Fatwa #373613 September 2001South Africa
Suppose a Muslim dies outside his country, where do you bury him? Do you fly him back or he is buried where he died in order to cater for the 24hr burial muslim code.
Answer
Kindly refer to: www.alinaam.org.zafataawa%08urial.htm%0D%0A%0D%0AWas salaam%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0ATAKING BODY OF THE DECEASED TO NATIVE COUNTRY FOR BURIAL%0D%0A%0D%0AQuestion%0D%0A%0D%0ARespected, Honourable Mufti Sahib Assalamualaikum wa rahmatullah!%0D%0A%0D%0AWhen a man or woman dies in our community the body is taken to our native%0D%0Acountry following the bathing, shrouding and funeral prayers. A committee%0D%0Asystem has been established to undertake this, and this practice has been%0D%0Aaround for some time. However, some newly graduated Muslim scholars have%0D%0Astarted to oppose this practice. What is the correct position in this%0D%0Amatter? Please answer in detail quoting the relevant texts so that one may%0D%0Areadily act accordingly and also enjoin upon others to do so.%0D%0A%0D%0AAnswer%0D%0A%0D%0A%0D%0A%0D%0AThe instruction of Shariah is that, following the death of a Muslim male or%0D%0Afemale, the body should be bathed, shrouded and the funeral prayer offered%0D%0Aaccording to the sunnah as soon as possible. It is stated in Maraaqil Falaah%0D%0Aas follows:%0D%0A%0D%0A%0D%0A%0D%0Ai.e. when death becomes certain the bathing, shrouding and the burial should%0D%0Abe hastened to respect the deceased as the instruction given in the Hadith%0D%0Ais to hasten. It is improper that the body of a Muslim should be delayed.%0D%0A%0D%0AIt is Sunnah and preferable to bury the deceased in the burial ground of the%0D%0Aplace where the death occurred. It is Makrooh Tahrimi (severely%0D%0Areprehensible act) to transport the body to another town or country (without%0D%0Avalid excuse). It is stated in Maraaqil Falaah as follows:%0D%0A%0D%0A%0D%0A%0D%0AIf there is no burial ground for Muslims at the place of death or other%0D%0Avalid excuse, then in such circumstances it will be permissible to remove%0D%0Athe body to the nearest burial ground where the body may be buried. It is%0D%0Astated in Maraaqil Falaah as follows:%0D%0A%0D%0A%0D%0A%0D%0AThere is a significant Muslim presence here in the United Kingdom and many%0D%0AMuslim organisations provide a service through which the bathing and%0D%0Ashrouding of the deceased is easily performed. Local councils also provide a%0D%0Aseparate facility where Muslims may be buried in accordance with the%0D%0Arequirements of Shariah, therefore the deceased should be buried in the%0D%0Aburial ground reserved for Muslims in that very same town or city. If there%0D%0Ais a delay in burial due to legal requirements with regards to the release%0D%0Aof papers or there is a need for a post mortem. Then in such compelling%0D%0Acircumstances there will be no sin.%0D%0A%0D%0AThere is a principle in Shariah that if one has to commit a sinful or%0D%0Aseverely reprehensible, act to undertake a permissible action, then even%0D%0Athat permissible action, must also be refrained from. In view of this,%0D%0Awhilst transporting a deceased person to another town or country,%0D%0Aperpetration of the following many forbidden practices is seen to be in%0D%0Aevidence. Consequently, this practice can only be declared to be forbidden%0D%0Aand deserving abstention:%0D%0A%0D%0A1. The burial of the deceased is often delayed for two - three and even more%0D%0Adays, while the Shariah requires that the burial should take place as soon%0D%0Aas is possible. This requirement is not fulfilled.%0D%0A%0D%0A2. Delay in burial also results in the deceased developing an unpleasant%0D%0Aodour and physical decay.%0D%0A%0D%0A3. According to the Hanafi Math-hab, the funeral prayer must only be%0D%0Aperformed once; not two or three times. In transportation of the body, gives%0D%0Arise to the funeral prayer being offered several times.%0D%0A%0D%0A4. Health regulations of both of the respective countries require the body%0D%0Ato be injected with a certain matter and the dignity and respect deserved by%0D%0Athe deceased when alive must also be upheld after death. This dignity is not%0D%0Aupheld.%0D%0A%0D%0A5. According to some reliable people information, the internal organs of the%0D%0Adeceased are removed, and if this is correct, then this is a great injustice%0D%0Atowards Muslim deceased, that his or her organs are be disposed of in this%0D%0Away.%0D%0A%0D%0A6. The coffin is stored and carried like other luggage, which is a further%0D%0Ashow of disrespect.%0D%0A%0D%0A7. Heavy costs are incurred and a lot of effort is exerted without a valid%0D%0Areason.%0D%0A%0D%0A8. At the death of a husband, the wife is required to observe a period of%0D%0Awaiting. Contrary to this, sometimes the wife also travels with the coffin%0D%0Awhich is not permissible.%0D%0A%0D%0AAll of the above factors are those that are obvious. There are also many%0D%0Aother forbidden practices, which result from the transportation of the%0D%0Adeceased. Therefore, this practice must be corrected. The Muslim scholars%0D%0Awho oppose this practice do so correctly and are only fulfilling their duty.%0D%0ATherefore, one must adhere to what they say. There is also a full discussion%0D%0Aregarding this issue in Ahsanul Fataawaa V4, and the proof presented by%0D%0Athose who hold an opposing view has also been answered. It would be very%0D%0Abeneficial to refer to that discussion.%0D%0A%0D%0AAnd Allah Knows best%0D%0A%0D%0AMufti Ismail Kaccholvi%0D%0ADarul Ifta Wal Irshaad%0D%0AEngland, UK%0D%0A