619. The corpse should be buried in the ground in a manner that its odor does not reach the people, and scavenging animals are not able to exhume it. If there is a fear that these animals may exhume the body, the grave should be fortified with bricks or similar objects.
620. If burying the corpse in the ground is not possible, it should be placed in a vault or a coffin whereby the objectives of burial are realized.
621. The body should be laid in the grave on its right side, in a manner that its anterior faces the qiblah.
622. If a person dies at sea, one should wait until they reach land and then bury his body in the ground, as long as his body does not decay, and there is no problem in retaining his body on the ship. Otherwise, his body should be given ghusl, ÎunÙÔ and shrouded at sea. After offering the prayer on his body, it should be laid in a large container, and the lid of the container should be closed on it. Thereafter it should be thrown into the sea. The obligatory precaution is that as much as possible, the front of the body should face the qiblah.
If this is not possible, a heavy weight should be tied to its feet, and it should then be thrown into the sea. If possible, it should be thrown in an area where it does not get devoured immediately by sea predators.
623. If it is feared that an enemy may dig open the grave of a deceased, exhume his body, and sever his ears, nose or other limbs, then if possible, the body should be buried at sea as elaborated in the previous article.
624. The cost of burying the body at sea, or fortifying the grave of a deceased can be withdrawn from the actual estate of a deceased, in the event that doing so is necessary.
625. If a kÁfir woman passes away, along with the baby in her womb, and the father of the baby is a Muslim, then the woman should be made to lie on her left side, with her back facing the qiblah, so that the front of the child faces the qiblah. Based on obligatory precaution, the same will apply if the spirit has not yet entered its body.
626. It is not permissible to burry a Muslim in the cemetery of the kÁfirs, nor is it permissible to burry a kÁfir in a Muslim cemetery.
627. It is not permissible to burry a Muslim in an area that would be a sign of disrespect to him, like burying him in a landfill.
628. It is not permissible to burry a deceased on usurped land, or a land which has been dedicated for a purpose other than burial.
629. It is not permissible to burry a dead body in the grave of another body, if it amounts to infringing on another person’s right, or the exhumation of a grave that has not decomposed, or amounts to disrespecting the deceased. Otherwise, there is no problem in doing so provided the grave is old, and the first body has disintegrated or has been exhumed.
630. If the thing that was severed from a deceased is a part of his body, it must be buried with him. If it be his hair, nail or tooth, it should be buried with him based on obligatory precaution. As for the nail or tooth which separates from him during his lifetime, its burial is recommended.
631. If a person dies in a well, and it is not possible to retrieve his body, then the entrance of the well should be closed, and it should be considered his grave.
632. If a baby dies in the womb of its mother, and leaving it in the womb is dangerous for the mother, it should be delivered through the easiest possible manner. If one is forced to cut it into pieces, there is no problem in doing so. However, it should be delivered by her husband if he is skilled at it, or another woman who is skilled at it, if he is not. If such a woman is not available, a maÎram man who is skilled at it, or a skilled non-maÎram man if a maÎram is not available. If a skilled non-maÎram man cannot be located either, one who is not skilled at the task—determined by observing the aforementioned sequence—can deliver the baby.
633. If a mother dies and the baby in her womb is alive, even if there is no hope for the baby’s survival, one of the persons mentioned in the previous article—determined by observing the stipulated sequence—should make an incision in her stomach in an area which does not endanger the wellbeing of the baby. He should then deliver the baby from the womb and stitch it up in preparation for ghusl.
