Fatwa ID: 23003
Title: Making Ghusl in Christian Funeral Home and Burying Muslims in Christian Cemetery
Category: Issues of Muslim Minorities
Scholar: Dr. Main Khalid Al-Qudah
Date: 01/06/2008

Question
Esselamu Aleikum!

My question relates to performing ghusl in Christian funeral home and burring Muslims in Christian cemetery. In my community we have Islamic Cemetery which includes a building equipped with ghusl room that has everything necessary to perform ghusl. In addition to that there are 2 bathrooms for men and women, and two rooms. Cemetery and ghusl building are fully owned and operated by Muslims under name Islamic Cemetery Association.

Unfortunately, most people chose to use Christian funeral homes. In addition to that, they choose to bury their dead in Christian cemetery where they bought hundred spaces before there was Islamic Cemetery. Sad thing is that members of the board that is in charge of the Islamic Center are the ones who don’t see anything wrong with it. Actually the president of the center is the one who bought some space for him and his family. The person that is performing a duty of an imam is approving all of this. Jenazza sallah is performed on this cemetery in many cases. My question is the following: Is it haram to wash bodies in Christian funeral homes and bury them in Christian cemetery while there is an Islamic Cemetery where everything is done according to Sharia? Also should we be participating in Jenazza sallah for these people who refuse to be washed and buried in our Islamic Cemetery because that is what they exactly do they refuse to be washed and buried in it?

Esselamu Aleikum!


Answer
AA 1-Washing a deceased in a non-Muslim funeral home is permissible if it is done appropriately according to the Islamic rules. Meanwhile, doing so in a funeral home owned and operated by Muslims is preferred. 2- Burying him in a cemetery of non-Muslims is explicitly prohibited. A Muslim must be buried in an Islamic cemetery. 3-Since some Muslim communities who live out side the Islamic World need a lot of Islamic education, and they might not know that they must bury their deceased only in Islamic cemetery; performing the funeral prayer on such a people is permissible, because we assume that they do not know the ruling in this issue. But after educating and showing them what our scholars said about that, if they insist on being buried in non-Muslims’ cemeteries, then we should refrain from performing the funeral prayer on them. However, we should always be kind, patient, and wise when we address such issues, and do our best not to create any trouble in our communities while having a sincere intention to educate them and help them understanding and applying their religion. Dr.Main Al-Qudah The Assembly of Muslim Jurists in America www.amjaonline.org