I am married to my maternal cousin (daughter of my maternal aunt), and because of a hereditary disease that doctors cannot identify precisely, three daughters have been born to me, but each one was born sick with problems in the respiratory system, and died after a short time despite staying in the hospital, as the doctors were unable to treat them. Four years ago, Allah blessed me with a boy who was born naturally and does not suffer from any health problems, praise be to Allah. The doctors said that this hereditary disease affects females only and does not affect males. Is it permissible for me to try to choose the gender of the foetus and opt to have boys only who will not be affected by this disease? If pregnancy occurs and the foetus is found to be female, is it permissible to abort it?.
Praise be to Allaah.
If what the doctors said about this is confirmed, that this
is because of a hereditary disease that affects females but not males, and
it is not just speculation, then in this case there is nothing wrong with
aborting the foetus if it is female, on condition that this happens before
the soul is blown into it. The soul is blown into it after one hundred and
twenty days from the beginning of the pregnancy. But if the soul has
already been blown into it, then it is not permissible to abort it for
this reason, because now it has become a human being whose life is sacred
and it is not permissible to transgress against it.
This has been discussed in the answer to question number
12289.
With regard to choosing the gender of the foetus and opting
for a male, there is nothing wrong with that in this case, if the words of
the doctors are confirmed, as stated above. There is nothing wrong with
medical intervention and choosing the gender of the foetus (male), hoping
that he will be free from this disease.
The Islamic Fiqh Council has issued a statement concerning
the subject of choosing the sex of the foetus, the text of which is as
follows:
Praise be to Allah alone, and blessings and peace be upon the
one after whom there is no Prophet, our Prophet Muhammad, and upon his
family and Companions. To proceed:
The Islamic Fiqh Council belonging to the Muslim World
League, in its nineteenth session held in Makkah al-Mukarramah, 22-27
Shawwaal 1428 AH/3-8 November 2007 CE, examined the issue of choosing the
gender of the foetus. After listening to the research that was presented,
consulting specialists and a great deal of discussion,
The Council affirms that the basic principle for the Muslim
is to accept the will and the decree of Allah and to be content with
whatever children Allah blesses him with, whether they are male or female,
and he should praise Allah for that, as the choice of the Creator is best
for us, may He be glorified and exalted, chooses.
In the Holy Qur’aan there is criticism of the people of the
Jaahiliyyah for not accepting and being content with the child if it was
female. Allah says (interpretation of the meaning):
“And when the news of (the birth of) a female (child) is
brought to any of them, his face becomes dark, and he is filled with inward
grief!
59. He hides himself from the people because of the evil
of that whereof he has been informed. Shall he keep her with dishonour or
bury her in the earth? Certainly, evil is their decision”
[al-Nahl 16:58].
There is nothing wrong with a person wanting a child to be
male or female, based on the fact that the Holy Qur’aan refers to the
supplication of some of the Prophets asking that they be blessed with a male
child.
In the light of that, the Council has determined the
following:
Firstly:
It is permissible to choose the gender of the foetus by
natural means, such as following a certain nutrition plan, chemical washes,
and choosing times for intercourse according to the time of ovulation,
because these are permissible means and there are no reservations about
them.
Secondly:
It is not permissible to use any kind of medical intervention
to choose the gender of the foetus, except in cases of medical necessity
with regard to hereditary diseases which affect males but not females or
vice versa. In that case intervention is permissible, subject to established
shar‘i guidelines, so long as that is done on the basis of a committee of
specialist doctors consisting of no less than three doctors of good
character, who produce a medical report stating that the case calls for
medical intervention so that the foetus will not be affected by the
hereditary disease. Then after that, this medical report should be submitted
to the Department for Issuing Fatwas so that they may issue a ruling as they
see fit in that case.
Thirdly:
It is essential to establish “watchdog” committees that will
keep a close watch on hospitals and medical centres which carry out such
procedures in Muslim countries, so as to prevent any practices that may go
against the content of the report. In Muslim countries official bodies
should set up systems and guidelines to achieve this.
May Allah send blessings and peace upon our Prophet Muhammad
and his family and Companions. End quote.
[Link to the fatwa (in
Arabic):
http://www.themwl.org/Fatwa/default.aspx?d=1&cidi=168&l=AR&cid=12]
And Allah knows best.
