The general principle of prompt burial
The starting principle in Islamic law is that the deceased should be buried without unnecessary delay. The Prophet ﷺ said:
«أَسْرِعُوا بِالْجَنَازَةِ»
“Hasten with the funeral.” (Agreed upon)
This hadith establishes that burial should not be postponed without need. The scholars understood from this that delaying burial for emotional preference alone is disliked if it causes unnecessary postponement.
The body is to be washed (ghusl), shrouded (kafan), prayed over (salat al-janazah), and buried promptly. Preservation of dignity and avoidance of hardship are central objectives.
Burial in the place of death
Many classical jurists stated that the default rule is to bury the deceased in the land in which they die. This is based on the principle of avoiding delay and hardship, and because the Companions were generally buried where they passed away.
Imam al-Nawawi, discussing the Shafi‘i position, states that transferring the body from one land to another without need is disliked because it delays burial and may expose the body to harm.
Similarly, the Hanbali jurists mention that it is disliked to transport the deceased long distances without a valid reason, as burial should be hastened.
However, they also state that if there is a benefit or valid reason, then it is permissible.
Evidences permitting transfer when there is benefit
The scholars mention that if there is a legitimate maslahah (benefit), transporting the body is allowed. Imam Shafi’ mentioned that Ya‘qub (peace be upon him) was later buried in the land of his forefathers. While this is not a direct legal proof, jurists cite it to show that burial away from the place of death is not inherently prohibited.
In addition, several Companions were transferred short distances for burial in specific graveyards. This indicates that movement itself is not forbidden; what is prohibited is unnecessary delay or harm.
Recognised valid reasons
The jurists mention several legitimate reasons that make transfer permissible:
- Burial in a Muslim cemetery instead of a non-Muslim one.
- Burial among righteous family members.
- Fulfilling the clear and reasonable request of the deceased.
- Protecting the body from desecration or mistreatment.
- Legal or safety concerns in the place of death.
If a Muslim dies in a land where proper Islamic burial cannot be carried out, many scholars consider transfer not only permissible but recommended.
The deceased’s request
If the deceased explicitly requested burial in a specific country, the scholars generally recommend fulfilling that request provided it does not involve something impermissible or excessive hardship.
The Prophet ﷺ said:
«نَفْسُ الْمُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ حَتَّىٰ يُقْضَىٰ عَنْهُ»
“The soul of the believer remains suspended because of his debt until it is paid.” (Tirmidhi)
This hadith demonstrates the seriousness of fulfilling rights after death. By analogy, fulfilling a reasonable burial request is part of honouring the deceased’s rights, as long as it does not violate Shariah principles.
The issue of delay
The critical condition remains that burial should not be significantly delayed.
The Prophet ﷺ said:
«إِذَا وُضِعَتِ الْجَنَازَةُ وَاحْتَمَلَهَا الرِّجَالُ عَلَىٰ أَعْنَاقِهِمْ…»
“When the funeral is placed and the men carry it on their shoulders…” (Bukhari)
This narration reflects the practice of immediate burial in the prophetic era. Scholars infer that unnecessary postponement contradicts the Sunnah.
Therefore, if international transport will cause prolonged delay beyond what is reasonable, it becomes disliked and potentially impermissible depending on the circumstances.
Short administrative delays required by law are generally excused.
Financial hardship
Islam discourages extravagance in funerals. The Prophet ﷺ said:
«إِنَّ اللَّهَ كَرِهَ لَكُمْ قِيلَ وَقَالَ وَكَثْرَةَ السُّؤَالِ وَإِضَاعَةَ الْمَالِ»
“Indeed, Allah dislikes for you idle talk, excessive questioning, and wasting wealth.” (Bukhari and Muslim)
If transporting the body causes significant financial strain, debt, or wasteful spending, many scholars advise against it. Simplicity in burial aligns more closely with Prophetic guidance.
Positions of the madhhabs
- Hanafi jurists generally consider transferring the body disliked without need, but permissible if there is benefit.
- Maliki jurists are stricter regarding unnecessary transfer but allow it when justified.
- Shafi‘i jurists state it is disliked without valid reason, permissible with benefit.
- Hanbali jurists hold a similar position: disliked without need, allowed when there is maslahah.
Across the schools, the consistent theme is that the act is not inherently forbidden, but must be justified.
Embalming and preservation chemicals
A common practical concern in international repatriation is the use of preservation chemicals, often referred to as embalming. In many countries, transporting a body across borders requires procedures intended to slow decomposition, which may involve injecting chemical preservatives and, in some cases, removing or replacing bodily fluids. From a Shariah perspective, this raises two related issues: interference with the sanctity of the body, and delay to burial.
The general principle is that the human body retains dignity after death and should not be harmed or subjected to unnecessary procedures.
Scholars deduce from the hadith about not breaking the bone of the deceased that the body of the deceased must not be violated or treated in a way that amounts to disrespect. For this reason, embalming is not part of Islamic burial practice, and where burial can take place promptly without it, it should be avoided.
However, Islamic law also recognises necessity. Where embalming is legally required for transport, or where it is unavoidable to prevent harm and to facilitate a legitimate transfer, many contemporary scholars permit it to the extent strictly necessary. The legal maxim is that necessities permit restricted concessions, and that concessions are limited to the minimum required. This is supported by the Qur’anic principle regarding compulsion:
﴿فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَلَا إِثْمَ عَلَيْهِ﴾
“But whoever is compelled by necessity, neither desiring it nor transgressing, there is no sin upon him.” (Surah al-Baqarah 2:173)
Accordingly, if a family has a valid reason to repatriate the deceased and the relevant authorities require embalming as a condition of transport, then it is treated as a concession under necessity, not as a preferred practice. It should not be done for cosmetic presentation or to facilitate prolonged delays, and any procedures beyond what is required should be refused. Where the choice is between prompt local burial without embalming and delayed repatriation that requires invasive preservation, many scholars advise that prompt burial is closer to the Prophetic instruction to hasten the funeral, unless there is a strong countervailing need such as lack of a Muslim cemetery or an inability to secure a dignified Islamic burial locally.
Summary
The ruling may be summarised clearly:
- The default is prompt burial in the place of death.
- Transferring the body is permissible if there is a valid reason.
- It must not involve excessive delay, disrespect, or financial harm.
- Burial in a Muslim cemetery is a strong legitimate reason.
- Fulfilling a reasonable request of the deceased is encouraged where feasible.
The earth belongs to Allah wherever one is buried. Honour in burial comes from obedience to Allah and adherence to the Sunnah, not geography.