A Case for a Muslim-Specific Burial Ground in Brighton & Hove]

INTRODUCTION

There is an increasing need within Brighton & Hove for the designation of a burial ground specifically
for the City’s Muslim community.

The Islamic faith teaches us that God has given great honour to human beings, as He says in the Quran,
“And we have indeed honoured the Children of Adam”1 (Quran 17:71).

Muslims worldwide believe this “honour” refers to mankind’s superiority over all other creatures in
light of human beings' powers of intellect, discernment and speech, and their ability to understand
God2. Islam does not however confer this honour specifically upon Muslims over others nor does it
overlook mankind’s responsibility towards the remainder of creation.

Islam places great importance on the sanctity of human life, as God says, Whoever saves the life of
one, it is as though he saved the life of mankind altogether” 3(Quran 5:32). This sanctity is not,
however, limited to the living person whilst they are alive but extends to their lifeless body, after
death, as we are told by Prophet Muhammad, “Breaking a dead man's bone is like breaking it when
he is alive.” 4 A deceased’s body consequently has several rights in Islam requiring the observance of
strict rituals and practices in the Islamic funeral and burial ceremony.

Following these rituals not only enables the deceased’s family to give an appropriate farewell to their
loved one but is also designed to allow the deceased to continue their journey to the afterlife (a key
tenet of all monotheistic religions) with ease. Rituals include the preparation of the body through
washing and shrouding, the observance of the funeral prayers by the Imam and members of the local
Muslim community, and the burial of the deceased at a site where they are laid to rest.

This note will discuss the importance of burial in Islam and why there is a need for Muslims to be
buried in a Muslim-only cemetery or a separately designated area. I will quote, reference and translate
classical Islamic texts and will also draw on contemporary Islamic legal edicts (Arabic Fatawaa, singular
Fatwa) to explain why the issue is so important and sensitive to the local Muslim community.

Before discussing the issue of “Burial in Islam” it will be useful to explain how religious rulings are
derived in Islam and the legal sources that are employed in reaching an Islamic ruling.

ISLAMIC LAW AND LEGAL TRADITION

One in every five of the world’s citizens identify themselves as belonging to the Muslim faith. They
adhere to a specific way of life and live according to a set of practices which have been set in Islamic
Law (also known as Islamic Shari ah). This does not however mean that Muslims are not inclusive, nor
is there a reluctance amongst mainstream Muslim to integrate into society.

We, as a society know very little about Muslims and words such as “Shari’ah” and “Islamic Law” bear
negative connotations. For some, such words are associated with medieval forms of retribution and
capital punishment, amongst other things. For Muslims, Shari’ah is a set of guidelines that Muslims
use to lead their daily lives. This includes belief, prayer, refining one’s character and manners, financial
dealings, social interactions and every other matter faced by Muslims daily.

1
Quran 17:71
2
Nasr SH (2015) The Study Quran. Page 715. Harper Collins
3
Quran 5:32
4
Abu Dawood S (2009) Sunan Abu Dawood (Arabic version). Page 654. Hadith No.3207. Darussalam
Kamali (2017) mentions that the literal translation of the word “Shari’ah” is “the way leading to a
watering hole” or “the path to felicity and salvation”5. Every aspect of a Muslim's life is guided by
Shari’ah which enables them to lead their lives in preparation for the eternal bliss of the afterlife.

Islamic legal tradition which is known as Shari’ah is derived from four primary sources:

1. The Quran

Hallaq (2009) writes that whilst Muslims believe that intellect is God-given blessing and is to be
exercised to its fullest capacity, it is also understood that the intellectual faculty of mankind is limited
and cannot comprehend all the secrets of the world. This is based on the understanding that God
created the world and he is the knower of all its secrets. Mankind is asked to utilise its cognitive
intellect but to also seek the help of God in making decisions knowing that without His assistance
mankind would overlook and misunderstand much. God has provided this aid and assistance through
the Holy Scripture, The Quran, and through the teachings of his Prophet, Muhammad.6

Therefore, the Islamic belief is that the Quran is the most sacred source of law. It contains knowledge
that God has revealed about mankind and its beliefs, conduct and means of achieving success, and
about God Himself. The Quran contains over 6,000 verses and is split over 114 chapters. The “legal
verses” of the Quran are approximately 500 in number with the remainder being verses that deal with
theology and exhort Muslims towards good practice and behaviour.

