For Women Not Fasting During Ramadan Due to Pregnancy
This is a question that consistently reaches us, as many women are forced to skip fasting during Ramadan due to pregnancy. Certainly, this is one of the valid excuses (udzur syar’i) for not fasting, and they bear no sin for it. However, what must a woman do if she misses her Ramadan fast due to pregnancy? This is considering some people believe that pregnant women only need to pay fidyah (feeding the poor) for each missed day—without the obligation to make up the fast (qadha)?!
It should be noted that the notion of paying only fidyah for pregnant women was never mentioned by a single scholar from the four schools of thought (madzhab). This means such an opinion contradicts the four famous schools followed by the Muslim ummah in jurisprudence since the early days. How beautiful are the words of Imam Ahmad as narrated by Maimuni:
قَالَ لِي أَحَمَدُ بْنَ حَنْبَلَ: يَا أَبَا الْحَسَنِ، إِيَّاكَ أَنْ تَتَكَلَّمَ فِي مَسْأَلَةٍ لَيْسَ لَكَ فِيهَا إِمَامٌ
“Ahmad bin Hanbal said to me, 'O Abul Hasan, beware of speaking (opining) on a matter in which you have no imam (precedent scholar).'" (Reported by Ibn Al-Jauzi in Manaqib Al-Imam Ahmad, 1/245)
So, what are the views of the scholars on this? The scholars of the four schools agree that pregnant women are obligated to make up (qadha) the missed fasts (1). They only differ on whether a pregnant woman also needs to pay fidyah in addition to making up the fast or not.
1. The First Opinion: Making up the Fast Only
It is sufficient to only perform qadha. This applies whether the woman does not fast because she fears for her child only, or because she fears for both herself and her child. This is the agreed-upon opinion in the Hanafi school (2), the famous view in the Maliki school (3), and the view of Al-Muzani (a student of Ash-Shafi'i) (4), Al-Auza'i, Layth bin Sa'ad, Sufyan At-Thawri (5), and chosen by Ibn Al-Mundzir from the Shafi'is (6), one of the opinions of Ash-Shafi'i (7), and Ibn Al-‘Uthaymeen (8) from the Hanbali school.
Al-Marghiyani Al-Hanafi stated:
وَالْحَامِلُ وَالْمُرْضِعُ إِذَا خَافَتَا عَلَى أَنْفُسِهِمَا أَوْ وَلَدَيْهِمَا أَفْطَرَتَا وَقَضَتَا دَفْعًا لِلْحَرَجِ وَلَا كَفَّارَةَ عَلَيْهِمَا لِأَنَّهُ إِفْطَارٌ بِعُذْرٍ وَلَا فَدْيَةَ عَلَيْهِمَا
"A pregnant and breastfeeding woman, if she fears for herself or her child, may break her fast and make it up to avoid hardship. There is no expiation (kaffarah) upon her because it is breaking the fast with an excuse, and there is no fidyah upon her." (Al-Hidayah fi Syarhi Bidayah Al-Mubtadi, 1/124)
Ibn Qasim Al-Maliki stated:
وَقَالَ مَالِكٌ فِي الْحَامِلِ: لَا إطْعَامَ عَلَيْهَا وَلَكِنْ إذَا صَحَّتْ قَوِيَتْ قَضَتْ مَا أَفْطَرَتْ
"Malik said concerning the pregnant woman: There is no fidyah upon her. However, when she becomes healthy and strong, she must make up what she missed." (Al-Mudawwanah, 1/278)
An-Nawawi Ash-Shafi'i stated:
وَنَصَّ فِي الْبُوَيْطِيِّ عَلَى وُجُوبِ الْفِدْيَةِ عَلَى الْمُرْضِعِ دُونَ الْحَامِلِ فَحَصَلَ فٍي الْحَامِلِ قَوْلَانِ...
