The Islamic Ruling on the Retention and Desecration of the Dead Body of Hadar Goldin by Hamas

Date: February 23, 2025

In the Name of Allah, the Most Gracious, the Most Merciful

During a recent visit to Israel, I, Peer Syed Mudassir Nazar Shah, Chairman of the Sufi Council, had the honor of meeting Leah Goldin, the mother of Hadar Goldin, a Lieutenant in the Givati Brigade of the Israel Defense Forces (IDF). Hadar Goldin, a Jewish patriot, humanitarian, and artist, was only 23 years old when he was killed and kidnapped in Gaza by Hamas nearly ten years ago. His body remains in the custody of Hamas to this day. Leah Goldin and many friends in Israel raised a pertinent question: What does Islam say about such an act? In response, the Sufi Council has deliberated upon this matter and hereby issues its verdict in accordance with the teachings of Islam.

Is it permissible in Islam to retain the body of a deceased person, such as Hadar Goldin, for an extended period, withholding it from his family and preventing its proper burial, as has been done by Hamas for nearly a decade?

After a thorough examination of Islamic texts, including the Quran, the Sunnah of the Prophet Muhammad (peace and blessings be upon him), and the practices of the Rightly Guided Caliphs, the Sufi Council declares that the retention and mistreatment of the dead body of Hadar Goldin by Hamas is unequivocally un-Islamic, condemnable, and a violation of the sanctity of human dignity as enshrined in Islamic law. This act contravenes the fundamental principles of Islam regarding the respect for the dead, the rights of prisoners, and the imperatives of justice and mercy.

1. The Sanctity of the Human Body After Death:
   Islam places immense emphasis on the dignity and respect of a human being, both in life and after death. The body of a deceased person, whether Muslim or non-Muslim, is to be treated with honor and buried promptly. The Prophet Muhammad (peace and blessings be upon him) explicitly forbade the mutilation (muthla) of bodies, even during times of war. Muthla refers to the act of dismembering or desecrating a corpse, such as cutting off limbs, ears, or noses, or otherwise humiliating it. The Prophet (peace and blessings be upon him) prohibited this practice, stating it was a barbaric custom of the disbelievers, which Islam came to abolish.
   • Hadith Evidence:
     • Abdullah ibn Yazid al-Ansari (may Allah be pleased with him) narrated: “The Prophet (peace and blessings be upon him) forbade robbery and mutilation (muthla).” (Sahih al-Bukhari: 2474)
     • Anas ibn Malik (may Allah be pleased with him) narrated: “The Messenger of Allah (peace and blessings be upon him) would encourage us to give charity in his sermons and forbid us from mutilation.” (Sunan Abi Dawood: 2667)
   • Application: Retaining a body for a decade, denying its return to the family for burial, and using it as a bargaining tool constitutes a form of desecration and humiliation incompatible with Islamic teachings. The Prophet (peace and blessings be upon him) was sent as a mercy to all worlds (Quran 21:107), and his prohibitions extend to all acts that degrade human dignity.
2. Prohibition of Burning or Breaking the Body:
   The Prophet (peace and blessings be upon him) forbade burning corpses or breaking their bones, emphasizing that such acts are reserved for Allah alone, the Creator of fire and life.
   • Hadith Evidence:
     • Hamza al-Aslami (may Allah be pleased with him) narrated: “The Messenger of Allah (peace and blessings be upon him) appointed me as the leader of a detachment. He said, ‘If you find so-and-so, burn him with fire.’ As I was about to leave, he called me back and said, ‘If you find so-and-so, kill him, but do not burn him, for only the One who created fire may punish with fire.’” (Sunan Abi Dawood: 2673)
     • The Prophet (peace and blessings be upon him) said: “Breaking the bone of a dead person is like breaking the bone of a living person.” (Sunan Ibn Majah: 1320)
   • Application: While there is no explicit evidence of burning or breaking Hadar Goldin’s body, withholding it for nearly ten years without burial violates the spirit of these prohibitions by denying the deceased the respect and prompt burial mandated by Islam.
3. The Rights of Prisoners and the Deceased in Islam:
   Islam establishes clear rights for prisoners, whether they are captives of war or otherwise, emphasizing justice, compassion, and humane treatment. The Quran and Sunnah extend this mercy even to the dead.
   • Quranic Evidence:
     • Allah says: “And they give food, despite their love for it, to the poor, the orphan, and the prisoner.”(Surah Al-Dahr 76:8)
     • Allah commands justice even toward enemies: “Let not the hatred of a people prevent you from being just.” (Surah Al-Ma’idah 5:8)
   • Historical Precedent:
     • During the Battle of Badr, the Prophet (peace and blessings be upon him) instructed the Companions to treat prisoners kindly, to the extent that the Ansar would feed them bread while eating dates themselves. (Sirat Ibn Hisham)
     • Umar ibn al-Khattab (may Allah be pleased with him) ensured that prisoners received food, clothing, and medical care from the state treasury.
   • Application: Hadar Goldin, killed and taken as a captive in death, has been denied the basic right to a dignified burial. This prolonged retention of his body violates the Islamic principles of compassion and justice owed to all human beings, regardless of faith or enmity.
4. Islamic Obligation for Burial:
   If a prisoner or captive dies, Islam mandates that their body be treated with respect, their funeral prayer offered if applicable, and their burial arranged. Notification of their family is also a duty.
   • Hadith Evidence:
     • The Prophet (peace and blessings be upon him) said: “It is the right of a Muslim that when he dies, his funeral prayer be offered.” (Sahih Bukhari: 1240)
   • Application: While Hadar Goldin was not Muslim, the universal principle of human dignity in Islam applies to him. Retaining his body denies his family closure and contradicts Islamic teachings on honoring the deceased.

Based on the aforementioned evidence from the Quran, Hadith, and the practices of the Rightly Guided Caliphs, the Sufi Council finds the act of Hamas in retaining the body of Hadar Goldin for nearly a decade to be wholly un-Islamic. This act violates the sanctity of the human body, the rights of the deceased, and the principles of mercy and justice that Islam upholds. Islam teaches that just as the dignity of a living person is inviolable, so too is the dignity of the dead, irrespective of their religion or status. The Prophet Muhammad (peace and blessings be upon him) forbade mutilation, burning, and any form of desecration, even in war, and emphasized humane treatment of prisoners and the dead.

The Sufi Council condemns the retention of Hadar Goldin’s body by Hamas as a grievous sin and an affront to Islamic teachings. We call for the immediate release of his remains to his family for proper burial, in accordance with the universal principles of human dignity and the specific injunctions of Islam. This verdict serves as a reminder that Islam is a religion of justice, mercy, and humanity, applicable to all peoples and circumstances.