What is incumbent upon a couple who have عقد شرعي (valid Islamic marriage contract) and engaged in intercourse before the Dukhool (consummation ceremony), then the wife became pregnant and aborted the fetus to conceal the scandal?
If the legal marriage contract has been concluded, it becomes permissible for the husband to enjoy his wife, even through intercourse. However, it is preferable to refrain from intercourse until the consummation (al-dukhool) to prevent any accusations. A pregnancy after the marriage contract is a legitimate pregnancy, and it is not permissible to abort it unless it is proven that the mother will suffer harm. Otherwise, it is a sin, an act of corruption, and a destruction of offspring. As for after the ensoulment (120 days), aborting it is killing a soul, and two things are required: the diyah (blood money, which is the value of one-tenth of a human's diyah), and (expiation, which is fasting for two consecutive months), along with sincere repentance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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