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Fatwa CenterBurying a body without a brain
Question
A relative of mine (May Allah (SWT) have mercy on him), died two weeks ago in the UK from a brain hemorrhage. He was found unconscious outside his house by neighbours and was rushed to hospital where he died several days later. The doctors could not decide whether he had slipped and hit his head or some one had attacked him. As a result they refused to issue a death certificate and said that the matter must be investigated by the police and that a post mortem examination must be carried out. So my relative remains in the morgue. Our family is, of course, very upset as we were anxious to bury him as soon as possible, in accordance with Islamic teachings. The police informed us that the whole process will take 2 months before they can conclude their investigations. In the meantime they cannot release my relative's body as they are examining on his brain. They said, however that they can release the body for burial without the brain if we wish. My question: is it permitted under Islamic Sharia Law to bury the body without the brain, or should we wait for the police to complete their investigation and for the body to be returned intact. Your advice is urgently appreciated.
Answer
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
You should hasten to bury the body of this person as soon as possible even if the corpse is missing his brain. The texts of Sharia emphasize speed burial of the dead. The Prophet said: "Be quick in taking a coffin (to the grave yard), because if the coffin is that of a virtuous and good person, you would hurry him towards good, and should he be otherwise, you should lay down evil from your necks". [Reported by Imams Bukhari and Muslim]
The above ruling of being quick in burial of a dead person is limited to one's ability. If the official authorities insist on keeping his brain and you are able to bury his body without the brain, you should carry out what is in your ability. The Prophet said: "When I command you to do something, you must obey and do it to the best of your power". [Reported by Imams Bukhari and Muslim]
In addition, you should follow up the matter of his brain till you receive it to protect it from any misuse.
When you receive the brain bury it beside the grave of the deceased if it is possible; otherwise you may bury it at any place.
Allah knows best.
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