What is the ruling regarding exacting revenge (Qisas) upon a pregnant woman?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Exacting retaliation upon a pregnant woman is an error committed by the executor and the authorizing ruler who permitted the execution. Both bear the sin if they were knowledgeable or negligent. If only one was aware or negligent, the sin rests solely upon that individual. If the fetus is not dislodged, there is no liability for it, as its existence and life are not confirmed. If the fetus separates dead or alive only for a duration in which it cannot survive, a fine (*ghurra*) is due. If the fetus separates alive for a duration it usually survives and then dies due to the injury, the full blood-money (*diyah*) is mandatory.