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Ruling on extracting the foetus from a dead woman

Question: 11553

If a
woman dies when she is pregnant, and the doctors state that the foetus in
her womb is still alive, is it permissible to perform surgery on her to
remove the foetus?

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

If the woman has died and there is a foetus in her womb, it is most likely that he has died too. If he is still alive, he will not live for more thana few moments. But if we assume that this case (described in the question) is true, and it is possible to save the child’s life by opening the mother’s abdomen, then the Hanbalis have stated that it is OK to do this, if there is the certainty that the child can be brought forth alive from his mother’s womb. They said: her abdomen should be cut open and the child brought out alive, then her abdomen should be stitched up, then she should be buried. And Allaah knows best.

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Source

From Fataawa Samaahat al-Shaykh ‘Abd-Allaah ibn Humayd, p. 174

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