22nd October 2015
السلام عليكم و رحمة الله و بركاته
Questions
- 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?
- Is communal burial ok i.e to bury in a grave altogether?
- 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?
- 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
Answer
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