2. The Hadith and Sunnah

The Quran was revealed piecemeal over 23 years to the Holy Prophet of Islam, Muhammad. It was
revealed via the Archangel Gabriel. The Prophet Muhammad was chosen to carry this noble message
and to propagate its teachings. He exemplified noble character and acted on the teachings of God
daily. The Quran mentions obedience to the Prophet in the same sentence that it mentions obedience
to God: “O you who believe! Obey God and obey the Messenger and those in authority among you”
(Quran 4:59).7 Thus, the Prophet’s words, statements and practices, which followed God’s revelation
in the Quran, came to be known as the Prophet’s Sunnah (translated as habitual practices) and this
Sunnah was enshrined in Hadith (Prophetic narrations, plural Ahaadith). Hadith and Sunnah is thus
regarded by Muslims as the secondary source of Islamic Law.

The total number of Hadith exceeded over half a million. However, the science of Hadith transmission
limited this number to 5,000 in terms of which of the Prophetic words and practices are genuinely
true and reliable so Muslims can follow them. Hadith transmission is unique to Islam. A Hadith would
be transmitted (or narrated) via a chain of transmission and would be deemed acceptable or defective
based on the individuals within this chain. If a certain individual was defective in character (that is, is
recorded to have lied or be an open sinner) or had a weak memory, then the Hadith would be deemed
defective. In this way the Prophetic narrations were transmitted until they were written by Islamic
scholars in various Hadith canons. It is from these vast Hadith corpora that you will find many rulings
derive.

3. Scholarly Consensus and Opinion

Verses in the Quran and Prophetic tradition that discuss practice and actions are usually unequivocal
and clear. There are certain verses that are open to interpretation and differences of opinion. These

5
Kamali HK (2008) Shariah Law: An Introduction. Page 2. Oneworld Publications
6
Hallaq WB (2009) An Introduction to Islamic Law. Page 15. Cambridge University Press.
7
Quran 4:59
interpretations are based on the various possibilities of the meaning of a certain Arabic word, or the
context in which a text applies. Metaphorical words and overly general language had to be interpreted
to yield specific meanings and to do so the jurists of the earlier generations developed linguistic rules
to resolve such problems.

This led to the creation of “Schools of Islamic Jurisprudence” (Arabic Madh-hab, plural Madhaa-hib)
where groups of people who would follow a certain Islamic Jurist in matters regarding Islamic legal
Tradition. A number of these “Schools of thought” were formulated after the demise of Muhammad
and his companions (companions in Arabic been known as Sahabah). During the earlier generations
many such “Schools” were created. However, many of them eventually dissipated until only four
schools of thought remained. These were the followers of Abu Hanifah from Kufa (Iraq), Malik bin
Anas of Madinah (Saudi Arabia), Muhammad Ibn Idris Al-Shafi (born in Gaza, Palestine) and Ahmed
Ibn Hanbal (born in Baghdad, Iraq). The followers of each scholar exist in the world today. These
scholars would often differ in certain matters of Islamic Jurisprudence. Their followers (who were
scholars in their own right) would also disagree and differ in matters of Islamic legal tradition.

However, when the scholars of the four schools of thought all unanimously agreed on a certain legal
matter that was open to interpretation, or if a majority agreed, it would be considered as “Legal
Consensus” (Arabic, Ijma ). This is also considered as a valid source of Islamic Law. The authority of
legal Scholars is also derived from the Quranic verse already mentioned, “O you who believe! Obey
God and obey the Messenger and those in authority among you” (Quran 4:59). “Those in authority”
in this verse refers to “the Muslim religious and Legal Scholars, because of their knowledge of the
Quran and the Sunnah”.8 The Prophet is also widely narrated to have mentioned: “My community
shall never agree on falsehood”, hence the importance of reaching a reasoned conclusion, based upon
Scholarly insight and where possible, consensus, in matters that are open to debate in Islam.

