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 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 Peace Be Upon Him, the Rightly-Guided Caliphs and those who came after them has continued to be separating the graveyards of the Muslims from those disbelievers. They would not bury the Muslim with the Mushrik (polytheist, idolator, 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 the Messenger of Allah Peace Be Upon Him when he passed by the graves of the Muslims. So he said:
Verily these people have ahead (leaving behind them) much evil (i.e., the evil of this world) .
"Verily these people have ahead (leaving behind them) much evil (i.e., the evil of this world) ."
Then, he passed by the graves of the Mushrikun (polytheists, idolators, 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).
"Verily these people have gone ahead (leaving behind them) much good (i.e., having failed to do good deeds in this world).'"
An-Nasa'i no 2050.
Hence, this proves the separation between the graves of the Muslims and the graves of the Mushrikun.
It is obligatory upon the Muslim to avoid taking an un-Islamic land as his homeland and he would not live among the disbelievers. Rather, he must move to an Islamic land, fleeing with his religions from the evil trails 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 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 this 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.
The Permanent Committee



Tags : musalman, muslim, kafir, disbeliever, qabristan, graveyard
 
 

This question is on 61 page in Fatawa Islamiyah book.


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