Question:
Assalamualaikum w.b.t. What is the ruling of burying a deceased not at the place where he dies? The reason is some claimed that everyone should be buried in a place where he dies. Hope for an explanation.
Answer:
Waalaikumussalam w.b.t.
Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions and all those who follow his footsteps until the Last Day.
Definition of a Deceased (Body)
According to al-Ramli, the word al-Jana’iz is the plural for the word janazah. The word janazah is the name for the body of a deceased (mayyit) that is placed in the casket. [1] Furthermore, al-Nawawi cited the opinion of Ibn Faris, who said the word al-Jana’iz is the plural of the gerund al-Janazah. [2]
Whereas, from the terminology aspect, according to Muhammad Batthal, the body of a deceased (janazah) means a person who has passed away whose soul has separated from his body. [3] Likewise, in 4th Edition of Kamus Dewan, janazah is defined as the body of a deceased Muslim.
The two words synonymous with death is a deceased body or corpse. There are numerous evidences that discusses matters related to it. Among them are:
Allah SWT states:
قُلْ يَتَوَفَّاكُمْ مَلَكُ الْمَوْتِ الَّذِي وُكِّلَ بِكُمْ ثُمَّ إِلَىٰ رَبِّكُمْ تُرْجَعُونَ
Say, “The angel of death will take you who has been entrusted with you. Then to your Lord you will be returned.” [4]
It is explained in Tafsir al-Jalain, that the angel of death is given the responsibility by Allah SWT in taking the souls of humans to end their lives and He is the One who will judge mankind for their actions. [5]
Moreover, as stated by Allah SWT in Surah al-Mulk:
الَّذِي خَلَقَ الْمَوْتَ وَالْحَيَاةَ لِيَبْلُوَكُمْ أَيُّكُمْ أَحْسَنُ عَمَلًا وَهُوَ الْعَزِيزُ الْغَفُورُ
“[He] who created death and life to test you [as to] which of you is best in deed – and He is the Exalted in Might, the Forgiving,” [6]
Al-Qurtubi in his commentary stated: Allah SWT created humans for both life and death. In this verse, Allah SWT first mentioned death because the origin of humans is that they are in death. For example, the sperm, soil and others. [7]
In another verse, Allah SWT states in surah Ali-Imran:
كُلُّ نَفۡس ذَآئِقَةُ ٱلۡمَوۡتِۗ
“Every soul will taste death,” [8]
Al-Maraghi in his commentary stated that every living creature will taste death and the separation of its soul from its body. Although, his body is dead, however, his soul remains alive. The reason is having feelings of sensation is for the living while the dead will no longer be able to feel. [9]
Likewise, Sayyid Quttub interpreted that every living creature will surely taste death and be separated from his life. There is no difference from one person to another in terms of the certainty of experiencing death, rather what differentiates them is their fate and ending after leaving this world. [10]
Responsibilities towards the deceased
We are commanded to hasten the management of the deceased includes its bathing, shrouding, praying and burying. This is as stated in a hadith narrated by Abu Hurairah RA where Rasullullah PBUH said:
أَسْرِعُوا بِالْجَنَازَةِ فَإِنْ تَكُ صَالِحَةً فَخَيْرٌ تُقَدِّمُونَهَا عَلَيْهِ وَإِنْ تَكُنْ غَيْرَ ذَلِكَ فَشَرٌّ تَضَعُونَهُ عَنْ رِقَابِكُمْ
“Hasten with the Janazah, for if it was righteous then you are taking it toward something good, and if it was otherwise, then it is an evil of which you are relieving yourselves.” [11]
Hastening in the burial of a deceased in the above hadith includes the process of its bathing, shrouding, and transporting it to his grave. [12]
Thus, basically, there are four processes that people should complete for a deceased. First, bathing the body of the deceased. Second, shroud the deceased. Third, perform the funeral prayer, Fourth, bury the deceased. This is the fardu kifayah basis according to the ijma’ of the scholars without any khilaf.[13]
The order of the management of the body of the deceased can be explained as the following:
First: Bathing of the deceased
Bathing the deceased is an obligation that is placed under the fardu kifayah matters. This means that the obligation is on a whole community of a certain place and the obligation is abrogated or considered fulfilled when a part of the community has fulfilled the responsibility.