4. Analogical Reasoning

The final source of Islamic Law is known as “Analogical legal reasoning” (Arabic, Qiyas). This source
provided the Islamic jurist with a set of methods through which they could arrive at a legal norm. This
source became extremely useful in matters of Islamic law that had no precedent or mention in the
Quran and Sunnah. This reasoning was moderated by a set of methods and guidelines. Hallaq (2009)
explains:

Qiyas is seen to consist of four elements, namely: (1) the new case requiring a legal solution; (2) the
original case that may be found either stated in the revealed texts or sanctioned by consensus; (3) the
RATIO LEGIS, or the attribute common to both the new and original cases; and (4) the legal norm that
is found in the original case and that, owing to the similarity between the two cases, must be
transposed to the new case. The archetypal example of legal analogy is the case of wine. If the jurist is
faced with a case involving date-wine, requiring him to decide its status, he looks at the revealed texts
only to find that grape-wine was explicitly prohibited by the Quran. The common denominator, the
ratio legis, is the attribute of intoxication, in this case found in both drinks. The jurist concludes that,
like grape-wine, date wine is prohibited owing to its inebriating quality.9

To conclude, there are four sources of Islamic Law:

1. The Quran - The Holy Book

8
Nasr SH (2015) The Study Quran. Page 219. Harper Collins
9
Hallaq WB (2009) An Introduction to Islamic Law. Page 22-23. Cambridge University Press.
 2. The Hadith - Prophetic Tradition

3. Ijma’- Scholarly Consensus

4. Qiyas- Analogical Legal Reasoning

In matters of Islamic Law, the Quran is first consulted, then the Hadith, then Ijma ’and finally Qiyas.
In this way an Islamic ruling is derived. The above is a brief, concise explanation of the roots of Islamic
law. For further reading, please refer to “An Introduction to Islamic Law” by Professor Wael Hallaq.

BURIAL ARRANGEMENTS FOR MUSLIMS

As for the matter of the burial of Muslims in cemeteries the de facto position of Islamic jurists is that
Muslims must be buried in either: (i) a Muslim cemetery; or (ii) a dedicated section of a mixed
cemetery that has been set aside for Muslims. I will prove this from multiple Islamic sources.

The Islamic legal position on this matter has not been derived from the Quran. The Hadith and
scholarly consensus in this matter has been extensively quoted by classical Scholars of the past and
contemporary Scholars of the present.

Alī ibn Aḥmad ibn Saʿīd Ibn Ḥazm (died in 1064) commonly known as Ibn Hazm was an Andalusian
jurist of Cordoba. He writes: The practice of the Muslims from the time of the Prophet (May Gods
peace be Upon him) is that Muslims are not buried with non-Muslims. He then quotes a Hadith as
evidence which shall be mentioned later. He concludes by stating that it seems appropriate from this
(the practice of the Muslims from the time of the Prophet and the Hadith) that there should be
separation between the graves of the Muslims and non-Muslims.10

Yaḥyā ibn Sharaf al-Nawawī (died in 1277) commonly known as Imam Al-Nawawi writes: There is an
agreement and consensus amongst the scholars (May God be pleased with them) that a Muslim will
not be buried in the cemetery of non-Muslims and a non-Muslim will not be buried in the cemetery of
Muslims. 11

The prominent Syrian Islamic Scholar Dr Wahbah al-Zuhayli (died in 2015) who authored an Islamic
Encyclpedia on the opinions of the four schools of Islamic Jurisprudence wrote: A non-Muslim will not
be buried in a Muslim cemetery, nor will a Muslim be buried in a non-Muslim cemetery. 12

Philips (2005) writes: Muslims should not be buried beside non-Muslims, nor non-Muslims besides
Muslims. Each should have their own separate graveyard. He then quotes the same Hadith as Ibn
Hazm.13

The Hadith referred to which is often quoted to support this matter is as follows. Narrated by Bashir
(the companion of the Prophet): When I was walking with the Messenger of Allah (‫ )ﷺ‬he passed by
the graves of the polytheists. He said: They lived before (a period of) abundant good. He said this three
times. He then passed by the graves of Muslims. He said: They received abundant good.14

