Assalam alaykum Shaykh,

A married couple is asking if abortion is a possibility due to the circumstances the fetus is in. They have seen two doctors, who said that the fetus has an abnormal head to body ratio. The spine is drooping. Heart and hands are not in their proper location. There is liquid in the brain. The spine is abnormal. Missing chromosomes. A genetic accident. Most likely won't carry the full 9 months and will have a miscarriage. And if it does carry the full 9 months, the baby might be born dead. There is no risk to the mother. But if it does live, severe deformity is a highly likely. Both doctors said the baby is in the 12th week (84 days). I would appreciate a speedy response before the 120 day mark of the fetus.

In the name of Allah, the Most Merciful, the Grantor of Mercy

All praise belongs to Allah, and may prayers and peace be upon Allah’s final Messenger.

As for the period between 40 days and 120 days, they differ whether it may be permitted to abort for a very significant cause like a major fetal deformity incompatible with normal life (that certainly doesn’t include the absence of some of the limbs or senses.) The majority of contemporary scholars would allow abortion for this reason during that period. It is also allowable I the Hanafi and Shafi’ee schools to have abortion in this period upon mutual agreement of both parents, (and according to some, it is up to the mother.) The mutual agreement of the father seems necessary unless the cause of abortion is the threat to the mother’s health.

Allah knows best. 

Related fatawa: 86483, 86641, 87026