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SAKARYA UNIVERSITESI ILAHIYAT FAKULTESI DERGISI-JOURNAL OF SAKARYA UNIVERSITY FACULTY OF THEOLOGY, vol.27, no.2, pp.453-468, 2025 (ESCI, TRDizin)
Numerous issues that may be subject to debate within Islamic Law (fiqh) such as cadaver dissection, autopsy, public display of the dead body and human composting are today examined within a framework dominated by secular paradigm. This underscores the need for studies that trace Islamic approaches to the moral and legal status of the dead body. This study aims to structure theory of the dead body in a coherent framework by conducting a qualitative analysis grounded in the conceptual examination of classical fiqh texts. The analysis identifies two central notions regarding the attributes of the dead: "the dignity of the dead (karama)" and "the inviolability of the dead (Hurma)." In line with this dual structure, the responsibilities assigned to third parties are classified as positive and negative. The inviolability imposes negative obligations such as "avoiding harm and violation privacy," whereas the dignity entails positive obligations like "compassion, protection, and due care." These possess a layered stractue, comprising an "essential dimension" that applies to all human corpses and a "contingent dimension" specific to Muslim burials. By examining cases in which the interests of the living conflict with those of the dead and how jurists mediate such tensions this study reveals that dignity is generally treated as an overriding, exceptionless value, whereas inviolability can, under specific conditions, be limited. Unlike existing literature, this study centers the theoretical framework and examines Islamic legal rulings through abstract norms, which will facilitate the application of classical principles in contemporary discussions.