| The second question of Fatwa no. 19314 Q 2: A woman became pregnant out of Zina (sexual intercourse outside marriage). When one of her relatives found out about this, he wanted to protect the honor of the family that he is part of and kept urging the woman to have an abortion so as not to scandalize the family. She carried out his instructions, but in vain for Allah willed for the embryo to be a full born baby. It is worth mentioning that this man was not a Mahram (spouse or permanently unmarriageable relative) for the woman. As a result of his instigations, she even tried to have an abortion | | (Part No. 26; Page No. 121) | |
during the final months of pregnancy but in vain. He told her to try to get rid of the embryo using whatever means even if it was a full born baby. Consequently, she killed the baby immediately after giving birth and buried him. She would have committed this crime whether he had instigated her nor not, but Iblis (Satan) tempted him to conspire with her. What should this man do? Can he make Tawbah (repentance to Allah)? Is he a partner in the crime? A: Firstly, Zina is prohibited by the Qur'an, Sunnah (whatever is reported from the Prophet), and Ijma` (consensus). Whoever commits Zina must make Tawbah according to the following conditions:1. Give up the sin 2. Regret what has been done 3. Resolve not to go back to it.In addition, they must be keen to observe the obligatory acts of worship, refrain from committing sins and Munkar (that which is unacceptable or disapproved of by Islamic law and Muslims of sound intellect), increase Istighfar (seeking forgiveness from Allah), and observe the supererogatory acts of worship, because good deeds erase bad ones. Secondly, premeditated murder is one of the gravest major sins, which is prohibited by the Qur'an and Sunnah. This woman, by killing her baby, has killed a preserved soul premeditatedly, which is one of the gravest major sins. She must hasten to make sincere Tawbah from this heinous crime; maybe Allah will forgive her and accept her Tawbah. Thirdly, instigating the mother to get rid of her baby is cooperation in sin and transgression. Thus, this man must make sincere Tawbah and not recommend anyone in the future to do anything but good. | | (Part No. 26; Page No. 122) | |
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions. The Permanent Committee for Scholarly Research and Ifta' |
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