If a woman commits abortion, is she liable to pay diyat?

Answer

(Diyat is the monetary penalty of compensation which the Shariah imposes on certain forms of killing. It is paid to the heirs of the killed person).The death by abortion or killing of an unborn foetus/child does not make incumbent Diyat. Diyat is for a Kaamil Insaan or a human being as he/she exists in the world beyond the realm of the mother's womb, hence the Fuqaha have ruled that there is no Diyat for the unborn child. If the unborn child is killed as a consequence of abortion, etc. the effect is Hukoomat-e-Adal. The Fuqaha have computed this to be one twentieth of the Diyat which is five camels. This is the equivalent of about R50,000 today. This fine will have to be paid by the doctor who effected the actual abortion. If the mother had consented to the abortion, she will not share in the proceeds of the fine. However, the Qaadhi may specify a befitting punishment for the commission of the haraam deed of abortion. The Diyat, etc. will apply even in South Africa since it is the Haq of the Warathah (Heirs).