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Question & Answer » Death Related Issues

1 Question: If transferring a deceased Muslim to Muslim countries entails great difficulty, is it permissible to bury the body in cemeteries of non-Muslims from among the followers of the revealed religions [that is, Ahlul Kitãb]?
Answer: It is not permissible to bury a Muslim in cemeteries of non-Muslims, except if that is only out of necessity.
2 Question: What is preferable: burying a dead Muslim in an Islamic cemetery in a non-Muslim city in which he died or transferring the dead body to a Muslim city which entails exorbitant expenses?
Answer: It is preferable to transfer the dead to any holy shrines or other recommended places if there is a donor who can bear the expenses —from the heirs or others— or if the one-third of his estate which he has endowed for religious charity, would suffice for that purpose. If it involves a lot of hardship and is costly, it is not preferred.
3 Question: The Muslim communities in non-Muslim countries are increasing day by day. Knowing the fact that a deceased Muslim will one day be buried in the graveyard of non-Muslims either because of lack of funds available to the family to send the dead body to Muslim countries for burial or because of negligence; so, is it obligatory, as a matter of wãjib kifã’i, upon the capable Muslims to buy a graveyard for the Muslims?
Answer: Burying a deceased Muslim in a place appropriate to his status (other than non-Muslim graveyards) is an obligation of the heir just like other obligatory deeds connected with the burial procedures. And if the deceased has no heir or the heir is refusing to fulfill his duty or is not capable, it is obligatory, on the basis of kifã’i, upon other Muslims [to bury the deceased in an appropriate place]. And if fulfilling this wãjib kifã’i duty depends on acquiring a piece of land in advance by purchase or other means, it is obligatory to try and acquire it in advance.
4 Question: From where should the expenses of transportation to a Muslim country and burial come, if it is not possible to bury a Muslim in the city in which he died because there is no Muslim graveyard? Should these expenses come from the estate of the deceased before dividing it amongst the heirs? Or from the one-third [of the estate] if he has specified that? Or from other sources?
Answer: The expenses of burying a dead body in a place appropriate for it comes from the estate [before its distribution among the heirs] if he did not make a will specifying that it be taken from the one-third. Otherwise [if he made a will regarding the one-third], it should come out of it.
5 Question: When there is no heir for a deceased Muslim person in the foreign land, who should take charge of his burial?
Answer: If it is not possible to contact his heir and ask his consent in handling the burial procedures, the requirement of consent is lifted and it becomes obligatory, on basis of wajib kifã’i, on the Muslims to handle the burial.
6 Question: A Muslim died in a non-Muslim city that has no Muslim graveyard; and although it is possible to transfer the body to a Muslim country for burial but the cost of transportation is exorbitant—is this a sufficient [reason] for burying the body in the graveyard of non-Muslims?
Answer: This is not a sufficient [reason]. He must not be buried in a non-Muslim graveyard.
7 Question: In some non-Muslim countries, the corpse is placed in a coffin and then buried in the grave. What is our duty in such a situation?
Answer: There is no problem in placing the corpse in a coffin when burying him in the ground. However, the religious requirements of burial must be fulfilled; and one of those requirements is that the corpse be placed on its right side with the face towards the qiblah.
8 Question: What does the Qur'an say about committing suicide?
Answer: Islam does not allow it under any circumstances.
9 Question: A man dies and leaves some untaxed property behind, what is the duty of people who inherit that?
Answer: If a man, who has died, had not been such a man to pay his religious taxes in his life, it is not obligatory on the inheritors to pay his khums. However, if the deceased has made a will (wasiyat) that his khums should be paid after his death, it is necessary to act according to his wasiyat.
10 Question: Is it obligatory on a man's eldest son to give the Qadha of his fast and prayers after his death?
Answer: If a person did not offer some of his obligatory prayers, and did not care to give qadha, in spite of being able to do so, after his death, it is not necessary upon the eldest son to perform the qadha. If he missed prayers and cared about performing qadha but he failed to do so, the eldest son should perform the qadha or he may hire someone to perform them. The qadha prayers of his mother is not obligatory upon him, though it is better if he performs them.
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