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Islamic Approach to Violations against the Sanctity of the Deceased:

A Case Study on Necrophilia in Islam

Fuadi Isnawan
Universitas Islam Indonesia, Indonesia
*Correspondence: [email protected]

Abstract
This article investigates the legal implications of necrophilia within the framework of Article History
Islamic law, specifically addressing whether such acts can be categorized as zinā Received: 23-10-2024
‗adultery‘. The primary aim of this research is to analyze how Islamic teachings interpret Revised: 27-12-2024
and regulate sexual relations with deceased individuals, with a focus on the fundamental Accepted: 31-12-2024
principles of human dignity and sanctity. Utilizing a qualitative method alongside a case
study approach, this study involves a comprehensive review of Islamic texts, legal cases, Keywords:
and scholarly interpretations. The data sources encompass Islamic literature, the Qur'an, Deceased;
Hadith, and legal references, including scientific journals and academic books. The Islamic Approach;
theoretical framework is anchored in the concepts of maqāşid syarī‟ah, particularly the Maqāşid Syarī‟ah;
preservation of religion „ḥifẓ al-dīn‟, intellect „ḥifẓ al-aql‘, and life „ḥifẓ al-nafs‟. The Necrophilia.
findings indicate that necrophilia is regarded as a serious violation under Islamic law,
representing a breach of both moral and legal standards, which results in stringent
penalties. In conclusion, this study underscores the importance of upholding the dignity
of the human body after death, as mandated by Islamic law. This research contributes by
clarifying how Islamic law addresses necrophilia and reinforcing societal norms related
to the sanctity of life and death.

