She became Muslim after having an illegitimate pregnancy aborted; will Allah forgive her and will she meet her child in Paradise?

A sister embraced islam after being raised as an athiest. at age 17 during her state of jahiliyya, she had an abortion and terminated her pregnancy, due to abuse and pressure on the part of her former partner. The termination took place approx 49weeks into pregnancy.
InshaaAllah, the sister has been forgiven by Allah SWT for this because she was not aware of Islam and had not been guided at this time.
The sister deeply regrets and feels saddened by this. She would like to know,from an islamic perspective what happened to that foetus, if it was considered a life at that stage or not, and on yeomal qiyyamah will there be any consequence for that action, any scenario which will occur. and if the sister is granted jannah, and we ask Allah to grant us all this honour, will she ever have a chance to have this child or will this be something which has been erased by Allah in this life and in the hereafter?.

Praise be to Allaah.

Firstly:

Zina (fornication or adultery) is forbidden and is a crime according to all divinely revealed laws. It is abhorrent and is rejected by anyone with sound reasoning, even if he is not Muslim. Allah, may He be glorified and exalted, has criticised the one who does it in many verses and in many Prophetic hadeeths, and He has warned the one who does it of severe punishment in this world and in the Hereafter. For more information please see the answer to question no. 97884  Continue reading

She left her child in her crib without tying her wrapper; what should she do?

I had a little girl and she died at the age of seven months. 
The cause of her death was that she was sleeping on the bed and I had wrapped her with the cloth only, without tying it, then she rolled over onto her face and I was not with her, and she suffocated. She was my first child but this was not the first time that I wrapped her loosely when she was sleeping. I had gotten used to putting her like that most of the time, and usually she undid the wrapper herself.
That is why I did not expect what happened. 
Do I have to offer any expiation?.

Praise be to Allaah.

Firstly:

The expiation for killing and the diyah is only required from someone who kills another person by mistake either directly or indirectly, as al-Hajaawi said in Zaad al-Mustaqni‘ (p. 222): Everyone who kills a person directly or indirectly must pay his diyah. End quote.

Killing directly means, for example, shooting at an animal (when hunting) and hitting a person instead, or rolling over another person in one’s sleep and killing him. Killing indirectly means, for example, digging a hole in the path used by people into which a person falls and dies.

With regard to killing directly, there is liability in all cases. With regard to killing indirectly, there is no liability or expiation required unless the one who did that overstepped the mark or was negligent.

It says in al-Mawsoo‘ah al-Fiqhiyyah (28/280): The general principle is that if the killing was done directly, there is liability even if it did not overstep the mark; if it was done indirectly, there is no liability unless he overstepped the mark.

In Qaraaraat Majma‘ al-Fiqh al-Islami (p. 81) it says: The one who does it directly is liable even if he did not over step the mark, and the one who did it indirectly is not liable, unless he overstepped the mark or was negligent.

The difference between overstepping the mark and negligence is that negligence means failing to do what is required of taking precautions, whereas overstepping the mark means doing actions or using things in a way that is not permissible.

End quote from al-Qawaa‘id wa’l-Usool al-Jaami‘ah, by Shaykh ‘Abd al-Rahmaan al-Sa‘di, p. 62

Secondly:

From what you said it does not seem that it was the result of any overstepping the mark or negligence on the part of the mother, because it is customary to leave children of that age without tying their wrappers.

Therefore the mother does not have to offer any expiation, because what happened was the will and decree of Allah and she had no hand in it.

We ask Allah to make this child a cause of her parents entering Paradise.

And Allah knows best. Continue reading

He left his little boy in the house on his own, and the stove fell on him and he died

I had a child who was five years old. One day, he and his mother were at our neighbour’s house, and his mother left him with me in the house, then I went out to work, and on the way I went and told his mother that he was in the house. During that time, he went to the stove to get some bread and the stove fell on him and he died. Do I have to offer any expiation such as fasting or anything else, or is there any obligation on his mother?.

Praise be to Allaah.

We hope that there is no blame on you and you do not have to do anything, because this is something regular which happens to people and it is not called negligence. Such things happen to people who grow date palms and people have farms; they may let the child go to the stream or pond and swim in it, and he may die because of that. These are regular things and cannot be helped; it will be forgiven if Allaah wills. End quote.  Continue reading

What should a woman who deliberately aborts her foetus do (to expiate for her sin)?

you will be able to answer my question. I would like to know, besides repenting to Allah, is there a certain punishment a sister in Islam should receive for having an Abortion? And,if so, who carries out the punishment?

Praise be to Allaah.

She has to repent for deliberately aborting her pregnanacy after it had been created, because aborting it is haraam and is not allowed. Once pregnancy is known, it has to be protected and it is haraam for the mother to harm it in any way, because it is a trust which Allaah has placed in her womb, and it has rights. So it is not permitted to treat it badly or to abort it.

