Q: A person passed away 6 months ago and was buried after 3 months by the state as a pauper along with 2 non Muslims in a cemetery. The family only found out now and have obtained permission from the state to exhume the body.
1. Can ghusl be done now?
2. Can janazah salaah be performed?
A: If a person was buried without ghusal and Janaazah Salaah then the Janaazah Salaah will be performed at his grave provided the body has not decomposed. If after performing the Janaazah Salaah and burying the deceased it was discovered that ghusal was not given to him, then the Janaazah Salaah will have to be repeated at the grave provided the body has not decomposed.
Note: The time it takes for the body to decompose will be determined through the nature of the soil of the area in which the deceased was buried. This will differ from place to place. Hence, it is not possible to specify any period of time. This is the most preferred opinion among the Fuqaha. (Ad Durrul Mukhtar 2:224)
And Allah Ta’ala Knows Best
Darul Ihsaan