Fatwa: 138

Category: fatwas about marriage


The question:

As it is necessarily known in religion, the blood money of a fetus is a female or male slave. It is fixed by scholars as the tenth of a free woman blood money. If the woman aborts her fetus, should she pay the blood money, and to whom? And is it the same that she aborts deliberately or by mistake?

Benefit us and may Allah bless you, because this phenomenon is widespread, and may peace and blessing be upon you.

The answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.

If the woman aborts the fetus by herself and intentionally kills it, without a considerable religious necessity and without the consent of her husband, then she incurs sin and should pay blood money and make an expiation(1) according to the soundest opinion of scholars. Moreover, she will not inherit from the fetus and should pay the blood money to its guardian who is the husband if he does not desist from it.

The perfect knowledge belongs to Allah عزَّ وجلَّ. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and Brothers till the Day of Resurrection.

Algiers, Rajab 12th, 1420H.
Corresponding to: October 27th, 1999.

(1) The expiation here consists in fasting two months consecutively. Translator’s note.

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