© 2024 Fuadi Isnawan

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

INTRODUCTION
The principle of honouring the deceased is a foundational aspect of Islamic jurisprudence,
reflecting a deep-seated respect for human dignity that transcends life and death (Salma, 2021).
This principle emphasize the sanctity of the human body and mandate respectful treatment after
death (Petras Bahadur, 2020). Islamic law not only mandates that bodies be treated with reverence
(Davoudi, 2022), but also views any act that desecrates a corpse as a violation of both moral and
divine law. Such guidelines serve as an ethical and legal framework designed to protect human
dignity, maintaining the sanctity of the deceased and supporting a broader understanding of human
rights in Islam (Gabay & Tarabeih, 2024). However, the rise of crimes such as necrophilia
challenges these values and exposes limitations in how traditional Islamic principles are
incorporated into contemporary legal systems.
In many modern legal frameworks, necrophilia is either under-regulated or lacks specific
punitive measures, highlighting a disparity between the respect Islam mandates for the deceased
and the enforcement mechanisms available in secular legal systems (Cini & Vella, 2021). Despite
the explicit emphasis Islam places on the sanctity of the deceased, necrophilia poses a disturbing
violation of this sacred principle (Ela A. Leshem, 2024). In Islamic law, such acts are not only
considered profoundly immoral but also represent a grave infringement on the human dignity that
must be preserved even after death (Chusnul Azhar & Yunita Furi Aristyasari, 2020) (Ridho et al.,
2024).
While Islamic law provides clear moral guidelines condemning necrophilia, the legal
frameworks that should enforce these prohibitions often remain underdeveloped or insufficient
(Maame Efua Addadzi-Koom, 2021). In many cases, existing laws address the violation of graves
or desecration of bodies but fail to cover the full scope of offenses related to necrophilia, leading to
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DOI: https://doi.org/10.25217/jf.v9i2.5100
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Islamic Approach to Violations…
gaps in legal recourse (Sharol Steven, 2023). This legal ambiguity results in challenges to the
implementation of Islamic ethical principles in modern legal systems.
Several documented cases in Indonesia highlight instances of necrophilia, underscoring the
relevance and gravity of addressing sexual intercourse with corpses within the legal framework.
The case are: A 19-year-old young man named M. Adi, with his sexual desires, raped a corpse who
had the initials AE aged 15 years. AE is a 3rd grade student of SMPN 1 Kemlagi, Mojokerto, East
Java. Adi raped AE twice. This rape occurred after AE was killed by a classmate who had the
initials AB (15). Adi did this because of his sexual desires. Adi committed the immoral act twice.
The first intercourse, he did not ejaculate. When he committed the second rape, Adi ejaculated, and
he even released his sperm outside the victim's vagina (CNN). A teenager whose initials are JND
made a confession that he committed the murder of a family of five in Babulu Laut Village, Babulu
District, Penajam Paser Utara Regency, East Kalimantan. The 16-year-old JND killed five people at
once consisting of a father, mother, and three children on Tuesday (6/2/2024) in the early morning.
JND had a romantic relationship with the victim RJS. However, the relationship ran aground
because the girl's parents did not give their blessing. According to AKBP Supriyanto as the North
Penajam Paser Police Chief, the perpetrator JND not only killed the 5 people, but he also committed
immoral acts against two of the victims' bodies. According to him, from JND's statement, after
eliminating lives, he raped the mother and adult child, after which he was left behind (Tito
Dirhantoro, 2024).
This study, therefore, seeks to bridge the gap between Islamic principles on human dignity
and the modern criminal justice response to necrophilia. By examining the Islamic concept of
honouring the deceased, this research evaluates the relevance and applicability of these principles in
framing a legal response to crimes that violate the sanctity of the body. It aims to demonstrate that
Islamic values, when effectively translated into legal provisions, can address the complexities of
modern crimes involving the deceased. Furthermore, this study seeks to propose a model wherein
Islamic principles regarding the sanctity of the deceased could serve as a universal framework
adaptable to various legal systems.
In exploring these intersections, this research contributes to the body of knowledge by directly
addressing necrophilia within the scope of Islamic legal thought, a topic that has received limited
scholarly attention. A review of the literature from the last decade reveals that previous research has
generally focused on the ethical considerations in handling corpses within Islamic contexts or the
broader principle of protecting human dignity in life and death. However, few studies have
specifically examined how these principles might be applied in cases involving necrophilia, leaving
a significant gap in scholarship regarding criminal acts against corpses. By connecting Islamic
ethical imperatives with modern legal issues, this study provides a state-of-the-art perspective on
how classical jurisprudence can inform contemporary legal policy.
Research on necrophilia in Indonesia remains sparse, with limited clarity on its regulation
under the country‘s existing legal framework. The first relevant study by Pasaribu and Hariyanto
(Pasaribu & Hariyanto, 2024) reveals that necrophilia cases are commonly prosecuted under general
criminal offenses such as murder, with little recognition of the act's specific nature. The
Pornography Law (Law No. 44 of 2008) mentions sexual acts with corpses but lacks clear
regulatory measures. Pasaribu and Hariyanto highlight the need for legal reform, proposing the
classification of necrophilia as a general offense with a maximum prison sentence of 2 years and 8
months. This study emphasizes philosophical, sociological, and comparative legal analyses,
proposing an urgent revision of Indonesia‘s laws. Similarly, Hapsari‘s work, examines the
application of the Criminal Code (KUHP) and the TPKS Law in cases of corpse rape (Hapsari,
2024). Her analysis underscores a gap in explicit regulations under the Criminal Code, prompting
an exploration of how the TPKS Law can bridge this legal void. The broader definition of sexual
violence provided by the TPKS Law offers a clearer legal framework. Hapsari also discusses human
rights considerations, emphasizing the continued respect for human dignity after death.

