A Muslim man died, and his Buddhist brother took him, cremated him, and buried him in their cemeteries
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Fatwa number ( 18661 )
Q: A Muslim man died, and his Buddhist brother took him, cremated him, and buried him in their cemeteries. Some scholars of Sri Lanka said: One who is not washed is not prayed over, and it has been six months since he died and no one has prayed over him yet. What should we do? Please inform us with evidence.
A: A disbeliever has no authority over a Muslim, neither in life nor after death. Only Muslims are to take charge of his funeral. Therefore, what happened with the funeral of this Muslim man is forbidden; it is not permissible for Muslims to allow this disbeliever to take control of him. If it is possible to exhume him and transfer his remains to Muslim cemeteries, then this is obligatory, because it is not
permissible to bury a Muslim in the cemeteries of disbelievers, and the same applies in the reverse case. If no cemetery for Muslims is found, then his remains should be buried in any place far from desecration. As for the prayer over him, its time has ended. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A Muslim man died, and his Buddhist brother took him, cremated him, and buried him in their cemeteries. Some scholars of Sri Lanka said: One who is not washed is not prayed over, and it has been six months since he died and no one has prayed over him yet. What should we do? Please inform us with evidence.
A: A disbeliever has no authority over a Muslim, neither in life nor after death. Only Muslims are to take charge of his funeral. Therefore, what happened with the funeral of this Muslim man is forbidden; it is not permissible for Muslims to allow this disbeliever to take control of him. If it is possible to exhume him and transfer his remains to Muslim cemeteries, then this is obligatory, because it is not
permissible to bury a Muslim in the cemeteries of disbelievers, and the same applies in the reverse case. If no cemetery for Muslims is found, then his remains should be buried in any place far from desecration. As for the prayer over him, its time has ended. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.