The obligation of bathing a deceased originates from the instruction of the Prophet PBUH during a tragedy that happened to a man who died after he fell from a camel, then his body was instructed to be bathed as stated in a hadith narrated by Ibn Abbas R.Anhuma:
اغْسِلُوهُ بِمَاءٍ وَسِدْرٍ, وَكَفِّنُوهُ فِي ثَوْبَيْنِ
“Wash him with water and Sidr (lotus leaves) and shroud him in his two garments (that he was wearing for Ihram).” [14]
There are two methodologies for the bath which are:
First, it is stated that al-ghusl al-adna or the basic obligated bath for a deceased. After the completion of this step, then the obligation is fulfilled. This first step is to clean the najis on the body or stuck on the deceased. Then it should be bathed with water just as it is obligated for the obligation bath when one is in major hadath (impure state) when a person is alive. Hence, the obligatory matter in the bath is completed.
Second, al-ghusl al akmal is the perfection of the bath. In this category, all of the obligations, sunnah and permissible matters as well as being mindful of the manners during the management of the bathing of the deceased.
Second: Shrouding the deceased
Shrouding means something that is wrapping or covering the body of the deceased. Generally, shrouding the deceased is performed with a white cloth and this is commanded by syarak. This is based on a narration by Ibn Abbas RA where Rasullullah PBUH said:
الْبَسُوا مِنْ ثِيَابِكُمُ الْبَيَاضَ فَإِنَّهَا خَيْرُ ثِيَابِكُمْ وَكَفِّنُوا فِيهَا مَوْتَاكُمْ
“Wear your white garments, for they are among your best garments, and shroud your dead in them.” [15]
The command in the hadith brings about the sunnah ruling. The reason is that Rasullullah PBUH on numerous occasions wears clothing that isn’t white in explaining the permissibility.
Imam al-Nawawi said that in the process of shrouding the deceased, it is sunnah to use a white cloth. The type (of the cloth) depends on the rights of the deceased of what is permissible for the person to wear when the person is alive. Hence, it is permissible to shroud a woman with silk, however, it is makruh. While for men it is prohibited to shroud them with silk. [16]
Thus, if there isn’t any white cloth available to shroud a deceased, then it is permissible to shroud a deceased with any cloth permissible for the deceased to wear when the person was alive.
If there aren’t three pieces of cloth, then it is sufficient with just one cloth to shroud the deceased.
Third: Performing the funeral prayer
Funeral prayer is fardu kifayah on every Muslim that results in a person being rewarded greatly. In a hadith narrated by Thauban RA, Rasullullah PBUH said:
مَنْ صَلَّى عَلَى جَنَازَةٍ فَلَهُ قِيرَاطٌ فَإِنْ شَهِدَ دَفْنَهَا فَلَهُ قِيرَاطَانِ الْقِيرَاطُ مِثْلُ أُحُدٍ
“He who offered prayer for the dead, for him is the reward of one qirat, and he who attended its burial, he would have two qirats as his reward. And qirat is equivalent to Uhud.” [17]
Al-Syafi’eyyah jurists mentioned that funeral prayer can be performed anytime in terms that it isn’t limited to certain times. Furthermore, Imam al-Mawardi said: “Funeral prayer for a deceased is not limited to certain times. It is not makruh to be performed at certain times. It is permissible to be performed in prohibited times for the prayer to be performed.” [18]
Fourth: Burying the deceased
Rasullullah PBUH said:
أَسْرِعُوا بِالْجَنَازَةِ فَإِنْ تَكُ صَالِحَةً فَخَيْرٌ تُقَدِّمُونَهَا عَلَيْهِ وَإِنْ تَكُنْ غَيْرَ ذَلِكَ فَشَرٌّ تَضَعُونَهُ عَنْ رِقَابِكُمْ
