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FatwaFederal TerritoriesFunerals & Death

AL-KAFI #366 : ADAKAH JANIN YANG GUGUR PERLU DISOLATKAN?

Must a miscarried fetus at six months be washed and given the funeral prayer?

Short answer

If a fetus is born after four months and shows signs of life such as a cry (istihlal) before dying, scholars agree it is washed, prayed over, shrouded and buried.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Funerals & Death

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

If a fetus is born after four months and shows signs of life such as a cry (istihlal) before dying, scholars agree it is washed, prayed over, shrouded and buried. If it is miscarried before four months without istihlal, washing and the funeral prayer are not obligatory, and it is simply wrapped in cloth and buried. For a fetus born after four months without signs of life, scholars differ: al-Shafie's earlier opinion is that it is prayed over, while his later opinion is that it is not. This fatwa leans towards it being recommended to wash it and perform the funeral prayer.

Written in our own words from the original fatwa — check the source before acting on it.

Jika kandungan tersebut gugur sebelum 4 bulan dan tiada istihlal, maka tidak diwajibkan untuk dimandikan atau disolatkan.

Excerpt from the original fatwa · Federal Territories

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How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #366 : ADAKAH JANIN YANG GUGUR PERLU DISOLATKAN?”, 22 August 2016. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1335-al-kafi-366-adakah-janin-yang-gugur-perlu-disolatkan. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/is-miscarried-fetus-washed-and-prayed-over/

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Evidence cited

Books

  • al-Umm (al-Syafi'i)

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