Remains of waste tissues after surgical operations and natural deliveries must be disposed of because they are a danger to public health. These are usually placed into biohazard containers and sent to hospital`s medical waste incinerator. They are treated with a maximum caution and got rid of by thorough burn. In addition, miscarried human fetuses are handed to their families to be buried properly. Are these procedures valid from the perspective of Sharia?
Answer:
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The majority of the scholars stated that it is recommended to bury whatever is detached from human body, such as nails, hair, and blood. An-Nawawi said, "Our fellow scholars said, "Burial isn`t restricted to limbs of a dead person. Rather, it applies to every part detached from a living person, such as nails, hair, blood, and other parts, which are recommended to be buried. The same goes for the embryonic lump, the clot of congealed blood, and blood. In fact, burying these is honoring man, as reflected in the following verse: "We have honoured the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favours, above a great part of our creation." {Al-Isra`, 70}. Honouring man entails burying all his/her amputated limbs to spare them getting dishonored, be it intentional or not. In addition, burying is cleaner for the environment and prevents pollution.
However, if these limbs are a danger to public health, it is permissible to send them to the incinerator or dispose of them by other means since burying them is recommended, not obligatory, according to the majority of the scholars. Therefore, burying is better unless incineration is the only method to ward off the danger of these waste tissues; in which case incineration is permissible and a person doesn`t incur sin for it.
As for handing miscarried human fetuses to whom they belong, this is a priority and the best course of action and allows their families to bury them according to Sharia. For more details, kindly check fatwa No. (537). And Allah the Almighty knows best.