Ruling on extracting the foetus from a dead woman

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One of our brothers/sisters has asked this question:
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?
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Praise be to Allaah.

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.

Whatever written of Truth and benefit is only due to Allah's Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

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