What is the liability for a Muslim who struck a Christian woman (Nasraniyya) causing a miscarriage, and the heirs claim the fetus was conceived by a Muslim through ambiguous relations or fornication?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the perpetrator confesses, a complete Ghurra is incumbent upon him. If the fetus was the type of pregnancy that the 'Aqilah (blood-relatives responsible for paying blood money) would normally cover, and the perpetrator confesses, the Ghurra is upon the 'Aqilah. If the heirs deny the paternity of the perpetrator, the mother swears an oath, and the amount due for the fetus of Dhimmi individuals is incumbent upon her, with the remainder falling upon the perpetrator because it was established by his confession, and the 'Aqilah does not bear the liability of a confession.
Supporting text
If the 'Aqilah confesses but the perpetrator denies, the Ghurra is upon the 'Aqilah along with the mother's Diyah (blood money). If both the perpetrator and the 'Aqilah deny, their statement is accepted along with their oaths that they are unaware this fetus is from a Muslim. They are not required to swear definitively because it is an oath concerning the negation of another's act. If they swear, the Diyah for a Dhimmi fetus is due because the default ruling is that her offspring follows her status, and the default is the absolution of liability.