What compensation is due if a pregnant non-Muslim woman is struck, and subsequently one of the parents converts to Islam before the fetus is miscarried?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a pregnant Christian woman, whose husband is also Christian, is struck, and thereafter one of the parents embraces Islam before she miscarries, the due compensation is the Ghurra. This view is held by Ibn Hamid and Al-Qadi, and it aligns with the apparent position of Ahmad and the school of Al-Shafi'i. The justification is that the liability is determined by the legal status at the time the injury settled, and at that point, the fetus was legally ruled to be Muslim.

Supporting text

Conversely, Abu Bakr and Abu Al-Khattab hold that one-tenth of the Christian mother's blood money is due, because the injury occurred while the fetus was legally categorized according to its initial state of disbelief.