The Deceased is to be buried in the land in which He dies

Question :

A father requested his children to transfer his body after his death from his land to the city of Al-Madinah Al- Munawwarah so that he may be buried in the cemetery of Baqi'ul-Gharqad. So, what is the ruling on transporting the body from one land to another so that it can be buried there?

Answer:

The Sunnah that was acted upon in the time of the Prophet and the time of the Companions was that the deceased were buried in the graveyards of the land where they died. Also, the martyrs were buried in the place where they died. It is not confirmed in any authentic Hadith or report from the Companions that anyone of the Companions was transported anywhere other than to the graveyards of the land where they died or the outskirts of the land or a place near to it.

For this reason, the majority of the Fiqh scholars have said that it is not permissible to transport the deceased before burying him to a land other than the land in which he died. The only exception is if there is a valid reason for doing so. This could be if it is feared that in burying him where he died something bad will happen to his grave or its honor will be violated due to some dispute or a lack of concern or care for it. In this case, it is obligatory to move it to where it will be safe. Another example is that the deceased be transported to his own land to make situations better for his family and so that they will be able to visit his grave. Hence, this is permissible. In regard to these reasons and their likes, the scholars have stipulated the conditions that there should not be any fear that the body will begin to change (i.e., decompose) due to the delay of burial, and that its honor is not violated. If there is no call for this (transporting the deceased to another land) or these conditions are not met, it is not permissible to transport it.

However, the allowance of transporting the body to a better land hoping for blessings - along with what it contains of fault (i.e., not being buried in the land where he died) - may be an evil that opens a door that may be difficult to close thereafter. This is because the people will successively follow this action and for the same reason the requests from them - for permission - will increase. Thus, the Committee thinks that every deceased person should be buried in the graveyards of the land in which he died, and that the deceased persons should not be transported (to another land) except for a sound and valid reason. This is acting according to the Sunnah, following what the Salaf of this Ummah were upon and blocking the means of evil. It is also actualizing that which the Islamic law encourages of hastening the burial and as a protection for the deceased from being subjected to procedures (i.e., embalming) used to preserve it from change (i.e., from decay). This also guards against the extravagance of spending large amounts of wealth without a legislated need or necessity that calls for it. It also protects the rights of the heirs and nurtures the Islamically sanctioned avenues of spending and righteous deeds that this wealth and its like should be spent on. This is what has been approved by signatures (of the members of Committee). May Allah send blessings upon our Prophet Muhammad, his family and his Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 3 Pages 70-71-72

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