Fatwa's Insights - Waqf, Mosque dan Funeral Management

THE 51 ST MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

22 FEBRUARI 2021 / 10 REJAB 1442H

FATWA ON MANAGEMENT OF UNCLAIMED BODIES

If there are signs on the body indicating it belongs to a Muslim, even based on presumption, there are no other indications that negate such presumption, then it shall be treated as a Muslim's body.

If there are no indications and no claims from other parties whilst the body is found in a Muslim-majority country, then it shall be regarded as a Muslim's body.

If a part of a corpse is found whereby the death of its owner is ascertained, then it is obligatory to bathe, shroud, and perform funeral prayers upon it. If other body parts are subsequently found after funeral prayers have been performed on the previous parts, then it is obligatory to bathe and shroud them, whilst the prayer is recommended following the preferred view in the Hanbali school.

It is reprehensible to transfer a corpse from the area of its death to another area if there is no necessity need. If the transfer results in damage or alteration to the body, then the ruling is prohibited.

If there exists an urgent necessity for the corpse to be transferred and the process of injecting chemical substances (formalin) is required to prevent the corpse from decomposing, then this is permissible subject to the following conditions:

a. There exists an urgent necessity to transfer the corpse to a destination involving a lengthy duration that would cause the process of decomposition of the corpse.

b. It does not cause other harm due to the transfer process.

c. The injection of chemical substances is performed by those with expertise.

d. It is carried out with discipline in respecting the body as determined by the Shariah.

e. No body parts are discarded nor is anything from within the body removed externally, as this is included within the prohibition of al-Muthlah (mutilation/disfigurement) mentioned in the hadith, unless there exists a necessity (dharurat) and no other alternative.

f. The purpose of the injection is for the process of transferring the corpse and not for preserving the corpse as an exhibit.

g. The transfer is conducted after the corpse has been bathed, shrouded, and funeral prayers performed upon it. This is because the obligations of bathing, shrouding, and performing funeral prayers are obligatory upon the residents where the corpse is located.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

12. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 2/2021 on 22 March 2021.