What is the required compensation (Ghurra) for the fetus of a free Muslim woman?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

The compensation for the fetus of a free Muslim woman is a Ghurra, defined as a male or female slave. This is the position held by the majority of scholars, including Umar ibn al-Khattab, 'Ata', al-Sha'bi, al-Nakha'i, al-Zuhri, Malik, al-Thawri, al-Shafi'i, Ishaq, Abu Thawr, and the proponents of the school of opinion (Ahl al-Ra'y). The evidence for this ruling is the narration where the Prophet Muhammad (peace be upon him) judged in a case of a woman who caused the death of another, including her fetus, by decreeing that the fetus's blood money is a male or female slave (Ghurra). The Prophet also ruled that the woman's blood money (Diyya) is upon her *Aqila* (kinship group), and her inheritance goes to her children and others entitled. The authentic narration specifies a male or female slave; the mention of a horse or mule in some reports is considered unverified and erroneous by scholars of transmission.

Supporting text

The term Ghurra specifically refers to a male or female slave because they are considered among the finest forms of wealth, and the default ruling allows for choice in the form of compensation. Although some narration mentions a horse or mule, this variation is rejected as unverified.