Shafaqna English- Questions on Muslims issues in the West and answers from the Grand Ayatollah Sistani based on the text of the book: “A Code of Practice For Muslims in the West” by ‘Abdul Hadi As-Seyyed Muhammad Taqi Al-Hakim.
Question & Answer
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.
Related Question
Question 1: 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 Wajib Kifa’i, upon the capable Muslims to buy a graveyard for the Muslims?
Answer 2: 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 Kifa’i, upon other Muslims [to bury the deceased in an appropriate place]. And if fulfilling this Wajib Kifa’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.
Question 3: 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. And Allah (SWT) knows the best.
Question 4: 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 Kitab]?
Answer: It is not permissible to bury a Muslim in cemeteries of non-Muslims, except if that is the only choice because necessity knows no laws.
- Religious questions in Graph
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Source: sistani.org