Fatwa ID: 04810 

Answered by: Maulana Syed Johir Miah

Question

If the baby passed away in the mother’s stomach and the mother passed away two hours later, does the stomach have to be cut open to remove the baby?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

It is mentioned in the fatawa of Imam Abul Layth (ra), regarding a woman who passed away and it is well known what is in her stomach (the baby) is alive, then surely her stomach will be split open from the right side. Likewise, when the predominant view of the people is that the baby is alive then the stomach of the woman will be split open. (1)

Likewise, it is mentioned in Al-Muhit. (2) 

In the aforementioned scenario, the mother’s stomach will not have to be cut open to remove the baby since the baby is not alive.

Only Allah knows best

Written by Maulana Syed Johir Miah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

_____________________________

(1) Fatawaa Alamghir, 360/5, Darul Fikr, Beirut. Second edition, 1310 Hijri.

(2) Al-Muheetul Burhanee, 380/5, Darul Kutub Al-Ilmiyyah. First Edition, 2004.