The ruling on burying Muslims in the Graveyards of the Disbelievers due to necessity

The ruling on burying Muslims in the Graveyards of the Disbelievers due to necessity


Question :

Is it permissible to bury the Muslims in the graveyards of the non-Muslims if the Muslims are living in a land that is far away from their (Muslims') graveyards and their burying them in the Muslims' graveyards would require them to travel more than a week with the deceased? This is while
knowing that it is from the Sunnah to hasten the burial of the deceased.


Answer:

It is not permissible for the Muslims to bury a Muslim in the graveyards of the disbelievers. This is because the action of the people of Islam from the time of the Prophet, the Rightly-Guided Caliphs and those who came after them has continued to be separating the graveyards of the Muslims from those of the disbelievers. They would not bury the Muslim with the Mushrik (polytheist, idolater, pagan). This was a consensus (Ijma') in action, that they would single out the graveyards of the Muslims from those of the disbelievers. This is also due to what An-Nasa'i recorded from Bashir bin Al-Khasasiyyah that he said, "I was walking with the Messenger of Allâh when he passed by the graves of the Muslims. So he said:
'Verily these people have gone ahead (leaving behind them) much evil (i.e., the evil of this world)."

Then, he passed by the graves of the Mushrikun (polytheists, idolaters, pagans) and he said:
Verily these people have gone ahead (leaving behind them) much good (i.e., having failed to do good deeds in this world)."

Hence, this proves the separation between the graves of the Muslims and the graves of the Mushrikun.

It is obligatory upon every Muslim to avoid taking an un-Islamic land as his homeland and he should not live among the disbelievers. Rather, he must move to an Islamic land, fleeing with his religion from the evil trials of the un-Islamic lands. This is also so that he may be able to establish the symbolic characteristics of his religion (Islam), help his Muslim brothers in righteousness and piety and increase the population of the Muslims. The exception is for whomever lives among them (i.e., the non-Muslims) in order to spread Islam, and he is fit for that work and able to carry it out. This is for the person who it is known will have an effect on others and will not be overcome (by the evils and temptations of the disbelievers). This is allowed for such a person. Likewise, whoever is forced to live among the disbelievers (it is allowed for them to do so). These people must work together and help each other. They must establish specific graveyards for themselves so that they can bury their deceased in them.


Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 3 Pages 79-80-81

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