Removing the foetus from the womb of a deceased mother

Q. A pregnant woman is terminally will. The doctors estimate that she may live for a few more weeks due to the nature of the terminal illness. What must be done if she passes away if the baby is alive in her womb? Should the baby be taken out from her womb or should the baby be left in her womb and buried with her? Please advise.

A. If the foetus is alive in the womb of the mother after she passes away and there is a strong possibility that the foetus is expected to survive if it is removed from the womb, the foetus must be removed from the womb of the mother in order to preserve the life of the foetus.

Allah Ta’ala states: Whoever saves the life of a person, it as if he has saved the life of the whole of humankind. (Surah Maaidah 5/32)

However, if the foetus is not alive in the womb or if there is no possibility of the foetus surviving if it is removed from the womb, the foetus cannot be removed and should be buried with the mother. (Badaai-us-Sanaai’ 5/130)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa