Rules And Regulations Of Miscarriage

Image Credit: Mikael Tigerström

Question: What are the rules & regulations of miscarriage?

Bismillah wal-Hamdulillah was-Salatu was-Salam ‘Ala Rasulillah

May Allah make it easy for this sister and reward her and her family for being patient, and may He replace for her with something better.

Dead fetus can fall into one of the following categories:

1. The fetus cried, then died. Meaning, it was born with apparent signs of life, then it died. This funeral of this fetus is to be offered by agreement of scholars (Ibn Munzir) due to the general texts of praying funeral prayer of the Muslims.

2. The fetus was aborted before it reached four months, i.e. before the soul was breathed into it. Nawawi reported that by agreement of scholars, it’s funeral is not prayed. It is wrapped in a cloth and buried.

3. Fetus got aborted after reaching four months, but there were No signs of life in it at time of birth:

a. it’s janaza is not prayed according to majority of scholars

b. it’s janaza is to be prayed according to Imam Ahmad ibn Hanbal

Of the two, b. is stronger, i.e. it’s janaza is to be prayed for the following reasons:

i. it is a living being after the soul is breathed into it after four months

ii. it falls under the general texts of offering funeral prayer for Muslims

iii. the hadith of the Prophet, ‘The aborted fetus is prayed upon and du’a of forgiveness and mercy made for it’s parents.’ (Musnad, Abu Daud)

iv. Ibn Umar prayed for his son who was born dead

In addition to be janaza, the following is done for the fetus:

1. washed,

2. shrouded (put in a kafn)

3. given a name

4. aqiqa performed

As for the sister herself,

If the fetus had no human features, then her ruling is similar to blood of istihada, meaning:

  • she makes wudu‘ before every fard salah while she is bleeding
  • she can offer nafl before and after that fard salah with that wudu
  • she can recite Quran
  • she can fast
  • it’s safer that she makes up any missed prayers if she didn’t know the ruling

But, if the fetus had human features, then her blood is considered blood of nifaas. It’s maximum duration is forty days. Meaning, that if she continues to bleed after forty days, she should treat it as istihada and do what’s described above.

Also, if this period coincides with her regular period and is accompanied with cramps, etc, then she should treat it as menstrual blood and all it’s rulings will apply.

And Allah knows best.


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