Subject : Initiating Measures that Lead to Abortion is Prohibited
Fatwa Number : 2885
Date : 13-03-2014
Classified : Medicine & seeking treatment
Fatwa Type : Search Fatawaa

Question :

My wife conceived after seven months from delivery. During the first three months, she tried to abort the embryo, then abstained from doing so. Eight months later, she gave birth to a deformed baby that lived only 70 days. What am I required to do from the view point of Sharia?

The Answer :

Praise be to Allah, blessings and peace be upon the Messenger of Allah and upon all his family and companions.

Abortion is forbidden during all the stages of the development of the embryo and whoever resorts to factors leading to such end is committing a grave sin and so, he/she must repent to Allah, ask for His forgiveness, give charity and do righteous deeds.

Neither Diyah (blood money) nor expiation is due unless the act has led to the immediate death of the embryo. In the aforementioned question, the embryo`s death has not occurred directly after taking the medication, but rather after seventy days from delivery which leads to the conclusion that there is another cause behind that. This is in addition to the fact that the medication itself was taken before the soul was breathed into the embryo. “

If the embryo was born alive and remained so for a period of time without experiencing any pains and died later on, the person who has led to that is not to blame, whether the pain resulting from the offence against the mother was removed or not before the abortion since it is evident that the embryo has died by another cause. If the embryo has died after delivery, or has moved a hand in contraction or extension, or experienced pain and died as a result of that, then Diyah (blood money) is due on whoever led to that.” {Mughni Al-Muhtaj (5/3700}.

The person who has submitted the above question must repent to Allah, ask for his forgiveness, but he is not obliged to pay Diyah or expiation. May Allah give you a great reward in the Hereafter. Ameen. And Allah knows best.



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