Fatawaa

Subject : The Ruling of Islamic Law on Removing a Gold Tooth or other Devices from a Deceased Person
Fatwa Number : 3914
Date : 22-08-2024
Classified :
Fatwa Type : Search Fatawaa

Question :

What is the ruling of Islamic Law on removing a gold or silver tooth from a deceased person, and on devices implanted inside the deceased's body, such as a pacemaker?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Upon the death of an individual, their assets are transferred from their ownership to the ownership of their heirs. The heirs are entitled to these assets according to their shares prescribed in Sharia. This includes all personal belongings of the deceased, such as clothing, jewelry, and similar items.

Gold teeth that belong to a deceased person are considered part of their property and are subject to the rights of the heirs. Removing them requires permission from the heirs—provided they are all eligible to give consent. If they allow the burial and waive their rights, the gold teeth should remain as they are. However, if they do not permit it, if some of them object, or if there are heirs who are not eligible to give permission, the gold teeth must be removed. The removal should be done in a manner that does not cause disfigurement to the body of the deceased. This is because gold teeth are not in line with the norm and leaving them could lead to the misappropriation of property when the rights of others are involved.

The Shafi'i scholars discussed the issue of exhuming a grave if it contains property that belongs to someone else and no one has guaranteed its return. Imam Nawawi (may Allah have mercy on him) mentions: "If property belonging to a person is found in a grave, and its owner claims it, the grave should be opened. This is based on the narration that Al-Mughira ibn Shu'ba (may Allah be pleased with him) threw his ring into the grave of the Prophet Muhammad (peace be upon him) and said, 'My ring?' He then opened a part of the grave to retrieve it. He said, 'I am the closest to you in terms of being with the Prophet (peace be upon him).' This is because it is possible to return the property to its owner without causing harm. Therefore, it should be returned. If the deceased swallowed a gem belonging to someone else, and the owner claims it, the deceased’s abdomen should be opened to retrieve the gem. If the gem belongs to the deceased, there are two views: the first view is that the abdomen should be opened, as it has become part of the estate and thus treated like the gem of a stranger. The second view is that it is not required because it was consumed by the deceased in his lifetime, so the heirs do not have a claim on it." {Al-Majmou`, Vol.5/P.300}.

Imam Nawawi (may Allah have mercy on him) also stated: "If a ring or something else falls into a grave, it should be retrieved by opening the grave. If the deceased swallowed wealth during their lifetime and the owner claims it, the abdomen should be opened to retrieve it. However, according to "Al-‘Idda", if the heirs guarantee an equivalent or the value of the item, it is not necessary to open the grave, as this is the more correct view." {Rawdat At-Talibin, Vol.2/P.140}.

As for items implanted within the body, such as a pacemaker, which would require opening the deceased to remove, these should not be removed because the deceased used them from their own wealth during their lifetime. However, if the heirs wish to donate these items, it is permissible. "If a person swallows wealth for themselves, even if more than a third, or during their terminal illness... the body is not to be exhumed, as they consumed it during their lifetime... It is understood from this that the body should not be opened even if there is a debt upon the deceased that exceeds their assets before creditors' claims attach to it, and this is the reliable view... Hence, if any of the heirs or someone else guarantees the equivalent value, exhuming the body and opening the deceased is forbidden to preserve the dignity of the deceased." {Hashiyat Al-Jamal ala Sharh Al-Manhaj, Vol.2/P.212}.

In conclusion, golden teeth that are with the deceased should be removed if the heirs request them, provided that their removal does not cause disfigurement to the deceased. Otherwise, they should be left with the deceased. As for devices and implants in the deceased's body, they should remain with the body unless there are specific circumstances that necessitate a special fatwa for each individual case. Sometimes, official permission from the relevant authorities is required to ensure that the dignity of the deceased is not violated and to avoid any legal consequences. And Allah the Almighty knows best.

 






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