Is it permissible to abort a fetus before 40 days of conception for a woman suffering from chronic kidney failure, knowing that her previous pregnancy led to a deterioration of her condition and she may need dialysis because of this pregnancy?

It is permissible to abort the fetus before forty days, and this is the view of a group of Hanafis, Shafi'is, and Hanbalis. Some jurists have restricted this permissibility to cases of necessity.

The resolution of the Council of Senior Scholars stipulated that it is not permissible to abort a pregnancy at any stage unless there is a legitimate justification and within very narrow limits. It also stated that if the pregnancy is in its first stage (less than forty days) and there is a legitimate benefit or a prevention of harm in its abortion: then it is permissible to abort it.

Furthermore, kidney failure and the effect of pregnancy on it are considered a valid excuse that permits the abortion of the fertilized egg, and even permits the abortion of the fetus before the ensoulment.