“Hasten with the Janazah, for if it was righteous then you are taking it toward something good, and if it was otherwise, then it is an evil of which you are relieving yourselves.” [19]
According to this hadith, it is sunnah to hasten the funeral prayer and transport the deceased to his grave. [20]
Burying the deceased not at the place where he died
Coming back to the above question, we cite a hadith narrated by Abu Hurairah RA, Rasullullah PBUH commanded for the affairs related to the burial of the deceased to be hastened by saying:
أَسْرِعُوا بِالْجَنَازَةِ ، فَإِنْ تَكُ صَالِحَةً فَخَيْرٌ تُقَدِّمُونَهَا إِلَيْهِ ، وَإِنْ تَكُ غَيْرَ ذَلِكَ فَشَرٌّ تَضَعُونَهُ عَنْ رِقَابِكُمْ
“Hasten with the Janazah, for if it was righteous then you are taking it toward something good, and if it was otherwise, then it is an evil of which you are relieving yourselves.” [21]
Syeikh ‘Ilisy al-Maliki stated that what is meant by hastening the burial of the deceased mentioned in the above hadith includes the process of its bathing, shrouding, and transporting it to the grave, however, it is without being hurried. Moreover, it is makruh if with the hastening it is hard for others to follow it. [22]
However, it is permissible to postpone or delay the burial if there are strong reasons for doing so or for a greater maslahah, among them are:
- If there is doubt as to the death of the person such as when a person drowns, or an illness related to the stomach, sudden death and others, where there is a possibility that the person might still be alive. This matter is mentioned in al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah:
اتَّفَقَ الفقهاء عَلَى أَنَّهُ إِن تَيَقَّن المَوْتَ يبادر إِلَى التَجْهِيز وَلَا يُؤَخَّر… فَإِنْ مَاتَ فَجْأَةً تَرَكَ حَتَّى يتيقن مَوْتَه
“Jurists agreed that if the death of someone is certain, then the burial should be hastened and shouldn’t purposely be delayed. If it is sudden death, then it should be delayed until the death is confirmed and made certain.” [23]
- Waiting until there are more congregants to perform the funeral prayer for the deceased. It is permissible to delay the burial of a person, for instance, a person dies in the early morning of Friday and it is postponed until after the Friday prayer so that there will be more congregants to perform the funeral prayer. The reason is a deceased whose funeral prayer is performed by more people will act as an intercessor to the deceased especially if it is performed by pious and believing congregants. In a hadith narrated by Saidatina Aisyah R. Anha, Rasullullah PBUH said:
مَا مِنْ مَيِّتٍ يُصَلِّي عَلَيْهِ أُمَّةٌ مِنْ الْمُسْلِمِينَ يَبْلُغُونَ أَنْ يَكُونُوا مِائَةً يَشْفَعُونَ إِلَّا شُفِّعُوا فِيهِ
“There is no deceased person for whom a group of Muslims whose number reaches one hundred, offers the funeral prayer, interceding for him; but their intercession for him will be accepted.” [24]
- Waiting for the heirs to arrive to visit for the last time but not for a prolonged time. This is as stated in the book Faidh al-Qadir:
يَنْبَغِي انْتِظَارِ الوَلِيِّ إِنْ لَمْ يَخَفْ تَغَيًّرُهُ
“One should wait for the heirs (to meet the deceased) as long as there is no worry of the changes (decomposition) of the deceased.” [25]
Hence, it can be concluded that delaying or postponing a burial is permissible if there is a reasonable reason and it is even encouraged if there is greater maslahah when it is delayed but not for a prolonged time.
