What is the ruling on aborting a fetus in the fifth month because it is deformed and burying it outside of graveyards due to the high cost of graves in foreign countries?
First: It is not permissible to abort the fetus after four months, even if it is malformed.
Second: If a pregnant woman aborts her fetus after four months using medication or similar means, the diyah (blood money) is obligatory upon her by consensus, and expiation is required according to some. The diyah is a "ghurrah" (a male or female slave, and if not available, then five camels), and it is paid to the heirs of the fetus, excluding the killer. The expiation is the freeing of a slave, and if not available, then fasting for two consecutive months.
Third: If an instigator and a direct perpetrator are involved in the abortion, the liability falls upon the direct perpetrator because he is the actual killer.
Fourth: There is no harm in burying the fetus in a forest if it is difficult to purchase a grave for it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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