See al-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, 3/1052. Continue reading

She overexerted herself in her house and had a miscarriage; does she have to offer expiation?

A woman miscarried when she was in the fourth month of pregnancy due to over exertion. She did not know that these efforts may cause a miscarriage. What is the ruling on this? Is it considered unintentional killing, should she fast then two consecutive months? What should she do if her period comes during fasting?
These efforts were to prepare an invitation for her husband’s friends. He asked her for this.

Praise be to Allaah.

Firstly:

If what you did was something usual and there was no fear for the foetus, then you do not have to do anything, because the basic principle is that it is permissible for you to do these things.

But if the action was something that is usually known to be harmful to the foetus, such as carrying heavy things, for example, which a pregnant woman is not supposed to carry, and that resulted in miscarriage of the foetus – in the fourth month, as mentioned in the question – then the miscarriage of the foetus is not regarded as killing a person, because the soul had not yet been breathed into it, as the soul is breathed into it after one hundred and twenty days of pregnancy.

Based on this, there is no diyah (blood money) or kafaarah (expiation) required as the result of this miscarriage.

Rather this miscarriage incurs a burden of sin, and you have to repent and regret what you did.

The scholars of the Standing Committee for Issuing Fatwas were asked : I went for Hajj with my husband and some of my children, and I was four months pregnant. On the night of ‘Arafah we carried our luggage and because we had so many things and they were heavy, I felt pain in my stomach. On the same night I lost the foetus, and I buried it without washing it or offering the funeral prayer for it. I was at the end of the fourth month, and I had had some bleeding during the month of Dhu’l-Qa’dah. After the miscarriage I had bleeding of nifaas, which lasted until the end of Hajj. My question is: Do I have to do anything because of having a miscarriage during this period? Please note that I did not wash him or offer the funeral prayer for him, and I did not tell anyone about that, and the miscarriage was not something that I wanted.

They replied: If the matter is as you describe, that the pregnancy was in its fourth month and had not yet completed four months, then you do not have to offer any expiation for the miscarriage of this foetus, because the soul had not yet been breathed into it during this period. Based on that, the foetus does not need to be given a name, washed or prayed for, but you were sinning because you caused this miscarriage, so you have to repent and pray for forgiveness for what happened, and not do such a thing again in the future. End quote.

Fataawa al-Lajnah al-Daa’imah (21/339). Continue reading

She allowed her son to go the mosque and he drowned in a hole in the valley and died

My son who was five years old has passed away. He drowned in a hole in a close valley to the village in which we live. We did not know that he went with friends to the valley to play. It is a habit for them to go after asr prayer to play, moving between their grand parents’ homes. We are a big family and our homes are close to each other. We left to pray in the masjid and I left him with his mother at home. He insisted on going to pray with us saying “I do not want to enter hell, I seek paradise, please let me go to pray” so his mother felt for him and let him go. He returned dead! Are we “his mother and I” sinful? His mother is very sad and wants to know if she is sinful or if she needs to expiate.

Praise be to Allaah.

If the child habitually left the house to go to the mosque and to his grandparents’ house, and there was no danger in that, then there is no sin on you or on the mother because you were not negligent. We ask Allaah to compensate you with good.

And Allaah knows best. Continue reading

A child ran out suddenly in front of the driver and he hit him

What is the ruling on a person who hits a child with his public transit vehicle, which caused his death? Please note that the accident was caused by a child who ran into the path of the vehicle without paying attention, and the driver tried hard to avoid hitting him, but to no avail, and because of his swerving the bus he was driving nearly left the road and nearly ran into the ditch, but for the grace of Allaah, and it was carrying more than fifty passengers. The procedure in our country is that insurance is required for all means of transportation, both private and public. In the event of an accident, the insurance company pays compensation to the victim’s family. Does the driver have to offer any expiation?.

Praise be to Allaah.

If the driver was going at a reasonable speed when he was approaching the child, and could not avoid hitting him because the child ran out suddenly, such that the experts rule that the accident was unavoidable, then he is excused and he does not have to do anything, whether that is paying diyah or offering expiation.

If he could have avoided hitting him, or he was travelling so fast that he could not avoid it, then he is liable, which in this case means that if the child died he must offer expiation and pay the diyah (blood money). If the child did not die but he suffered some injury, then he must pay the diyah for whatever injuries he caused.

Similarly, if both parties were to blame, both the driver and the child, then the driver must still offer the expiation in full, because it cannot be offered in part.

If there is any reason to blame the driver for the accident, such as if he was negligent or careless, by driving too fast or failing to alert the child, or not trying hard enough to stop, then he must offer the expiation. Continue reading

Two cars crashed into one another and the drivers died; what do their sons have to do?

