Abortion of Janīn (embryo+foetus) due to Human Birth Defects (Anomalies) - An Islamic View with Special Reference to Sharī‘ah Maxims (Qawā‘id al Fiqhiyyah)

Authors

  • Dr. Fahd Anwar aiou

Keywords:

Abortion, brth defects, Fiqh, shariah maxims, qawaid

Abstract

The issue of aborting the embryos and foetus having anomalies is different from that of without anomalies. As the issue is new, so naturally the opinions of scholars differ from each other in sharī‘ah status of aborting such a foetus. This article attempts to search out the better opinion in the light of the primary sources of sharī‘ah and the research of the earlier scholars with special reference to Sharī‘ah Maxims (Qawā‘id al Fiqhiyyah). Most of the scholars agree that the life begins after the spirit is blown in the developing human and this time is believed to be after the hundred and twenty days of fetal life. Aborting the foetus having congenital anomalies before this time will therefore have a different status from the abortion after this time. But, still the developing embryo or foetus possesses the dignity and respect as it is going to become a full-term human being. The opinion of allowing the abortion of a janīn (foetus/embryo) in case of severe anomalies only, before the spirit is blown, is preferable. Sharī‘ah Maxims (Qawā‘id al Fiqhiyyah) are an important tool for deriving the religious rulings for the issue of abortion of malformed foetus. These maxims were discussed under the theme of article and their applications on the issue being discussed. This study will help in understanding the role of Sharī‘ah Maxims in establishing the religious rulings of aborting the embryos and foetus having anomalies

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Published

2021-12-31

How to Cite

Dr. Fahd Anwar. (2021). Abortion of Janīn (embryo+foetus) due to Human Birth Defects (Anomalies) - An Islamic View with Special Reference to Sharī‘ah Maxims (Qawā‘id al Fiqhiyyah). Hamdard Islamicus, 44(4). Retrieved from https://hamdardislamicus.com.pk/index.php/hi/article/view/311