"It is stated in (the work of) Al-Buwayti regarding the obligation of fidyah for breastfeeding women but not for pregnant women. Thus, there are two opinions regarding pregnant women... Ash-Shafi'i affirmed in another place that fidyah is not obligatory for either of them, but rather it is only recommended." (Al-Majmu’ Syarh Al-Muhaddzab, 6/267)
Although the relied-upon (muktamad) Shafi'i opinion mandates fidyah alongside qadha for a pregnant woman who is capable of fasting but chooses not to solely out of fear for her child, Al-Muzani critiqued and refuted that view of Ash-Shafi'i:
كَيْفَ يُكَفِّرُ مِنْ أُبِيحَ لَهُ الْأَكْلُ وَالْإِفْطَارُ وَلَا يُكَفِّرُ مَنْ لَمْ يُبَحْ لَهُ الْأَكْلُ فَأَكَلَ وَأَفْطَرَ...
"How can an expiation be required from someone for whom eating and breaking the fast was permitted, while no expiation is required from someone for whom eating was not permitted but they ate anyway? By analogy (qiyas), a pregnant woman is like a sick person or a traveler; for everyone allowed to break the fast, the analogy is the same." (Mukhtashar Al-Muzani, 1/55)
The evidence for this opinion is the hadith of the Prophet ﷺ:
إِنَّ اللَّهَ عَزَّ وَجَلَّ وَضَعَ عَنِ الْمُسَافِرِ شَطْرَ الصَّلَاةِ، وَعَنِ الْمُسَافِرِ وَالْحَامِلِ وَالْمُرْضِعِ الصَّوْمَ أَوِ الصِّيَامَ
“Indeed, Allah 'Azza wa Jalla has relieved the traveler of half of the prayer, and relieved the traveler, the pregnant woman, and the breastfeeding woman of the fast.” (Narrated by Abu Dawud: 2408, At-Tirmidzi: 715, and Ibn Majah: 1667 from Anas bin Malik).
This hadith explicitly equates the ruling of pregnant/breastfeeding women with that of the traveler regarding fasting, which requires only qadha. Additionally, there is the analogy (qiyas) that a pregnant woman is equated to a sick person.
2. The Second Opinion: Distinguishing the Reason for Not Fasting
If the pregnant woman does not fast due to fear for her own safety and the child's, or her safety alone, she is only obligated to make up the fast (qadha). However, if she is strong and capable of fasting but abstains solely out of fear for the fetus—not her own health—she must perform qadha and pay fidyah. This is the relied-upon (muktamad) opinion in the Shafi'i school (9) and the opinion of the majority of the Hanbali school (10).
An-Nawawi Ash-Shafi'i stated:
قَالَ أَصْحَابُنَا: الْحَامِلُ وَالْمُرْضِعُ إنْ خَافَتَا مِنْ الصَّوْمِ عَلَى أَنْفُسِهِمَا أَفْطَرَتَا وَقَضَتَا وَلَا فِدْيَةَ عَلَيْهِمَا كَالْمَرِيضِ...
“Our companions (Shafi'is) said: If a pregnant or breastfeeding woman fears for herself, she may break the fast and make it up without fidyah, just like a sick person. There is no disagreement on this... If she fears for the child and not herself, she must break the fast and make it up... and regarding fidyah, there are three opinions, the most correct being the obligation of fidyah.” (Al-Majmu’ Syarh Al-Muhaddzab, 6/267)
Ibn Qudamah Al-Hanbali stated:
وَجُمْلَةُ ذَلِكَ أَنَّ الْحَامِلَ وَالْمُرْضِعَ، إذَا خَافَتَا عَلَى أَنْفُسِهِمَا، فَلَهُمَا الْفِطْرُ، وَعَلَيْهِمَا الْقَضَاءُ فَحَسْبُ...
