Rafed English

Rules of Post-mortem

(46) It is not permissible to dissect the dead body of a Muslim, i.e. to carry out a post-mortem. If such an act is carried out, it is obligatory on the person conducting the operation to pay compensation according to the rules detailed in (the Book of Compensations).

(47) It is permissible to dissect the dead body of an unbeliever, provided his blood was spared during his life-time. Otherwise, as in the case of a covenanted ‘dhimmi’ person, avoiding carrying out post-mortem becomes a matter of ihtiyat luzumi.

Of course, if post-mortem is permissible according to his faith, in general, with his permission during his lifetime, or with the permission of his next of kin after his death, its permissibility is not in doubt.

As for the one whose nature of blood is suspect, i.e. whether or not his blood was spared during his lifetime, it is permissible to carry out post-mortem on his body, if there be no proof to suggest otherwise.

(48) The life of a Muslim may depend upon dissecting a dead body. Since it is not viable to dissect the dead body of an unbeliever, other than the dead body of the one whose blood was spared or the one whose state of faith is unknown, it is permissible to dissect some other body belonging to a non-Muslim. If it is not available, it is permissible to resort to dissecting a body of a Muslim. It is not permissible to dissect a dead body of a Muslim for training purposes and the like, unless a life of another Muslim is at stake.

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