Burying a disbeliever in Muslim cemeteries
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Fatwa No. ( 335 )
Praise be to Allah alone, and may blessings and peace be upon the one after whom there is no prophet. Having reviewed the Permanent Committee for Scholarly Research and Ifta’s
letter from His Majesty (may Allah preserve him), No. 24786, dated 19/12/1392 AH, addressed to the Virtuous Head of the Departments of Scientific Research, Ifta, Da'wah, and Guidance, regarding the regulations on cemeteries, washing the dead, and burying them, which were prepared by the Ministry of Health, and concerning the inquiry about the topic of burying non-Muslims in Muslim cemeteries, and His Majesty’s (may Allah preserve him) desire to know the Shariah perspective: whether it is permissible to bury them in Muslim cemeteries or to send them to their home country, as has been the practice. The Committee also reviewed a copy of His Majesty’s (may Allah preserve him) confidential letter, No. 10118, dated 8/5/1391 AH, addressed to the Virtuous Deputy Mufti, which stated: "Since it is currently observed that those who pass away among these people are sent to their home country as foreigners, whether young or old, it is best to remain silent about this and not publicize it." The Committee also reviewed the explanation by the Virtuous Head of the Departments of Scientific Research, Ifta, Da'wah, and Guidance, regarding the referral of the matter to the Permanent Committee for Scholarly Research and Ifta to provide its views on what His Majesty sought to clarify.
Upon studying the matter, the Permanent Committee determined the following: It is not permissible to bury a non-Muslim with Muslims in their cemeteries; rather, he should be buried away from them, because they are harmed by his proximity to them. This is what the scholars (may Allah have mercy on them) stated in their books. In fact, they mentioned an issue that clarifies their position (may Allah have mercy on them) regarding the dead of non-Muslims and the necessity of keeping them away from Muslim cemeteries. It is stated in al-Muqni': "If a dhimmi woman who is pregnant with a Muslim child dies, she is buried
alone, and her back is turned toward the qiblah." In his marginal notes, he explained the reason for this, stating: "Because she is a disbeliever, she is not buried in a Muslim cemetery, and her child is ruled to be a Muslim, so he is not buried among the disbelievers." Considering that in our country (may Allah protect it and empower its rulers) there are no non-Muslim residents with its nationality, it is in its interest, and to minimize problems with others, not to designate a cemetery for non-Muslims within it. Therefore, if one of them dies and their relatives request to transfer the body to their home country, it is good to respond to their request. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his companions.
(Outside the abode of Islam, a cemetery is designated for Muslims, and it is not permissible to bury them with disbelievers)
Praise be to Allah alone, and may blessings and peace be upon the one after whom there is no prophet. Having reviewed the Permanent Committee for Scholarly Research and Ifta’s
letter from His Majesty (may Allah preserve him), No. 24786, dated 19/12/1392 AH, addressed to the Virtuous Head of the Departments of Scientific Research, Ifta, Da'wah, and Guidance, regarding the regulations on cemeteries, washing the dead, and burying them, which were prepared by the Ministry of Health, and concerning the inquiry about the topic of burying non-Muslims in Muslim cemeteries, and His Majesty’s (may Allah preserve him) desire to know the Shariah perspective: whether it is permissible to bury them in Muslim cemeteries or to send them to their home country, as has been the practice. The Committee also reviewed a copy of His Majesty’s (may Allah preserve him) confidential letter, No. 10118, dated 8/5/1391 AH, addressed to the Virtuous Deputy Mufti, which stated: "Since it is currently observed that those who pass away among these people are sent to their home country as foreigners, whether young or old, it is best to remain silent about this and not publicize it." The Committee also reviewed the explanation by the Virtuous Head of the Departments of Scientific Research, Ifta, Da'wah, and Guidance, regarding the referral of the matter to the Permanent Committee for Scholarly Research and Ifta to provide its views on what His Majesty sought to clarify.
Upon studying the matter, the Permanent Committee determined the following: It is not permissible to bury a non-Muslim with Muslims in their cemeteries; rather, he should be buried away from them, because they are harmed by his proximity to them. This is what the scholars (may Allah have mercy on them) stated in their books. In fact, they mentioned an issue that clarifies their position (may Allah have mercy on them) regarding the dead of non-Muslims and the necessity of keeping them away from Muslim cemeteries. It is stated in al-Muqni': "If a dhimmi woman who is pregnant with a Muslim child dies, she is buried
alone, and her back is turned toward the qiblah." In his marginal notes, he explained the reason for this, stating: "Because she is a disbeliever, she is not buried in a Muslim cemetery, and her child is ruled to be a Muslim, so he is not buried among the disbelievers." Considering that in our country (may Allah protect it and empower its rulers) there are no non-Muslim residents with its nationality, it is in its interest, and to minimize problems with others, not to designate a cemetery for non-Muslims within it. Therefore, if one of them dies and their relatives request to transfer the body to their home country, it is good to respond to their request. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his companions.
(Outside the abode of Islam, a cemetery is designated for Muslims, and it is not permissible to bury them with disbelievers)
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.