Indemnity of Abortion

If an abortion is carried out, whoever performs the abortion will become liable for the payment of indemnity. This is regardless of whether or not the abortion is done voluntarily, with the consent of one or both parents.

The payment of indemnity forms part of the child’s estate and will go to his heirs, i.e. his parents, even though they may have been party to the decision. However, it is something that the parents, as his heirs, may waive their rights to, hence removing the liability of payment from the person who performs the abortion.

The payment is as follows 77:

If the foetus is:

Upto 40 days old – 70g of gold
Upto 80 days old – 140g of gold
Upto 120 days old – 210g of gold
Upto 160 days old – 280g of gold

Older than that:

If a male child is aborted – 3500g of gold
If a female child is aborted – 1750g of gold

In addition, one must do istighfar and pray for the forgiveness of Alla-h (swt) so that the aborted life may not seek restitution.

Notes:

77 As translated by Marhum Mulla Asgherali M M Jaffer

Adapted from the book: "From Marriage to Parenthood; The Heavenly Path" by: "Abbas and Shahin Merali"