MANILA: The Philippine president has signed into law the Philippine Islamic Burial Act, recognizing the right of Filipino Muslims to bury their dead in accordance with their faith.
The new law, signed by President Ferdinand Marcos Jr. this week, ensures that deceased Muslims are buried with respect and dignity, regardless of the availability of their death certificate. It requires that deaths be reported within 14 days after burial by the person who performed the rites or the deceased’s next of kin.
“For burial purposes, in accordance with Islamic rites, Muslim cadavers shall be released within 24 hours by the hospital, medical clinic, funeral parlor, morgue, custodial and prison facilities, or other similar facilities, or persons who are in actual care or custody of the cadaver,” the law says.
It also penalizes any person or organization that refuses to release the body of a deceased Muslim because of unpaid hospital or funeral fees or other reasons, with one to six months in prison, a fine of $880 to $1,800, or both.
In the predominantly Catholic Philippines, Muslims make up about 10 percent of the population of more than 120 million. Most of them live on the island of Mindanao and the Sulu archipelago in the country’s south.
Ebra Moxsir, president of the Imam Council of the Philippines and one of the experts consulted in drafting the law, told Arab News that its signing was a “very welcome development” because it addresses issues that Muslims have faced in the Philippines, where the majority is unaware of Islamic burial requirements.
“One challenge is the delay in the release of the body from the hospital due to financial reasons or lack of payment,” he said.
“Another challenge is the need for a death certificate, which often delays the burial because we have to wait for it to be processed. Under the new law, this is no longer required, and the process can proceed without delay. The death certificate can follow.”
The law specifies the steps to be followed when a Muslim person dies — that they should be washed, shrouded, have funeral prayers performed, and be buried within 24 hours.
If a forensic test is required, the family must be informed before any examination is conducted.
It also makes it clear that the body should not be embalmed and obliges local authorities to help with transportation if the family is not able to take the deceased home.
“The law outlines these requirements,” Moxsir said. “It helps raise awareness about what should and shouldn’t be done when handling the deceased, in accordance with Islamic law.”
House of Representatives Speaker Ferdinand Martin G. Romualdez, who announced the signing of the law on Tuesday, welcomed the move as addressing a “longstanding issue” faced by Filipino Muslims, where institutional support for Islamic burial rites was lacking.
“This measure uplifts our Muslim brothers and sisters who, for years, have struggled to uphold a basic tenet of their faith in the face of red tape and costly logistics,” he said.
“Now, we correct that with compassion and resolve.”