Moreover, scholars also stated that it is sunnah to bury a deceased at the place where he died. Among the scholars who stated as such is Syeikh Abu Bakr al-Mundzir al-Naisabur:
يُستحبُّ أن يُدفنَ الْميِّتُ في البلدِ الذي تُوفِّيَ فيه، على هذا كانَ الأمرُ على عهدِ رسولِ اللهِ صلى الله عليه وسلم، وعليه عَوامُّ أهلِ العلمِ، وكذلكَ تفعلُ العامَّةُ في عامَّةِ البلدانِ
“It is sunnah to bury a deceased in the state where he passed away. And such is the situation during the time of Rasullullah PBUH for both the scholars and general public.” [26]
However, it is permissible to transport the deceased to be buried in another place as long as there is a reason or greater maslahah and it doesn’t take a long time until it reaches a long time, for example, such as it takes two or three days. If it takes a long time, then it is makruh. This is as stated by Imam Ibn Hajar in his book Fath al-Bari who said:
اختلف فِي جَوَازِ نَقْلِ المَيِّتِ مِن بَلَدٍ إِلَى بَلَد فَقِيلَ يُكْرَه، لِمَا فِيهِ مِن تَأْخِيرِ دَفْنِهِ وتعريضه لهتك حرمته وَقِيلَ يُسْتَحَبُّ كَمَا نَصَّ الشافعي على استحباب نقل المَيِّتِ إِلَى الأرْضِ الفَاضِلَةِ كَمَكَّة وَغَيْرِهَا
“Scholars have differing opinions regarding the permissibility of transporting the burial of a deceased from one place to another. There are some who said that it is makruh, for it delays the burial process and exposes the deceased to matters that may degrade his honour. Although there are some who said that it is sunnah… as cited from Imam al-Syafie who said it is sunnah to transport a deceased to an honourable place such as Mecca and others.” [27]
Likewise, it is stated in his book ‘Aun al-Ma’bud Syarh Sunan Abi Daud:
قَالَ العيني: وَأَمَّا نَقْلُ المَيِّتِ مِن مَوْضِعٍ إِلَى مَوْضِعٍ فَكَرِهَهُ جَمَاعَةٌ وَجَوَّزَهُ آخَرُونَ, وقال المازري: ظَاهِرُ مَذْهَبنَا جَوَازُ نَقْلِ المَيِّتِ مِن بَلَدٍ إِلَى بَلَدٍ، وقد مات سعد بن أبي وقاص وسعيد بن زيد بالعقيق ودُفِنَا بِالمَدِينَةِ
“Imam al-Aini said: As for transporting a deceased from one place to another, some scholars ruled it makruh and others state that it is permissible. Al-Maziriy said: What is apparent in our madhhab is that it is permissible to transport a deceased from one state to another. For example, Saad Ibn Abi Waqas and Sa’id Ibn Zaid died in al-‘Aqiq, however, they were both later buried in Medina.” [28]
Conclusion
According to the above discussion, we conclude that it is permissible to bury a deceased not in the place where he died and delay the burial a bit if there is a strong reason, greater maslahah and it doesn’t take too long that it harms the deceased.
Wallahu a’lam.
[1] See Nihayah al-Muhtaj Syarah al-Minhaj, 8/16
[2] See Tahrir Alfaz al-Tanbih, pg. 94
[3] See al-Nazm al-Musta’zab fi Syarh Gharib al-Muhazzab, 1/123
[4] Surah al-Sajadah: 11
[5] See Tafsir al-Jalalain, pg. 546
[6] Surah al-Mulk: 2
[7] See al-Jami’ li Ahkam al-Quran, 18/206
[8] Surah Ali-Imran: 185
[9] See Tafsir al-Maraghi, 2/861
[10] See Fi Zilal al-Quran, 2/19
[11] Narrated by al-Bukhari (1315) and Muslim (944)
[12] See Fatawa Syeikh Ilisy, 1/155
[13] See al-Majmu’ Syarh al-Muhazzab, 5/104
[14] Narrated by al-Bukhari (1265)
[15] Narrated by Abu Daud (4061)
[16] See Raudhah al-Talibin, 2/110
[17] Narrated by Muslim (946)
[18] See al-Hawi al-Kabir, 3/48
[19] Narrated by al-Bukhari (1315) and Muslim (944)
[20] See Mughni al-Muhtaj, 2/20 & 51
[21] Narrated by al-Bukhari (1315) and Muslim (944)
[22] See Fatawa Syeikh Ilisy, 1/155
[23] See al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah, 16/7
[24] Narrated by Muslim (947)
[25] See Faidh al-Qadir Syarh al-Jami’ al-Saghir, 3/377
[26] See al-Awsat fi al-Sunan, al-Ijma’ wa al-Ikhtilaf, 5/464
[27] See Fath al-Bari, 4/117
[28] See ‘Aun al-Ma’bud Syarh Sunan Abi Daud, 5/59
