#359: Ruling on Nursing a Child born from Rape
“So suppose the pregnancy was carried to term who should cater for the child and whaRt would it bear.”
ANSWER
Alhamdulillaah! Concerning the child that was born out of wedlock, we answered that the foetus must not be aborted.
However, we made a slight mistake in our previous fatwa relating to this matter as we supposed the foetus to be that of Zina and not of rape.
Generaly, regarding abortion, the Ulamaa make two distinctions:
1. If the pregnancy is less than 120 days.
In this case, they differed on the permissibility of aborting it. The sound verdict in this regard about which there is no doubt is that it is permissible to abort it if the pregnancy was conceived out of rape and it is feared that there will be no means to take care of the child and the distress that will be attached to the mother and her family will be greivous and unbearable.
2. That the pregnancy is more than 120 days old.
Here, there is a consensus in the impermissibility of aborting such a pregnancy.
As regards who will take the burden of the child’s tarbiyya if the child is born, it is his mother who bore him.
The child has no fault in what happened. If she decides to keep the child in a nursing home, then she should follow up the child’s welfare.
May Allāh save us from the misfortune of rape, aameen.
Generally, about abortions, we have answered a question in details on this podium on that matter before. Please refer to it.
Allāhu A’alam
Bārakallāhu Fīkum.
Jazākumullāhu Khayran
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