What is the ruling on a man who kicked his pregnant wife in her stomach, causing her to miscarry her fetus in its fifth month, after he had said to her: "You are divorced"?
Scholars have unanimously agreed that the waiting period () for a pregnant divorcee ends upon delivery. Therefore, if a woman miscarries her fetus in which human features are discernible (after 80 or 90 days), her iddah concludes with that. The husband does not have the right to reconcile with her after the iddah has expired except through a new contract, mahr (dowry), a guardian, and two witnesses.
The man who deliberately caused the miscarriage is liable for two things: 1. Expiation for accidental killing: This is the freeing of a believing slave; if he cannot find one, then fasting for two consecutive months. 2. Blood money (diyah) for the fetus: This is one-tenth of the diyah of its mother (currently 6000 Saudi Riyals), to be paid to the heirs of the fetus. The father does not inherit anything from it because he is the perpetrator.
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