I think this should help you, I'm still reading it
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Kindly refer to: www.alinaam.org.zafataawaurial.htm
Was salaam
Mufti Ebrahim Desai
FATWA DEPT.
TAKING BODY OF THE DECEASED TO NATIVE COUNTRY FOR BURIAL
Question
Respected, Honourable Mufti Sahib Assalamualaikum wa rahmatullah!
When a man or woman dies in our community the body is taken to our native
country following the bathing, shrouding and funeral prayers. A committee
system has been established to undertake this, and this practice has been
around for some time. However, some newly graduated Muslim scholars have
started to oppose this practice. What is the correct position in this
matter? Please answer in detail quoting the relevant texts so that one may
readily act accordingly and also enjoin upon others to do so.
Answer
The instruction of Shariah is that, following the death of a Muslim male or
female, the body should be bathed, shrouded and the funeral prayer offered
according to the sunnah as soon as possible. It is stated in Maraaqil Falaah
as follows:
i.e. when death becomes certain the bathing, shrouding and the burial should
be hastened to respect the deceased as the instruction given in the Hadith
is to hasten. It is improper that the body of a Muslim should be delayed.
It is Sunnah and preferable to bury the deceased in the burial ground of the
place where the death occurred. It is Makrooh Tahrimi (severely
reprehensible act) to transport the body to another town or country (without
valid excuse). It is stated in Maraaqil Falaah as follows:
If there is no burial ground for Muslims at the place of death or other
valid excuse, then in such circumstances it will be permissible to remove
the body to the nearest burial ground where the body may be buried. It is
stated in Maraaqil Falaah as follows:
There is a significant Muslim presence here in the United Kingdom and many
Muslim organisations provide a service through which the bathing and
shrouding of the deceased is easily performed. Local councils also provide a
separate facility where Muslims may be buried in accordance with the
requirements of Shariah, therefore the deceased should be buried in the
burial ground reserved for Muslims in that very same town or city. If there
is a delay in burial due to legal requirements with regards to the release
of papers or there is a need for a post mortem. Then in such compelling
circumstances there will be no sin.
There is a principle in Shariah that if one has to commit a sinful or
severely reprehensible, act to undertake a permissible action, then even
that permissible action, must also be refrained from. In view of this,
whilst transporting a deceased person to another town or country,
perpetration of the following many forbidden practices is seen to be in
evidence. Consequently, this practice can only be declared to be forbidden
and deserving abstention:
The burial of the deceased is often delayed for two - three and even more
days, while the Shariah requires that the burial should take place as soon
as is possible. This requirement is not fulfilled.
Delay in burial also results in the deceased developing an unpleasant
odour and physical decay.
According to the Hanafi Math-hab, the funeral prayer must only be
performed once; not two or three times. In transportation of the body, gives
rise to the funeral prayer being offered several times.
Health regulations of both of the respective countries require the body
to be injected with a certain matter and the dignity and respect deserved by
the deceased when alive must also be upheld after death. This dignity is not
upheld.
According to some reliable people information, the internal organs of the
deceased are removed, and if this is correct, then this is a great injustice
towards Muslim deceased, that his or her organs are be disposed of in this
way.
The coffin is stored and carried like other luggage, which is a further
show of disrespect.
Heavy costs are incurred and a lot of effort is exerted without a valid
reason.
At the death of a husband, the wife is required to observe a period of
waiting. Contrary to this, sometimes the wife also travels with the coffin
which is not permissible.
All of the above factors are those that are obvious. There are also many
other forbidden practices, which result from the transportation of the
deceased. Therefore, this practice must be corrected. The Muslim scholars
who oppose this practice do so correctly and are only fulfilling their duty.
Therefore, one must adhere to what they say. There is also a full discussion
regarding this issue in Ahsanul Fataawaa V4, and the proof presented by
those who hold an opposing view has also been answered. It would be very
beneficial to refer to that discussion.
And Allah Knows best
Mufti Ismail Kaccholvi
Darul Ifta Wal Irshaad
England, UK
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