Muslims ought to try their best to find their own cemeteries in the West. This is the safest choice. However, if there is a necessity to transfer the corpse of a Muslim from a non-Muslim country to his Muslim country back home, then there is nothing wrong with that.
Here, we would like to cite for you the following fatwa issued by Al-Azhar House of Fatwa, which goes as follows: “Jurists have stated that exhuming a corpse from its grave is allowed if there is a legal excuse for this, which is protecting a human right. An example of such case is when the body is buried in an area of land usurped from its rightful owner and that owner does not approve of the grave being placed there.
Jurists also approve transferring a corpse if the grave is damp or if there is a water leakage. This is stated in Al-Fatawa Al-Hindiyyah at the end of the book on waqf or endowment. Moreover, the Hadith reported by Al-Bukhari, on the authority of Jabir (may Allah be pleased with him) in the book on funerals is evidence on the permissibility of transferring a corpse for the good of a living person such as making him feel satisfied and at peace, and also for the good of the living and the dead in case of leaking water in the grave.
Therefore, if transferring a dead body from its grave is permissible on account of such excuses, it is also permissible to transfer it from a non-Muslim country to a Muslim one, both for his own good and for the good of the living.”
Transferring Corpses of Muslims from non-Muslim Countries to Muslim Ones
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