Re-use of Burial Grounds Consultation
Question
This question is on behalf of the National Burial Council (NBC), UK.
In terms of the background, the Law Commission was set up to look at the laws of burials and in particular the re-use of graves and alternative methods of disposable of the deceased. The consultation is considering:
- the regulation of burial grounds;
- grave reuse and reclamation;
- closed and disused burial grounds, and exhumation;
Currently, the law permits someone to re-use the graves on local authority land after 75 years at the same depth or lift and deepen. There is no restriction of burying more than one person in a grave at different depths as long as there is no objection from families of those that have been interred.
Most of the graves purchased in our Council Owned Muslim cemeteries are on 100-year lease. After which the council could consider to re-use the grave.
The government’s objective has always been to reduce the number of burials due to the acute shortage of land and encourage the industry to consider increasing capacity for cremations and alternative methods like water reformation. We have been very clear that for Muslims, burials will be the only acceptable method.
The challenge for us is to give a clear message that, for all intense and purposes, our burial grounds are consecrated grounds and we therefore cannot allow people of other faiths to be buried in our area.
There are burial grounds where people of different faiths have been buried for 100’s of years. Many of these cemeteries are considered as closed or disused and, in some cases, the last burials may have taken place over 100 years ago. The Government are seeking to find ways of re-using these graves to help meet the shortage.
- The question therefore is where these cemeteries have been previously used to bury people of other faiths are then allocated for Muslim burials, are we allowed to bury in the same grave as those of other faith?
- If we can do so, what criteria and conditions would apply for us to be able to re-use the grave?
- Can people of different sex be buried in the same grave?
- What would be ruling if on opening the grave, the body is found to be not fully decomposed?
Where the existing cemetery has been used to bury those of Muslim faith:
- Can we bury more than one person in the grave?
- Could we re-use the grave, if so, what criteria. conditions, requirements would apply? Would there be timescale for re-use?
- If graves can be re-used what period of time should have lapsed for the re-use.
- Can Muslims be buried in previously or currently consecrated cemeteries (of another faith)
بسم الله الرحمن الرحیم
Answer
The answers to your questions are outlined in the following points:
- Cemeteries that were previously used by members of one particular faith should only be used subsequently by members of the same faith. Each faith has its own rules and regulations.
- If a Muslim was buried in a grave on a 100-year lease, it is permissible to bury another Muslim in that grave within the 100-year period subject to the consent of the heirs of the first deceased. Heirs can be encouraged to bury a family member or relative of the deceased in the same grave. After the passing of 100 years, consent is not required.
- In relation to the timescale for the re-use of an existing grave, this can be determined by the average time it takes for a body to decompose in the UK considering the climate and the use of coffins. Our understanding is that coffin burials in the UK take up to ten years to fully decompose but this should be verified by experts.
- If on opening a grave, a body is found to be intact, then the grave should not be re-used. If a few bones remain, then the bones can be moved to one side and the grave can be re-used.
- When re-using a grave after a short period such as ten years, one suggested solution is to bury the body at a different height and also on the other side of the grave (further to the Qiblah), so that the body is not directly on top of where the earlier body was buried.
- When re-using a grave, people of different sexes can be buried in the same grave, subject to the initial body being decomposed.
Allah knows best
Yusuf Shabbir
5 Jumādā al-Ūlā 1446 / 7 November 2024
Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir
