Is there a soul in a fetus that died at twelve and a half weeks, and must it be buried in Muslim cemeteries, or is it permissible to hand it over to the hospital, and if it must be buried, is charity obligatory?
May Allah grant you the best of solace for the child, and advise his mother to be patient and seek her reward from Allah. The miscarried fetus must be buried if some of its human features are evident, and your child is even more deserving of this, as burial is obligatory. It is not permissible to hand him over to the hospital; rather, he must be buried in a Muslim cemetery, and it is not permissible to bury him in a disbeliever's cemetery. His burial is obligatory, while charity is recommended, so charity is not equal to the obligation of burial. Charity is not obligatory upon you, and if the child was stillborn, then blood money is not required for intentionally aborting him.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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