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Ruling on Salat al-Janazah for a Miscarried Fetus after Four Months

Shar‘i Ruling on Salat al-Janazah for a Miscarried Fetus after Four Months


Taken from: Fatāwā Arkān-e-Islām


Question


A woman miscarried in the sixth month of pregnancy. She was engaged in physically strenuous work while also fasting during Ramadan. She suspects that perhaps her hard lifestyle caused the miscarriage. The child was buried but Salat al-Janazah was not performed.
What is the ruling if a pregnancy ends after four months or more and the Janazah prayer is not offered?
Also, what should be done about the doubts and anxieties the woman is experiencing?


Answer


Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā Baʿd:


If the Pregnancy Has Reached Four Months (120 Days) or More


  • Once the fetus reaches four months, the rūḥ (soul) is breathed into it.
  • This is proven by the narration of ʿAbdullāh ibn Masʿūd رضي الله عنه:

«إِنَّ أَحَدَكُمْ يُجْمَعُ خَلْقُهُ فِي بَطْنِ أُمِّهِ أَرْبَعِينَ يَوْمًا نُطْفَةً، ثُمَّ يَكُونُ عَلَقَةً مِثْلَ ذَلِكَ، ثُمَّ يَكُونُ مُضْغَةً مِثْلَ ذَلِكَ، ثُمَّ يُبْعَثُ إِلَيْهِ المَلَكُ فَيُنفَخُ فِيهِ الرُّوحُ»
(Ṣaḥīḥ al-Bukhārī, Ḥadīth 3208; Ṣaḥīḥ Muslim, Ḥadīth 2643)


Meaning: The fetus passes through stages of 40 days each (nutfah → ʿalaqah → muḍghah) totaling 120 days, then the angel comes to blow in the soul.


Rulings if Miscarriage Occurs after Four Months


If the miscarriage happens after this period:
◈ The fetus must be given ghusl.
◈ It must be shrouded (kafan).
◈ Salat al-Janazah must be performed.
◈ It will be resurrected with the people on the Day of Judgment.


If Miscarriage Occurs before Four Months


◈ No ghusl.
◈ No kafan.
◈ No Salat al-Janazah.
◈ It may be buried anywhere, as it is still a piece of flesh, not yet a human with a soul.


Specific to the Case in Question


  • Since the pregnancy was six months, ghusl, shrouding, and Salat al-Janazah were obligatory.
  • As it was missed:
    • If the grave is known, Salat al-Janazah should be performed at the grave.
    • If the grave is unknown, Salat al-Janazah in absentia (ghā’ib) should be performed.
    • Even one person offering the Janazah prayer is sufficient.

Addressing the Mother’s Doubts and Anxieties


The thought that the miscarriage was due to her work or fasting is not a valid assumption. Such doubts must be avoided because:
◈ Many pregnancies end naturally in the womb.
◈ In such cases, there is no Shar‘i blame on the mother.
◈ These whispers only disturb life and must be ignored.
 
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