The Legitimacy of Terminating a Malformed Fetus in Islamic Jurisprudence and Modern Medicine: A Comparative Analytical Study
DOI:
https://doi.org/10.52783/jns.v14.2347Keywords:
Fetal termination, Islamic jurisprudence, fetal anomalies, Islamic fiqh, modern medicine, abortionAbstract
This study examines the legitimacy of terminating a malformed fetus from the perspective of Islamic jurisprudential principles and modern medicine, in light of advancements in medical diagnostics that enable early detection of fetal anomalies. The research explores the Islamic rulings on abortion by reviewing the opinions of classical and contemporary jurists, as well as decisions from Islamic legal councils, while analyzing the ethical and legal frameworks governing the permissibility of fetal termination according to Islamic jurisprudence. Additionally, it discusses the medical stance on fetal malformations, their impact on maternal and fetal health, and medical advancements that contribute to making early termination decisions.
The study concludes that Islamic jurisprudence approaches the issue with caution. Some scholars permit abortion before the ensoulment stage (120 days) in cases of severe congenital anomalies that are deemed fatal, whereas abortion beyond this stage is prohibited except in extreme cases where the mother's life is at serious risk. The research recommends integrating contemporary medical advancements with Islamic jurisprudential reasoning to establish a balanced approach that serves both maternal and fetal interests.
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Al-Khatib, M. (2021). Abortion in the Hanbali school of jurisprudence: A systematic ethical approach. In Abortion: Global positions and practices, religious and legal perspectives. Springer. Retrieved from https://link.springer.com.
Amer, S., et al. (2019). Abortion—An Islamic perspective. Ethics, 32(1), 45-67. Retrieved from JBIMA.
Anwar, F. (2021). Abortion of Janīn (embryo+ fetus) due to human birth defects (anomalies): An Islamic view with special reference to Sharī ‘ah maxims (Qawā’id al-Fiqhiyyah). Hamdard Islamicus. Retrieved from http://hamdardislamicus.com.pk/index.php/hi/article/view/311
Crane, J. K., & Shapiro, G. K. (2024). Islamic Bioethics: Abortion. Oxford Research Encyclopedia of Religion. Retrieved from Oxford Research.
Hassan, F., & Albar, M. A. (2017). Islamic medical jurisprudence syllabus: A review in Saudi Arabia. Medical Journal of Malaysia. Retrieved from https://albayanres.com/library/book/download/1694951320.pdf.
Hassan, F., & Albar, M. A. (2017). Islamic medical jurisprudence syllabus: A Review in Saudi Arabia. Med J Malaysia. Retrieved from Albayan Research.
Ismail, M. F. M., et al. (2018). Islamic moral judgement on abortion and its nursing applications: An expository analysis. Enfermería Clínica. Retrieved from https://www.researchgate.net/publication/324373657.
Yusuf, H. (2022). When does a human fetus become human?. In Islam and Biomedicine. Springer. Retrieved from https://ocpe.mcw.edu.
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