Q: 1. What’s the hadd (punishment) for a lady who has an abortion? 2. Is there a difference between aborting before 4 months and after 4 months?
A: 1. To carry out an abortion is not permissible, even before the body has shaped (except with a shar’ee reason) and when four months of pregnancy have taken place then life comes into the baby, in light of the hadith of Saheeh Muslim.
Therefore to abort a baby after life has come into (i.e. after four months) it is not permissible even if the mother’s life is in danger as this would be to kill a life for another life. And to abort a baby without any reason is murder and one will be responsible of the sin of killing.
Generally if the abortion was carried out without the consent of the husband, the mother (with the help of her family) will be responsible to pay the inheritors of the aborted baby 500 dirhams (equivalent to Mahre Fatimi) approx £750 (approximately R13,290) currently. (Ad Durrul Muhtaar)
However, in the questioned situation the child does not have a legitimate father and the mother did it with the instruction of her parents, therefore this will not be paid to anyone.
Nevertheless, in both situations (mentioned above) it is preferable and highly recommended that the mother gives the kaffarah of killing, which is to free a slave, but as it is not possible nowadays, therefore the mother will keep two months of consecutive fasts. In addition to this, sadqah may also be given according to one’s ability as a form of repentance.
And finally, all parties involved must ask plenty of forgiveness from Allah for this grave sin committed and resolute not to do it again, and not do anything that leads to it also.
2. Yes there is a difference between before and after four months. Under no circimstanc.
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Aadiel Moosagie (Mufti)
Council of Ulama Eastern Cape
Tel/Whatsapp: +27 83 982 6968
[email protected]
www.councilofulama.co.za
@UlamaCouncilEC