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Should the foetus of a baby be removed from the womb of a mother who has passed away?

 

Nasihah (Advice): True Life is the Life of the Hereafter

 

Rasoolullah Sallallahu Alayhi Wasallam said: “O Allah, there is no true life but the life of the Hereafter. So, forgive the Muhaajireen and Ansaar.” (Sahih Bukhari)

______________________________

 

Question and Answer:

 

  1. 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.

 

(Question published as received)

 

  1. A) If the foetus is alive in the womb of the mother after she passes away and the medical opinion is that the foetus is expected to survive if it is removed from the womb, the foetus must be removed from the womb 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, then the foetus should not be removed and should be buried with the mother. (Badaai-us-Sanaai’ 5/130)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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