* * *
Book Four: Compensation (diye)
* * *
Section Twelve: Compensation (diye) for miscarriage
Article 487. Compensation (diye) for miscarriage is according to the classification below:
1) compensation (diye) for semen which was established in the uterus: 20 dinars;
2) compensation (diye) for an embryo which is coagulated blood: 40 dinars;
3) compensation for a foetus which has attained the shape of flesh: 60 dinars;
4) compensation (diye) for an embryo at a phase when it has attained the shape of bone but the flesh has not yet grown: 80 dinars;
5) compensation for an embryo in which the connected flesh and bones are complete but life is not yet present: 100 dinars;
Note: In the above stages there is no difference between a male and a female child.
6) Compensation (diye) for a miscarried infant in which life is present. If it is a male, full compensation (diye) is paid, and if it is a female half of full compensation (diye); if its sex is indeterminate, three-quarters of full compensation (diye) is to be paid.
Article 488. If the foetus dies or is aborted as a result of the death of the mother, the compensation (diye) for a foetus at whatever stage of development it may be is increased by the compensation (diye) for the mother.
Article 489. If a woman aborts her own child, the compensation (diye) for it at whatever stage of development it may be is to be paid; but she herself shall not receive any part of the compensation (diye).
* * *
Law of Jun. 15 June 2005.
Single Article—Permission for an abortion shall be issued only if three expert physicians decide, and the coroner’s office approves, that the fetus has symptoms of mental retardation or some physical abnormality that makes the life of mother miserable and/or that a certain disease is seriously threatening and endangering the life of the mother, that the infant is less than four months old, and that the mother agrees to the abortion. Under these terms, the physician performing abortion is free from responsibility or penalty of any kind.
Deviation from this article makes parties subject to penalties specified in the Law on Islamic Penalties.
The above article has been ratified in the public session held on Tuesday 31 May 2005 in the Islamic Council Majlis and has been approved by the Guardian Council on 15 June 2005.