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Is the compensation for a head injury (ghurrah) to be paid by the 'aqilah (agnatic kin) or by the perpetrator?

1 min readAlso available in العربية

The term "Ghurra" (blood money for a fetus) refers to what is due as compensation for an offense against a fetus, which is a male or female slave. Jurists differ on who is liable for it:

Hanafis and Shafi'is: The Ghurra is obligatory upon the 'Aqilah (male relatives on the father's side responsible for paying blood money) within one year, and the perpetrator does not inherit anything from it. Hanafi elaboration: If a man strikes his wife's abdomen and she aborts a dead fetus, the Ghurra is upon the father's 'Aqilah. If a woman intentionally aborts herself without her husband's permission, the Ghurra is upon her 'Aqilah. If the husband permits it, or if she does not intend it, the sound opinion is that the Ghurra is also obligatory upon her 'Aqilah. Malikis: The Ghurra is obligatory from the perpetrator's wealth in cases of intentional killing, absolutely. In cases of accidental killing, if the amount reaches one-third of the blood money or more, it is upon his 'Aqilah. Hanbalis: The Ghurra is upon the 'Aqilah if the fetus dies along with its mother due to an accident or semi-intentional act. However, if the killing was intentional or if only the fetus died, it is from the perpetrator's wealth. What the 'Aqilah bears is due in deferred payments over three years. And whoever is liable for expiation, it is from his wealth, absolutely.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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