Fatwa ID: 02394
Answered by: Molana Javed ibnNazir Kachhalia
Assalamualaikum Sheikh. I pray you are in the best of states.
My question is regarding foetus burial rights.
As I understand, a still born which is 4 months+ should be washed.
Is this washing the same as for an adult deceased or is it a simplewash.
The reason I ask, is because many of the stillborns I have seen at that age are very difficult to wash either due to being very small or newly
formed skin which is still slightly jelly like.
Would pouring water over the baby a few times suffice?
Also, if a deceased arrives at the cemetery, which for some reason has not had ghusl performed, should we go ahead and bury, or should weinstruct the family to return another day. I have had instances were a
family either due to ignorance or other issues have brought a body whichhad not been washed. By instructing them to return after washing, couldresult in a delay of a day.
May Allah reward you greatly for your time.
Waalaikum al salam
بسم الله الرحمن الرحيم
In regards to the aforementioned questions;
- In a scenario that there was a miscarriage or a born baby who has died, the ruling is:
“If some parts of the body have been formed but not the complete body has been formed, then it will be sufficient to pour water over the incomplete body that has been formed (The MasnoonGhusal and washing is not required). Then it should be wrapped in a piece cloth and bury it. If the full body was form and was complete then the MasnoonGhusal and will be given, name will be given. If the scenario was that if the parts were completed form and when born was alive for even one second and then died, the child will be given a name, masnoonghusal will be given, proper shrouding will be done and JanazahSalaah would be perfomed. (AhsanulFatawa, Vol 4, Pg 206, Yahya Book Depot)
The same ruling can be found in ‘FatawaHindiyyah, Vol 1, Pg 174, DarulKutubAlamiyyah)
- To bath the deceased is a compulsory act upon the community, and if few people from the community took part in bathing the deceased and give ghusal this will suffice. (FatawaHindiyyah, Vol 1, Pg 173, DarulKutubAlamiyyah)
From the above statement is clear that we need to give ghusal to the deceased.
Only Allah knows best.
Written by Molana Javed ibnNazir Kachhalia
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham