Disposing of human body parts after some surgeries
(Part No. 7; Page No. 316)
Fatwa no.
21323
All praise be to Allah Alone, and peace and blessings be upon the Last of the Prophets. To proceed:The Permanent Committee for Scholarly Research and Ifta' examined the question submitted to the Grand Mufty by the General Manager of the hospitals in light of the letter from the Director General of Health Affairs in
Al-Qasim
based on the letter of the General Supervisor of King Saud Hospital in
`Unayzah
that was referred to the Committee from the Secretariat General of the Council of Senior Scholars with the No. Of 15 on 03/01/1421 A.H. Following is the wording of the questioner:In reference to Fatwa no. 8099 dated 21/05/1405 A.H. issued by the Permanent Committee for Scholarly Research and Ifta' regarding
the disposal of surgically removed human parts
which reads: We forward to you the question memorandum received from the Manager of the religious affairs branch in the western district no. 8 dated 11/01/1405 A.H. We hope that Your Eminence could inform us of the Shar`y (Islamic legal) ruling on this issue, because there are many hospitals under the Ministry of Defense and Aviation in which similar cases occur. They ask for a ruling on how to dispose of surgically removed human parts since the used disposal procedure is to burn these parts. (Part No. 7; Page No. 317) The inquired-about parts are usually the following:1. Amputated limbs due to accidents.2. Human body parts removed not because of a disease, but for hygienic reasons (the removed foreskin in male circumcision).3. The placenta that is cut after delivery or any dead fetus or fetal remains from an abortion.4. Pulled-out teeth and molars or the like in dental implants.We hope that Your Eminence can tell us the Shar`y ruling to generalize it in all hospitals of the Ministry of Defense and Aviation. May Allah grant you success!The Committee replied as follows: It is not permissible to burn these human body parts. It is obligatory to bury them in a pure place. Regarding a dead fetus, if it is after the soul has been breathed into it, i.e. When it is four months old, it must be washed, shrouded, Janazah (Funeral) Prayer offered for it and buried in a Muslim graveyard if it is born among Muslims or born to one or two Muslim parents. But, if the miscarried fetus belongs to non-Muslim parents, it does not need to be washed, and no Janazah Prayer should be offered for it. Rather, it can be buried in its clothes or a sheet in non-Muslims graveyard.However, some inquires have been made as to the way of implementation:1. What exactly is meant by "a pure place"? Must it be a graveyard or can it be at any other place? What is the responsible authority that should undertake the burial process?2. Should the burial be carried out on a daily basis or can the remains be collected and kept in the morgue refrigerator, to be buried later? (Part No. 7; Page No. 318) 3. Do dental wastes mean pulled-out teeth and molars and the like or something else?We hope to receive answers to these inquiries. As-salamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you!)
The Permanent Committee has examined the problems reported by the General Manager of the hospitals with the no. Of 12507/6851/26 dated 29/12/1420 A.H. based on the letter of the Director General of health affairs in
Al-Qasim with the no. Of 121446 12 / 45 dated 01/12/1420 A.H. concerning Fatwa no.8099issued on 21/02/1405 A.H. by the Permanent Committee for Scholarly Research and Ifta` in respect of the disposal of human remains and the answer was as follows:
First:
The pure place meant is that which preserves these human body parts from violation and avoids causing harm because of their offensive smell. Therefore, they should be buried in a public graveyard, which is the best course of action, or in a distant yard away from public utilities. However, if the remains belong to a non-Muslim, they should be buried in non-Muslim graveyard.
Second:
The burial can be carried out on daily basis or whenever an amount is collected; this is more convenient to the performers of this task. (Part No. 7; Page No. 319)
Third:
Pulled-out teeth and molars are not included among the human body parts that must be buried, because they fall under the ruling on parts separated from the body, and do not cause any harm if not buried.May Allah grant us Success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!
A Muslim man, who li...
