What is the liability for harm inflicted by a Dhimmi man upon his Dhimmi wife, if he subsequently converts to Islam before she miscarries and dies?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
His 'aqilah (blood-bearing relatives responsible for paying diya) does not bear the liability if the miscarriage occurs, nor if the mother dies along with the fetus. This is because his 'aqilah are Muslims, and they do not pay diya for him since he was a Dhimmi at the time of the injury. Furthermore, the liability does not fall upon the Dhimmi community because he was a Muslim at the time of the miscarriage.
Supporting text
A possibility exists that the 'aqilah liability falls upon his Dhimmi kin, following the derivation of Abu Bakr, considering the status at the time of injury. In this case, the fetus incurs the penalty due for a kafir (unbeliever) fetus because the ruling considered him a kafir at the time of injury. According to the derivation of Ibn Hamid, a full ghurrah (a specific indemnity for a fetus) is due for the fetus, and the diya for the fetus and the mother rests upon his Muslim 'aqilah, considering the status at the time the death became established.