The Blood Money of The Fetus in Jurisprudence and Law

Abstract

It is crystal clear for every one that of the Islamic Sharia has the ability to propose legal rulings for every new conflict. Therefore, this study was designed to prove the ability of our true religion to keep pace with any development. Among these calamities are the abortion of the fetus before the soul is breathed into it, and what the ruling on killing the fetus before its birth. The study further tries to discuss the opinions of Sharia and medical scholars on abortion in case of the fetus being mutilated and obstructed, and what is the amount of blood money for the fetus in the event of intentional killing? The researcher benefited from the analytical and deductive approach, and from the most important findings and recommendations in terms of self-preservation as a basic requirement in the Islamic laws. As it is suggested that taking blood money for the human loss due to a felony is one of the most important reasons for preserving it. The scholars have agreed that abortion is prohibited after one hundred and twenty days of pregnancy. However, among the cases in which an abortion is permitted can be when the fetus is seriously deformed, with no hope for the fetus to survive after birth. There is harmony among Sharia scholars and doctors on the permissibility of abortion for fetuses who have no chance to live either during pregnancy or after birth.