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Pratiwi and Ahmad, in their study focus on the moral and legal aspects of corpse rape.
According to their findings, the act of rape against a corpse is both highly immoral and a violation
of the deceased's rights (Elza Deswira Pratiwi & Gelar Ali Ahmad, 2024). They analyze Article 271
of the New Criminal Code, categorizing such acts as improper treatment of corpses. However, they
highlight the inadequacy of this article under the lex certa principle, advocating for clearer
regulations inspired by international laws, such as the Sexual Offences Act 2003. Lastly,
Marasabessy et al. analyze the enforcement of criminal law in a specific case involving lewd acts
against a corpse (Santy Marasabessy et al., 2024). Their case study of a court decision underscores
the need for harsher penalties to create a deterrent effect. They explore the concept of concursus
(combination of offenses) as a policy and legal approach in handling such cases, emphasizing the
necessity for stricter sentencing.
This study contributes to the existing literature by offering a holistic examination of
necrophilia within the Indonesian legal context, bridging the gaps identified by prior research.
Unlike Pasaribu and Hariyanto‘s emphasis on general criminal reform, this study focuses on
aligning Indonesian laws with Islamic jurisprudence, particularly the protection of human dignity
after death. Unlike Hapsari‘s exploration of the TPKS Law, this work delves into the broader
ethical and theological underpinnings, offering a perspective grounded in Maqashid al-Shariah
(objectives of Islamic law). While Pratiwi and Ahmad highlight legal inadequacies, this study seeks
to propose an integrated legal and moral framework. Furthermore, the analysis of case law provided
by Marasabessy et al. is expanded upon by examining necrophilia‘s criminal implications beyond
concursus, advocating for reforms aligned with both national and international standards.
The objective of this research is to clarify the Islamic stance on the sanctity of the deceased
and evaluate the relevance of these principles within the context of modern criminal law,
particularly regarding crimes such as necrophilia. The research argues that the Islamic concept of
human dignity offers a robust, adaptable foundation that can be integrated into diverse legal systems
to address acts that violate the sanctity of the body. By addressing this gap in scholarship, this study
aims to contribute both theoretically and practically to the development of a legal framework that
recognizes and upholds human dignity across contexts and cultures.
This research is particularly significant due to the growing concern over necrophilia and the
apparent gap in Indonesia's legal framework regarding the punishment for perpetrators who engage
in sexual acts with corpses. Despite the severity of the crime, there is no explicit regulation in
Indonesian law that directly addresses necrophilia as a distinct offense, leaving such cases to be
prosecuted under general criminal provisions, such as those for murder or sexual assault. This legal
ambiguity often results in inconsistent sentencing, and the lack of a clear legal definition may
undermine the pursuit of justice for victims, both in terms of legal protection and moral recognition.
Additionally, the absence of a specific legal framework for necrophilia in Indonesia contrasts with
international standards, where many countries have distinct laws criminalizing sexual acts with the
deceased. Given the moral, social, and legal implications of necrophilia, this research seeks to
highlight the urgency of enacting laws that clearly define and penalize such acts. The establishment
of such regulations would not only serve to protect human dignity and uphold societal values but
also represent an important step towards modernizing Indonesia‘s criminal law to ensure it is in line
with contemporary legal principles and human rights standards. This gap in the legal system
presents a compelling opportunity for reform, aiming to strengthen the rule of law and provide more
precise legal protections for the dignity of the deceased.

