What is the indemnity for a fetus miscarried before six lunar months?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The full diya is only mandatory if the miscarriage occurs at six lunar months or more. If it occurs before that time, a ghurrah is due, as is the case if it is miscarried suffering. This is the position of Al-Muzani.
Supporting text
Al-Shafi'i holds that a full diya is due because the life of the fetus was confirmed, and it perished due to the injury. Our proof is that life capable of sustenance was not confirmed, thus no diya is due, similar to if it were miscarried dead or like a slaughtered animal. We respond to their claim that life was confirmed by stating that if a fetus is miscarried dead at six months, its life was also confirmed.