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Is it permissible to transfer a body from one country to another?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamualaikum Q1-When someone passes away, is it permissible to transfer the body from one country to another like Ameer Jamaat Hazratjee Maulana Yusuf R.A his body was transfered from Pakistan to India? Q2-Was any Sahabah’s body transfered from one place to another? Q3-A person passes away in a country where he has no relatives,if the country where his relatives live is close then is it permissible to transfer the body to that country?

Answer

(Fatwa: 1611/1528=D/1429)

قال في البزازية نقل الميت من بلد الى بلد قبل الدفن لا يكره وبعده يحرم، قال السرخسي وقبله يكره أيضا الا قدر ميل او ميلين (شامى 305:5 و 663:1)

It means that transferring the death body from one place to another is makrooh (undesirable) though some Islamic jurists permit it but the preferred ruling is that it is undesirable, so one should avoid it if there is no severe need.

(2) Hadhrat Abdur Rahman (رضي الله عنه) was not buried where he passed away but he was taken to another place and buried there, but Hadhrat Aesha (رضي الله عنها) did object to it. Once in a journey, when she passed by his grave, she said: Had I power I would have not allowed you to be buried here, rather you should have been buried in the place where you breathed the last.

(3) It is allowable to take it to one or two miles, but it is makrooh tahrimi (undesirable to an extent of haram) to take it from one country to another:

يندب دفنه في جهة موته اي في مقابر أهل المكان الذي مات فيه أو قتل (شامي 1:602)

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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