fetus except for a major harm from which the death of the mother is feared.
Likewise, after the soul is breathed into it, it is even more forbidden to abort it, because it has become a human being, so it is not permissible to kill it, and it is not lawful. But if a situation arises where the death of the mother is feared, and the doctors have confirmed that its remaining will cause her death, then her life takes precedence. The doctors should do what they can of the methods by which it can be brought out alive, if that is possible.
As for before the soul is breathed into it in the second and third stages, the matter is easier, but it is not permissible to abort it except in a way where the specialized doctor confirms that its remaining will cause danger to the mother, the death of the mother. It should be with two doctors or more, trusted specialists who decide on this matter. It is not permissible to be lenient in that, not with one doctor, and not with those who are not trusted. Rather, it is necessary to have two or more trusted specialists who decide that its remaining will cause the destruction of its mother. This is the aspect of permitting doing what is necessary to abort it alive, if possible, or not alive.
And as for the first stage, the matter is more lenient. If the interest requires aborting it in the first forty days, then there is no blame in that. Yes.
The presenter : May Allah reward you with good.
The first letter in this episode was sent to the program from the Syrian Arab Republic. It was sent by one of the female listeners from there, who says: I became pregnant, and during the pregnancy I took a medication that I did not know was harmful, and that it is not permissible for a pregnant woman to take. It turned out that it caused a deformity in the fetus. When we consulted the doctor, he told me and my husband: It is better to abort the fetus, because he cannot guarantee the continuation of the pregnancy. Based on the doctor's words, I aborted the fetus, and it was one month and ten days old. What is the Islamic legal ruling in this case? Please inform us, may Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Aborting the fetus involves a detailed ruling: If it is in the first forty days, the matter is more lenient, and it should not be aborted, but if the legitimate interest requires aborting it, due to harm to the mother, or for this reason that the doctors determined that it may become deformed due to what the mother did, then there is no blame in that. However, if it is in the second stage, or in the third stage, then it is not permissible to abort it. The opinion may be mistaken, and what the doctor expected may not happen, and the deformity may not occur. The original ruling is the prohibition of aborting the fetus except for a major harm from which the death of the mother is feared.
Likewise, after the soul is breathed into it, it is even more forbidden to abort it, because it has become a human being, so it is not permissible to kill it, and it is not lawful. But if a situation arises where the death of the mother is feared, and the doctors have confirmed that its remaining will cause her death, then her life takes precedence. The doctors should do what they can of the methods by which it can be brought out alive, if that is possible.
As for before the soul is breathed into it in the second and third stages, the matter is easier, but it is not permissible to abort it except in a way where the specialized doctor confirms that its remaining will cause danger to the mother, the death of the mother. It should be with two doctors or more, trusted specialists who decide on this matter. It is not permissible to be lenient in that, not with one doctor, and not with those who are not trusted. Rather, it is necessary to have two or more trusted specialists who decide that its remaining will cause the destruction of its mother. This is the aspect of permitting doing what is necessary to abort it alive, if possible, or not alive.
And as for the first stage, the matter is more lenient. If the interest requires aborting it in the first forty days, then there is no blame in that. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.