Imam Ilyas Sidyot

Questions and Answers

Question: 020

I have recently heard a fatwa that if a married couple is undergoing a divorce and the wife is pregnant she may abort the child if the fetus is under the age of 120 days (i.e. the age in which the soul enters the body)? My heart does not feel comfortable with this fatwa! May you please verify the validity of this fatwa or give me a fatwa for the situation mentioned?

JazakAllahu Khayran Salam

Answer:

As Salaamu Alaykum wa Rahmatullahi Wa Barakaatuh Haamidaw wa Musalliyaa

Your query below refers: Abortion

 

The jurists have mentioned the life enters the foetus upon 120 days. From then onwards the foetus is a living human being. Under no circumstances will it be permissible to abort the child.

Allah Ta'ala in his infinite knowledge knows the circumstances and inspite of Him Being Most Merciful, He has endowed the foetus with life. Can our deficient mercy to abort the child be compared to Allah Ta'ala's Infinite Mercy to sustain the child. The heights of His Infinite Wisdom cannot be reached or comprehended. The importance of the biggest concern in the circumstances cannot be equivalent to the importance of the Rooh (life). It is too dear to be discarded. Before 120 days too, aborting a foetus is not correct.

However, there may be certain circumstances where this may be tolerated.

These circumstances include:

1) Rape

2) Incest

3) Sexual interference with the mentally retarded

4) Foetal deformity for e.g.. anencephaly (no brain)

5) Foetal deformity for e.g.. congenital rubella health.

Merely undergoing a divorce is not a valid reason to abort a child. The child has not committed any mistake for which it deserves abortion.

And Allah Ta'ala Knows Best

Was Salaam

Shafiq Jakhura (Mufti) M.D. Mangera (Mufti) Fatwa Dept. Fatwa Dept.

Back to Questions