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The question

What are the Sharia rulings that apply to an obstetrician regarding fetuses that die in their mothers' wombs due to unintentional negligence caused by difficult working conditions and lack of resources?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

An error is that which a person did not intend, and its perpetrator is not sinful, as Allah the Almighty says: "And there is no blame upon you for that in which you have erred, but [there is blame for] what your hearts intended." However, the one who committed the error must guarantee what resulted from it. If a fetus dies due to the negligence of a female doctor, she is liable for the blood money (diyah) if the human form was discernible in it after forty days. Its amount is a ghura (a male or female slave), and its value is five camels. The basis for the obligation of blood money is Allah the Almighty's saying: "It is not for a believer to kill a believer except by mistake. And whoever kills a believer by mistake – then liberaration of a believing slave and a compensation payment presented to his family, unless they should give [it up as] charity." As for the expiation (), it is fasting for two consecutive months, and it is safer to perform it. Each fetus has a separate expiation. If the death occurred due to a lack of resources or work conditions, the doctor is not liable, as he is only held responsible for his negligence and dereliction of duty.

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Original fatwa ID
93810
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