إجهاض الجنين المشوه وآثاره: دراسة فقهية

Abstract EN

Praise be to God, Lord of the Worlds, and prayers and peace be upon our Prophet Muhammad and all his family and companions.

This is a summary of a research entitled “Abortion of the distorted gene and its effects, a jurisprudential study.” The importance of this topic comes from its relation to one of the five necessities, which is the preservation of the self, and the fetus, which is the beginning of every human being.

For this reason, the fetus has been defined by the jurists through different concepts, but the jurisprudential rulings often relate to what shows the creation of the human being or the soul is breathed into him, where the fetus passes through several stages and each phase has its provisions.

In this research, I dealt with what is related to the deformed fetus because of its exposure to any kind of disease or defect in its hereditary and leads to the damage of some of its physical or mental organs for any reason.

The difference with the previous jurists regarding the abortion of the fetus at this stage is that it is permissible to abort if the deformity is real and cannot be cured, and trustworthy doctors have asserted that as decided by the Islamic Fiqh Academy.

But if it is after the soul has been breathed into the fetus, it is not permissible to abort.

This is because it has become human and has its sanctity, and the perpetrator is punished, contrary to if the fetus is dead and manifests signs of creation of a human being.

The research also dealt with the possibility of benefiting from the organs of the deformed fetus after its miscarriage, whether by benefiting from that in scientific experiments or medication.

Jurists disagreed following whether the fetus is dead or alive when it comes out of its mother’s womb.

It is said to be accepted if the conditions are met.

Doctors and researchers must also conduct studies and research the causes of fetal malformation and treat this before it occurs or after the malformation occurs so as not to resort to abortion.

God grants success ,,,, And may God’s prayers and peace be upon our Prophet Muhammad and all his family and companions.