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RULING ON ABORTING A DEAD FOETUS

All praise be to Allah.

Abortion is a sin but if it is proven without any doubt that the foetus has died in the mother's womb from the reports of trustworthy doctors, then there is nothing wrong in aborting itand there is no son on the parents for that.

Hoever it must be noted that if the abortion is done before the pregnancy has reached 4 months then the foetus is not to be named and there is no need to perform the aqeeqah. It is not required to wash and no funeral prayers are to be said. This is because before that stage, the soul has not been breathed into it.

The scholars of the Standing Committee for Issuing Fatwas were asked:

I have a wife and Allah has blessed us with six children, praise be to Allah. After that my wife got pregnant five times, and miscarried at two or three months in the hospital. Each time she started to bleed and I took her to the hospital, where they put her to sleep (general anaesthetic) and “cleaned” her uterus (“d&c”). I do not know what they did with the foetus. Should I have buried it or not? If there is anything I should do about burying them, please advise me. Do I have to name them?

They replied:

If the pregnancy did not reach four months, the foetus should not be washed, prayed for (funeral prayer), or named, and no ‘aqeeqah should be done for it, because the soul had not been breathed into it.

And Allah knows best.

Fataawa al-Lajnah al-Daa’imah, 8/408.

But, if the abortion takes place after 4 months in pregnancy than the foetus must be named, washed, aqeeqah must be done and funeral prayer too must be performed.

And Allah knows best.

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