To Abort a Foetus Intentionally is HarÄm
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To Abort a Foetus Intentionally is HarÄm
It is evident from the foregoing discussion that human life is considered sacred by the Islamic Shari’a. Nothing has been given so much importance like the one reserved for the ‘protected soul’ (Nafs al-Muhtaram). So much so that the beginning point of the human life, that is, the fertilised ovum is also not to be wasted. Once conception has taken place, no abortion is allowed. The ‘diyah’ (penalty) for abortion is as follows:
If the fertilised ovum is aborted the ‘diyah’ is sixty misqal.
If bones have formed it is eighty misqal.
If an incomplete child is aborted whose features have become distinct but the soul not entered the body, the penalty is one hundred misqal.
If soul had entered it and it was a male child, diyah is one thousand misqal, and if female, it is five hundred misqal.
If a pregnant woman dies, it is necessary to remove the unborn child by operation. Any carelessness in this regard is ‘HarÄm’.
If due to carelessness the child dies, diyah is Wajib upon the one who was responsible for the lapse.