𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (290)

Terminating a Fetus with Congenital Deformities This is a contemporary issue because modern medical advancements have made it possible to detect fetal deformities through imaging techniques. Doctors can now ascertain whether a fetus will be born with physical deformities. This raises the question: if a fetus is found to be deformed and is expected to be a burden on its family if born, is it permissible to terminate the pregnancy in such cases? Before addressing this issue, we must outline some preliminary considerations essential for the discussion: The Soul is Breathed in the Fetus: According to the hadith narrated by Abdullah ibn Mas’ud, the soul is breathed into the fetus after 120 days of pregnancy. The hadith describes this process as occurring in stages of 40 days each, culminating in a total of 120 days (four months). This timeline is significant for evaluating the permissibility of terminating a pregnancy. General Ruling on Termination: Prohibition of Termination Without a Legitimate Reason: As stated in the resolutions of scholarly councils, it is generally impermissible to terminate a pregnancy at any stage unless there is a legitimate religious justification, and even then, only under very restricted circumstances. Termination for reasons such as the difficulty of raising children, financial inability, or contentment with the current number of children is not considered a legitimate justification. This ruling applies even during the first 40 days of pregnancy. Termination After 120 Days: If the pregnancy has reached 120 days, it is impermissible to terminate it, even if medical diagnostics indicate severe congenital deformities. This is because the soul has been breathed into the fetus, making it a living human being, and its termination would amount to the taking of a life. Termination Before 120 Days: Between 40 and 120 Days (Embryonic and Fetal Stages): If medical experts confirm that the fetus is severely deformed, incurable, and its continued existence would cause significant suffering to both the child and the family, termination may be permitted upon the request of the parents. This is because the soul has not yet been breathed into the fetus at this stage. During the First 40 Days: During the first 40 days of pregnancy, termination is permitted if there is a valid religious benefit or to prevent anticipated harm. For instance, if the fetus is confirmed to have severe deformities that would significantly impact its quality of life if born, termination during this period is considered permissible. Additionally, in cases such as pregnancy resulting from rape, termination during the first 40 days may also be allowed as it serves a legitimate interest. Levels of Prohibition and Permissibility: Scholars have established a gradation in the severity of prohibition depending on the stage of pregnancy: Termination after 120 days is strictly prohibited unless the mother’s life is in confirmed danger. Termination between 40 and 120 days is less strictly prohibited but only permissible in cases of severe, untreatable deformities. Termination during the first 40 days is the least restricted and is allowed for valid reasons, including severe deformities or other significant hardships. Scholarly Consensus: The Council of Senior Scholars and the Islamic Fiqh Academy have deliberated on this issue with slight differences in emphasis. The Islamic Fiqh Academy has focused on cases of fetal deformities, ruling that: Termination is impermissible after 120 days except in cases where the mother’s life is at confirmed risk. Termination is permissible before 120 days if the fetus has severe, untreatable deformities. The Council of Senior Scholars has adopted a more detailed approach, aligning with the three stages of pregnancy described above. These rulings provide a framework for addressing questions on this matter. Source ⤵️ https://saadalkhathlan.com/scientific-series/lessons/43583 ➡️@womensbenefits