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Fatwa CenterAborting an illegitimate fetus is prohibited and encourages crime
Question
My friend is a doctor and he asked me to ask a scholar about the ruling on a very important and urgent issue.
This doctor has a cousin who had unlawful sexual relations with a prostitute and she became pregnant. His cousin asked him to give the woman some medicine to abort the pregnancy under the pretext that his father would have a heart attack if he knew about it.
The doctor gave him some medicine which helped the prostitute abort her seven-week-old fetus.
Does the doctor have to pay blood money? What is the ruling concerning both the doctor and his cousin? Please advise us. May Allaah reward you.
Answer
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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Unlawful sex is a major sin and a heinous crime, as it is akin to the crime of polytheism and murder. Allaah The Almighty Says (what means):
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{And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.} [Quran 17:32]
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{And those who do not invoke with Allaah another deity or kill the soul which Allaah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty.* Multiplied for him is the punishment on the Day of Resurrection, and he will abide therein humiliated* Except for those who repent, believe and do righteous work. For them Allaah will replace their evil deeds with good. And ever is Allaah Forgiving and Merciful.} [Quran 25:68-69-70]
Therefore, this man should repent sincerely to Allaah The Almighty, do many good deeds and ask Allaah The Exalted ceaselessly to forgive him. The doctor is sinful too, because he has committed an act that Allaah The Exalted has prohibited. Allaah The Almighty Says (what means): {And cooperate in righteousness and piety, but do not cooperate in sin and aggression.} [Quran 5:2]
Abortion is unlawful unless it is done for a reason approved by the Sharee‘ah (Islamic law) such as the case when pregnancy poses a danger to the life of the mother. In this case, the mentioned reason does not legalize abortion under Sharee‘ah.
Abortion in such cases encourages the crimes of adultery and fornication because this woman will commit this crime many times as long as she can have her problem solved easily.
As for the blood money, neither the cousin nor the doctor has to pay it according to the opinion of the majority of scholars, as the fetus does not become a living being within this period of time.
Moreover, the fetus has no relative who is entitled to receive the blood money, because his mother is an accomplice in the crime of abortion.
All parties involved in this crime should repent to Allaah The Exalted, do many good deeds and seek forgiveness from Allaah the Almighty ceaselessly hoping that He may forgive them.
Allaah Knows best.
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