Section
Whoever commits an assault¹ against a pregnant woman that causes her to miscarry a free Muslim fetus—male or female—must pay a ghurra, that is, a slave whose value equals one-tenth of the mother’s full diya², namely five camels³.

A ghurra is a male or female slave, and one ghurra is required for every fetus lost.

The indemnity for a slave fetus is one-tenth of its mother’s market value.

For a fetus that is legally judged to be non-Muslim, the obligation is likewise a ghurra valued at one-tenth of the mother’s worth.⁴

If the fetus is delivered alive at an age when one of its term can ordinarily survive—defined as six lunar months or more—the ruling for a living person applies: if the child is free, a complete diya is due; if a slave, his full value. Should there be a dispute over whether the infant emerged alive or dead, the word of the assailant is accepted.

For the fetus of a beast of burden, the compensation is the amount by which the animal’s market value has diminished.