CARRYING THE CORPSE and the BURIAL
VISITING GRAVES and READING QUR'AN AL-KARIM
"Every soul shall taste of death,
then to Us you will be returned".
Ankabuut 57
"The life of the world is but a pastime and a game. Lo! The home of the Hereafter that is life, if they but knew." (29:64)
"So make provision for yourselves:
for the best provision is to ward off evil." (2:197)
Abdullah bin Omar narrates that once a person
said to the Prophet (pbuh), O, messenger of Allah! Tell me who is the wisest
and most farsighted of men." The Prophet replied, "He, who remembers "death"
much and makes the greatest preparation for it. They alone are wise and
prudent who are like that. They earned respect in this world as well as
glory in the Hereafter." (Tabrani)
The information presented here is largely based on the book "Caring
For Your Own Dead" by Lisa Carlson. (Reprinted
with permission.)
Shipment Of Bodies Dead Of Non-Contagious Diseases
Muslim With Non-Muslim Relatives
According to the National Funeral Directors Association, the average funeral costs over $4,600 in America.
Muslims are often bewildered by the funeral arrangements in funeral homes that are businesses designed to make profits for their owners. It is, however, not a requirement that a funeral should be handled by a funeral home or even have a funeral director. Most states do not require a funeral director, says Lisa Carlson in her book Caring For Your Own Dead. In every state the family can take charge of funeral arrangements and burial.
Persons in Pennsylvania may care for their own dead. The legal authority to do so is found in:
35 P.S. 450.501: The person in charge of interment or of removal of the dead body or fetal remains from the registration district shall file the certificate with any registrar who shall be authorized to issue certified copies of such death.
There are no other statutes or regulations which might require you to use a funeral director when embalming is not desired; however, if the death was due to a communicable disease, specific guidelines outlined in Title 28, Chapter 27 must be followed.
If you plan to take charge of the funeral arrangements, this information may be used as a general guide on procedures. It is very important, however, to follow all state and local regulations to the "Tee" (exactly). Otherwise, you could run in to some unwanted delays.
When private death arrangements are made in an area of the country were the practice is not already established, you can expect some hesitancy on the part of involved persons such a registrars and town clerk. Some hospitals may even be reluctant to release a body to a family.
People in authority, accustomed to delegating their duties to funeral
directors, may have to be informed of their responsibilities. That can
be frustrating, particularly when you are enduring a time of loss and grief.
Please remember that the majority of these people will probably be concerned
with performing their duties appropriately. Few will want to hinder your
choice if you have followed all required procedures and if you seem well
informed.
You should contact the hospital and/or coroner's office to inform them of your intent to take possession of the body. If they are uncomfortable with this a call from your attorney should follow.
You should have a container (wooden box) available to transport the body, and a vehicle. A truck, van, or station wagon can be used to transport the casket. The body should be carried in a horizontal position. (In other words, you should not try to transport the body in the back seat of a Volkswagen.)
If you are picking up the body from the coroner's office after an
autopsy you should utilize some type of bodybag to put the body in. Expect
some type of fluid leak.
A death certificate signed by the attending Pennsylvania licensed physician or coroner having jurisdiction over the death must be filed with any local registrar of Vital Records within 96 hours. If final disposition does not occur within 24 hours of death, the body must be embalmed or placed in a sealed container.
The wording for the cause of death should follow national guidelines. Any family member acting as a funeral director, (it is perfectly legal to appoint someone to act as the funeral director) should check carefully for this. If a doctor felt rushed when signing the form, the wording may not be acceptable or the doctor may have signed the form on the wrong line. These are common complaints of many registrars and funeral directors in almost every state. Any such errors will necessarily cause a delay in obtaining the final permits for disposition.
If complicated laboratory work is necessary to accurately determine the exact cause of death, the coroner may write "pending" or a similar phrase for the cause of death and release the body for disposition, excluding cremation. In those few cases, the person in charge of interment must file the final certificate with the local registrar who filed the "pending" certificate.
The death certificate information must be typed or written legibly in black ink. The medical certification must be completed by the physician or coroner. All other personal information is provided by the family or person best acquainted with the decedent. Therefore, everyone is encouraged to file all personal information required on the death certificate with their Masjid in advance to ensure speed and accuracy at the time of death. A sample of a standard death certificate for Pennsylvania is available. Ask about it at your Masjid.
Unless the signature of a licensed funeral director is required by the state (and it is not required in Pennsylvania), the family or church member who is handling arrangements must sign the death certificate in the space marked "signature of funeral service licensee or person acting as such".
A local registrar or funeral director may assist in filling out a
death certificate if help is needed. Check at your Masjid for a list of
local registrars in Allegheny County.
Never move a body without a permit (or medical permission)! Permits are obtained after submitting the death certificate to the local registrar. In most states funeral directors serve as deputy registrars. If death occurs during an evening, weekend, or holiday, when local municipal offices are closed, a funeral director may be needed to furnish or sign the disposition or transit permit. As a deputy of the state in this function, there should be no charge unless such a charge is already set by the state. In Pennsylvania, only local registrars can issue disposition and transit permits.
Always call ahead if you plan to take the body to a cemetery. They
should be informed and prepared for your arrival.
