Issue 290: It is forbidden to exhume the dead body of a Muslim, that is, to open their grave even if it belongs to a child or an insane person. However, it does not matter to do so if the dead body has been decomposed and turned into dust.

Issue 291: To exhume the dead body of a Muslim is not forbidden in the following cases:

1- When the dead body has been buried in a usurped land whose owner does not consent for the dead body to be buried there.

2- When the shroud or any other thing buried with the dead body is a usurped property whose owner does not consent for it to remain with the dead body in the grave. Similarly, when any part of the dead person's legacy for his heirs or heiresses is buried in the grave and the heirs and heiresses do not consent to let it remain with the dead body in the grave, but if the legacy is not considerable and costly, for instance, a ring and the like, especially if it does not inflict any considerable harm to the heirs and heiresses to let it remain with the dead body, it will be a case of Ta'ammul and Ishkaal, (i.e., a case of precaution not to do it). However, if the dead person has willed some certain written prayer, the Holy Quran, or a ring of theirs to be buried with their dead body, it is not permissible to open the grave in order to take these things out provided that the willed thing to remain with the dead body do not exceed one-third of their property.

3- When the dead body has been buried without the obligatory Ghusl or without a shroud; or when others learn that the Ghusl given to the dead body has been void or the dead body has not been shrouded according to religious rules, or when it is learned that the dead body has not been placed in the grave facing the Quiblah.

4- When it is necessary to see the dead body in order to defend a right.

5- When the dead body has been buried in a place where it is seen as disrespect to the dead person, for instance, in a place where garbage is thrown.

6- When it is the matter of a legal purpose which is considered more important than exhumation, for instance, to open the grave in order to take a living baby out of the womb of a dead woman who has been buried.

7- When it is feared that a predator would tear up the dead body or it will be taken away by flood or exhumed by enemies.

8- To bury a part of a buried dead body, but as an obligatory precaution, it must be placed in the grave in such a way that the dead body is not seen.

Q292: What must be done if a person has willed to be buried in a certain place such as the Lofty Karbala, but now, it is not possible to transfer their dead body to that place? Is it allowable to keep the dead body in a place, or must it be buried and then exhumed when the transfer is possible?

A: If one has willed so, and they have been buried in a different place, the exhumation is permissible; but if they are planning to transfer the dead body to sacred places, it is better to lay the dead body in a coffin and bury the coffin in the grave, because it will lead to the least if any violation of the legal rules in this way.

Q293: What is your view on the exhumation of a dead body for the purpose of taking out a piece of the skeleton for scientific use of the students of medical sciences?

A: It is permissible to do so, but it is also necessary to arrange with the legal authorities about the exhumation in advance, and to exhume the dead body surreptitiously and to retain the outward shape and appearance of the grave.

Q294: Does it bring heavenly remuneration to provide bouquet of flowers, a video camera, and musical instruments etc, for a funeral?

A: Whatever is done to commiserate with the mourners is recommended and this commiseration deserves the remuneration.

Q295: Is it allowable to use the blood from a dead body to give a patient an emergency blood transfusion? If yes, then does it entail any compensation (Diyat)?

A: Given the above situation, it is allowable with the permission of the guardians of the dead person, and in any case, it does not entail any Diyat (money paid as compensation for having killed or injured a person), but the guardians can ask for money for the blood and donate to charity on behalf of the dead person.