‫بسم هللا الرحمن الرحيم‬

Laws of an Unformed, Stillborn and Neonatal Child

The table below shows the different conditions in which a miscarriage, stillbirth or neonatal birth can occur and the rulings
which are applicable to each condition regarding Nifās, Umm Walad, Oaths, ʿIddah, Janāzah, and Inheritance etc.

Scenarios Laws Laws

of Nifās, Umm Walad, Oaths, ʿIddah of Janāzah, Inheritance etc.

No human body part forms. No laws are applied. No laws are applied.
• Nifās rulings are applied. The body part must be:
• She will be considered as an • Washed.
A body part was formed but Umm Walad. • wrapped up in a cloth.
not the complete body. • Oath rulings are applied. • Buried.
• ʿIddah terminates if a divorce ➢ No name given.
was given during pregnancy. ➢ No ṣalāḥ performed
▪ No inheritance.

• Nifās rulings are applied. The body must be:

• She will be considered as an • Given a ghusl [wash].
A complete body was
Umm Walad. • wrapped up in a cloth.
formed but it was still born. • Oath rulings are applied. • Buried.
• ʿIddah terminates if a divorce ➢ Name is given.
was given during pregnancy. ➢ No ṣalāḥ performed.
▪ No inheritance.
A complete body was formed. • Nifās rulings are applied. The body must be:
• She will be considered as an • Given a ghusl [wash].
The head came out and
Umm Walad. • wrapped up in a cloth.
he/she cried but died before • Oath rulings are applied. • Buried.
most of the body was • ʿIddah terminates if a divorce ➢ Name is given.
delivered. was given during pregnancy. ➢ No ṣalāḥ performed.
▪ No inheritance.
Most of the baby was • Nifās rulings are applied. The body must be:
delivered and it was alive • She will be considered as an • Given a ghusl.
Umm Walad. • Shrouded in a kafn.
but died before it fully came
• Oath rulings are applied. ➢ Name is given.
out. • ʿIddah terminates if a divorce ➢ Ṣalāḥ is performed.
(Most of baby: From feet: till navel.)
was given during pregnancy. ▪ Inheritance rulings apply.
(Most of baby: From head: till full chest.)
Baby is fully delivered with • Nifās rulings are applied. The body must be:
• She will be considered as an • Given a ghusl.
any of the signs of life
Umm Walad. • Shrouded in a kafn.
(like a scream, heartbeat, • Oath rulings are applied. ➢ Name is given.
movement1 etc.) then dies • ʿIddah terminates if a divorce ➢ Ṣalāḥ is performed.
right away. (Neonatal) was given during pregnancy. ▪ Inheritance rulings apply.

Note: ʿAllāmah Shurunbulālī explains that where there is an ikhtilāf between ghusl and no ghusl what is meant by “no ghusl”
is no masnūn ghusl and what is meant by “ghusl” is normal wash.
And Allāh Taʿālā knows best.

1
Movement that proves life, even like the blinking of an eye. Some fuqahā state that opening or closing a fist is not considered. However, ʿAllāmah
Sindhi mentions some details. See references for further details. [Durrul Mukhtār, Taḥtāwī on Durr Vol.1 Pg.378, Raddul Muḥtār Vol.3 Pg.152-154,
Tawāliʿul Anwār Vol.2 Pg.641-643] www.sirajululum.com