Azra Hoosen | ah@radioislam.co.za
15 August 2025 | 12:30 CAT
2 min read

The sudden recall of a body for a post-mortem after it has been released for burial is a deeply distressing experience. It raises important questions about the legal framework and how Muslim families should respond when this occurs.

Attorney, academic and AMAL executive member Munirah Osman told Radio Islam that while the situation is painful, the process is guided by specific legislation. “The law is governed by two main pieces of legislation – the Inquests Act 58 of 1959 and the National Health Act,” she explained.

In cases where death is from natural causes, there is no requirement for a post-mortem. However, if the death is suspected to be from unnatural causes, such as unexplained sudden death, violent incidents, suspected foul play, suicide, or possible medical negligence, the hospital is obligated to report the matter to the South African Police Service (SAPS). “A hospital itself is unable to order a post-mortem. Only SAPS, through the investigating officer, can instruct the state pathologist to perform it,” she said.

If new information emerges after the body has been released, indicating possible foul play or negligence, the law allows the authorities to request the body’s return. Once a death is classified as unnatural, a post-mortem becomes mandatory. “The determination of unnatural does not rest with the family. The family is not in a position to refuse this,” she said.

The final decision lies with SAPS, not the hospital. “The hospital has the duty to report to SAPS. SAPS then decides whether to send the body to the state pathologist,” Osman explained.

Her advice to families is to remain calm and focus on practical steps. “Instead of spending the energy fighting the ruling, speak to the authorities to speed up the procedure so that the burial can still take place as soon as possible,” she suggested.

Osman also recommends appointing someone who is not a close family member or using the burial society to liaise with officials.

Islamically, swift burial is required, but Osman noted that in cases where the law delays this for investigation, the principle of necessity applies. “If the body is delayed in burial due to the law, then there is no sin on the family, provided they are doing everything possible to request speed and dignity,” she added.

Osman believes that stronger community engagement with state pathologists can help. “We must have open channels of communication. Perhaps we can reach some kind of understanding nationally so that preference is given to Muslim bodies for quicker release when possible,” she said.

Osman urges families to handle such situations with calmness and dignity. “We must be able to put our requests forward in the tradition of our Sunnah,  with calmness, with dignity, while understanding the legal framework in which we operate,” she said.

LISTEN to the full interview with Ml Habib Bobat and Attorney Munirah Osman, [Exco member from the Association of Muslim Accountants and Lawyers of South Africa (AMAL)] here.