When can retribution be carried out against a woman after delivery?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
After delivery, execution is not permissible until the infant has received the colostrum (laban), as survival often depends upon it. Furthermore, if the child has no one to nurse it, the execution must be delayed until the child is weaned, based on the aforementioned prophetic narrations. Since postponement was mandated to preserve the fetus, it is more fitting to postpone it to preserve the child after birth. However, if the retribution involves an injury less than homicide, and it is highly probable that the woman will survive and the execution will not harm the fetus, the injury may be carried out.
Supporting text
If a permanent wet nurse is available for the child, execution is permissible because the child's needs are met. If the nurse is transient, multiple nurses share the duty, or if the child can be fed with milk from a sheep or similar animal, execution is permitted. However, it is recommended for the heir (wali) to delay execution out of consideration for the harm that might befall the child due to changing milk sources or consuming animal milk.