Burying a Foetus

22nd October 2015

السلام عليكم و رحمة الله و بركاته


  1. What does Islam say in regards to a foetus born before 24 weeks pregnancy, should we allow the hospital to bury it or bury it straight away yourself?
  1. Is communal burial ok i.e to bury in a grave altogether?
  1. If a baby dies soon after birth and does breath can this baby go in a communal grave or does it have to be a separate grave?
  1. If a foetus or a baby requires to be buried then should this be done straight away or can it be left for 4-12 weeks as some hospitals do?


الجواب حامداً و مصلياً

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



1: In reference to your query, if the hospital gives you the legal right to take the foetus and bury it yourself then you should do so and bury it straightaway.


2: Yes a communal burial is permissible. Note that no ritual bath, shrouding and Janazah Salāh apply to a foetus.


3: It can be and should be buried in a communal grave. Just to note that any baby delivered showing signs of life before dying must be named, given a ritual bath and shrouded. Thereafter, Janazah Salāh must be performed on it.


4: It should be buried straight away. Unnecessary delay in the burial is makrooh (disliked).


[Allãh Knows Best]



Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department