Fatwa No : 82560
Ruling on Transferring the Deceased After Burial

Ruling on Transferring the Deceased After Burial

Assalamu alaikum warahmatullahi wa brkatuhu! After conveying the Islamic greeting, I wish to state the following: I arranged the marriage of my younger brother with my younger sister-in-law. It has been approximately fifteen years since their marriage. During this time, she fell ill and had to have one of her kidneys removed. Eight years later, she again became seriously ill, and dialysis was initiated. I had her admitted to Liaquat Hospital, and her treatment began.
During this period, my in-laws demanded that she be taken to Dera Ismail Khan for treatment. Although most people from across Pakistan travel to Karachi for medical treatment, I took my sister-in-law by air to Dera Ismail Khan. At that time, my niece’s engagement was given to my younger brother-in-law. During the treatment, my niece remained by the patient’s side. Eventually, the doctors declared her condition incurable and sent her home. She passed away around 2 a.m., but I was not informed until 7 a.m. that morning.
There was a strike in Karachi that day. My wife and elder son fell ill on the way, and I informed them while they were traveling. I could not get a ticket due to the strike. There were small children at home, so I could not attend the funeral. When my wife returned, I learned that my in-laws were saying that I was responsible for their daughter’s death.
Later, I went for condolences with my uncle. In his presence, I was driven out of the house and physically attacked. We returned to Karachi. Afterwards, I sent my wife and elder son, Hafiz Khurshid, but my son was also attacked, so he returned.

Regarding the burial of my sister-in-law, we made all the necessary arrangements in the village, including the grave, but they did not bring the body to our home. Instead, they buried her in another village.
Previously, they had taken seven lakh rupees from me, stating they would buy a ten-marla plot for me in Dera Ismail Khan. But now they are refusing to acknowledge this amount and say, "We owe you nothing."
My demand is that a Jirga (tribal council) should decide the matter based on the Qur’an. I am ready to pay whatever expenses were incurred during the illness. However, my condition is that I will transfer the body and bury it in my own land.
My question is: What is the Islamic ruling regarding this situation, so that I may act accordingly?
Was it correct on their part to bury the deceased without our consent and as per their own decision, from a Shari‘ah perspective?
Do I have the right to claim the return of the seven lakh rupees?
Note: We are willing to pay for all the expenses incurred during the illness, but we want to transfer the body and bury it as per our choice. Is this allowed according to Islamic law, especially since it has now been around four months since the death? Only this much

الجوابُ حامِدا ًو مُصلیِّا ً

The in-laws of the questioner, who received an amount of seven lakh rupees from him for the purpose of purchasing a plot, are obligated either to purchase the plot and hand it over to him or to return the full amount. Their behavior in this matter is not only against Islamic principles but also reflects extreme misconduct. It is mandatory upon them to fulfill the questioner's Shari‘ah-based right and thus free themselves from worldly and Hereafter accountability. Otherwise, the questioner has the right to pursue legal action to recover his due. As for the expenses that the questioner incurred in the treatment of his sister-in-law — which he bore as a brotherly responsibility and goodwill — they are considered a charitable act (tabarru‘) on his part, and he shall be rewarded for it. Therefore, it is not appropriate for him to now demand reimbursement for those expenses.
Similarly, the parents of the deceased woman, who bore the costs of her treatment, did so out of goodness and kindness towards their daughter, and this too is considered a charitable act. They have no right to demand repayment from the questioner or his brother, and they are not legally or religiously obliged to be compensated for those expenses.
As for the questioner’s demand to transfer the body of his sister-in-law to his village or ancestral graveyard after four months, this is not permissible in Shari‘ah, as it entails disrespect to the deceased and is an unlawful and purposeless act. Hence, such a demand should also be avoided. However, the violent attacks carried out by the in-laws on the questioner and his son are undoubtedly a grave act of foolishness and terrorism. They are obligated to apologize to their son-in-law and grandson and must fully refrain from such unlawful actions in the future.

مأخَذُ الفَتوی

ففي الدر المختار:مرضت عند الزوج فانتقلت لدار أبيها، إن لم يكن نقلها بمحفة ونحوها فلها النفقة وإلا لا كما لا يلزمه مداواتها. (3/ 575)۔
وفي حاشية ابن عابدين: (قوله كما لا يلزمه مداواتها) أي إتيانه لها بدواء المرض ولا أجرة الطبيب ولا الفصد ولا الحجامة هندية عن السراج اھ (3/ 575)۔
وفي الدر المختار (ولا يخرج منه) بعد إهالة التراب (إلا) لحق آدمي ك (أن تكون الأرض مغصوبة أو أخذت بشفعة) (إلی قوله) ولا بأس بنقله قبل دفنه اھ (2/ 238)۔
وفي حاشية ابن عابدين: (قوله ولا بأس بنقله قبل دفنه) قيل مطلقا، وقيل إلى ما دون مدة السفر، وقيده محمد بقدر ميل أو ميلين لأن مقابر البلد ربما بلغت هذه المسافة فيكره فيما زاد. قال في النهر عن عقد الفرائد: وهو الظاهر اهـ وأما نقله بعد دفنه فلا مطلقا. قال في الفتح واتفقت كلمة المشايخ في امرأة دفن ابنها، وهي غائبة في غير بلدها فلم تصبر، وأرادت نقله على أنه لا يسعها ذلك، فتجويز شواذ بعض المتأخرين لا يلتفت إليه. وأما نقل يعقوب ويوسف - عليهما السلام - من مصر إلى الشام ليكونا مع آبائهما الكرام فهو شرع من قبلنا ولم يتوفر فيه شروط كونه شرعا لنا اهـ (2/ 239)۔