Islamic Ruling on Abortion, Diyah, and Kaffara

The Islamic Perspective on Abortion: Understanding the Rulings on Diyah and Kaffara

Today, the value of human life seems to be less than that of a carrot or radish. This is why serious crimes like murder have become trivialized. There are no strict measures against the murderers, and often they are even supported. This support is not just from the general public but also from the courts and legal systems. Seeing a murderer walking freely in public encourages others to engage in violence as well. As a result, society is now plagued with bloodshed and violence, and human dignity is in jeopardy. The laws of the government and the courts remain mere decorations on paper.

The connection of the above introduction to the subject is that abortion of a child in the mother’s womb is also a serious crime akin to murder, and in fact, it is even more horrific than murder. This is a cruel act, similar to the burial of daughters alive during the pre-Islamic era. On the Day of Judgment, all those who have committed murder, assisted in it, shed innocent blood, aborted pregnancies, or buried children alive will be questioned.

Abortion has now become a trivial matter, with neither doctors feeling shame in performing abortions nor couples being deterred. The law of the time seems to be deaf and blind. In these troubled times, only Allah can guide people. Allah has prohibited the killing of children due to fear of poverty, and today, many abortions are being carried out for this very reason. To be a Muslim means to be obedient and submissive to Allah. If we are truly Muslims, the protection of the child in the mother’s womb is the responsibility of the parents. It is Allah’s trust, and to harm or destroy it is a betrayal of trust and a form of human murder.

A pregnancy is a life, and as the pregnancy progresses, the creation of the child develops. After the first forty days of pregnancy, the second forty-day period begins, during which the initial stages of human creation take place. The Prophet (peace be upon him) said:
إذَا مَرَّ بالنُّطْفَةِ ثِنْتَانِ وَأَرْبَعُونَ لَيْلَةً، بَعَثَ اللَّهُ إلَيْهَا مَلَكًا، فَصَوَّرَهَا وَخَلَقَ سَمْعَهَا وَبَصَرَهَا وَجِلْدَهَا وَلَحْمَهَا وَعِظَامَهَا(صحيح مسلم:2645)
Translation: When the sperm has passed forty-two nights, Allah sends an angel to it, who shapes it and creates its hearing, sight, skin, flesh, and bones.

It is also reported in Sahih Muslim that after 120 days (i.e., four months), the soul is breathed into the fetus. The Prophet (peace be upon him) said:
إنَّ أَحَدَكُمْ يُجْمَعُ خَلْقُهُ في بَطْنِ أُمِّهِ أَرْبَعِينَ يَوْمًا، ثُمَّ يَكونُ في ذلكَ عَلَقَةً مِثْلَ ذلكَ، ثُمَّ يَكونُ في ذلكَ مُضْغَةً مِثْلَ ذلكَ، ثُمَّ يُرْسَلُ المَلَكُ فَيَنْفُخُ فيه الرُّوحَ(صحيح مسلم:2643)
Translation: Indeed, the creation of each one of you is gathered in the womb of his mother for forty days, then it becomes a clot of blood for a similar period, then it becomes a lump of flesh for the same period, and then an angel is sent to breathe the soul into it.

From these hadiths, we understand that the fetus goes through four stages of development before becoming fully formed. In the first stage, which lasts for forty days, the sperm undergoes various changes. This stage is known as “Nutfah.” After the second forty days, the sperm transforms into a clot of congealed blood, referred to as “Alaqah.” In the third stage (another forty days), the clot turns into a lump of flesh, known as “Mudghah.” After these three stages, the fetus begins to show signs of organs, and after four months, the body parts appear, and the soul is breathed into it.

From these teachings, we learn that once a pregnancy occurs, the process of creation continues, and it is forbidden to abort the fetus at any stage without a valid reason. Some scholars have mistakenly stated that abortion can be done within the first forty days without a reason. However, the correct view is that abortion is not permissible at any stage without a valid excuse, whether it is in the early, middle, or later stages, especially after the forty-two days, when the fetus starts developing facial features, and after 120 days, when the soul is breathed into it.

If a woman has aborted her pregnancy deliberately, either on her own or influenced by her husband or another person, she must immediately repent to Allah, seek forgiveness, and make sincere supplications, as this act could lead to her ruin. True repentance may lead to forgiveness from Allah.

