What is the compensation for the fetus of a non-Muslim woman (Dhimmi or Majusiyya) if its death is caused while its Islamic legal status is that of a non-believer?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the fetus's legal status is ruled to be that of disbelief (such as the fetus of a Christian or Magian woman), the compensation due is one-tenth of the mother's full blood money (Diyya). This is the view of Al-Shafi'i, Abu Thawr, and the proponents of the school of opinion. This ruling applies whether the fetus is male or female, as the Sunnah did not differentiate between the genders regarding compensation percentages.
Supporting text
The basis for this ruling is that the fetus of a free Muslim woman is guaranteed a compensation equivalent to one-tenth of her blood money, so the same measure applies to the fetus of a disbeliever. The proponents of the school of opinion hold that the blood money for a non-Muslim woman is equivalent to that of a Muslim woman, meaning there is no effective difference in the calculation of the tenth.