Islamic Ruling on Causing a Miscarriage New

The Ruling and Expiation (Kaffara) for Causing a Miscarriage in Islam

Assalam Alaikum wa Rahmatullah wa Barkathu!

Question:

A Muslim woman who was 7-8 months pregnant, due to a domestic dispute, inflicted harm upon her own body to the extent that she hit her own abdomen with her hands while she was pregnant. Two or three days later, she gave birth to a stillborn child. The husband’s testimony is that the child died in the womb because of her hitting herself.

Now, what is the ruling for this woman? Should she repent? What expiation (kaffara) must she perform for this mistake? Please provide a solution to this issue in the light of the Qur’an and Hadith. May Allah reward you with good.

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Wa’alaykum Assalam wa Rahmatullahi wa Barakatuh.

Ruling from Sheikh Saleh Al-Fawzan (may Allah preserve him):

First:

Abortion is not permissible. Therefore, if a pregnancy has occurred, it is obligatory (wajib) to protect and care for it. It is forbidden (haram) for the mother to cause any harm or distress to the pregnancy in any way, because Allah the Almighty has placed this as a trust in her womb. The fetus also has rights, so it is not permissible to mistreat it, harm it, or destroy it.

Furthermore, there are clear legal proofs (in Shari’ah) for the prohibition of abortion. And having a natural birth without a C-section is not a valid reason to permit an abortion. In fact, many women give birth via C-section, so this cannot be an excuse for abortion.

Second:

If the soul has been breathed into the fetus, and it is aborted after it has started moving and the baby dies, this will be considered the killing of a soul. The woman who performs the abortion is liable for expiation (kaffara), which is: to free a slave. If she cannot find a slave, then fasting for two consecutive months will be considered her repentance. This applies when the pregnancy has exceeded four months, because the soul is breathed into it at that time. Therefore, if she aborts after this period, she is required to pay the expiation, as we have explained. This is a very serious matter, and it is not permissible to be negligent or lazy about it.

If she cannot bear the pregnancy due to an illness, she should use contraceptives before becoming pregnant. For example, she could use pills that prevent pregnancy for a certain period, so that her health and strength can be restored during that time.

See: Al-Muntaqa ( 5 / 301 – 302 )

The Committee of Senior Scholars was asked:

What is the ruling on abortion in the early months (one to three months) and before the soul is breathed into the baby?

The Committee of Senior Scholars issued the following decision:

Abortion is not permissible at any stage, except for a legitimate Shar’i reason and within very narrow limits.
When the pregnancy is in its first stage, which is forty days, and there is a legitimate Islamic benefit (maslaha) in the abortion or if it is intended to prevent a greater harm, then abortion is permissible. However, it is not permissible to have an abortion during this period due to reasons such as the hardship of raising children, the fear of not being able to provide for their livelihood and expenses, concerns about their future, or the husband and wife being content with the number of children they already have.
When the fetus is an ‘alaqah’ or a ‘mudghah’ (i.e., the second and third forty-day periods), abortion is not permissible. However, if a medical board decides that the continuation of the pregnancy is life-threatening for the mother and poses a risk to her safety, then abortion will be permissible only after all means to manage these risks have been utilized and have proven ineffective.
After the third stage of pregnancy and the completion of four months, abortion is not permissible. However, if experienced and expert doctors decide that the baby’s presence in the mother’s womb could cause the mother’s death, and all means to save her life and safety have been employed, abortion becomes permissible in this situation. Permission for abortion under these conditions is given to prevent the greater harm and to achieve a greater benefit.

Source: Fatawa Al-Jami’ah ( 3 / 1056 )

Sheikh al-Islam Ibn Taymiyyah (may Allah have mercy on him) was asked the following question:

A man told his wife, “Abort your pregnancy, its sin is upon me.” If she follows his word and does it, what expiation (kaffara) is obligatory upon them both?

The Sheikh (may Allah have mercy on him) answered:

If the wife does this, the expiation for both of them is to free a believing slave. If they cannot find a slave, they must fast for two consecutive months. They are also both liable to pay the diyah (blood money) of a male or female slave to the heirs of the fetus, excluding the one who ordered the killing. The father is not entitled to anything because he ordered the killing.

In the case in question:

Provided the question is accurate, the aforementioned woman caused the death of the child. A woman is well aware of the sensitivity of the fetus in her womb. She knows that a blow from her strong hands can easily kill the tiny life developing within her womb, which is much more vulnerable. If the soul has been breathed into the fetus, and it is aborted after it has started moving and the child dies, it will be considered the killing of a soul. Despite this, the pregnant woman mentioned in the question struck her abdomen, which caused the child’s death. Therefore, this is intentional murder (qatl-i-‘amd), for which the expiation is upon the woman. She must sincerely repent to Allah the Almighty, free a believing slave, and if she is unable to do so, she must fast for two consecutive months. The fasts must be consecutive. If her menstruation occurs during the fasting period, she should pause the fasts and, after purification, resume from where she left off due to menstruation.

This, and Allah the Almighty knows best, and His knowledge is most complete and perfect. Returning knowledge to Him is safest. Thanks and prayers are for the one who alerted, guided, and corrected. May Allah’s peace and blessings be upon our Prophet Muhammad and his family.

Wa-Assalamu Alaykum wa Rahmatullahi wa Barakatuh.