All states honor the properly acquired permits of other states when
a body is to be moved from one state to another. There may be local regulations
with regard to disposition, however, which should be checked by telephone
before setting out for the destination.
Pennsylvania Code, Title 28, Section 1.23
(a) Human bodies, dead of noncontagious diseases, which are to be shipped by common carrier to a point which cannot be reached within 24 hours after death shall be either embalmed or placed in a metal or metal-lined hermetically sealed container. Bodies which remain unclaimed for 36 hours after death shall fall under the jurisdiction of the Humanity Gifts Registry and shall be shipped in accordance with its procedures.
(b) Except for bodies shipped by air, embalmed bodies shall be shipped by placing the casket in a strong outer box made of lumber no less than 7/8 inch thick, bearing at least four carrying handles, two on each side, or six handles when the box is over 5 feet 6 inches in length, or an approved metal shipping case.
(c) For transportation by air the casket may be placed in a receptacle
which meets the specifications of the carrier.
With hospice support, many persons are able to die at home in familiar surroundings. In some states, an "expected" death can be certified by an attending Registered Nurse under such circumstances.
In Pennsylvania, a Registered Nurse is permitted to pronounce death;
however, a Pennsylvania licensed physician or coroner must certify the
cause of death.
When death has occurred in a nursing home, it will be important to
work out your plans with the nursing home staff ahead of time. If the deceased
has had only a semi-private room, for example, the nursing home may have
no other location for placement of a body while permits are obtained. Staff
members are accustomed to calling a funeral director, regardless of the
time, and having the removal within an hour or so of death. Out of consideration
for other residents, it may not be feasible for the nursing home personnel
to allow a long delay while permits, a container, and vehicle are obtained.
Disposition of a fetal or infant death can be handled entirely by the hospital as a courtesy if a family so chooses. Most funeral homes charge little if anything for an infant death, depending on the arrangements.
When other deaths occur in a hospital, the relative on hand should ask nursing staff to remove any life-support articles such as catheters, IV needles, and feeding or breathing tubes. A catheter, for example, is held in place by a "balloon" and is not as simple to remove as an IV needle.
Some of the nasal tubes appear especially disfiguring after death and may be of concern to other family members who are expected later to help with the death arrangements. Most hospitals will probably cooperate with this request although not all are accustomed to doing so.
Some hospitals may be reluctant to release a body directly to a family without the use of a funeral director. If the death involved is an "expected" death, advising the hospital ahead of time of your intentions may be helpful. If hospital personnel are confused or misinformed about their obligations, a telephone call from your lawyer may be in order.
It is important for families to recognize the legitimate needs of
hospitals. Some hospitals may have no storage facilities for dead bodies
while permits are obtained and may insist on calling a funeral director
for immediate removal after death if they feel there is to be any significant
delay.
A special death certificate, or Certificate of Fetal Death, is required in all but two states for fetal deaths (miscarriages). Eleven states seem to require registration of all fetal deaths.
Some statutes gauge pregnancy duration by fetal weight, i.e., 350 grams (12.5 oz.). In Pennsylvania a death certificate is required after a 16 week gestation period, and since any unattended death including fetal death - could require a coroner's investigation, a physician should be called in any event. If there is no family physician involved, the local coroner must sign the fetal death certificate. All other procedures apply if disposition is handled by the family.
Even if there is uncertainty as to whether reporting requirements
are applicable, in some situations reporting of a fetal death may be helpful
in obtaining insurance benefits.
When burial is arranged, the family member acting as the funeral director must sign the authorization for disposition and file the second copy with the local registrar or the Division of Vital Statistics within 24 hours after death if embalming is not desired. The first copy is to be retained by the cemetery . In the case of home burial, the person in charge of interment must retain the first copy.
In Pennsylvania, if embalming is not desired, the body must
be buried with 24 hours after death. Be sure to call the cemetery in advance
to see if they accept bodies for burial on Sundays. Some cemeteries will
not accept bodies for burial on Sundays. The day is reserved for visitors.
As the law reads now in Pennsylvania, the family of the deceased
can legally take control of the funeral arrangements. This law can be changed,
however, and it is called " The Personal Preference Law". (It is already
legal in some states.) This must be done through the local state legislator.
It is Sunnah to bury Muslims in a "Muslim" cemetery, and it is perfectly legal in Pennsylvania to designate private property as a cemetery. Authorization must first be granted by City council, however, and the land must be in a zone designated for "conditional use". Maps are available at the Zoning Counter, Department of City Planning outlining the areas that can legally be used as cemeteries in Pittsburgh.
An application for approval of a conditional use must be filed, fees paid, permits obtained, plans submitted, a public hearing held, and the Mayor's authorization granted before using private land as a cemetery. In rural areas, you can basically bury someone in your backyard. Contact the Department of City Planning in Pittsburgh for detailed instructions.
Department of City Planning, 200 Ross Street, Pittsburgh PA 15219.
Phone: 412/255-2200; Fax: 412/255-2838.
For further information contact:
The Funeral and Memorial Society at 1-800-765-0107;
or E-mail
Abdul-Hakeem Saalih; CARRYING
THE CORPSE and the BURIAL
VISITING
GRAVES and READING QUR'AN AL-KARIM