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Ruling on abortion of a deformed fetus

Question

Asalamalykum , on 11 august 2013 my sister aborted 5month twin pregnancy,both the fetus was in one placenta. fetus 1(female) was having omphalocele (liver & stomach herniation noted trough large anterior abdominal wall defect.fetus 2(male)having problem in both the kidneys.fetus 1 growth was becoming slower day by day ,doctor told that fetus 1 growth can stop at any time that may be dangerous to to my sister life .under certain curcumstances my sister got aborted ,now she is feeling guilty and wants to know what she has to do so that allah will forgive her & her husband.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Muslim scholars agreed that it is prohibited to abort the fetus after the soul has been breathed into it and completing four months. Ibn Juzayy  may  Allaah  have  mercy  upon  him said: “When the womb receives the sperm, it is prohibited to endanger it. It is worse (to do so) when it (the fetus) has been formed; and it is even worse when the soul has been breathed into it, for that is considered as killing a soul, according to scholarly consensus.

Accordingly, it is not permissible to abort the fetus after 120 days since conception except in the case of its death or if there is a definite danger to the life of the mother as some contemporary scholars say. In that case, it is permissible to abort it. As for its deformation, its slow growth or the possibility of causing harm to the mother if it remains in her womb, then all such things do not allow aborting it. For more benefit, kindly refer to Fatwa 89089.

In case abortion is not permissible, Diyah (blood money) is obligatory for each fetus on the one who did the abortion. It is to free a male or female slave. If that is not available, then its value in money has to be what equals five camels. Some scholars view that the expiation of killing is obligatory for each fetus on the one who did the abortion. For more benefit, please refer to Fataawa 128722 and 102388.

Allaah Knows best.

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