Bismillāhi Raḥmāni Raḥīm
Date: 10th Rabbiu- Thānni, 1442 A. H /24th December, 2020
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Lesson: 110
Topic: *"Inheritance of Unborn child (Foetus/Fetus) under Islamic Law":Part 1*

Salām Alaykum Warahmatullāh Wabarakātuh,
Dear Participants,

Today, Insha Allah, we are starting a topic that has generated some arguments among the Muslims especially in non-Shari'ah nations; that is, the inheritance of unborn child.
It must be noted that prior to the revelation of the Qur'anic inheritance verses, many legal heirs are ostracised from inheriting but, as Allah pronounced in Q4:7, both legal male and female heirs, either old or young are all eligible to inherit from whatever is left behind as properties by their blood relatives under different circumstances.
Therefore, what would be the fate of an unborn child whose father died before he or she is delivered alive? Is there any provision or legal standing as regards their inheritance? Must we share the deceased's estate and abstractly apportion a share to the unborn child based on the revealed gender status deduced from the technological advancement before the foetus is born? These and more are salient the questions needed to be answered insha Allah.

To start with, who is an unborn child (foetus/fetus)?
Medically, a conceived human being between 1st and 8th weeks of existence is known as *embryo* while the embryo that has lived more than eight weeks is known as *Foetus or Fetus* Therefore, the developing baby inside the woman'swomb *(Uterus)* is termed *Fetus*, a term medically and academically preferred to *Foetus*.
Furthermore, an unborn child is consider to develop into a complete human being within 38-40 weeks in which the mother is termed a pregnant or an expectant woman.
The fetus is known as *Al-Janeen- الجنين* in Arabic terminology and under Islamic law, a fetus is considered a legitimate heir once his or her consumation was borne out of Halal co-habitation by the legal couples.
Now, would the fetus inherit while in the womb or we delay the inheritance until his or her escape from the womb?

Insha Allah, we continue in the next class

Jazākumullāhu Khayran for reading today’s lesson.

*Yours in Islām*
*©Busari Muhammad Jamiu (Abū ‘Ᾱishah)*
*The Founder/Instructor*
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