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

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She aborted the foetus in the first month because she hates her husband

My wife has a friend who is newly married. It was not written for this marriage to continue. After some time both husband and wife decided to have divorce. Before they separated they found out that the wife is one month pregnant. The wife, may Allah guide her, aborted the fetus intentionally saying that she does not want to have any form of relationship with her husband anymore. She does not suffer from any illness, and her husband is a moral man. When the husband found out what his wife did, he divorced her and told her that he is dissatisfied with what she did and he will never forgive her. 
What is the ruling on what she did?
What is the expiation for it?
And what should be done with her?.

Praise be to Allaah.

The fuqaha’ differed concerning the ruling on abortion before forty days of pregnancy and before the soul has been breathed into the foetus. A number of Hanafis and Shaafa’is, and some Hanbalis, are of the view that it is permissible. Ibn al-Humaam said in Fath al-Qadeer (3/401): Is it permissible to abort after becoming pregnant? It is permissible so long as it has not yet taken on a shape. Elsewhere they said: And that can only be after one hundred and twenty days, which implies that what they meant by taking on a shape was the breathing in of the soul, otherwise it is does not make sense, because the taking on a shape visibly occurs before that. End quote.

Al-Ramli said in Nihaayat al-Muhtaaj (8/443): The correct view is that it is haraam after the soul has been breathed in in all cases, and it is permissible before that.

In Haashiyat al-Qalyoobi (4/160) it says: yes, it is permissible to abort it even by using medicine before the soul is breathed into it, contrary to the opinion of al-Ghazaali.

Al-Mardaawi said in al-Insaaf (1/386): It is permissible to take medicine to abort the nutfah. This was stated in al-Wajeez, and before that in al-Furoo’. Ibn al-Jawzi said in Ahkaam al-Nisa’: It is haraam. It says in al-Furoo’: The apparent meaning of the words of Ibn ‘Aqeel in al-Funoon is that it is permissible to abort it before the soul is breathed into it and he said: He has a point. End quote.

The Maalikis are of the view that it is not permissible at all, and this is the view of some of the Hanafis and some of the Shaafa’is and some of the Hanbalis. Al-Dardeer said in al-Sharh al-Kabeer (2/266): It is not permissible to expel maniy (semen) that has settled in the uterus even before forty days, and once the soul has been breathed into it, it is haraam according to consensus.  Continue reading

The doctors aborted the foetus without her knowledge, out of fear for her life

Five years ago my mother got pregnant and in the fifth month of pregnancy the amniotic fluid leaked and she became ill. When she went to the doctor they decided to abort the foetus because it was weak, and he said that if it was left inside it would die and decompose which would poison my mother and put her in danger. My mother refused vehemently because she knows that that is haraam, and she asked for a different doctor, but the second doctor’s view was the same as the first doctor’s. When she refused they forced her to stay in the hospital and they did not let her leave. She was examined by a committee of doctors and they insisted on doing the abortion surgery, and they say that they would bear responsibility with regard to the child. One day, because my mother had so vehemently refused to have this operation, they took her to the operating theatre, saying that they were going to do an ultrasound to check on the foetus, but they did the operation and aborted the foetus. Until now she says that she does not know whether the foetus was alive or dead at the time of the surgery, because they did the operation on her without examining her or checking the heartbeat the foetus. My mother’s question is: Is there any sin on her for what happened when she had an abortion in the fifth month of pregnancy, without her consent? If that is the case, what expiation should she offer?.

Praise be to Allaah.

Firstly:

If the matter is as described, there is no sin on your mother – if we assume that there is any sin involved – because she did not consent and the operation was done without her knowledge.  Continue reading