It was the deceased's wish to be buried next to his family in North Cyprus

Fatwa no. 17786 Praise be to Allah Alone and peace be upon the Seal of all prophets.The Permanent Committee for Scholarly Research and Ifta' has reviewed the letter no. (A.M/2656), dated 19/3/1416 A.H. and sent to his Eminence, the Grand Mufty by His Royal Highness, deputy of the Emir of Makkah Al-Mukarramah, and which was referred to the Committee of the Council of Senior Scholars in letter no. (A.M. 1417), dated 24/3/1416. The letter of His Highness reads as follows:We received letter no. (91/83/142/241/1), dated 21/1/1416, from the Ministry of Exterior Affairs, Jeddah branch, based on the letter no. (204) which they had received from the British Consulate in Jeddah on 19/1/1416, and which indicates that Mr. Mustafa Mehmet, of British (Part No. 7; Page No. 334) nationality passed away in Makkah Al-Mukarramah after he performed Hajj for the year 1415 A.H., and was buried in there. His family informed the consulate that the deceased wished to be buried next to his family in North Cyprus and requested the consulate to notify the relevant authorities to issue instructions regarding transporting his body to North Cyprus where it will be reinterred. The Ministry of Foreign Affairs wants a report on this issue. His Royal Highness, the deputy of the Emir of Makkah al-Mukarramah wants to know the validity of these measures from the relevant authorities.We hope that after due consideration of the matter, you may tell us how the deceased was buried without the permission of the British Consulate and name the official who authorized his burial without the consent of his next of kin or the consulate. We further supplied his Eminence, the Grand Mufty (Islamic scholar qualified to issue Fatwa) of the Kingdom and the Chairman of the Department of Scholarly Research and Ifta' with a copy of this letter so that he may tell us of the validity of exhuming the body and sending it to his country for burial. Kindest regards.

After careful consideration, the Permanent Committee for Scholarly Research and Ifta' deem it impermissible to exhume the body of the deceased and transport it due to the lack of any legal justifications.May Allah grant us success. May peace be upon our Prophet Muhammad, his family, and Companions!