Aborting a Child Infected with AIDS

Details of Fatwa
Title of FatwaAborting a Child Infected with AIDS
Date of Reply23/Feb/2004
Topic Of FatwaFaith & Science/Medicine
Country Applied Canada
Question of FatwaAs-Salamu `alaykum. A Muslim couple were tested positive for AIDS. They want to have children so they asked physicians a question concerning the risk of giving birth to a child. They were told there is a risk that the child would have AIDS, but that risk would be lower if there was continuous follow-up during the nine month gestation period.

The question is: What is the Islamic ruling for a Muslim couple infected with the AIDS virus trying to give birth to a child knowing that this may result in giving birth to a child who is also infected. Also, is it permitted to abort a child infected with AIDS? May Allah bless you!
Content of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, the Most Gracious, the Most Merciful.

All praise and thanks are due to Allah, and may the peace and blessings of Allah be upon His Messenger.

Dear sister in Islam, we are very pleased about the great confidence you have placed in us and we commend your interest in obtaining a better understanding of the teachings of Islam and the rulings of this great religion that touches on all aspects of life. Indeed, Islam encompasses all matters that affect mankind and secures guidance and light for everyone.

As for your question, Shaikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

"I don't think it is haram (impermissible) for the couple who have been tested positive for AIDS to give birth to children, provided they take all the necessary precautions that are humanly possible to ensure the protection of their child.

It is no different from people suffering from other contagious diseases, and just as the latter are allowed to give birth to children, the former are also allowed to do so.

Concerning the question whether one is allowed to abort a child infected with AIDS, it is not allowed according to the consensus of scholars, after one hundred and twenty days from conception. Before this term, the degree of sin intensifies as the pregnancy progesses. During the first forty days it may be considered permissible, but afterwards, it is considered undesirable or sinful if there is no danger to the health of the mother. However, after one hundred and twenty days it is akin to murder."

Keep in touch. If you have any other question, don't hesitate to write to us.

Allah, the Almighty knows best.

Allah Almighty knows best.


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