Saturday, 6 December 2014

Blood Money in case of Abortion

In this article I am going to discuss three very important topics, blood Money (Diyyah), Abortion and Blood Money (Diyyah) in case of abortion. Before discussing anything I want to say that I am not a religious scholar, the information I am writing is gathered from various sources, before applying anything discuss with a religious scholar. We have already published one article about the blood money calculation in Saudi Arabia but this article focuses the blood money only in case of abortion. Blood money is the financial compensation paid to the heirs of a victim by the culprit. The family of the victims can demand blood money instead of retribution. It is an active measure to get rid of capital punishment as Islam is a religion of life.  However if the family of the victim forgives the culprit then the culprit is not obligated to pay the blood money. It is a valid compensation in case of road accidents. The amount of blood money is set since the time of Holy Prophet (PBUH). For the murder of a Muslim man it is 400,000 Saudi riyal, 150,000 Saudi riyal for Muslim woman and one-tenth of 150,000 for the murder of slave boy or a girl. Many other rates are also set but they are irrelevant in this article.

Blood Money in case of Abortion
Abortion is generally forbidden in Islam. Islam approaches the issue of birth control and abortion with balance. A woman is allowed to prevent birth but is not allowed to terminate it. However, it is permissible under certain conditions. Firstly, under any condition a woman is forbidden to abort the fetus after the period of 4 months, because by the start of forth month a soul is endowed to a fetus. If a woman aborts the fetus after four months then she is subject to pay Diyyah. Islam permits abortion if the doctor ensures that continuation of the pregnancy will cause fetal harm to the mother. A woman can have an abortion without her husband’s knowledge but she should have valid reason for it.

On surfing the net I found two different opinions on the websites for Islamic guidance. First opinion states that in case of abortion after 4 month period, an amount known as ghurrah must be paid. Before four month abortion, this amount is not obligatory. If a woman’s fetus is criminally aborted and the fetus was alive and died on delivery because of the criminal action, then the blood money (diyya) is to be paid of an adult man or woman. The second opinion states that blood money (diyaah) must be paid on abortion irrespective of the four month mark.

Blood money in case of an abortion is that of a slave boy or a girl, one-tenth of the mother or one-twentieth of a man, that is, approximately 212.5 grams of gold and traditionally, 5 camels. The blood money is to be paid to the heirs who did not take part in the abortion. If the father is unknowledgeable of the procedure then he is to be paid. The parents or the mother are entitled to pay the blood money. One school of thought states that, the doctor who performed the abortion is supposed to pay the money, since he is the killer. I think that doctor in this case acts on the orders of the parent/s therefore; he should be left out of this payment. I would like to tell you people again that I am not a religious scholar, so you people should consult a religious scholar before making this payment.

Related Articles
  1. Blood Money (Diyyah) and its Calculation
  2. What is an eye for eye Judicial System?
  3. Domestic Violence Law in Saudi Arabia
  4. Is Organ Donation legal in Saudi Arabia?
  5. Rights of Children born to Saudi mothers and non-Saudi fathers


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