“The summary is that if a pregnant or breastfeeding woman fears for herself, she may break the fast and only qadha is due. We know of no disagreement among scholars on this... If she fears only for the child, she may break the fast and must qadha and feed a poor person for each day.” (Al-Mughni, 3/149)
The evidence for this view is the analogy of a woman fearing for herself with a sick person, and the analogy of a woman fearing only for her child with an elderly person who can no longer fast, but adding qadha because she is physically capable but abstains for another's sake. This opinion combines the hadith used in the first opinion with the narration (atsar) of Ibn Abbas:
كَانَتْ رُخْصَةً لِلشَّيْخِ الْكَبِيرِ وَالْمَرْأَةِ الْكَبِيرَةِ... وَالْحُبْلَى وَالْمُرْضِعُ إِذَا خَافَتَا
“That verse (Al-Baqarah: 184) was a concession for the elderly man and woman... and also for the pregnant and breastfeeding woman if she fears (for the child).” (Narrated by Abu Dawud: 2318)
3. The Third Opinion (Informational only)
This opinion claims that a pregnant woman only needs to pay fidyah without qadha. This is an opinion outside the four schools, narrated from Ibn Umar and Ibn Abbas. However, no scholar after them followed this except Ishaq bin Rahuyah (12). This opinion is considered weak because it contradicts the consensus of the four schools and the general command of the Qur'an:
فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ
“...So whoever among you is ill or on a journey [during them] - then an equal number of other days [must be made up].” (QS. Al-Baqarah: 184)
4. The Fourth Opinion (Informational only)
Neither qadha nor fidyah is required. This is the view of the Zahiri school (Ibn Hazm). This is considered an eccentric (shadh) opinion that contradicts the consensus (ijma') and has no precedent among the salaf.
Conclusion
For those seeking the safest path and wishing to avoid scholarly dispute, the second view (Shafi'i and Hanbali) can be followed. If fidyah is not actually required, it remains a beneficial charity. However, we lean toward the first opinion: that only qadha is required. This is supported by analogy to the Qur'an, the hadith of the Prophet ﷺ, and is the view of the majority of master jurists like Abu Hanifah, Malik, At-Thawri, and others. Wallahu a’lam.
Sumber Referensi:- Ibn Hubairah in Ikhtilafu Aimma Al-Ulama 1/239
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Ath-Thahawi in Mukhtashar Ikhtilaf 2/17, Al-Kasani in Badai’ As-Shanai’ 2/97
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Ibnul Jizzy in Al-Qawanin Al-Fiqhiyyah 1/82, Al-Kharasyi in Syarh Mukhtashar Khalil 2/261
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Al-Muzani in Mukhtashar Al-Muzani 1/153
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Cited by Ibn Al-Mundzir in Al-Isyraf 3/151 and Ibn Abdil Barr in Al-Istidzkar 3/365
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Al-Isyraf fi Madzahib Al-Ulama 3/151
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As cited by An-Nawawi Ash-Shafi'i in Syarh Al-Muhaddzab 6/267 from Abu Ali Ath-Thabari, that Ash-Shafi'i mandated qadha for pregnant women absolutely and only recommended performing fidyah, not making it obligatory. Similarly, this is cited from Al-Buwaitihi, although some Shafi'i scholars deny that this citation originated from Ash-Shafi'i.
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Asy-Syarh Al-Mumti’ 6/349-350
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An-Nawawi in Minhaj At-Thalibin 1/78 and Raudhat At-Thalibin 2/383
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Ibn Muflih in Al-Mubaddi’ fi Syarh Al-Muqni’ 3/15, Al-Mardawi in Al-Inshaf 3/290
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Such as Said bin Jubair and Qatadah in Mushannaf Abdur Razzaq 4/216. However, other students of Ibn Abbas, such as Ikrimah and Atha, disagreed with Said bin Jubair on this matter. See Mushannaf Abdur Razzaq 4/218.
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Cited by At-Tirmidzi in Sunan At-Tirmidzi 2/82. Ishaq bin Rahuyah gave the choice of whether to perform qadha or pay fidyah.
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Al-Muhalla bi Al-Atsar 4/410
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