Is it permissible to cut open the abdomen of a deceased woman to extract a living fetus?
General Chapter
Al-Mughni
Book of Funerals
Primary text
The established position (Al-Madhhab) is that the abdomen of the deceased, whether Muslim or non-Muslim, must not be cut open to extract the fetus. Midwives (Qawabil) should only remove the child if they ascertain its life through movement. If there are no women available, men must not cut her open; she must be left until her death is certain, and then she is buried. This view is close to the positions of Malik and Ishaq. The evidence against incision is that this child usually does not survive, and certainty of life is absent, thus making it impermissible to violate the certainty of the deceased's sanctity for a mere possibility. The Prophet stated, 'Breaking the bone of the deceased is like breaking the bone of the living,' and incision constitutes mutilation (*Muthlah*), which is forbidden.
Supporting text
The position of Ash-Shafi'i allows the abdomen to be cut open if it is strongly believed the fetus is alive, as this constitutes damaging a part of the deceased to preserve a living being, analogous to cases where part of the child emerges alive and the rest can only exit via incision. If some of the fetus emerges alive and requires incision for the rest, incision is performed. If the fetus dies at that stage, it is removed and washed. If washing is impossible, it is left, and only the mother is washed; whatever part of the fetus emerged is treated as external, while the remainder is treated as internal and does not necessitate Tayammum.