Legal Disposing of Bodies in the Sea

Assalam wr alaikum wr. wb. Editor of NU Online, one day ago we were shocked by the news of the disposal of the bodies of Indonesian crew members who work on Chinese-flagged vessels into the sea. Apart from international permanent procedures regarding the handling of a body on a ship, how should the handling of a body on a ship be examined in fiqh? Thus we convey, for the answer we thank you. Wassalamu ‘alaikum wr. wb. (Ali / Jakarta)

Answer Assalamu aik alaikum wr. wb.

Dear questioner and reader. May Allah give His mercy to all of us. We are quite concerned about what happened to those Indonesian citizens. May Allah give the best for the victims and their families. The obligation of people who live on the bodies of Muslims is to bathe, to understand, to pray, and to bury them. While the obligation to the body of non-Muslims is to understand and bury it as information that we get to Hasyiyatus Syarqawi Tahrir tool.

Information regarding the handling of a corpse on a ship that is at sea can be found in the Book of Raudhatut Thalibin by Imam An-Nawawi as follows:

إذا مات في سفينة إن كان بقرب الساحل أو بقرب جزيرة انتظروا ليدفنوه في البر وإلا شدوه بين لوحين لئلا ينتفخ وألقوه في البحر ليلقيه البحر إلى الساحل لعله يقع إلى قوم يدفنونه فإن كان أهل الساحل كفارا ثقل بشىء ليرسب

That is, "If someone dies on a ship - if the position of the ship is near the coast or near an island -, the passenger of the ship needs to postpone it to bury it on land. If not, they can tie it to two boards so that the body does not swell then they throw it into the sea towards the coast. It could be that the body will reach a group of people who can bury it.

But if the inhabitants of the coast are non-Muslim, then the body will be bathed with heavy objects so they can sink to the bottom of the sea, "(See Imam An-Nawawi, Raudhatut Thalibin wa Umadatul Muftin, [Beirut, Darul Fikr: 2005 M / 1425-1426 H], juz II, page 59).

According to Imam An-Nawawi, scholars can disagree over the obligation to bury a body on a ship at sea. But they did not disagree with respect to the obligations of bathing, safekeeping, and providing the remains for a body.

وإذا ألقوه بين لوحين أو في البحر وجب عليهم قبل ذلك غسله وتكفينه والصلاة عليه بلا خلاف It means, "If the passengers put them on the sea, they must use the ships, then oblige them, then they must use them, then they must use the ships, throwing them into the sea, then oblige them, then they must use them, then they must use them, then they must use the ships, throwing them into the sea. See Imam An-Nawawi, 2005 M / 1425-1426 H: II / 60). In the Book of Al-Majmu 'Syarhul Muhadzdzab, Imam An-Nawawi specifically mentions Muslim corpses accompanied by his companions who also boarded the ship. According to An-Nawawi, as far as possible this Muslim corpse friend is trying to bury his best friend on the nearest beach or island. But if there are other considerations, then they can take the following path:

قال أصحابنا رحمهم الله إذا مات مسلم في البحر ومعه رفقة فان كان بقرب الساحل وامكنهم الخروج به الي الساحل وجب عليهم الخروج به وغسله وتكفينه والصلاة عليه ودفنه قالوا فان لم يمكنهم لبعدهم من الساحل أو لخوف عدو أو سبع أو غير ذلك لم يجب الدفن في الساحل بل يجب غسله وتكفينه والصلاة عليه ثم يجعل بين لوحين ويلقى في البحر ليلقيه الي الساحل فلعله يصادفه من يي

It means, "Our friend from the Shafi'i School says, if a Muslim dies at sea and is with him friends - if his position is near the coast and allows them to bring him to the seashore - then they are obliged to bring, bathe, understand, condemn, and bury him . According to our friends, if conditions do not allow them to bring the body to the beach because of the position of the ship that is too far from the shore, fearing enemy attacks, wild animals, or other elderly, then they are not obliged to bury it on the beach. They are only obliged to bathe, to understand, and to trust it.

The body was then placed on two boards, then it was drowned to be carried by the waves to the beach. It could be that a body will be found by someone who can bury it, "(See Imam An-Nawawi, Al-Majmu‘ Syarhul Muhadzdzab, [Cairo, Al-Maktabah At-Taufiqiyyah: 2010 M], juz V, page 223). Thus our short answer. Hopefully it can be understood properly. We are always open in accepting criticism and suggestions from readers. Wallahul muwaffiq ila aqwathih tariq, Wassalamu ‘alaikum wr. wb. (Alhafiz Kurniawan)

Source: https://islam.nu.or.id