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Subject : What is Liable on Aborting a Four-Month Fetus Unlawfully?

Fatwa Number : 1930

Date : 13-11-2011

Classified : Eilaa' (a husband abstaining from having relation

Fatwa Type : Search Fatawaa

Question :

A four-month-pregnant woman underwent abortion without a lawful excuse. She did so because she didn`t want to have children at the time, and was given the green light by her husband. What is the ruling of Sharia on this?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may his blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
Sharia forbids abortion if the fetus is completely formed unless the mother`s life is at stake. Moreover, it is even more prohibited to abort the fetus if it is four months old and more.
Apparently, the above question indicates that abortion was undertaken for no lawful excuse. Therefore, it is a sin and those involved should seek Allah`s forgiveness and make repentance.
If the mother took a pill to abort her fetus then it is incumbent on her to observe fast for two continuous months, and to pay the Diya(Blood money) to the father, or the heirs in case the father was dead. The Diya is as much as the value of five camels.
If the abortion was conducted by a physician then he is obliged to pay the Diya and the Kaffarah(Expiation), and the mother is considered sinful and should make repentance , seeks Allah`s pardon and give charity.
However, if the guardian of the fetus has waived his right in Diya then the expiation is due on everyone involved in this act, be it the mother, the physician or anyone else. And Allah knows best.



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