Is it permissible to carry out retribution (Qisas) against a pregnant woman?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retribution, whether in kind (Qisas) for homicide or for physical injury (limb), is not permissible against a pregnant woman before she delivers her child. This applies whether she was pregnant at the time of the crime or became pregnant afterward, prior to the execution of the sentence. In the case of homicide, execution is prohibited based on the verse: {And whoever kills a believer intentionally, his recompense is Hell, therein to abide forever, and Allah has doomed him, cursed him, and prepared for him a severe punishment.} (Quran 4:93). Executing the pregnant woman results in the killing of someone other than the perpetrator, which constitutes excessive aggression (israf). Furthermore, a narration transmitted by Ibn Majah, citing communal testimony from companions (Mu'adh ibn Jabal, Abu Ubaidah ibn al-Jarrah, Ubadah ibn al-Samit, and Shaddad ibn Aws), states that the Prophet (PBUH) decreed that if a woman intentionally commits murder, she is not executed until she delivers what is in her womb, and her child is suckled. Similarly, if she commits adultery, she is not stoned until she delivers and weans her child. This is supported by the Prophet's instruction to the Ghamidiyyah woman to return until she delivers and suckles her child. There is a consensus among scholars on this point.