THE LEGAL REGULATION OF BURIAL, FUNERAL, TRANSPORTATION AND REBURIAL OF CORPSES IN ALGERIA.
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Abstract
Death is an undeniable reality, and procedures have to be followed that differ between administrative and legal, and may even extend to religious rites. All of this concerns the body of the deceased, starting from the moment of death and passing through several stages between the initial declaration of death and its confirmation, notification, preservation of the body if necessary, until the transport and burial of the remains. This can only be done with the authorisation of the competent authorities to carry out the funeral rites, otherwise it would be considered an infringement and a crime punishable under Algerian law.
There may be exceptional cases, such as orders for the exhumation and transport of remains, but the legislator has regulated these with texts that guarantee the sanctity of the body. There are also cases of communicable diseases, where precautions must be taken when handling the body. All this has been addressed by the Algerian legislator in scattered texts, but their traces can be followed and relied upon to establish and root any activity that takes place on the body.
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References
Ibn Manzour, Jamal al-Din Mohammad ibn Makram, Lisan al-Arab (The Arabic Language), Volume 1, 3rd edition, Dar Sader, Beirut, Lebanon, 1994.
Samirah Ayid Diyat, Operations of Human Organ Transfer and Transplantation Between Law and Sharia, 1st edition, Al-Halabi Legal Publications, Beirut, Lebanon, 2004.
Bayoumi Mohammad ‘Ali, Insights on Organ Transfer and Transplantation, undated, Dar al-Kitab al-Hadith, 2005.
Second - Article:
- Abu Zayd Bakr ibn Abd Allah, Resuscitation Devices and the Reality of Death Between Jurists and Physicians, Journal of the Islamic Fiqh Academy, Kingdom of Saudi Arabia, Jeddah, Issue 3.
Third - Legal texts:
Decree No. 75-58 of 26 September 1975 establishing the Civil Code, as amended and supplemented by Law No. 05-10 of 20 June 2005, Journal Officiel No. 44, as amended and supplemented by Law No. 07-05 of 13 May 2007, Journal Officiel No. 31.
Decree No. 66-156 of June 1966 establishing the Penal Code, as amended and supplemented.
Executive Order No. 70-20 of 19 February 1970, as amended and supplemented by Law No. 14-08 of 9 August 2014, Official Journal No. 49, and amended by Law No. 17-03 of 10 January 2017, Official Journal No. 2.
Decree 75-79 of 15 December 1975 on the burial of the deceased.
Law No. 18-11 of 22 July 2018 relating to the Algerian Public Health Code, Official Journal No. 46, published on 29 July 2018, as amended and supplemented.
Decree No. 16-77 laying down the rules governing burial, transfer of corpses, exhumation of the dead from graves and reburial, Official Gazette No. 12, published on 28 February 2016.
Executive Decree No. 16-80 of 24 February 2016, which establishes the model of the medical death certificate, Official Gazette No. 12, of 28 February 2016.