Removing a gold tooth from the mouth of the deceased

Darulifta Ahlesunnat

(Dawateislami)

Question

   What do the scholars of Islam say about the following matter: If a person has a gold tooth fixed in their mouth and they die, will this tooth be removed, or will they be buried with it? Will burying them without removing it be deemed a waste of wealth? The tooth is not easily removed and requires either a surgical procedure or tearing out.

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

   If a gold tooth is fixed in the mouth of the deceased in such a way that it is not possible to remove it without operating, causing damage, or causing harm, then it will not be removed. The deceased will be buried with it. Islam gives respect and honour to the Muslim, whether dead or alive, and it is not permissible to treat a deceased Muslim in a way that will cause them harm or pain. A hadith mentions that breaking the deceased person’s bone and causing them pain is like breaking their bone and causing them pain during their lifetime. Operating or causing damage to remove a fixed tooth will also result in pain and a violation of dignity. Therefore, removing it is not permissible.

   As far as the matter of wasting wealth is concerned, then no doubt, Islam emphasises preserving wealth and declares it impermissible to waste it. However, it is not being wasted without reason here. Rather, it is being done to protect a deceased Muslim from pain and harm, and there is no doubt that preserving the dignity of a believer is of greater importance than preserving wealth. This [principle] will be adhered to as long as there is no injustice involved, and there is no injustice involved in the matter of the gold tooth.

   Hence, the noble jurists state that if a person’s property entered the stomach of another person without any injustice, and then the latter died, it will not be taken out by cutting open his stomach. In fact, if it is swallowed unjustly, but he left behind enough wealth to pay compensation then it will still not be taken out by cutting open his stomach. Whereas, in the above-mentioned case, the gold tooth does not belong to anyone else, rather, he had it affixed himself personally, so how can one cause pain to the deceased to remove it? Therefore, keeping in mind his dignity, it will not be allowed to remove the gold tooth through operating or by causing pain.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم

Answered By : Mufti Muhammad Hashim Khan Attari Madani

10th of Safarul Muzaffar, 1444 A.H./ September 07, 2022