Regrets having an abortion Fatwa No: 89089
- Fatwa Date:27-12-2004
I want to know what is the ruling for a woman who is five months pregnant and then takes the child out of her stomach because she is told by her doctor which is American that her baby will come out with a mental problem and will live up to 3 days only and also told her that she has to take this baby out no matter what. And also her husband told her to do what the doctor said because he didn't want to see her in much pain like the other child they had because they already had a child that lived up to three days only and died. Now the thing is, she really didn't want to take this child out and also back in those days they didn't know it was Haraam to that until now and they also didn't know that there was Muslim doctors because they lived in America. This question has been concerning her for so long and she wants to know what she should do for Allaah's forgiveness if she has committed a sin with out knowing it was Haraam.
Please when you write back please write in English because I didn't seem to find the American country so that's why I picked Jordan and I really live in America.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Abortion is forbidden during all the stages of the development of the foetus; even as a sperm as this is damaging to human reproduction. If the soul is breathed into the foetus, then this is more forbidden as this is killing a soul without right. Therefore, it is not permissible to carry out an abortion except for a necessity. So, you should know that you have indeed committed a sin by doing so. You should have asked the scholars before committing this abominable act. Though you might not be sinful for not knowing that it is forbidden, you still have to give blood-money unless the heirs of the foetus forgive. The blood-money for the foetus is one tenth of the total mother's blood money, which is the equivalent of the value of 5 camels. It is safer and more appropriate to expiate for abortion to avoid the difference of opinion of those who are of the view that the expiation is obligatory. If the one who carried out the abortion is from the heirs then he does not inherit anything from the blood-money. As regards the person who was not directly involved, he does not have to give blood-money, but he has to repent.
Allaah knows best.