Federal Territories Fatwa: Preservation Of Muslim Corpses Infected With Infectious Diseases In Times Of Covid 19

S
SKRINE

Contributor

SKRINE logo
Skrine is one of the oldest, largest and most awarded legal firms in the country, with a sterling global reputation, and a wide range of highly-regarded practice groups. The firm is currently led by 50 partners with over 110 lawyers.
This fatwa is in line with the view of Muslim scholars who believe that preventing greater harm from the transmission of infectious diseases is more important than not preserving corpses.
Malaysia Coronavirus (COVID-19)
To print this article, all you need is to be registered or login on Mondaq.com.
Following the 124th meeting of the Federal Territory Syarak Law Consultative Committee on 27 July 2020, the Mufti for the Federal Territories issued a fatwa on 1 June 2021 under P.U.(B) 317/2021, ruling that the use of chemical preservatives (embalming) to preserve a corpse is compulsory in the following situations:
 
  1. Situations of emergency, for example to prevent the spread of infectious diseases; or
  1. Any other situation deemed necessary by the relevant authorities, such as the Malaysian Ministry of Health.
Comments
 
It is trite that as a matter of Islamic law, the preservation of corpses through the uses of chemical preservatives is illegal as Muslims belief that human beings are creatures created by Allah who are glorified when they are alive and after death and should not be defiled.
 
However, given the alarming rise of COVID-19 related deaths amongst Muslims in Malaysia, this fatwa is seen to be a response to control the spread of infectious disease like COVID-19 carried by infected corpses when they are handled and arranged for burial. This fatwa is in line with the view of Muslim scholars who believe that preventing greater harm from the transmission of infectious diseases is more important than not preserving corpses.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Federal Territories Fatwa: Preservation Of Muslim Corpses Infected With Infectious Diseases In Times Of Covid 19

Malaysia Coronavirus (COVID-19)

Contributor

SKRINE logo
Skrine is one of the oldest, largest and most awarded legal firms in the country, with a sterling global reputation, and a wide range of highly-regarded practice groups. The firm is currently led by 50 partners with over 110 lawyers.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More