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In an August 17, 2019 lecture that aired on Karbala TV (Iraq), Iraqi Shiite scholar Sheikh Hussein Al-Amiri claimed that the Zionists and the enemies of Islam try to undermine the Shiites by creating gaps between the religious authorities and the people. Sheikh Al-Amiri went on to discuss how shari'a law views miscarriages and abortion. He said that the person who causes a woman to miscarry – including the woman herself in the event that she terminates her own pregnancy – must pay an indemnity of 20, 40, 60, 80, or 100 mithqal of 18-karat gold for a fetus that was in utero for up to 20, 40, 60, 80, or 100 days, respectively. He also explained that fetuses that have been in utero for over 100 days already have a human soul, and that the indemnity for causing a miscarriage of such a fetus is 500 mithqal for female fetuses and 1,000 mithqal for male fetuses. One mithqal is approximately equal to 4.25 grams. Sheikh Al-Amiri added that abortion is prohibited in Islam, with the exception of cases that present a risk to the life of the mother, such as when she might die or be killed in some way because of the pregnancy.
Following are excerpts:
Sheikh Hussein Al-Amiri: Reason is considered one of the sources for Islamic legislation.
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In keeping with the path of reason, one who is not knowledgeable must turn to one who is. Someone who is not an expert should turn to someone who is, especially in matters that are vital.
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The problem is that the Zionists and the enemies of Islam realized that the strength of the Shiites stems from their reliance on their sources of authority. So they strive to create a gap between the religious jurisprudents and the people and nation.
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Imam Zayn Al-Abidin was asked what the punishment is for a man who strikes a pregnant woman on her stomach and causes her to miscarry as a result.
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He answered: "He should pay indemnity." He said that if the miscarried fetus was still a sperm-drop [as mentioned in the Quran], the indemnity is 20 mithqal of 18-karat gold. If the fetus was a clinging clot [as also mentioned in the Quran], the indemnity is 40 mithqal of gold. If the fetus was a lump of flesh, the indemnity is 60 mithqal of gold. One may ask: "How can we tell?" It is more or less as follows. In the first 20 days, it is a sperm-drop.
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Up to 40 days, it is a clinging clot.
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Up to 60 days, the indemnity is 60 mithqal. Up to 80 days, the indemnity is 80 mithqal. Up to 100 days, the indemnity is 100 mithqal. After 100 days, the woman enters her fourth month of pregnancy, and the fetus is given a spirit and it becomes a human being. If the miscarried fetus is female, the indemnity is 500 mithqal of gold, and if the miscarried fetus is male, the indemnity is 1,000 mithqal of gold.
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Dear brothers, abortion is prohibited in Islam. It is not allowed, with one exception that the scholars agree on.
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If the mother might die or be killed if the pregnancy continues, then it is permissible to have an abortion.
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Who should pay the indemnity? Whoever caused the miscarriage. Who caused the miscarriage in such a case? The mother. If she swallowed pills, took medicine, or jumped up and down, the she is the one who needs to pay the indemnity. If the man caused the miscarriage – she was asleep, and he came and stomped on her back, and she miscarried – then he is the one who must pay the indemnity. If the doctor caused the miscarriage by giving the woman medicine or a shot, then the doctor must pay the indemnity.
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If the doctor says: "But the parents came to me and told me to carry out the abortion…" Really? What if someone takes his son to the doctor, and tells the doctor to slaughter him? What if both parents say: "Take our son and slaughter him"? If the doctor slaughters the boy, it is he who has to pay the indemnity. That’s killing.
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