Making a bequest to take the deceased back to his homeland

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Q1. Is it compulsory to bury the dead as soon as possible or can you comply with the deceased WILL to be buried abroad.
Q2. What should be done to the money the deceased left for the arrangement to send the body abroad, if it is not sent abroad?

In the name of Allah, the most Beneficent, the most Merciful.

Answer

There are differences of opinions regarding the distance allowed to take the deceased from one place to another.  One view is 48 miles whilst another is one or two miles.  Anything above that is Makruh Tahrimi.   (Raddul Muhtar p.146 v.3)

It is not permissible for a dying person to make a bequest of transporting his body to another country; therefore, it would not be permissible to carry out such an order.

One should bury the deceased as soon as possible. Saaiduna Abu Hurairah Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam said, “Speed up the funeral; if it is one of a good person, you are only taking that person to a good prospect. If otherwise, then he is no more than an evil you are putting off your shoulders.” (Sahih Bukhari)

Saaiduna Abdullah ibn Umar Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam said, “I heard Allah’s Messenger say: When anyone of you dies, do not keep his body. Be speedy when taking him to his grave.” (Tabraani)

The money which was left should then be distributed amongst the heirs of the deceased.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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