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Are the Fees In lieu of Completing a Cremation Form Lawful?

Answered as per Hanafi Fiqh by Darulfiqh.com

Question:

A question from a doctor:
Its about Cremation forms that as Doctors we have to fill out before a body is cremated.  If a family choose to cremate their deceased, then a doctor has to sign a Cremation form to verify that the death was not suspicious.  In effect to clarify that there is no need to further investigate the death of the patient.
The alternative to a buried body would be to exhume a body, should the need arise for any further investigations surrounding the death.  As this is not possible for a pile of dispersed ashes, the doctor has a responsibility to complete the form to confidently convince the Coroner that the death was not suspicious.  There is a fee charged on the family for the doctor’s time in completing this form, as technically, it is non-NHS commitment, purely for legal purposes. The sum awarded to the Doctor is £87.50. Is this money Halal to accept?
To clarify – the money is not to permit a cremation, but to verify that there is no cause for concern in the death of the individual.

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Answer:

The service fee awarded to a doctor for completing a cremation form is lawful and permissible to accept. The fee is in lieu of a lawful service and therefore permissible to accept.

And Allah Ta’ālā Alone Knows Best

Mufti Faraz Adam,

www.darulfiqh.com

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This answer was collected from DarulFiqh.com, which is operated under the supervision of Mufti Faraz ibn Adam al-Mahmudi, the student of world renowned Mufti Ebrahim Desai (Hafizahullah).

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