MJC OPPOSES E-DEATH CERTIFICATE BURIAL LAW

Faith leaders warn of delays

- THEOLIN TEMBO

WHILE the Muslim Judicial Council (MJC) has come out against a new White Paper by the Department of Home Affairs that has proposed a system that may require an electronic death certificate before burial can take place, the Western Cape Muslim Undertakers Forum has said that the system is not new.

The MJC has undertaken a considered review of the Draft White Paper on Citizenship, Immigration, and Refugee Protection, Government Gazette No. 53853 of December 12, 2025, “insofar as its proposed administrative architecture may bear upon the release of deceased persons for purposes of burial”.

The MJC said that it is within Islamic jurisprudence that the burial of the deceased is done as quickly as reasonably possible, which is derived from established principles of Shariah.

“The prompt burial of the deceased is integrally linked to the dignity of a person and forms part of the collective religious duty of the Muslim community. Importantly, the principle of expeditious burial is not unique to Islam. Other faith traditions, including Judaism and certain Christian denominations, similarly maintain theological and doctrinal obligations favouring burial without undue delay.

“The constitutional protection of religious freedom, therefore, extends beyond a single community and reflects the broader commitment of our constitutional order to accommodate diverse religious burial practices in a manner consistent with dignity and pluralism,” they said.