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What is entailed for one who, in a fit of rage, fought, leading to the miscarriage of her fetus in the fourth month, and the hospital requests its burial?

1 min readAlso available in العربية

The means of abortion are numerous and are classified as positive and negative, and there is no effect to their difference. If a woman causes her fetus to be aborted by her own action, such as taking medicine or lifting a heavy object, she is liable for it. If the questioner did not intentionally abort the fetus, and the aforementioned quarrel does not usually cause abortion, then she is not liable for anything. However, if it usually causes it, then expiation is obligatory upon her, which is freeing a slave or fasting for two consecutive months. As for the blood money (diyya), it is borne by the 'Aqila (male agnates) according to the Hanafis and Shafi'is, by the woman according to the Malikis, and by the perpetrator in intentional cases and by the 'Aqila in unintentional cases according to the Hanbalis. It is a ghura (a male or female slave), and its value is one-half of one-tenth of the full blood money, whether the fetus was male or female, and this is if the fetus was stillborn. However, if it was born alive and then died, then full blood money is required.

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Ftawy
Original fatwa ID
100167
Imported
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Source text, unreviewed
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