Praise be to Allaah.
It is permissible if there is an interest to be served by
that and it will not cause a greater evil, and that is not regarded as
mutilation. What our companions [i.e., the Hanbalis] said is well known.
They said that if a pregnant woman dies and there is a living child in her
womb, it is haraam to open her abdomen, but some women (midwives) should try
manually to bring out the foetus who it is hoped might live. If that is not
possible, then she should not be buried until the one who is in her womb had
died too. If (the child) has been partially born and is alive, then a cut
may be made in order to birth the rest of him. This is the view of the
fuqaha’, based on the view that this is mutilation by cutting, and the basic
principle is that mutilating the deceased is haraam, unless it serves a
certain greater purpose, i.e., if the child has been partially born and is
alive, then a cut may be made in order to birth the rest of him, because
that is in the interests of the infant, and because not cutting in this case
will lead to the negative consequence of the child dying, and the living
should be given greater care than the dead. But in modern times, when the
art of surgery has become more refined, cutting the abdomen or any other
part of the body is not regarded as mutilation; they do it to the living
with their consent and agreement for various kinds of treatment, and it is
most likely that if the fuqaha’ had seen that, they would have ruled that it
is permissible to cut the abdomen of the pregnant woman in order to extract
her living foetus, especially if the pregnancy is full term and it is known
or thought most likely that the foetus is alive.
Another thing which points to it being permissible to cut the
abdomen and extract the living foetus is the fact that if there is a
conflict between pros and cons, then the greater good should be given
precedence and the lesser evil may be committed. Sparing the abdomen from
any cutting is good, but saving the child and keeping him alive is a greater
good. Cutting the abdomen is bad, but leaving the living child to suffocate
in her womb until he dies is a greater evil. So cutting becomes the lesser
of two evils. Moreover, we say that in such cases, cutting is not regarded
as mutilation or evil, so there is nothing to rule out extracting the foetus
at all. And Allaah knows best. End quote.
Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on him)