Inheritance Rights of a Stillborn Child: Islamic Perspective and Ruling

Does a Stillborn Child Have a Share in Inheritance? Understanding the Islamic Ruling

Question: There is a hadith in Tirmidhi and Ibn Majah that says when a child shows signs of life at birth, their funeral prayer is performed, and they are entitled to inheritance. Does this apply to a child who is over four months (120 days) in the womb? For example, if the child is 130, 140, or 150 days old and is stillborn, would they have a share in the inheritance?

Answer: For inheritance, the condition is that the child must be born alive. Only if the child is born alive will they be entitled to inheritance. If the child is stillborn, they are not entitled to any share in the inheritance, regardless of whether the child’s development in the womb was complete.

Respondent: Sheikh Maqbool Ahmed Salafi Hafizahullah 

Jeddah Dawah Center, Saudi Arabia  

Interpreter: Hasan Fuzail

Author: IslamicHelper

IslamicHelper

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