10
Ibn Hazm (2003) AL Muhalla (Arabic). Page 497. Baitul Afkar Al- Dawliyyah
11
Nawawi Y (2009) Al Majmoo’ (Arabic). Page 1152. Baitul Afkar Al- Dawliyyah
12
Al-Zuhayli W (2008) Al Fiqh Al-Islam Wa Adillatuhu (Translated as “Islamic Jurisprudence and its evidences”)
Page 470- Darul Fikr
13
Philips B (2005) Funeral Rites in Islam. Page 111. International Islamic Publishing House (2nd Edition)
14
Abu Dawood S (2009) Sunan Abu Dawood (Arabic version). Page 657. Hadith No.3230. Darussalam. For
Translation see: https://sunnah.com/abudawud/21/142
In this Prophetic statement it is apparent that the graves of the non-Muslims were separated from the
graves of the Muslims. The Hadith, which seems rather simple, bears considerable weight as the
primary and original source behind the tradition to bury Muslims separately throughout the world
since the beginning of Islam.

There is also the matter of Islamic eschatology. The Ottoman period scholar of Cairo; Al Munawi
writes: It is impermissible to bury a Muslim in a non-Muslim cemetery and vice versa as the Prophetic
statement has mentioned “The deceased is troubled and unsettled by bad and evil neighbours”15

Finally, I reference a legal edict (Arabic Fatwa) of a UK Muslim Scholar on the issue. Mufti Muhammad
Ibn Adam Al-Kawthari of Leicester was asked in 2004 about the Islamic position of burying Muslims in
a non-Muslim cemetery. To which he responded:

Under normal circumstances, it is impermissible to bury Muslims alongside non-Muslims. It would

not be permissible to bury Muslims in a graveyard or a land where Christians, Jews, Hindus, Sikhs and
people of the other faiths are buried. Similarly, it is impermissible to bury non-Muslims in a land
where Muslims are buried.

However, if the Muslims do not have a cemetery of their own, then it is permissible for them to bury
their dead in a non-Muslim cemetery. In such a situation, every effort should be made to secure a
portion of the cemetery exclusively for Muslims, that they may bury their dead together.

Since the time of the blessed Messenger of Allah (Allah bless him & give him peace), Muslims
throughout the ages have been burying their dead in their own cemeteries. There have always been
separate burying areas for Muslims and non-Muslims, thus the constant practice of the Ummah
(ta amul) is considered to be one of the evidences.

There are many rules and regulations in Islam that have to be adhered to during burial, such as the
type of grave dug, etc…thus, it is necessary for Muslims to have a separate burial area.

Therefore, due to the burial park which you mentioned not having a separate area for Muslims where
they may bury their dead, and also an area where they may perform the funeral prayers, it would not
be permissible for Muslims to bury their dead in the park. However, if a whole separate area can be
designated for Muslims and where no non-Muslims are buried, then it would be permissible.16

CONCLUSION

The statements of Islamic Scholars, past and present clarifies the position of Muslim burial grounds.
For centuries, Muslims have adhered to the practice of separate burials and have ensured that their
loved ones have been buried according to Islamic injunctions. My purpose in writing this note was to
provide some context as to why this is such an important issue for Muslims. Brighton & Hove is known
for its diversity and tolerance of different backgrounds and the Muslim community here embraces its
role in contributing to local society, economy and way of life. I would hope the Council looks upon
our case favourably as this issue has been a concern for local Muslims for a number of years. I would
of course be more than happy to discuss this point further with decision makers within the Council at
their convenience. Please feel free to contact me on iu@almedinah.co.uk

15
Al-Munawi MAR (2001) Faydul Qadeer. Vol 1. Page 297. Darul Kutub Al-Ilmiyyah
16
See: https://daruliftaa.com/death-and-burial/burying-muslims-alongside-non-muslims/
Uthman Jeewa, Lead Imam
Al-Medinah Mosque, Brighton
[Friday 9th September 2020]