Abortion of Babies with Genetic Diseases

In Islam, abortion is primarily a prohibited sphere. However, as mentioned in an earlier post, prior to the period of four months (120 days) elapsing, it will become permissible if there is a legitimate and genuinely valid excuse. (Ibn Abidin, Radd al-Muhtar, 5/276).

These excuses are of two types:

1) Those that affect the mother. For instance:

a) The pregnancy constitutes a danger to the mother’s physical health,

b) It constitutes a danger to the mother’s mental health,

c) Pregnancy caused due to rape,

d) If a pregnant woman is severely crippled or suffers from a serious mental illness and is in no position to care for her self, then, if it is possible to give the child for caring or adoption after it is born, abortion is out of the question. However, if no such arrangement can be made, then an abortion will be permissible.

2) Those that affect the unborn child:

Many contemporary scholars have stressed that if medical examination determines that the child will be born with severe disabilities or will be inflicted with genetic diseases that will cause him relentless pains, and will be an undue burden for the parents, it will be permissible to abort the foetus, provided the four months have not yet elapsed.

This can be derived from the following text of Imam Ibn Abidin:

“(al-Haskafi’s statement “Abortion is permissible due to a valid reason”), for example, the milk of the pregnant mother ceased, and the father of the child is not in a position financially to hire a wet-nurse, and there is a fear of the child perishing, then they (fuqaha) have stated that it will be permissible to abort the pregnancy, provided the period of 120 days have not elapsed. This is permissible, as the foetus has not as yet developed into a human, and by aborting it, we are saving a human life.” (Ibn Abidin, Radd al-Muhtar, 5/276)

The same has been stated in al-Fatawa al-Hindiyya, [4/112], which is one of the most important fatwa references in the Hanafi School, as Shaykh Mustafa Zarqa mentions in his Madkhal.

However, it should be remembered here that there should be a certain danger and risk about this. Mere doubts will not justify abortion. Also, it must be advised by a qualified, God-fearing Muslim doctor. It would be better if this is decided by a team of specialists, rather than just the one person. One should consult with a reliable scholar to confirm the particulars of one’s case, for caution should be in all matters related to the lawful and unlawful.

And Allah knows best