Books » Islamic Laws
Search in:
THE PRAYER OF LONELINESS (ṢALĀT AL‑WAḤSHAH) →
← RECOMMENDED (MUSTAḤABB) ACTS OF ṢALĀT AL‑MAYYIT
LAWS OF BURIAL (DAFN)
Ruling 602. It is obligatory to bury a corpse in a manner that its smell does not come out and predatory animals cannot dig it out. If there is a danger that an animal will dig it out, the grave must be strengthened with bricks or similar things.
Ruling 603. If it is not possible to bury a corpse in the ground, it can be placed in a building or a coffin instead.
Ruling 604. A corpse must be laid in the grave on its right side in a way that the front of the body faces qibla.
Ruling 605. If someone dies on a ship, in the event that the corpse will not decompose and there is no problem with it being on the ship, the people must wait until the ship reaches land and then bury it in the ground; otherwise, the ghusl, camphorating, and shrouding must be performed on the corpse while it is on the ship. After performing ṣalāt al‑mayyit, the corpse must be placed in a large barrel, the lid must be closed, and the barrel must then be thrown into the sea; or, a heavy object must be tied to the feet of the corpse and it must then be thrown into the sea. If possible, the corpse must be thrown in a place where it will not immediately become food for animals.
Ruling 606. If there is a danger that an enemy will dig up the grave of a deceased person, exhume the body, and cut off its ears, nose, or some other part, then in the event that it is possible to do so, the body must be thrown into the sea in the way mentioned in the previous ruling.
Ruling 607. If necessary, the expenses of throwing a corpse into the sea and strengthening the grave can be taken from the deceased’s estate.
Ruling 608. If a [pregnant] disbelieving woman dies and the baby in her womb has also died, in the event that the father of the child is a Muslim, the woman must be laid on her left side with her back facing qibla so that the front of the baby faces qibla. The same applies, based on recommended precaution, if the spirit (rūḥ) has not yet entered the foetus.
Ruling 609. It is not permitted to bury a Muslim in the graveyard of disbelievers or to bury a disbeliever in the graveyard of Muslims.
Ruling 610. It is not permitted to bury a Muslim in a place that is disrespectful to him, such as a place where rubbish and dirt are thrown.
Ruling 611.* It is not permitted to bury a corpse in a place that is usurped nor in the ground of a place like a mosque, ḥusayniyyah,[1] or religious school that has been given as a charitable endowment (waqf) for purposes other than burial if it causes damage to the endowment or inconveniences the purpose of the endowment. In fact, based on obligatory precaution, it is not permitted even if it does not cause damage or inconvenience.
Ruling 612.* It is not permitted to exhume a grave for another corpse to be buried there unless the grave is very old, the first corpse has completely decomposed, and the act would not necessitate sinning, such as encroaching on the right of another person.
Ruling 613. If a part of the corpse becomes separated – even if it is its hair, nail, or tooth – it must be buried with the body. In the event that the separated part is found after the body has been buried, then based on obligatory precaution, even if it is its hair, nail, or tooth, it must be buried in a different place. Furthermore, it is recommended to bury nails and teeth that were separated from a person’s body when he was alive.
Ruling 614. If someone dies in a well and it is not possible to bring him out of it, the well must be sealed and it will be considered his grave.
Ruling 615. If a child dies in his mother’s womb, and were he to remain in the womb he would be dangerous for the mother, he must be taken out in the easiest way possible; and there is no problem if one is compelled to cut the child’s body into pieces. Furthermore, if her husband is skilled [in this matter], he must take the child out. If this is not possible, a woman who is skilled [in this matter] must take him out. The mother can also refer this matter to someone who can better perform this task and is more suited to her condition, even if that person is not her maḥram.
Ruling 616. Whenever a woman dies with a living child in her womb, if there is hope in the child surviving – albeit for a short time – then the woman must be cut open from wherever it is best suited for the health of the child and the child must be taken out; the mother’s body must then be stitched up. However, if one knows or is confident that if this were done the child would die, then it is not permitted.
Ruling 603. If it is not possible to bury a corpse in the ground, it can be placed in a building or a coffin instead.
Ruling 604. A corpse must be laid in the grave on its right side in a way that the front of the body faces qibla.
Ruling 605. If someone dies on a ship, in the event that the corpse will not decompose and there is no problem with it being on the ship, the people must wait until the ship reaches land and then bury it in the ground; otherwise, the ghusl, camphorating, and shrouding must be performed on the corpse while it is on the ship. After performing ṣalāt al‑mayyit, the corpse must be placed in a large barrel, the lid must be closed, and the barrel must then be thrown into the sea; or, a heavy object must be tied to the feet of the corpse and it must then be thrown into the sea. If possible, the corpse must be thrown in a place where it will not immediately become food for animals.
Ruling 606. If there is a danger that an enemy will dig up the grave of a deceased person, exhume the body, and cut off its ears, nose, or some other part, then in the event that it is possible to do so, the body must be thrown into the sea in the way mentioned in the previous ruling.
Ruling 607. If necessary, the expenses of throwing a corpse into the sea and strengthening the grave can be taken from the deceased’s estate.
Ruling 608. If a [pregnant] disbelieving woman dies and the baby in her womb has also died, in the event that the father of the child is a Muslim, the woman must be laid on her left side with her back facing qibla so that the front of the baby faces qibla. The same applies, based on recommended precaution, if the spirit (rūḥ) has not yet entered the foetus.
Ruling 609. It is not permitted to bury a Muslim in the graveyard of disbelievers or to bury a disbeliever in the graveyard of Muslims.
Ruling 610. It is not permitted to bury a Muslim in a place that is disrespectful to him, such as a place where rubbish and dirt are thrown.
Ruling 611.* It is not permitted to bury a corpse in a place that is usurped nor in the ground of a place like a mosque, ḥusayniyyah,[1] or religious school that has been given as a charitable endowment (waqf) for purposes other than burial if it causes damage to the endowment or inconveniences the purpose of the endowment. In fact, based on obligatory precaution, it is not permitted even if it does not cause damage or inconvenience.
Ruling 612.* It is not permitted to exhume a grave for another corpse to be buried there unless the grave is very old, the first corpse has completely decomposed, and the act would not necessitate sinning, such as encroaching on the right of another person.
Ruling 613. If a part of the corpse becomes separated – even if it is its hair, nail, or tooth – it must be buried with the body. In the event that the separated part is found after the body has been buried, then based on obligatory precaution, even if it is its hair, nail, or tooth, it must be buried in a different place. Furthermore, it is recommended to bury nails and teeth that were separated from a person’s body when he was alive.
Ruling 614. If someone dies in a well and it is not possible to bring him out of it, the well must be sealed and it will be considered his grave.
Ruling 615. If a child dies in his mother’s womb, and were he to remain in the womb he would be dangerous for the mother, he must be taken out in the easiest way possible; and there is no problem if one is compelled to cut the child’s body into pieces. Furthermore, if her husband is skilled [in this matter], he must take the child out. If this is not possible, a woman who is skilled [in this matter] must take him out. The mother can also refer this matter to someone who can better perform this task and is more suited to her condition, even if that person is not her maḥram.
Ruling 616. Whenever a woman dies with a living child in her womb, if there is hope in the child surviving – albeit for a short time – then the woman must be cut open from wherever it is best suited for the health of the child and the child must be taken out; the mother’s body must then be stitched up. However, if one knows or is confident that if this were done the child would die, then it is not permitted.
[1] A ḥusayniyyah is a congregation hall used by Shia Muslims for religious ceremonies.