Post-mortem (autopsy) examinations are generally forbidden in Islamic law because it violates the sanctity of the human body. However, some scholars argue it may be permitted in cases of necessity, choosing the lesser of two evils, or for public interest based on principles of Islamic jurisprudence. It would be allowed for criminal investigations or medical research/education if required by law. The body must still be treated with dignity and buried promptly according to Islamic rites.

1. IS POST-MORTEM ALLOWED IN
ISLAMIC LAW?
Prepared By Iqbal Saujan
Department of Islamic Studies

2. INTRODUCTION
• Many civilizations and religions regard death as a transitional period,
bridging one stage of life with another.
• Handling mortal remains with respect is essential to protect the dignity of the
dead and to show respect for the feelings of loved ones who are still alive.
• Post-mortem (tashrīḥ) examinations have recently become common practice in
western medicine. This practice was not unknown in Islamic history.
• It is used to verify the cause of death and to obtain additional scientific
information on certain diseases, al well as to train medical students.

3. Dignity Of Deseeds In Al-quran And Sunnah
• A very important and fundamental principle should be remembered with
regards to the human body in that the human body, whether dead or alive, is
considered sacred according to Islam. Thus cutting it, mutilating it and tampering
with it in any way is considered blameworthy and unlawful.
“And verily we have honored the children of Adam.” (Surah al-Isra, V.70)
• A human body is sacred even after death. The Messenger of Allah (Allah bless
him & give him peace) said: “Breaking the bone of a dead person is similar (in
sin) to breaking the bone of a living person ( ‫كسر‬
‫عظم‬
‫الميت‬
‫ككسره‬
‫حيا‬ )”. (Sunan
Abu Dawud, Sunan Ibn Majah & Musnad Ahmad)
• Imam, Abu Ja’far al-Tahawi (Allah have mercy on him) states in the explanation
of this Hadith: “The Hadith shows that the bone of a dead person has the same
sanctity and honour as the bone of living person”. (Sharh Mushkil al-Athar)”

4. CONTINUE
• “A human being is honoured according to Shariah even if one is a non-believer
(kafir), and the meaning is that one’s body and organs are sacred. Hence, it will not
be permissible to even break the bone of a dead non-believer’s body.” (Radd al-
Muhtar)
• Thus the human body, dead or alive, has great significance. It is honoured and
sacred, and because of the sanctity that is attached to it, it will be unlawful to
tamper with it, cut parts of it or dishonour it in any way.
• Based on this very important principle, many scholars have declared that carrying
out post-mortems is unlawful, because it violates the sanctity of the human body.
• Cutting and dissecting the human body cannot be considered permissible regardless
of what beneficial results may stem out from carrying out a post-mortem.

5. CONTINUE
• The body will be denied the many injunctions and rituals prescribed by
Shariah, such as promptly burying it, not transferring it from one place to
another, ritual bath (ghusl), shrouding (kafn), etc
• these contemporary scholars have declared that post-mortems are unlawful
unless when there is a genuine need, such as for criminal identifications and
when one is forced by law.
• The states that Muslims, living in places where post-mortems become necessary
by law, should struggle in order to avoid post-mortems, because the benefits
can be obtained from other sources also. However, if one is compelled by law,
it would be permitted due to need and necessity.

6. PERMITTED SITUATION
• some contemporary scholars are somewhat relaxed with the issue of post-mortems.
They put forth examples of Islamic jurisprudence (fiqh) where permission is given to
cut open the dead body due to need. For example:
Example- 01:
“If a pregnant woman dies with her baby alive in her stomach, it will be necessary to
cut open her body and remove the baby. However, if the baby was also dead, it will
not be permitted to cut open her body.”
Imam al-Kasani (Allah have mercy on him) states:
“If a pregnant woman died with her child trapped in her stomach, then if it is thought the
child will be alive, her stomach will be cut open, because we have been faced with two
evils and we are choosing the lesser of the two. Cutting open the dead mother’s stomach is
lesser of an evil than killing the living baby.” (Bada’i al-Sana’i, 5/129)

7. CONTINUE
• Example -02:
“a person who unjustifiably and unlawfully swallowed a precious item, like a
gemstone, of another person and then died. In such a case, if the one whose
precious item he swallowed was to demand compensation, then if the deceased
person left some money behind, it will be paid from his leftover wealth. However, if
he left nothing behind, his body will be cut open and the precious stone or item will
be removed from him and returned to its owner.” (See: Fath al-Qadir and al-
Fatawa al-Hindiyya).
• Thus, in light of the above two examples, this group of scholars give
permission for carrying out post-mortems. They state that, based on the rule of
“choosing the lesser of two evils” post-mortems would be justified even for
medical research and scientific purposes.

8. BASIS OF POST-MORTEM IN ISLAMIC LAW
• Based on the principle following Islamic principle allowed the postmortem
1. Maṣlaḥah (public interest)
2. al-ḍarūrāt tubīḥ al-maḥẓūrāt (“necessity overrides the prohibition”)
3. and iktiyār akhaf al-ḍararayn (“choice of the lesser of two evils”)
• most legal authorities in Muslim countries do permit autopsies both for criminal
investigations and for scientific and educational purposes.

9. References
1. Adam, M. i. (2003, June 04). www.central-mosque.com. Retrieved from
Postmortems in Islam: https://www.central-
mosque.com/fiqh/postmortem1.htm
2. Al-Dawoody, A. (2017). Management of the dead from the Islamic law and
international humanitarian law perspectives: Considerations for humanitarian
forensics. International Review of the Red Cross.
3. Cross, I. I. (2020). Management of death body under Islamic Law .
Switzerland: International Committee of the Red Cross.