What is the ruling of Islamic law on abortion after four months without a legitimate Sharia reason, and is this considered as killing a soul, as mentioned in Surat At-Takwir, and what is the expiation for one who commits it or assists in it, and is sincere repentance sufficient in this case?
Abortion after the ensoulment is by consensus because it is an unlawful killing of a soul. If the fetus is stillborn, its blood money (Diyya) is a Ghurrah (a male or female slave), whose value is one-tenth of the mother's Diyya. The expiation for killing is also due, according to the more preponderant opinion (among the Shafi'is and Hanbalis). However, if it is born alive and then dies, both the Diyya and expiation are due, according to all scholars.
Whoever assisted in the abortion by providing medication or guiding to it must sincerely repent for cooperating in sin and aggression. As for the one who directly performed the abortion, he or she must repent, participate in the Diyya (Ghurrah), and expiation is incumbent upon him or her, which is freeing a believing slave; if none is available, then fasting for two consecutive months.
The belief that the expiation for abortion is killing is incorrect. The fetus aborted through abortion is not the "Maw'udah" (female infant buried alive) mentioned in the Quran. The "Maw'udah" refers to the female infants buried alive by the people of Jahiliyyah (pre-Islamic era).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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