Q: Please provide me on the ruling with regards to the kaffarah and the compensation to heirs that a woman in the situation below would be eligable for?

A surgical abortion was done at 14 weeks (90 days) without the knowledge of her husband. The woman is now overcome by guilt and wants to repent.

A: The Fuqahaa have ruled that aborting the fetus after four months is not permissible under any circumstance.

As far as abortng the fetus before four months is concerned, then according to the Fuqahaa this is also not permissible unless done for a valid reason in shariah (e.g. being in excruciating circumstances where there is a question of life and death). Since the case in question relates to aborting before four months and there was no valid reason according to shariah, then the woman has committed a major sin.

The woman should sincerely repent and beg Allah Ta'alas forgiveness and make a firm resolve that she will never commit this sin again in the future. It is advisable for her to give a good amount of wealth in sadaqah and fast for some days as an atonement for the wrong that she had committed.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)