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Rufai Oladimeji
Lagos State University
100Level, Nigeria.
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What dose it mean 1/10 of the diyah
of the mother? What is Diyah? Does
"mother" mean the one who was
pregnant or mother of pregnant
woman? Can i convert it in to UAE
dirham value? If abortion was done
within one month of pregnancy is it
necessarily to pay 1/10 of Diyah of
the mother? If no what is a Tawbah?

All perfect praise be to Allah, The
Lord of the Worlds. I testify that
there is none worthy of worship
except Allah, and that Muhammad
is His Slave and Messenger.

The Diyah is the money which is
given to the person against whom a
crime is committed on his soul or
body. For instance, if a person kills
someone, then the killer should pay
money to the guardians of the killed
person; this is in brief.
One-tenth of the Diyah of the
mother means that if a crime is
committed against the foetus and it
was aborted, then the person who
aborted it should pay money to the
family of the foetus, and the value
of this money is one-tenth of the
value of the Diyah of the mother of
the foetus.

If the mother of the foetus is a free
Muslim, then the value of her Diyah
is 500 Dinaars of gold, and the value
of the Diyah of the foetus is one-
tenth, which is 50 Dinaars of gold.
One Dinaar of gold equals 4.25
grams. Therefore, the value of the
Diyah of the foetus is 212,5 grams
of gold.

Hence, you may ask how much
these grams cost in Emirates
Dirham. The jurists agreed
that this amount should be paid on
a foetus some limbs of which are
formed. However, they differed if
the abortion took place before this.
The preponderant opinion we adopt
in Islamweb is that it is an
obligation to pay the Diyah of the
foetus if 40 days passed after its
conception, because after this
period the foetus starts to shape,
whereas before the forty days finish
it is only some drops of mixed
sperm and it is not an obligation to
pay a Diyah when aborting it.

Allah Knows best.


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