His mother-in-law made his wife have an abortion
Fatwa No: 133269

  • Fatwa Date:15-3-2010 - Rabee' Al-Awwal 30, 1431
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Question

i got married on 14/05/2009, WE CAME TO NOW THAT MY WIFE IS PREG ON 24 AUGUST 2009, WHEN I TOLD MY MOTHER IN LAW ABOUT MY WIFE PREG SHE TOLD ME THAT SHE DOES WANT THE BABY SO EARLY BEFORE THAT SHE DIDNT HAVE TALKED TO HER DAUGHTER ALSO SO THAT I CAN UNDERSTAND THAT MY WFE MUST HAVE BEEN TOLD TO HER MOTHER AND AFTER THAT FOR RAMZANID MY WIFE HAD GONE TO HER HOUSE MY MOTHER IN LAW STARTED UNECESSARY FIGHT WITH ME AND AFTER THAT I CAME TOKNEW THAT HER MOTHER HAD ABORTED MY CHILD WHAT SHOULD I DO

Answer

 

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

Your mother-in-law has no right in preventing her daughter who is your wife from becoming pregnant and from having children, and your wife is not obliged to seek her permission about that and neither is she obliged to obey her in this regard. Obedience is required only in what is permissible as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) informed us. No doubt, her preventing her daughter from having children is not within what is permissible.

As regards your wife’s abortion, if your mother-in-law made your wife have an abortion or ordered her to do so, then she is sinful. Aborting a fetus is forbidden even if it is at the Nutfah stage according to the view of the majority of the scholars  may  Allaah  have  mercy  upon  them. For more benefit, please refer to Fataawa 85970 and 85558.

Moreover, if this abortion took place after the fetus had taken the shape of a human being (40 days and above), then the one who carried out the abortion is obliged to pay a Diyah (blood money) for the child and it is one-tenth of the Diyah of his mother, and it will be divided on the heirs of the child who did not participate in aborting him.

Finally, if your wife had obeyed your mother in aborting the child, she is obliged to repent to Allaah; for more benefit, please refer to Fatwa 87903.

Allaah Knows best.

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