Thursday, January 20, 2022 - 18 Jumada al-Akhirah 1443

Subscribe to our mail list

Failed attempt to abort a fetus that died after delivery

During her pregnancy, my wife tried to abort the fetus and then abstained from doing so. After eight months, she gave birth to a deformed baby that lived for 70 days. What am I required to do from the viewpoint of Islamic law?

Answer

Abortion is forbidden during all stages of fetal development. Whoever attempts to terminate a pregnancy commits a grave sin and must consequently repent to God Almighty, ask for His forgiveness, give charity and do righteous deeds. Neither diyyah (blood money) nor expiation is due unless it is the procedure itself that leads to the immediate death of the fetus.

In the aforementioned question, the fetus`s death was not caused directly by the medication but occurred seventy days after its birth. This leads us to conclude that there is another cause behind its death. In addition, the wife took the medication before ensoulment.

The mother must repent to God Almighty and ask for His forgiveness, but is not obliged to pay diyyah or make expiation.
And God Almighty knows best.