What is the liability if a striker other than the usurper causes a miscarriage?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 11 · Bab 1

Open in Qurani

Primary text

If the usurper strikes her abdomen causing a dead fetus to be expelled, he owes a 'ghurra' (a slave worth five camels) for the loss of a free fetus, which is inherited by the lineage, and he owes the owner one-tenth of the mother's value because the miscarriage resulted from the blow, and the liability to the owner is like that for the loss of property (slaves). If a non-owner strikes her, he owes the ghurra as indemnity for the free fetus, and the usurper owes the owner one-tenth of the mother's value because he is responsible for the loss of her servile status. Liability for Mahr, Arsh, compensation for benefits, loss due to childbirth, and the value if she dies are the same as when both parties were knowledgeable, as these are rights of human beings and are not nullified by ignorance or error, similar to blood money (Diyya).