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Attacking The Fetus by Abortion | Shaykh Muhammad 'Ali Ferkous

The Question:
I am an old woman. When I was young, I attacked my fetus by aborting him after a period [of gestation]. I do not remember if it was three or four months. This is still tormenting me night and day. So, could you give me a solution to my problem or guide me and free me from the anxiety that I am suffering from? May Allah reward you.

The Answer:
All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.

As a rule, abortion is forbidden and prohibited, because it constitutes an attack on an existing and produced being. Such an act is considered as a crime in the first stages of the fetus existence. This crime becomes more odious if the fetus has a soul and a perfect creation. Therefore, if the crime is committed – after that the fetus reaches the fourth month, that is to say, one hundred and twenty days and that we make sure that he moves in the womb of his mother - be it intentionally or by mistake, this will be an attack against him, and implies an expiation as Allah’s right and blood money as human’s right.

The expiation consists in freeing a believing slave. And whoever does not find a slave to free him, then he has to fast two months consecutively. But, if he cannot fast either, he remains in charge of doing it according to one of the opinions of the scholars, or he has to feed sixty poor persons according to the other opinion. If he cannot, he remains in charge of doing it until he will be able to do it. Besides, menses do not interrupt the consecution of the woman’s expiation fasting.

As for the blood money, it is the mother who is in charge of paying it from her money. [In this case] it is estimated at five percent of the [real] blood money(1). This blood money will be inherited by the fetus’ heirs, as if he would be killed after his birth, except his mother for she committed the offence against him. Nevertheless, if the heirs give up the blood money, the mother should not pay anything,

Allah Azzawajal says:
[[ And whoever kills a believer by mistake, then the freeing of a believing slave and a compensation payment presented to the deceased’s family [is required] unless they give [up their right as] charity ]]
[An-Nissâ' (The Women): 92].

In case the fetus, against whom the crime is committed, does not reach four months, there is no expiation to make for him because the soul is not breathed into him yet. Actually, it is obligatory to make expiation only when the person who is killed by mistake has a soul. However, if the fetus is an embryo so that he got a human shape or some of his limbs are formed, in such case, he will take the same ruling regarding the fetus [who has a soul] in relation to the obligation of giving the blood money.

Furthermore, the woman who committed the crime has to repent before Allah Azzawajal [of what she has done] and to increase good deeds and acts of obedience, for it is authentically reported that, “Regret is repentance”(2) and that, “whoever repents of a sin is like the one who has not done it”(3).

Moreover, Allah Azzawajal says:
[[ Say, “O My servants who have transgressed against themselves [by sinning], do not despair of the mercy of Allah. Indeed, Allah forgives all sins. Indeed, it is he who is the Forgiving, the Merciful”]]
[Az-Zumar (The Groups): 53].

The perfect knowledge belongs to Allah Azzawajal. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and Brothers till the Day of Resurrection.

Algiers, Jumâda Al-Ûlâ 17th, 1427H.
Corresponding to June 13th, 2006.
Fatwa: 531

in #Ferkous - http://ferkous.com/home/?q=en/fatwa-en-531