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Embalming the dead and not burying the dead within 3 days

Answered as per Hanafi Fiqh by Qibla.com

Answered by Sidi Salman Younas

What is the fiqh ruling on embalming the dead body so it can be sent to another state or country? Also, from my understanding, Muslims need to bury the dead within three days. What happens if they do not do this? Is it a big sin? Aside from decaying, does the dead body suffer in any other way if it is not buried on time?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

salamu `alaykum

I pray you are well.

There are three issues here:

[1] Transferring the dead body to another state or country,
[2] Embalming it, and
[3] Delaying it’s burial.

As for transferring a dead body to another land is prohibitively disliked (makruh tahriman) as stated by Imam Shurunbulali in his Nur al Idah, Ibn `Abidin in his Hashiya, Tahtawi in his, and others. Imam Tahtawi states, “(tranferring [the dead body] from one land to another) it is prohibitively disliked because transferring a mile or two is out of need and there is no such need in transferring to another land (s: or city).” This is the relied-upon position within the school.

Further, embalming the dead would not be permitted mainly because it involves procedures that the law clearly prohibits or considers disliked, such as the usage of impure substances on the body, incissions, and so forth.

As far as delaying the burial is concerned, it is disliked and contrary to the prophetic stipulations of hastening to bury the dead. Abu Hurayra narrates that the Prophet (Allah bless him and grant him peace) said, “Hasten the burial rites” (Bukhari and Muslim) and elsewhere “Make haste with your dead…” as narrated by Ibn `Umar and others. In the Fath al Qadir it states, “It is recommended to hurry the [funeral] preparations when one dies.” (kitab al salat, bab al janaza; Bahr al Ra’iq; Radd al Muhtar) Delaying the burial and other funeral rites could be sinful if the delay is excessive. However, it has no effect on the dead in terms of suffering or reward.

And Allah Knows Best

Wasalam
Salman
Approved by Faraz Rabbani

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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