Post-Mortem

Question

What is the ruling with regard to post-mortems?

At times, the government forces the people to have post-mortems. Can the authorities be bribed to avoid the post-mortem?

Answer

It is not permissible to deal with the deceased in such a manner that if a living person was dealt with in a similar manner then he would experience difficulty and pain. In carrying out a post-mortem the deceased is dissected and cut up which is most certainly a means of harming him, hence carrying out a post-mortem without a valid reason is not permitted in the light of Shariah. It also a means of humiliation to the human body thus we are required to refrain from such procedures.

However, if there is a genuine need for conducting a postmortem then carrying out such a procedure is permitted is Shariah. This is when it is a legal requirement from the country such as investigating the actual cause of death, etc.

If carrying out a post-mortem is government law and a legal requirement which cannot be avoided then we advise that one should abide by the law of the country. Avoiding the legal requirement by paying a bribe could result in one being caught out at a later stage thereby bringing about humiliation upon oneself and the Muslims at large which is Haraam. 

Also, when the legal authorities discover that a postmortem was avoided, it is very possible that the buried body is later
exhumed in order to conduct a postmortem which is a further inconvenience to the deceased. We therefore do not condone the practice of bribery to skip the legal system.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

Jadeed Fiqhi Masaa’il Pg.203 Vol. 1

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