METHODS
This study employs a qualitative research methodology to deeply explore the concept of the
sanctity of the deceased within Islam and its violation through acts such as necrophilia. The choice
of a qualitative approach enables a nuanced examination of complex social, legal, and religious
constructs related to this sensitive topic (Zuchri Abdussamad, 2021). This method seeks to elucidate
Islamic perspectives on maintaining and preserving the dignity and sanctity of deceased individuals,
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drawing from Islamic jurisprudence (fiqh) and theological teachings. By analyzing primary
religious texts and interpreting scholarly opinions, this study provides a comprehensive examination
of the normative elements and doctrinal principles in Islamic law relevant to the issue at hand. This
operational framework helps contextualize necrophilia within Islamic traditions, illustrating its
implications as a violation against the sanctity of the deceased.
To facilitate a focused analysis, a case study approach has been adopted, allowing for an in-
depth examination of real-world incidents that exemplify violations of the sanctity of the deceased
through acts of necrophilia (Abdul Fattah Nasution & Meyniar Albina, 2023). By closely studying
specific cases, the research contextualizes theoretical and normative principles within practical
scenarios, demonstrating how Islamic teachings are applied. This approach offers critical insights
into the broader implications of preserving the dignity of the deceased and highlights deviations
from these established norms in Islamic contexts.
The study is presented as an analytical-descriptive research paper that analyzes and describes
the phenomenon of necrophilia as a grave violation of the deceased's sanctity, with a focus on
Islamic jurisprudence. Through a combination of doctrinal analysis and case studies, this research
examines ethical norms, legal responses, and the implications of such violations within Islamic law.
By providing both analytical depth and descriptive context, the study seeks to offer a
comprehensive understanding of the issue.
The data sources for this research encompass a wide range of authoritative materials. Primary
sources include the Quran and Hadith literature, forming the bedrock of Islamic jurisprudence.
These texts offer essential guidance on matters concerning the sanctity and dignity of the deceased.
To complement these primary sources, the study draws on scholarly works and interpretations,
including classical and contemporary legal commentaries that provide diverse interpretations and
rulings related to the treatment of the deceased. Legal documents and fatwas issued by recognized
Islamic authorities are also examined, ensuring a broad and accurate representation of religious
legal perspectives.
Data collection techniques utilized in this study include a systematic literature review of
primary texts, scholarly works, legal opinions, and related academic sources to provide a
comprehensive understanding of the sanctity of the deceased. A document analysis was conducted
to scrutinize relevant texts, identifying normative and doctrinal elements that inform Islamic legal
and ethical responses to violations. Additionally, case examination allowed for a focused review of
specific instances of necrophilia, contextualizing doctrinal principles within practical scenarios and
illustrating the application of Islamic teachings.
The data analysis process involves a qualitative content analysis, where data from secondary
sources are carefully coded and categorized based on thematic relevance. This analytical technique
allows the researcher to interpret complex legal and religious texts, identifying themes related to the
sanctity of the deceased and the ethical implications of necrophilia. By categorizing data, the study
identifies patterns and relationships within the literature, enabling a detailed analysis of the ways in
which Islamic teachings can inform modern legal approaches. The final interpretation of the data
seeks to bridge the gap between normative Islamic values and their practical application in
contemporary criminal law, contributing to an understanding that is both theoretical and
implementable.
The theoretical framework underpinning this research is grounded in the concept of Maqāşid
Syarī‟ah (Objectives of Islamic Law), which emphasizes the preservation of essential human
interests and values, including the sanctity and dignity of human life, both in life and after death
(Ibrahim et al., 2019). Within this framework, protecting the sanctity of the deceased is seen as a
fundamental principle. The study draws on Islamic ethics and jurisprudence to analyze necrophilia
as a grave violation of this principle. Furthermore, it incorporates perspectives from various Islamic
schools of thought, offering a diverse and balanced interpretation of religious and legal responses.
This theoretical approach enables a holistic examination of the ethical, social, and legal dimensions

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of the issue, providing a strong foundation for understanding Islamic views on violations against the
deceased‘s sanctity.

