He impregnated a girl, they aborted child, and then got married Fatwa No: 86841
- Fatwa Date:9-2-2004
I have written to you earlier about my sins of doing Zina with a Muslim girl for around 3 years continuously. I used to ask for forgiveness to Allah Almighty but never repented. Now I am married to the same girl. During the time, we were engaged in Zina we had to do an abortion. I read on your website that I have to give one tenth of the blood money of a woman for abortion. What does it mean? Can you please calculate it and tell me in terms of gold or Pakistani or US currency, about how much I have to give? Please, also tell me the intention for giving and to whom I should give the money. Please advise. May Allah Almighty bless you with the highest level of heaven for the priceless work you are doing here by helping people and bringing them from darkness of evil towards the right path.
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
There are many points we would like to warn you about.
Firstly, committing Zina (fornication or adultery) is a major sin. Allah Says (what means): {And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.} [Quran 17:32]
Secondly, killing an innocent soul. Allah Says (what means): {And do not kill anyone whose killing Allah has forbidden, except for a just cause….} [ Quran 17:33]
The Diyyah (blood money) for aborting a fetus is to free a slave worth the tenth of the blood money of his mother. If both of you (husband and wife) have involved in causing abortion, then each of you should pay half of the blood money along with the expiation.
Thirdly, the price of the one tenth of the blood money is worth fifty Dinars (a Dinar equals 4.25 grams). To find out the value of any currency, consult the gold exchange market. Ibn Taymiyah said: ‘The value of a slave is one tenth of blood money or fifty Dinars. Majority of Muslim scholars are of the opinion that she has to free a slave as expiation, if she is not able to do so, then she has to fast two months consecutively; if she is not able to fast, then she has to feed sixty needy persons.’
Fourthly, the maternal grandmother and his (fetus’s) siblings from mother side inherit from the blood money. The remaining amount is also distributed among them. This is the opinion of Muslim jurists for the evidences they cited from the Quran and the Hadeeth. If there are no brothers of the fetus, then other relatives from the mother's side, like uncle and aunt, inherit from that blood money. If there are no maternal relatives, then the money is spent in the public interests of Muslims. The mother does not get anything of that money if she participated in the abortion, since a killer is deprived of his inheritance from the one whom he has killed. If the mother was not involved in aborting the fetus, then she will get one-third of the blood money if the fetus has no brother from the maternal side. If there are brothers, she will get one sixth of the blood money.
Fifthly, in this case and similar cases, intention is not important. So, if one honors the rights of the related person, he becomes free from his responsibility.
Sixthly, your marriage to this girl is valid if the following conditions are met:
A) If both of you had sincerely repented because being chaste is a compulsory condition for a valid marriage according to the majority of Muslim scholars.
Allah Says (what means): {The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist, and that has been made unlawful to the believers.} [Quran 24:3]
B) The marriage contract should be established after completing her Iddah (waiting period). Her Iddah is till she gives birth if she is pregnant or she observes one menstrual period, according to the preponderant opinion of Muslim scholars. The Iddah is made compulsory to protect the lineage since the child after marriage is traced back to his father, while the child of Zina is traced back to her mother.
Finally, both of you should repent towards Allah, and increase your good deeds and seek forgiveness as much as possible.
Allah knows best.