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In the Name of God بسم الله

burial site

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(bismillah)

(salam)

:(

There are two situations which are bothering me, and I hope some brothers/sisters can give some enlightenment:

1. My maternal grandmother who has a royal blood (princess of sort) was married to a christian but in muslim rites. Some of their children (including my mother) embraced Islam, but most children became catholic. When my grandma died, her living husband and catholic children exerted all effort to have her buried in a catholic cemetery. This happened several years ago ( my grandpa is also deceased now).

Questions that bother me now: was the burial a mistake?... If so, what is the obligation of those who were responsible?

Do we have the religious and moral obligation to transfer our grandma to a Muslim Cemetery? If so, what rites/rituals are to be followed?

2. In a catholic city where there is no known muslim cemetery, can someone be buried in a memorial park that allows a non-catholic to be buried? Are we allowed to make reservation for a burial space in said memorial park as is being done in most cities?

I will be very glad to hear comments on these questions.

Allah blesss us always.

ammarjasir3355

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Salaam alaikum,

Your grandmother could not have been married to a non Muslim man, according to Islamic rites. It is not allowed for a Muslim woman to marry a non Muslim man. So the marriage was invalid.

For you second question. If part of the cemetary, away from the rest, is dedicated to the burial of Muslims, that is allowed. I know of some cemetaries such as this, where Muslims have their own section seperated from the rest of the cemetary, and it has been approved.

WaSalaam, Hajar

Edited by Hajar
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was she born muslim? and did she lead her life as one?

<{POST_SNAPBACK}>

She was born a muslim, both her parents being original muslims. but since her marriage to her christian husband she hasnt openly practiced her Islam faith like prayers and fasting, having resided in a mixed muslim-christian community, and where at that time Islamic teachings in our place was not so seriously undertaken.

About her marriage to a christian, let me just clarify that her husband got converted first to Muslim, thats why I said they were married in Islamic rites. But apparently our grandpa was never serious in his conversion, thats why he became a practicing christian again.

My question again is: do we, her lliving descendants, have the obligation to have her grave transferred to a muslim cemetery, If so, what are the rites to be performed in such transfer?

On the contrary, what is our responsibility if we donot do anythin about it?

Please dont forget to comment on the second question about reserving a burial space in a catholic memorial park.

Thanks a lot again... Salaam

ammarjasir3355

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About her marriage to a christian, let me just clarify that her husband got converted first to Muslim, thats why I said they were married in Islamic rites. But apparently our grandpa was never serious in his conversion, thats why he became a practicing christian again.

My question again is: do we, her lliving descendants, have the obligation to have her grave transferred to a muslim cemetery, If so, what are the rites to be performed in such transfer?

Salaam alaikum,

If your grandfather converted, then the marriage was valid. However, when your grandfather reverted back to his previous religion (apostated), the marriage was void.

The grandchildren, or any other Muslim who is able to, should move her remains to a suitable place. That is providing that the place she is buried is not suitable. If it is seperate from the other graves, in a section just for Muslims, then it is acceptable. But if she is buried in the non Muslim cemetary itself, this is not acceptable.

WaSalaam, Hajar

Edited by Hajar
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Salaam alaikum,

The grandchildren, or any other Muslim who is able to, should move her remains to a suitable place.  That is providing that the place she is buried is not suitable.

WaSalaam, Hajar

<{POST_SNAPBACK}>

Salaam,

What rites/rituals should we do in this tranfer? Please understand that we live in a country where access to opinions of a mujtahid is almost unavailable. Even internet access like this is only available when we have time to go to the centers. Most of the muslim areas in the philippines direly lack facilities.

Anyway, can i again seek your help to clarify what rites should we do in the transfer of the burial site? And to motivate my kins, can we cite any justification or legal opinion for such transfer?

Thanks and salaam...

ammarjasir3355

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Salaam alaikum,

You can tell the relatives, that all mujtahids say she must be buried in an Islamic cemetary. I believe they also say the body has to be moved, if it's buried in an inappropriate place. There are several risalah's online, where you can find the rulings. Let us know from whom you would like the ruling. If it's not online, someone may be able to get it for you, or direct you it.

You would need to wash her body according to the Islamic way, ghusl mayyit. And you would need to say the prayer for her. Go to this website and scroll down to the sections below. This is the link to Sayyid Seestani's risalah. The rules for everything you have to do after a person dies are there. Read all the sections I have listed below.

http://al-islam.org/laws/

Ghusl for Touching a Dead Body (527 - 538)

Rules Related to a Dying Person (539 - 555)

Rules to Follow After the Death

The Obligation of Ghusl, Kafan, Namaz and Dafn

The Method of Ghusl of Mayyit (556-575)

Rules Regarding Kafan (576 - 599)

Rules of Hunut

Rules of Namaz-e-Mayyit (600 - 619)

Method of Namaz-e-Mayyit

Mustahab Acts of Namaz-e-Mayyit

Rules About Burial of the Dead Body (620 - 654)

Mustahab Acts of Dafn

Namaz-e-Wahshat

WaSalaam, Hajar

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Salamun alaykum,

Thanks so much sis Hajar and the others for sharing your ideas.

But some related questions on this topic: what are the consequences of burying a muslim in a non-muslim cemetery? Will it cause any suffering to the dead in the barzakh and the qiyamat? And those responsible for such act (the liviing relatives), are they liable also?

Wa salaam,

ammarjasir3355

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Salaam alaikum,

I don't know if it will cause suffering to the dead. But from what I understand, this is one of those cases where the entire Ummah is responsible to amend the situation. If one person does it, then the rest are relieved of the responsibility. So certainly, if there are Muslims who are in a position to rectify the situation and they don't, they will be held responsible.

WaSalaam, Hajar

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Salamun alaykum,

Thanks so much sis Hajar and the others for sharing your ideas.

But some related questions on this topic: what are the consequences of burying a muslim in a non-muslim cemetery? Will it cause any suffering to the dead in the barzakh and the qiyamat? And those responsible for such act (the liviing relatives), are they liable also?

Wa salaam,

ammarjasir3355

<{POST_SNAPBACK}>

Wasalam and (salam)

Who do u do taqleed to?

According to Grand Ayatollah Ali al-Seestani:

Digging up the grave is allowed in the following cases:

When opening the grave does not amount to disrespect of the dead person, and it transpires that he was buried without Ghusl or Kafan, or the Ghusl was void, or he was not given Kafan according to religious rules, or was not laid in the grave facing the Qibla.......

When the dead body of a Muslim has been buried at a place which is against sanctity, like, when it has been buried in the graveyard of non-Muslim or at a place of garbage.

Do what you understand from these rulings....if you follow Ayatollah Seestani.

WaAllaho'Aalam- Allah knows best

wasalam

Edited by Haq hai ali
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