FIQH 4.75: A WOMAN WHO DIES WHILE PREGNANT WITH A LIVING FETUS
If a pregnant woman dies and the trustworthy physicians are sure that the fetus is alive, then it must be taken out of her womb by a caesarian operation.
Fiqh 4.75 a: A non-Muslim Woman who Dies while Carrying a Child by a Muslim is to be Buried in a Separate Grave
Al-Baihaqi reported from Wathilah bin al-Asqa’ that he buried a Christian woman bearing the child of a Muslim in a cemetery that belonged to neither Muslims nor Christians. Ahmad supports this opinion because he says that the woman being a disbeliever, cannot be buried in a cemetery of Muslims, for they would suffer because of her punishment, nor can she be buried in a Christian cemetery because her fetus, which is a Muslim, would suffer by their punishment.
Fiqh 4.75 b: The Preference of being Buried in Cemeteries
Ibn Qudamah said: “A burial in a cemetery is better for a servant of Allah than being buried in home, for this is less harmful to survivors in his family, is more like the dwellings of the hereafter, and is more suitable a place for making supplications for forgiveness and mercy for the dead. The Companions, their Successors, and those after them buried their dead in the deserts in cemeteries.
Some people may ask: “Why then were the Prophet, peace be upon him, and his two Companions buried in his home?” In answer to this we would refer to the statement of ‘Aishah in which she said: “This was done lest the grave of the Prophet be turned into a mosque.” (Bukhari) The Prophet, peace be upon him, buried his Companions in the cemetery of “al-Baqi’ in Madinah and surely his action is more preferable than someone else’s action. The Companions of the Prophet regarded his burial arrangements as a special case for him because, as reported in a tradition “the Prophets are buried at the place they die,” and because burying him at his home distinguished his grave from those of others, and protected it from being exposed to great numbers of people, he was buried at home.
When asked about a man who had instructed in his will that he be buried in his house, Ahmad said: “He should be buried with Muslims in their cemetery.”
Source: Fiqh us Sunnah
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