Is blood money obligatory for a fetus that was aborted after 120 days of its life, due to complete malformation, and based on the fatwa of a Muslim doctor permitting its abortion to prevent harm to the mother?
If the fetus is aborted after the ensoulment (after 120 days), then it is not permissible to abort it unless its continued presence poses a certain danger to the mother's life. However, before ensoulment, abortion is permissible if it is proven by a medical committee report that the fetus has severe and incurable deformities, based on the parents' request.
Since the abortion occurred after ensoulment, the expiation for killing is obligatory, which is fasting for two consecutive months, or feeding sixty needy people in case of permanent inability. The blood money (diyah) for the fetus is not obligatory because the abortion was done with the husband's consent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 163143
- 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