RESULTS AND DISCUSSION

Concept of Necrophilia
Necrophilia, literally translated as ‗love of the dead‘, traces its conceptual origins to the 19th
century. Belgian psychiatrist Joseph Guislain is credited with introducing the term to medical and
psychological discourse, emphasizing the act of sexual defilement of the deceased, or the attraction
to corpses through physical or carnal acts. This definition reflects the unsettling nature of
necrophilia, capturing both the physical intimacy sought with deceased bodies and the
psychological complexities that motivate such behavior. The evocative description, "May my
quivering lips taste the coolness of yours as the warmth of my eternal love enters you and stays with
you forever", further underscores the desire to bridge the gap between life and death through
intimacy. It exemplifies the complex, and often morbid, interplay between love, obsession, and
control that lies at the heart of necrophilic behavior (Anand Kumar Vasudevan, Prashanthi Krishna
Dharma, & L Eccleston, 2019).
Necrophilia, as a rare and often stigmatized paraphilia, involves deriving sexual pleasure from
sexual acts with or the sexual abuse of deceased individuals. Etymologically, the term /necrophilia/
originates from the Greek words /philia/, meaning ‗attraction‘ or ‗love‘, and /nekros/ referring to a
‗dead body‘. This dual origin captures the disturbing yet complex interplay of attraction and death
inherent in necrophilic behaviors. Stein et al. (2010) further elaborate on necrophilia as involving
sexual relations with corpses, noting that it is considered an uncommon disorder. The rarity and
clandestine nature of necrophilic acts make it difficult to accurately gauge their true prevalence. The
hidden and often illicit nature of these behaviors suggests that instances of necrophilia might be
underreported due to their taboo status within society. Consequently, any attempt to measure its
prevalence is fraught with challenges and may remain elusive (Tippett, 2024).
According to Merriam-Webster, necrophilia is defined as an “obsession with and usually
erotic interest in or stimulation by corpses”. This condition has also been referred to as
necrophilism, necrolagnia, necrocoitus, necrochlesis, and thanatophilia. Generally, necrophilia can
be categorized into two main forms: sexual and nonsexual. Sexual necrophilia involves a person‘s
desire to engage in sexual intercourse or any form of sexual contact with a corpse, often
characterized by a deep-seated fixation on physical intimacy with the deceased. In contrast,
nonsexual necrophilia is marked by a strong compulsion to handle, remain close to, or observe
corpses without necessarily engaging in sexual acts. The distinction between these categories
underscores the complex psychological motivations and behaviors associated with necrophilia,
which often stem from deep-rooted psychological disturbances and cultural or personal factors that
influence individuals' interactions with the deceased. This categorization also aids in understanding
the broader implications of necrophilic acts, ranging from pathological to ritualistic behaviors
observed in different societies and historical contexts (Bhaskar, 2020).
Rosman and Resnick (1989) developed a tripartite model to categorize necrophilic behaviors,
differentiating between genuine necrophiles and pseudonecrophiles. Pseudonecrophiles experience
only a temporary attraction to corpses and generally maintain a stronger preference for living
partners. This transient interest contrasts with the persistent, focused behaviors of genuine
necrophiles. The latter group is subdivided into three primary categories: necrophilic homicide,
regular necrophilia, and necrophilic fantasy. Necrophilic homicide refers to individuals who commit
murder to obtain a corpse for sexual purposes, driven by a premeditated desire to engage with the
dead. Regular necrophiles, in contrast, do not actively create opportunities but instead seek out pre-
existing opportunities to engage with corpses, demonstrating a more opportunistic approach. Lastly,
necrophilic fantasy encompasses individuals who limit their necrophilic tendencies to fantasies of
sexual contact with the deceased, without acting on these thoughts in real-world contexts. Rosman
and Resnick‘s model, constructed after reviewing 122 cases, including 88 from documented
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literature and 34 unpublished instances, provides a comprehensive and empirically grounded
framework for understanding the spectrum of necrophilic behavior (Mark Pettigrew, 2019). That
classification shown in figure 1.