My father died in a car accident and the driver of the other car also died. The traffic report determined that each of them was 50% responsible. What do we, his sons, have to do?.

Praise be to Allaah.

Firstly:

If it has been determined that both of them were equally at fault, then each of them has to pay compensation for damage caused to the other, whether it was loss of life or property, according to the degree of his error.

As the traffic report determined that the share of error of each party was 50%, then each of them must pay half the diyah of the other, and half of the cost of the damage caused to the car.

The diyah in this case must be paid by the male relatives of each of them, meaning the male relatives on the father’s side, such as brothers, paternal uncles and their sons (i.e., paternal cousins).

With regard to expiation, each of them must offer expiation in full for killing by mistake, because expiation cannot be divided.

It says in Fataawa al-Lajnah al-Daa’imah (21/273):

If the accident was the fault of both drivers, then each of them who contributed to killing must pay a share of the diyah, commensurate with his portion of blame. With regard to expiation, each person who played a part in the accidental killing must offer expiation, even if his degree of blame is less. But if his share of the error is 100%, then he alone — and no one else — must offer expiation and his male relatives on the father’s side must pay the diyah. End quote.

If the heirs of each of them agree to waive their rights in return for the other party also waiving their rights, there is nothing wrong with that. Continue reading

She did not have any milk in her breasts so she fed her baby girl butter and she died

A woman gave birth to a daughter more than fifty years ago, but there was no milk in this woman’s breast, so she gave the girl butter, and after approximately six days the child died. 
Is there any sin on the mother for that? 
She is afraid that she is the one who caused her death, i.e., that the child died because of the butter. 
The mother did not know that butter would cause the child to die; if she had known that butter would cause her to die, she would not have given it to her daughter.

Praise be to Allaah.

The Islamic ruling in this case depends on asking specialist doctors. If they say that giving butter to a newborn will cause the child to die, then this mother killed her daughter by accident. If they say that it does not lead to death, then there is no sin on the mother, because she did not cause the death of her child. If the doctors are not sure whether this was the cause of death or not, then there is no sin on the mother in this case either.

Based on this, it is essential to ask those who are expert and have knowledge of such matters.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said:

If she is not sure whether the child died because of her, then there is no sin on her, because the basic principle a person is not obligated in any way unless there definite evidence. End quote. Majmoo’ Fataawa Ibn Baaz, 22/327.

If it is proven that the butter was the cause of death, this killing is to be regarded as accidental because the mother did not intend to kill her child.

Two things are required in the case of accidental killing: diyah (blood money) and kafaarah (expiation)

In the answer to question no. 52809 we have stated that the diyah in the case of accidental killing must be paid by the ‘aaqilah (male relatives on the father’s side) of the killer, not by the killer himself, and the ‘aaqilah includes the male relatives such as the father, son, brothers, paternal uncles and so on.

The expiation is required from the killer himself, and the expiation is to free a believing slave; if that is not possible then he must fast for two consecutive months.

It says in al-Mawsoo’ah al-Fiqhiyyah (16/62):

There is no difference of opinion among the fuqaha’ that accidental killing means cases where a person did not intend either to strike or to kill, such as if a person shoots at game or a target but hits a person instead, or if a sleeper rolls over on top of a person and kills him. This means that the diyah must be paid by his ‘aaqilah and the expiation is also required. End quote.

It says in Fataawa al-Lajnah al-Daa’imah (21/245, 248)

The diyah for a child who is killed accidentally after being born alive is like the diyah for a woman, which is half the diyah for a male. The diyah must be paid to the heirs. End quote.

And Allaah knows best. Continue reading

She covered her child with a thick blanket and he died

A young child of my mother who was just four months old died. She had covered him with a thick blanket because she was scared that he would be cold, and he was close to her. She does not know whether she is the one who caused him to die or if it was because of the blanket. Does she have to do anything?.

Praise be to Allaah.

If she had covered his face with the thick blanket, then she has to offer expiation for accidental killing, and the diyah must be paid by her ‘aaqilah (male relatives on the father’s side), because it seems that he died because of that. If she did not cover his face, then she does not have to do anything and no one has to pay the diyah.

In the answer to question no. (52809), we have explained that in the case of accidental killing, the diyah is to be paid by the ‘aaqilah of the killer, and not by the killer himself. In that question we have also explained who the ‘aaqilah are.

Ibn Hazm (may Allaah have mercy on him) said in al-Muhalla (11/15): Concerning a woman who slept beside her son etc and he was found dead. Then he narrated that Ibraaheem al-Nakha’i said concerning a woman who covered her son’s face and he died in his sleep: She has to free a slave.  Continue reading