Is it abortion by curettage permissible if the woman has been raped or if there is a risk of disabled birth?

The Details of the Question
Is it abortion by curettage permissible if the woman has been raped or if there is a risk of disabled birth?
The Answer

Dear Brother / Sister,

Although there are some scholars who say "Abortion is permissible if an illegitimate fetus has not been formed, that is, before it has been given a spirit.” (Halil GÜNENÇ, Günümüz Meselelerine Fetvalar II. 327), there are other scholars who say that the fetus cannot be aborted and that it is never permissible. The baby has no fault even if it is a product of fornication. As a matter of fact, according to Islamic fiqh, a married woman who has committed fornication and who is sentenced to death cannot be executed if she is pregnant. That is, the baby cannot be killed.

The mother is not responsible if a child is born as a result of rape because the mother and the child are innocent. The woman and the mother cannot be blamed for it by any means. The crime and responsibility belong to the person who raped.

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