Figure 1. Tripartite Model of Necrophile from Rosman and Resnick

This categorization not only highlights the diversity of necrophilic tendencies but also
emphasizes the complex interplay between thought, desire, and action in individuals with this
paraphilia. By distinguishing between different manifestations, the model offers insights into the
psychological and behavioral dimensions of necrophilia, aiding in both academic research and
practical interventions. As further cases and variations are observed, this model remains adaptable,
capable of incorporating new forms of necrophilic behavior that may emerge over time.
According to Anil Aggrawal, professor of forensic medicine, necrophilia, sometimes
referred to as necrolagnia, necrocoitus, necrochlesis, or thenatophilia, involves sexual attraction to
or engaging in sexual acts with corpses. The majority of individuals identified as necrophiles are
heterosexual males between the ages of twenty and fifty, though cases involving homosexual or
female necrophiles have also been documented (Petras Bahadur, 2020). While necrophilia is a rare
form of paraphilia, its occurrence has been recorded across various cultures and historical contexts
worldwide. Certain necrophiles may deliberately seek employment in settings such as mortuaries or
coroner's offices, where they can gain access to deceased bodies and exploit such situations. In
clinical terms, necrophilia is recognized as a paraphilic disorder and classified within frameworks
such as the ICD-10 and the Diagnostic and Statistical Manual of Mental Disorders (DSM) (Kumar
et al., 2019).
Notably, Anil Aggarwal, has developed a comprehensive ten-tier classification system for
necrophilia based on his research (Bhaskar, 2020). This classification aims to provide a clearer
understanding of the complexities surrounding necrophilia and its various manifestations (Fuadi
Isnawan, 2024).

Table 1. Anil Aggarwal Necrophilia‘s Classification

Class Type Characteristic
I Role players Individuals in this category, referred to as role players,
derive sexual arousal not from actual corpses but from
living individuals who simulate being dead. This
phenomenon is sometimes termed pseudonecrophilia.
II Romantic necrophiles Romantic necrophiles experience a desire to maintain a
connection with their deceased loved ones. They may
engage in preserving the bodies or body parts of these
individuals, seeking to fulfill their romantic inclinations and
derive sexual arousal from their preserved remains
III Necrophiliac fantasizers This class includes individuals who primarily engage in
fantasies involving sexual relationships with the deceased.
The mere presence of a corpse or a cemetery can elicit
sexual arousal or pleasure for these individuals.

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IV Tactile necrophiles Tactile necrophiles take a step further than fantasizers,
requiring physical contact with a corpse to achieve sexual
gratification. This group may include medical students who
experience arousal during dissection.
V Fetishistic necrophiles Known as necrofetishists, individuals in this category focus
on the fetishistic aspect of necrophilia. They may cut parts
from deceased bodies to derive sexual pleasure from tactile
sensations, but unlike romantic necrophiles, their
motivations are not rooted in affection.
VI Necromutilomaniacs Known as necrofetishists, individuals in this category focus
on the fetishistic aspect of necrophilia. They may cut parts
from deceased bodies to derive sexual pleasure from tactile
sensations, but unlike romantic necrophiles, their
motivations are not rooted in affection.
VII Opportunistic Opportunistic necrophiles do not initially seek sexual
necrophiles encounters with the deceased. However, if they find
themselves in a situation where they become aroused in the
presence of a corpse, they exploit that opportunity for sexual
intercourse.
VIII Regular necrophiles Regular necrophiles exemplify classic necrophilia, as they
find sexual pleasure exclusively with the deceased, although
they may occasionally engage in sexual activities with
living partners.
IX Homicidal necrophiles This category is considered the most dangerous, as
homicidal necrophiles commit murder to fulfill their sexual
desires. They are often associated with unnatural sexual
practices and can be involved in acts of cannibalism.
X Exclusive necrophiles Exclusive necrophiles find sexual intercourse with living
individuals nearly impossible. For them, engaging with a
corpse is essential to experiencing sexual pleasure.

