Ruling on moving a deceased person after burial to carry out their bequest
Machine translationRead the Arabic original
Question:
The listener Shu'ban Muhammad Abd al-Mu'ti says: I am an Arab citizen, and I have a question that constantly confuses me: I have been traveling to an Arab country for two years. Before I left, my mother said to me: "If I die while you are in our country, I ask you to bury me away from your relatives." Fate willed that she passed away while I was traveling. So, is it permissible for me to move her to another place when I return from my trip?
Answer:
No. As long as she was buried in a place among Muslims, do not move her. Even if you had been present, this bequest would not have been obligatory for you to fulfill; rather, you would have buried her in an appropriate place, even if that contradicted her bequest. This is because a bequest that contradicts the Shari'ah of Allah is not required to be carried out. So, if you had been present, it would have been prescribed for you to bury her in an appropriate place among Muslims. And if you were absent and she was buried in a place among Muslims, do not move her.
However, if she was buried in a place among disbelievers, or in an inappropriate place on a road where people might walk over it, or in a place at risk from a flood that would sweep it away, then there is no harm in moving her to an appropriate place among Muslims as an act of excellence. May Allah guide them all. Yes.
The presenter: O Allah, amen. May Allah reward you with good.
The listener Shu'ban Muhammad Abd al-Mu'ti says: I am an Arab citizen, and I have a question that constantly confuses me: I have been traveling to an Arab country for two years. Before I left, my mother said to me: "If I die while you are in our country, I ask you to bury me away from your relatives." Fate willed that she passed away while I was traveling. So, is it permissible for me to move her to another place when I return from my trip?
Answer:
No. As long as she was buried in a place among Muslims, do not move her. Even if you had been present, this bequest would not have been obligatory for you to fulfill; rather, you would have buried her in an appropriate place, even if that contradicted her bequest. This is because a bequest that contradicts the Shari'ah of Allah is not required to be carried out. So, if you had been present, it would have been prescribed for you to bury her in an appropriate place among Muslims. And if you were absent and she was buried in a place among Muslims, do not move her.
However, if she was buried in a place among disbelievers, or in an inappropriate place on a road where people might walk over it, or in a place at risk from a flood that would sweep it away, then there is no harm in moving her to an appropriate place among Muslims as an act of excellence. May Allah guide them all. Yes.
The presenter: O Allah, amen. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
