Summary of Rulings on Abortion, Foetal Reduction and the Issue of Excess Fertilized Eggs
[compiled by Dr. Md. Habeeb Haris]
First of all it should be clear that Abortion of any pregnancy is not allowed without a valid Shara’i reason.
Abortion Before Ensoulment (120 Days of Conception)
It is permissible only if there is a valid shara’i reason- which may be of two types:
First is related to the foetus itself. For example, significant foetal anomalies, hereditary diseases, etc., are the reasons on account of which abortion is permissible.
However, this same ruling cannot be applied to the situation after ensoulment (120 days of conception).
Second type are those which pertain to the mother. For example, there is a risk to her life due to the pregnancy or delivery, or she cannot look after the child because of her mental or physical disability/ disease and there is no other person in the family who can take care of the child, or she has got pregnant by rape. In all these cases abortion is permitted before ensoulment.
Abortion After Ensoulment (120 Days of Conception)
If the health of the woman deteriorates badly or the expert doctors say that the mother would die if abortion is not done, then it would be allowed to get it aborted even after 120 days of pregnancy, to save the life of the woman. There is a rule that major harm should be avoided in comparison with lesser harm. Here, loss of the life of the woman is a major harm and abortion of the foetus is a minor harm. Following this rule, abortion would be allowed to save the health and life of the mother. (from ‘Jadeed Tibbi Masail’ of Mufti Abu Bakar Qasmi)
Foetal Reduction in Multiple Pregnancy
Reduction of excess foetuses in multiple pregnancy also comes under abortion. But continuation of these multiple foetuses may lead to miscarriage, resulting in the death of all the foetuses or permanent disabilities for them. So, the scholars have said that this constitutes a legitimate Shara’i excuse that allows her to abort the foetuses that exceed the expected number, such as two, or as decided by specialist doctors. So it will be allowed because of the medical need. However, the doctors should make all efforts to avoid fertilising multiple eggs more than the necessary number to prevent/minimise the need of foetal reduction later. (see https://www.islamweb.net/ar/fatwa/123806/حكم-إسقاط-الأجنة-الزائدة-في-عملية-التلقيح-الصناعي )
Excess Fertilized Eggs - The Fatwa of International Islamic Fiqh Academy under the OIC [Resolution No. 55 (6/6)]
First: In the light of the scientifically established possibility of preserving non-fertilized eggs for future use, only the number of eggs required each time for insemination must be fertilized to avoid the existence of surplus fertilized eggs.
Second: If a surplus of fertilized eggs exists in any way, it shall be left with- out medical care until the life of this surplus ends naturally.
Third: It is prohibited to inseminate fertilized eggs into another woman. Precautionary measures must be taken to prevent the use such fertilized eggs in this unlawful pregnancy.
Indeed, Allāh is All-Knowing.