Considering these ten classifications, it becomes evident that, similar to other forms of
sexuality, there exists a broad spectrum of necrophilic behaviors. For instance, individuals
categorized as Class I necrophiles do not engage in sexual activities with corpses; instead, they
derive arousal from the mere fantasy of death. Conversely, Class IX necrophiles actively seek to kill
others in order to engage in sexual acts with their deceased bodies, as for them, the fantasy must
manifest in reality. In contrast, Class II necrophiles may not necessarily be perceived as threatening
or perverse, depending on the context of the situation (Petras Bahadur, 2020). A notable example is
the 2013 case of a woman who slept beside her husband's decaying corpse for nearly a year
following his death. A pathologist who examined this case remarked, ―This is not the first time I
have made a discovery of this kind; I‘ve encountered two or three other instances where individuals
continued to sleep with their partner‘s corpse. Such cases may be viewed as disturbed rather than
perverse, and they certainly differ significantly from the other classifications proposed by
Aggrawal. In this context, the prevention of a lawful and decent burial—a crime under the common
law of England, Wales, and Northern Ireland—might serve as a more appropriate basis for legal
action than the charge of necrophilia itself, particularly if the corpse has not been abused. This
highlights the fact that necrophilia remains a largely misunderstood concept, with insufficient
recognition of the diverse range of behaviors it encompasses (Tippett, 2024, p. 116).
The case of David Fuller stands as one of the most disturbing instances of necrophilia in
British legal history. Convicted of the murder of two women and the sexual abuse of over 100
corpses, Fuller‘s crimes shocked the nation. His extensive library of images documenting these acts
led prosecutors to label his offenses as "unimaginable sexual depravity." The severity of his actions
exposed significant legal and systemic gaps in addressing necrophilia as a criminal offense. Before

