Question:
Assalamualaikum SS Dato’ Seri Mufti. What is the ruling of extracting gold teeth from a deceased?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
In the above issue, if extracting of the teeth will lead to harm or defect towards the deceased like causing other teeth to be pulled off, then it is unnecessary to extract them, and it is permissible to let them be buried together with the deceased. This is because it is wajib to preserve the honor a Muslim body and it cannot ever be handled carelessly like cutting it open, wounding or breaking the bone. In a hadith narrated by Aisha R.Anha, the Prophet PBUH said:
كَسْرُ عَظْمِ الْمَيِّتِ كَكَسْرِهِ حَيًّا
Breaking the bones of the deceased is like breaking his bones when he is alive
Sunan Abi Dawud (3207) and Sunan Ibn Majah (1616)
Al-Hafiz Ibn Hajar explains: The input taken from this hadith is, indeed, the honor of a mu’min remains even after his death the same as his honor while he was alive. (See Fath al-Bari, 9/142)
In the above issue, we cite the statement of Imam Ibn Hajar al-Haitami which states: When one passes away, what is wajib to be extracted before is not wajib to be extracted (after his death) according to the sahih qaul as it will dishonor the dead body. (See Tuhfah al-Muhtaj, 2/136)
Imam al-Mawardi in his book al-Insaf states: “In the book al-Fusul, it is stated: If anyone should tie his teeth with gold, then he does so, or in need of gold nose, then he undergoes surgery to get one, then he dies, then it is not wajib to be pulled out and returned back to its original owner. This is because, pulling them out is a dishonor towards the dead.” (See al-Insaf, 2/555)
However, if it can be extracted without leaving any trace of defect towards the dead, then it should be removed. This is because, if they are left, it will lead to waste of wealth.
Closing
We choose the second opinion as the disposition as there is concern that if it is known by those who intend to steal the cloth of the dead as well as his wealth, then the grave will be dug open and this would cause harm towards the dead body as well as resulting for it to need a second burial. Therefore, it is prioritized to first remove any gold teeth or nose from the body for its value and benefit.
May this explanation give benefit to us all. Amin.