Fatwa ID: 04737

Answered by: Mufti Eunus Ali

Question:

We recently lost our daughter at 128 days of gestational age. In line with the rulings for children of this age, we organized an established Muslim funeral director to help us with ghusl and the shrouding in preparation for burial. However, at the time of the ghusl, the funeral directors advised that she was too small and frail and that even passing water over her lightly would cause her skin to break away and damage the remains. At the time I didn’t know that in this instance tayammum may be an option and she was buried without ghusl/tayammum.

Was this wrong of us? I can see that this is an important right the baby had over us which was not fulfilled and it is now causing great discomfort knowing this.

In the name of Allah, the Most Gracious, the Most Merciful

Answer

Generally speaking, the fatwa given by the scholars is if the fetus has been miscarried the ghusl will be given.[1]

When this is not possible the alternative would be to perform tayammum.[2]

However, there is a difference of opinion amongst the scholars in regards to the obligation of giving the ghusl to the miscarried fetus.

Imam Abu Yusuf holds the opinion the miscarried child will be given the ghusl. The general fatwa is based on this opinion.

Imam Abu Hanifah, Imam Muhammad in one narration, and Imam Al-Karkhi are of the opinion that the ghusl will not be given.[3]

Although the fatwa is generally not based on this opinion it can be adopted in extreme circumstances more so when advised by the funeral directors that washing the body would be harmful to the body.

In the meantime, if there is a feeling of discomfort you may turn to engage in the remembrance of Allah through the recitation of the Quran, taubah, and giving charity.

Finally, we make dua that Allah grants you patience and acceptance in the decision of Allah.

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham

[1] Al Fatawa Al Hindiyyah, Volume 1, Page

[2] Fatawa Mahmoodiyah, Volume 8, Page 502, Jamiah Farooqiyyah

[3] Badai As-Sanai, Volume 2. Page 312, Darul Kutubul Ilmiyyah