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An Islamic Legal Perspective on the Status of the Malformed Fetus and the Previable Infant

Saleh Al-Alaiyan

Congenital anomalies contribute a significant proportion of infant morbidity and mortality, as well as fetal mortality. To date, there are more than 4,000 known birth defects. Antenatal diagnosis through recent advances in ultrasound and prenatal testing is important to make an informed decision of whether to continue or interrupt a pregnancy. Studies in Europe and North America show that termination rates following antenatal diagnosis of a malformation are common across these countries. Late termination of pregnancy for fetal abnormality is permitted on differing grounds in different countries, depending on the type of malformation, gestational age at diagnosis and abortion legislation. The decision to terminate an affected fetus may be influenced by a variety of factors, such as the country’s laws and health system, as well as the parental level of education, socioeconomic status, and religious and cultural beliefs. Advances in the technological and clinical care of preterm infants have led to improved survival rates for extremely low birth weight infants, but significant morbidity and disability persist. Physicians and parents have to make difficult decisions, often within a short time of birth, about whether to resuscitate and give intensive care to neonates born at ≤25 weeks’ gestational age. The decision to remove life-sustaining care from a critically ill baby is difficult and often distressing for parents and health care providers. This mini-review considers religious and ethical aspects of such decisions in the context of Islamic law.