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Fatwa CenterCommitted Zina and Aborted the Fetus
Question
Assalamualaikum warahmatullahi wabarakatu, please I need to ask what two people who after committing Zina, the girl got pregnant and they both agreed to an abortion although the girl was the one who took the pill to abort the fetus after the scan showed that the fetus was barely 5 weeks and wasn't viable yet. Are they both supposed to fast? Is the payment of diyyah applicable here. Jazakumullahu khairan
Answer
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.
It is incumbent on the perpetrators of Zina (unlawful sexual intercourse) to repent to Allah, The Almighty, of that immoral act by regretting it and resolving never to commit it again in the future. It is also obligatory to repent of undertaking abortion, which is forbidden without a Sharee‘ah-acceptable reason. As for your question about the Diyyah (blood-money) and expiation for aborting this fetus, if the abortion took place before 40 days of pregnancy, no Gharrah (blood money for aborting a fetus) or expiation is required for its abortion.
Allah knows best.
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