Exhuming a body and conducting a post-mortem

Question:-

My mother passed away two years ago and was buried according to the principles of Shariat.

Her brothers and family have ordered for an exhumation to take place to carry out an autopsy to determine the exact cause of death.

I am the youngest of her children hence, no one would really listen to me and what I have to say, as they are all in favour of the exhumation and post-mortem.

I requested my father to not go ahead with this, but he is telling me I should be mentally prepared.

I would like to know the Mas’alah regarding exhumation and post-mortem in light of Shariah. Does the mayyit feel pain? Is this an Adhaab on the Mayyit?

Answer:-

We are not aware of the background to your question. However, we will provide the Shari’ee ruling in regards to the matter. When conducting a post-mortem, the body of the deceased person is cut open. If the same procedure was to be carried out on a living person, then he or she would experience a great deal of pain and discomfort. Hence, the deceased should also not be inconvenienced in any way whatsoever.

Secondly, by carrying out the post-mortem the body of the deceased is disrespected and humiliated. The body of a female is placed before male doctors, who will then touch the body and look at the Satr, which is totally unacceptable in the Shariah. In conclusion, one should refrain from subjecting the deceased to such humiliation as far as possible.

Yes, if the law of the country demands that a post-mortem be conducted to determine the cause of death, then one is left with no alternative but to comply with the law of the country. If this is not case (in your scenario), then the body should not be exhumed.

[Re:- Fataawa Darul Uloom Zakariyya Pg.735 Vol.2]

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 22 Rabi-ul-Awwal 1444 / 19 October 2022