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can Muslim transfer bodies others if that place is take by govenment?

asked 1011 nambafuram's gravatar image

Salam,

The site ‘Islamweb.net’ cites the case of a person from Singapore whose grandmother is buried in a cemetery that is due to be transferred.

The authorities in charge of Muslim cemeteries in that country have decided to transfer the graves of Muslims who have been dead for at least fifteen years. The grandmother in question has been dead for only thirteen years, and the grandson is asking (the website) for information that could support his request that she, too, is reburied.

According to ‘Islamweb’ the exhumation and transportation of a Muslim grave is permissible where there is a ‘valid Sharia based reason’; and that there is no evidence (as far as they are aware) that limits the time period permitting the exhuming of graves.

The essential requirement is that the deceased's body has decomposed.

They quote a certain Shaykh Zakariyya Al-Ansaari thus:

‘Exhuming the grave is forbidden before decomposition according to the experts who are acquainted with that land, lest the sanctity of the deceased be violated. If the deceased did decompose, meaning his body and bones lost form and turned to dust, then exhuming his grave is allowed, as is burying another person in his place.’

The site Al-islam.org appears to support the view that exhumation and transferral is permissible. They cite the following ‘rule’ (without stating its source):

Rule 650: Digging up the grave is allowed in the following cases:

When the dead body has been buried in an usurped land and the owner of the land is not willing to let it remain there.

When the Kafan of the dead body or any other thing buried with it had been usurped and the owner of the thing in question is not willing to let it remain in the grave.

Similarly, if anything belonging to the heirs has been buried along with the deceased and the heirs are not willing to let it remain in the grave. However, if the dead person had made a will that a certain supplication or the holy Qur'an or a ring be buried along with his dead body, and if that will is valid, then the grave cannot be opened up to bring those articles out.

When opening the grave does not amount to disrespect of the dead person, and it transpires that he was buried without Ghusl or Kafan, or the Ghusl was void, or he was not given Kafan according to religious rules, or was not laid in the grave facing the Qibla.

When it is necessary to inspect the body of the dead person to establish a right which is more important than exhumation.

When the dead body of a Muslim has been buried at a place which is against sanctity, like, when it has been buried in the graveyard of non-Muslim or at a place of garbage.

When the grave is opened up for a legal purpose which is more important than exhumation.

When it is feared that a wild beast would tear up the corpse or it will be carried away by flood or exhumed by the enemy.

When the deceased has willed that his body be transferred to sacred places before burial, and if it was intentionally or forgetfully buried elsewhere, then the body can be exhumed, provided that doing so does not result in any disrespect to the deceased.

Personal Note:

I have no opinion on this matter, and cannot vouch for the accuracy of the claims made by these two sites.

I could find no site stating that to move a grave is haram, even when the body is fully decomposed…..but perhaps I did not search hard enough!

I hope this helps.

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answered 0433104 UnknownUser's gravatar image

See, this is how an answer should be written. Articulated, detail and with facts. I like this.

TQ

(Sep 30 '13 at 10:04) Mr Enigma Mr%20Enigma's gravatar image

That’s very kind of you.

Where there are opposing arguments on any given matter I try and present both sides accurately, and without personal bias.

I was not able to present opposing views this time, and therefore would urge caution. After all, the fact that something appears well presented does not make it right!

By the way. What does 'TQ' mean?

(Sep 30 '13 at 10:34) UnknownUser UnknownUser's gravatar image

TQ is a shortform of thank you.

TQ

(Sep 30 '13 at 11:09) Mr Enigma Mr%20Enigma's gravatar image

Ah, I see.

TQ!

(Sep 30 '13 at 11:11) UnknownUser UnknownUser's gravatar image

hey hey paul, no i don't want to marry you. jk. so i hope muslims can be cremated or buried at sea, for your sake. didn't i just see an article that britian is running out of cemetary space? given all the muslims y'all have imported since the 70s, and their reproduction rates, y'all best bury them standing up, or one on top of another. i could have swore my parents were in europe some years back and they said by law you only get your grave for like 25 years. you know where the saying, "i wouldn't touch that with a 10 foot pole" came from?

i am the walrus, cho cho cha chu

(Sep 30 '13 at 14:41) abul rauf abul%20rauf's gravatar image

Have you been at the Jonnie Walker?

(Sep 30 '13 at 16:09) UnknownUser UnknownUser's gravatar image

Abul Rauf, are you a troll? I do not understand what you're saying.

TQ

(Sep 30 '13 at 23:31) Mr Enigma Mr%20Enigma's gravatar image

yes, i am a troll, or so i've been called before. i'm not entirely sure what that means though? could you please tell me? maybe i'm an enigma wrapped in a riddle? so what are you? as to what i was saying, there is a song that goes hey hey paula, i want to marry you. then i am the walrus is from a beatles song off the sergent peeper album. has to do with the rumor that paul was dead or something. you would probably have to be in the western world and over 30 to get it. then i thought my comments were pertainant to the subject? no?

http://www.bbc.co.uk/news/uk-24283426

TY

just beer

(Oct 01 '13 at 19:15) abul rauf abul%20rauf's gravatar image
showing 5 of 8 show all

It's HARAM

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answered 10 usman's gravatar image

islam is not about what u tink, or ur opinion, but abt what Allah command. Anyone postin a question here is not seeking for ppl's opinon but its islamic stand. If u don't knw just b quiet abt it

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answered 0433104 UnknownUser's gravatar image

Look, someone posted that it is haram. I want to know why. You can't just say this is haram and this is halal without any proper backing. And I don't see why people's opinion should not be included. Sure, the Quran and Sunnah are the authoritative sources but since this is an unclear issue to begin with - it is not wrong for a person to give his or her own opinion. If it is wrong, it is wrong. If it is right, it is right. Islam encourages people to think and give out their opinion so that they can be closer to the truth. This is what I think.

TQ

(Sep 30 '13 at 07:16) Mr Enigma Mr%20Enigma's gravatar image
-1

Why not? I don't see anything wrong with it.

TQ

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answered 131 Mr%20Enigma's gravatar image
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Asked: Jul 25 '12 at 05:24

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Last updated: Oct 01 '13 at 19:19



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