Pregnant woman (hamil) in fiqh

الحامل

A pregnant woman (hamil) in fiqh is a woman carrying a child. The entry covers her blood, fasting, marriage, divorce, waiting period, maintenance, the carrying-out of penalties, injury to her or her foetus, the burial of a pregnant woman, and rules for pregnant animals in slaughter, zakat and sale. 1 2 3 4 5 6 7 8

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Overview

A pregnant woman (hamil) is a woman carrying a child. The rules cover her blood, fasting, marriage, divorce, waiting period, maintenance, penalties and injury to the foetus. 1

Blood and fasting

Blood is normally not discharged during pregnancy. Blood seen during pregnancy counts as irregular bleeding in the Hanafi and Hanbali views; the blood between two births is disputed. 2

A pregnant woman may break her fast if she fears harm to herself or the child, and must make up the days; whether a ransom (fidya) is due is disputed. 2

Marriage and divorce

The Shafiis and Hanafis allow a pregnant woman of unlawful union to marry; the Hanbalis require repentance, and the Malikis forbid marriage before birth. 3 4

A divorce of a pregnant woman is valid, revocable or final. 4

Waiting period and maintenance

The waiting period of a pregnant woman ends with the birth, in the view of most jurists. A pregnant divorcee is maintained until she gives birth. 4 5

Penalties and injury

Penalties are not carried out on a pregnant woman until she gives birth. A blow that causes a stillborn foetus requires a ghurra, the value of a slave or a female slave. 7 9

Death and burial

If a pregnant woman dies with a living foetus, the body may be opened to save the child, according to the Hanafi and Shafii views. 8

Animals

A foetus is slaughtered by its mother's slaughter according to most jurists. A pregnant animal is not taken as zakat, and a foetus cannot be included in a sale as a separate item. 10

People and things also explored

Fleshy growth in the wife's womb and the right to annul (afal)· The clot stage of the embryo (alaqa) and the rulings on its loss· Janin (the unborn child)· The death and burial of Fatima bint Muhammad· The dosing of the Prophet during his illness· The Big Sick· Taj Mahal· Abawan (the two parents)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6729
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6730
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6731
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6732
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6733
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6734
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6736
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6738
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6737
  10. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6740
Cite this page

islam.museum contributors. “Pregnant woman (hamil) in fiqh”. islam.museum, https://islam.museum/en/concept/hamil/. CC BY-SA 4.0. Last updated 2026-10-23.

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Fleshy growth in the wife's womb and the right to annul (afal)

In the lexicon, afal is a fleshy growth in a woman's genital passage, which arises after childbirth and not in virgins; some say it is a swelling that narrows the passage until penetration is impossible. Some jurists distinguish it from ratq, a closure from birth; both are defects that give an option to end the marriage. The Malikis and Hanbalis hold that it gives the husband an option to annul the marriage, since it defeats the marriage's main purpose; Abu Hanifa and Abu Yusuf hold that neither spouse has such an option. The Shafi'is count ratq and qaran, another closure, as defects peculiar to women that give the option.