Foetal rights and powers

When conception takes place, an individual comes into being, a separate entity. An individual with his own body, soul, rights.

Unfortunately, some lose their babies before they come in this world; in the form of miscarriages etc. But little is known about the rights which the foetus had. Let’s explore these in the light of Islam.

If the unborn baby dies after 4 months or 120 days of pregnancy, the soul was breathed into him and he thus, has the following rights:
1. The foetus needs to be washed and shrouded.
2. The funeral prayer should be offered for him.
3. He should be given a name.
4. Aqeeqah should be performed on his behalf.

Noteworthy is the authority that Allah gave the miscarried foetus:

1. Abu Moosa al-Ash’ari (R) narrated that the Prophet (S) said:
“When the child of a person dies, Allah says to His angels: ‘You have taken the soul of the child of My slave?’
They say: ‘Yes.’
He says: ‘You have taken the apple of his eye?’
They say: ‘Yes.’
He says: ‘What did My slave say?’
They say: ‘He praised You and said Inna Lillaahi wa innaa ilayhi raaji’oon.’
And Allah says: ‘Build for My slave a house in Paradise, and call it the house of praise.’”
(Tirmidhi: 1021)

2. Mu’aadh ibn Jabal (R) narrated that the Prophet (S) said:  “By the One in Whose hand is my soul, the miscarried foetus will drag his mother by his umbilical cord to Paradise, if she (was patient and) sought reward (for her loss).” (Ibn Maajah: 1609).

Hence, even if inside the womb, the foetus is regarded as a human being and a soul and needs to be treated with respect and dignity in Islam, it certainly cannot be aborted under any circumstances after the soul is breathed into it.