Q: I have a question regarding the burial of the deceased.
We are Pakistani living in Italy. In my town there is a space in the Christian cemetery dedicated to Muslims. Is it permissible for Muslims to get buried in that area of the cemetery? Or is it better to transport the body to our homeland for the burial?
A: The Shar’ee ruling is that when a person passes away, the Janaazah Salaah and the burial should be done as quick as possible and should not be delayed. Delaying in performing the Janaazah Salaah and burying the deceased is not permissible and is against the Sunnah.
Therefore, the Fuqaha have written that it is best and is mustahab to bury the deceased in the place where he had passed away. Thus, the deceased should be buried in the cemetery of the town he passed away (i.e. the area designated for the Muslims to be buried).
As far as transporting the body to another country is concerned, then if the body is transported quickly and there is no fear of the body decomposing, and there is nothing impermissible in shariah carried out in order to transport the body, then it is permissible to transport the body to another country.
However, if it is feared that the body will begin to decompose, it will not be permissible to transport the body to another country. Similarly, if chemicals are pumped in the body of the deceased in order to preserve the body in the case where the body is transported to another country, then this is also impermissible and against the Sunnah. Hence, in these cases, transporting the body to another country will not be permissible and should be avoided.
And Allah Ta'ala (الله تعالى) knows best.
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