Now, the question arises: if a woman has aborted her pregnancy intentionally without a valid reason, does she need to pay a Kaffara (expiation) in addition to repenting?

The answer to this question is that if the abortion occurs in the first stage (the first forty days), then only repentance and seeking forgiveness are required. However, if the abortion happens after the second stage (42 days), but before the soul is breathed into the fetus, the woman is required to pay a Diyyah (blood money), because at this stage, the fetus has begun to develop human features, as confirmed by the hadith in Sahih Muslim. The evidence for this Diyyah comes from the following hadith:
عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَضَى فِي امْرَأَتَيْنِ مِنْ هُذَيْلٍ اقْتَتَلَتَا، فَرَمَتْ إِحْدَاهُمَا الأُخْرَى بِحَجَرٍ، فَأَصَابَ بَطْنَهَا وَهِيَ حَامِلٌ، فَقَتَلَتْ وَلَدَهَا الَّذِي فِي بَطْنِهَا، فَاخْتَصَمُوا إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَقَضَى: أَنَّ دِيَةَ مَا فِي بَطْنِهَا غُرَّةٌ عَبْدٌ أَوْ أَمَةٌ، فَقَالَ وَلِيُّ المَرْأَةِ الَّتِي غَرِمَتْ: كَيْفَ أَغْرَمُ، يَا رَسُولَ اللَّهِ، مَنْ لاَ شَرِبَ وَلاَ أَكَلَ، وَلاَ نَطَقَ وَلاَ اسْتَهَلَّ، فَمِثْلُ ذَلِكَ يُطَلُّ، فَقَالَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «إِنَّمَا هَذَا مِنْ إِخْوَانِ الكُهَّانِ»(صحيح البخاري:5758)
Translation: Abu Huraira (may Allah be pleased with him) reported that the Messenger of Allah (peace be upon him) ruled in the case of two women from the tribe of Hudhayl who fought, one of whom struck the other with a stone, causing her pregnancy to end. When the case was brought before the Prophet (peace be upon him), he ruled that the Diyyah for the unborn child was a “Ghurrah” (a male or female slave).

If the abortion occurs between 42 days and 120 days, then the woman must pay Diyyah, which is called “Ghurrah” (a male or female slave). This is equivalent to one-tenth of a man’s Diyyah, which is five camels. According to Sheikh Ibn Baz (may Allah have mercy on him), the Diyyah of a man is 100 camels, and the woman’s Diyyah is half that amount, i.e., 50 camels. Thus, one-tenth of the Diyyah of a woman is five camels. Today, the price of Diyyah is approximately 100,000 Riyals, so one-tenth would be 5,000 Riyals.

This Diyyah will be divided among the heirs of the fetus. However, the killers of the fetus, whether the parents or anyone else involved, will not receive a share, as the Prophet (peace be upon him) said:
ليس للقاتلِ شيءٌ، وإن لمْ يكن لهُ وارثٌ، فوارثهُ أقربُ الناسِ إليه، ولا يرثُ القاتلُ شيئًا(صحيح أبي داود:4564)
Translation: The killer does not inherit anything, and if the killer has no heirs, then the closest relatives inherit, but the killer will not inherit anything.

If the abortion occurs after the soul is breathed into the fetus, then in addition to Diyyah, Kaffarah (expiation) will be required, which means either freeing a Muslim slave or fasting for two consecutive months. The heirs of the deceased fetus can forgive the Diyyah, but the Kaffarah cannot be forgiven, as it is an obligation from Allah.

Allah says in the Qur’an:
ومن قتل مؤمنا خطأ فتحرير رقبة مؤمنة ودية مسلمة إلى أهله إلا أن يصدقوا (النساء:92)
Translation: Whoever kills a believer by mistake, must free a believing slave and pay Diyyah to the heirs of the deceased, unless they forgive voluntarily.

Finally, I urge Muslim women not to imitate Western culture or, in the pursuit of wealth or education, commit the sin of killing innocent children. Remember, Allah is the Provider of sustenance. Just as He provides for you, He will provide for the child as well. If you act selfishly and continue to abort pregnancies, it is possible that the child’s sustenance will be taken from your own provision, trials will increase in your life, and you will face painful punishment in the Hereafter for the crime of killing the innocent child. May Allah protect and grant safety.