Fatwa's Insights - Kinship
The Legal Ruling On Terminating A Defective Foetus
THE 56TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2022
11 - 12 MAC 2022 / 8 - 9 SYA'BAN 1443H
THE LEGAL RULING ON TERMINATING A DEFECTIVE FOETUS
1. The ruling on terminating a foetus into which the soul has been breathed (after 120 days according to the majority of Islamic scholars) is prohibited, except in the following circumstances:
a) The existence of the foetus poses a threat to the mother's life based on confirmation by medical specialists in the relevant field.
b) Confirmation from medical specialists that the foetus concerned is incapable of surviving if born.
2. As for a foetus into which the soul has not yet been breathed (before 120 days according to the majority of Islamic scholars), numerous jurists (fuqaha) permit its termination if there exist compelling justifications, such as circumstances that impair the family's capacity to sustain life. This permission is conditional upon obtaining the consent of both spouses.
3. The mother or father is prohibited from undertaking any action that may cause harm or defect to the foetus. This includes the consumption of substances that are hazardous to the foetus.
4. A Muslim is prohibited from undertaking any action that may cause defect or harm to another person's foetus.
Approval of the Members of the Perlis State Fatwa Committee:
1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis
2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim – Deputy Mufti of Perlis
3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat
4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim
5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle
6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman
7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor
8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan
9. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar
10. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin
11. Sahibul Fadhilah Dr. Muhammad Lukman Bin Mat Sin
12. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary
Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 2/2022 on 24 March 2022.