Foetus And Stillborn

vivid_flowers-wideA foetus is generally considered to be child at the second stage of development during pregnancy.

A stillborn is referred to a child that has passed away in the womb and is born deceased.

The age at which foetus is classified legally as a child is 24 weeks. If a child is born before the 24th week of pregnancy  no legal formalities are applied. If however the child is delivered at or after the 24th week of pregnancy then all legal formalities are applied.

As a result of a miscarriage should a foetus have no limb formation visible, then do not perform Ghusl (bath) or Kafn (shroud), merely wrap the foetus in a cloth and bury it at the cemetery following the appropriate burial procedure.

If as a result of a miscarriage the foetus has limb formations visible i.e. Hands, legs, feet etc. then the foetus will be given Ghusl (bathed) the Kafn (shroud) however should not be as formal: merely wrap the foetus in a piece of clean cloth; give the foetus a name and bury it without Janazah Salaat.

In the case of a stillbirth (where no signs of life were present at birth), although the baby will be given Ghusl (bathed) the Kafn (shroud) again should not be as formal: merely wrap the stillborn in a piece of clean cloth; give the child a name and bury it without Janazah Salaat.

At time of birth, should only the head emerge and signs of life were noticeable before death, the same ruling applies as for stillborn. It should be noted that if more than half the body emerges and the child lives before dying, then it will be considered as if born alive. Half the body implies emergence of the top torso up to chest (if a head-first delivery) and up to navel (if feet-first delivery)

For burial procedures for Foetus and Stillborn please contact MBCOL