What is the blood money (diyah) for an aborted fetus, and to whom is it paid if the father is unknown, and the mother participated in the abortion, and the mother of the aborted girl also participated in the sin? And how is this blood money estimated in contemporary Egypt? And when does the blood money for a fetus become obligatory? And does the blood money suffice for expiation (kaffarah), or are both necessary? And to whom is the child attributed if born without knowledge of his father?
The blood money (Diyah) for the fetus becomes obligatory if human features are discernible in it, even if subtle. It is not obligatory if there are no discernible features. Its amount is one-tenth of the mother's Diyah. It is recommended to pay expiation () along with the Diyah. The Diyah is incumbent upon whoever directly caused the miscarriage. If it was the doctor, then it is upon him. If the mother administered the medication herself, then it is upon her. The Diyah is paid to the heirs of the fetus, but anyone who participated in or caused the miscarriage does not inherit from it. If the fetus has no heirs, then the Diyah is either given to the maternal relatives (Dhawi al-Rahim) or to the public treasury (Bayt al-Mal). A child born out of wedlock is attributed to its mother and her family.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 160940
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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