Fatwa No : 34618
Will non-believing men fulfill the burial rights of their muslim sister?

Will non-believing men fulfill the burial rights of their muslim sister?

There is an ex-Christian woman, who accepted Islam ten years ago. After becoming a Muslim, she got married to a Muslim man. She has no children. Her only relatives are her two brother and two sisters, who are all Christians. My question is, if she dies after being divorced, will her brothers fulfill her burial rights, or will it be performed by other non-mahrem Muslim men?

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioed scenario, a Muslim woman will bathe her (i.e. the deceased woman) and dress her in her Kafan (i.e. the white cloths that the deceased’s body is wrapped in). The expenses for this will be taken out from her (the deceased’s) own wealth. Then, since she does not have any Muslim relatives, her Christian brothers will be most deserving of placing her in her grave.
And Allah knows best.

مأخَذُ الفَتوی

ففي الفتاوى الهندية: وذو الرحم المحرم أولى بإدخال المرأة من غيرهم، كذا في الجوهرة النيرة وكذا ذو الرحم غير المحرم أولى من الأجنبي فإن لم يكن فلا بأس للأجانب وضعها اھ (1/ 166)