Thursday, November 23, 2017 - 4 Rabi' al-Awwal 1439

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Attempt to abort a fetus who died 70 days after delivery

My wife tried to abort the fetus, 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 view point 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 the Almighty, ask for His forgiveness, give charity and do righteous deeds. Neither diyah [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 person who submitted the above question must repent to God the Almighty and ask for His forgiveness, but he is not obliged to pay diyah or make expiation. May God give you a great reward in the Hereafter, ameen.
And God the Amighty knows best.
 

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