What is the religious ruling on performing an early Caesarean section – which led to the death of the fetus – based on a medical diagnosis confirming that it has a fatal disease, and what is the expiation required for repentance from this act?
Abortion after the ensoulment is by consensus, unless it poses a real danger to the mother's life or the fetus dies in her womb. It appears that the questioner's case did not involve either of these reasons, but we hope she is not sinful due to her ignorance and her belief that abortion was permissible.
Abortion necessitates a Diyah (blood money) and a (expiation): - If the fetus is separated dead, its Diyah is a Ghurrah (a male or female slave equivalent to one-tenth of the mother's Diyah). As for the obligation of Kaffarah (freeing a slave or fasting for two consecutive months), there is a disagreement among scholars. - If the fetus is separated alive and then dies, it entails Diyah and Kaffarah according to everyone. - Kaffarah is obligatory on everyone who participated in the abortion. As for the Diyah, its beneficiaries are the fetus's heirs who are not the perpetrator, and their right is waived by their relinquishment. - If the husband participated in the abortion or authorized it, the Diyah is waived and not obligatory.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 168191
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy