FUNERAL SALAH AND RULINGS ON FUNERALS » Burial of the Deceased People

FUNERAL SALAH AND RULINGS ON FUNERALS » Burial of the Deceased People (Body of Muslim's six-month old child buried in christian cemetery )

Question
I am an Arab who went to Russia to study. I married a Russian girl who converted to Islam for the sake of Allah. We have three children. After graduation I immigrated to an Arab Country for work, and my family joined me. Later, my wife chose to go back to Russia with my consent. There, my 6-month old daughter passed away. Her mother unaware of where to bury her, chose to put her with her Christian parents' tombs. Since my daughter is a Muslim and I did not attend the funeral, I want you to advice me what I should do regarding my daughter's burial in a Christian cemetery.
Best Wishes Yours Faithfully Basam

FATWA
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. First of all, we ask Allah to give you better than her, to reward you for her loss and to make her precede you in the Paradise. When a Muslim dies, he should be buried in Muslim graveyards. He/She shouldn’t be buried among disbelievers as their punishment in their graves disturbs him/her.

Imagine that a Christian woman dies with a four-month-old foestus from a Muslim man, she should not be buried with Muslims because she is a disbeliever neither should she buried with Christians because she carries a Muslim foetus. In this case, she should be buried alone with her back facing the Qiblah (direction of prayers) because he is a Muslim according to a common agreement among all Muslim scholars. Since the scholars have decided this, your wife made a mistake when she buried her daughter among the disbelievers. She should have asked about the legal fatwa if she didn’t know what to do. Since she had already been buried among the disbelievers and if her corpus will not change or burst when transferred from that graveyard, it should then be transferred to a Muslim graveyard if available and safe. Otherwise she should be transferred to a different a place even if buried alone.

Her corpus should not be left among non-Muslims. If it had deteriorated, the remains should be transferred to a different place or to Muslim graveyard, if possible. But if this could cause any harm to you from the authorities you should give it up. It is proved from the Hadith that Musa carried Yusuf’s bones with him when he left Egypt to bury him in a place better than the one in which he was buried. Al-Hakim narrated this Hadith and said it was a sound Hadith. In this Hadith… she (an old woman from Bani Israel) said: “Dig in this place, when they dug they found Yusuf’s bones, when they took them out of the earth the street become lit as if it were during the day time…” Allah knows best.

Fatwa answered by:
The Fatwa Center at Islamweb

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