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the implementation of the Sexual Offences Act 2003 in the UK, sexually interfering with a corpse
was not classified as a distinct sexual crime. This legal oversight existed due to the belief that a
deceased body lacked legal rights, leaving surviving family members as indirect victims. However,
the intense emotional trauma experienced by the families of Fuller‘s victims highlighted the need
for legal reform. Relatives expressed profound grief, with some stating that Fuller had ―destroyed
our souls‖ and "ruined hundreds of family members‘ and friends‘ memories of their loved ones.‖
The Fuller case underscored the hidden nature of necrophilia-related crimes, which often occur in
secluded environments like hospitals and mortuaries. The psychological profile of necrophiles, as
suggested by criminologists, aligns with offenders seeking secluded opportunities to commit such
acts. Despite the rarity of reported cases, experts argue that the actual prevalence might be higher
due to the secretive nature of the crime. The case has prompted calls for stricter sentences, with
campaigners advocating for increased penalties from the current maximum of two years to a
minimum of ten years. An independent inquiry was also launched to investigate how Fuller evaded
detection for so long and to recommend preventive measures, including enhanced mortuary security
and stricter surveillance protocols (Guardian, 2021).
A 24-year-old New York City man, Anthony Merino, has been detained on charges of
engaging in sexual acts with the corpse of a 92-year-old woman in the morgue of the hospital where
he was employed. The incident occurred at Holy Name Hospital in Teaneck, New Jersey, and came
to light when a hospital security guard reported witnessing the act firsthand. Local police promptly
responded to the report, apprehending Merino at the scene and bringing him in for further
questioning. In an official statement, a spokesperson for Holy Name Hospital condemned the act as
a "heinous crime" and expressed their deep sympathy and condolences to the victim‘s family.
Merino, who had been employed at the hospital for only 14 days and had passed a criminal
background check prior to his hiring, has been charged with "desecrating human remains," a
second-degree offense under New Jersey law. If convicted, he faces a maximum prison sentence of
10 years. The court set bail at $400,000, with conditions requiring Merino to surrender his passport
and undergo a psychological evaluation. In addition to his role at Holy Name Hospital, Merino was
also working part-time as a histology technician at Overlook Hospital in Summit, New Jersey. The
latter institution confirmed that Merino had passed a background check before his employment and
had no prior complaints filed against him during his brief tenure there. This case highlights the
concerning phenomenon of necrophilia, a psychological condition classified under the broader
category of paraphilia. According to Michael Fogel, Chair of the Forensic Psychology Department
at the Chicago School of Professional Psychology, paraphilia involves unusual sexual fantasies and
urges, such as attraction to non-human objects or deriving arousal from pain or humiliation inflicted
on oneself or a sexual partner. The Merino case serves as an extreme example of this condition,
underscoring the need for comprehensive legal, psychological, and ethical frameworks to address
such rare but deeply troubling behaviours (News, 2009).
In a deeply disturbing case from Jalandhar, India, an e-rickshaw driver has confessed to the
murder and posthumous sexual assault of a 22-year-old nurse on December 25. The incident came
to light after the nurse's body was discovered in a secluded area of Gadowlai village under Lambra
police jurisdiction the following day. The victim, who had traveled to the Khambra church near
Jalandhar for a Christmas party organized by a local pastor, was last seen boarding the e-rickshaw
at Nakodar Chowk. According to Deputy Superintendent of Police (Investigation) Surinder Pal
Dhogri, footage from one of the 200 CCTV cameras in the area captured the victim entering the
rickshaw alongside two other women, which eventually led to the identification of the driver. The
accused, a man in his early thirties, reportedly admitted to picking up the nurse on December 25
around 1 PM. After dropping off the other two passengers, he deviated from the usual route,
claiming it was a shortcut, and stopped in an isolated area under the pretext of a mechanical issue.
When the nurse resisted his advances, he fatally smothered her by pressing her neck against the
seat. Following her death, the driver dragged the nurse‘s body to a secluded spot and sexually
assaulted her. Shockingly, he returned three hours later to repeat the act. During the investigation,
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the accused also confessed to preying on two other women in the preceding three months. In one
instance, the victim complied out of fear for her life, while in another, the woman‘s alarm drew
attention, forcing him to flee (Singh, 2024).
A good and in-depth understanding of necrophilia cases is important because this crime has
its roots in psychological disorders. This indicates that the handling of these cases requires a
multidisciplinary approach that integrates various aspects such as legal aspects, psychology. It is
also necessary to educate the public with legal counselling (Petras Bahadur, 2020). Understanding
necrophilia cases also has important implications for legal aspects and the protection of human
rights. Such acts clearly damage human dignity. The damage is not only to the families of living
victims but also to those who have died. If this is not responded to properly, it will affect public
confidence in the legal system and law enforcement.
In Indonesia, the Indonesian criminal law rules that potentially used (Isnawan, 2024) to the
types described above are as follows: First, article 180 of the Criminal Code (Hanafi,
2019)(Handoko, 2018) “Any person who with deliberate intent and unlawfully digs up or removes a
corpse or moves or transports a corpse which has been dug up or removed, shall be punished by a
maximum imprisonment of one year and four months or a maximum fine of four thousand five
hundred rupiahs”.
Second, article 181 of the Criminal Code (Handoko, 2018) “Any person who buries, hides,
carries away or removes a dead body with intent to conceal its death or birth, shall be punished by
a maximum imprisonment of nine months or a maximum fine of four thousand five hundred
rupiahs”.
Third, article 340 of the Criminal Code (Handoko, 2018) “Any person who with deliberate
intent and with premeditation takes the life of another person, shall, being guilty of murder with
premeditation, be punished by death or life imprisonment or a maximum imprisonment of twenty
years”.
Fourth, article 6b of the TPKS Law (Rizki Setyobowo Sangalang, 2022) “Every person who
commits physical sexual acts directed against the body, sexual desires, and/or reproductive organs
with the intention of unlawfully placing a person under his/her control, both inside and outside of
marriage shall be punished with a maximum imprisonment of 12 (twelve) years and/or a maximum
fine of Rp. 300,000,000,00 (three hundred million rupiah)”.
Fifth, article 6c of the TPKS Law (Mahendra et al., 2024) “Every person who abuses his/her
position, authority, trust, or influence arising from deceit or a relationship of circumstances or
takes advantage of a person's vulnerability, inequality or dependency, forces or by misleading
him/her to commit or allow to commit copulation or obscene acts with him/her or with another
person, shall be punished with a maximum imprisonment of 12 (twelve) years and/or a maximum
fine of Rp. 300,000,000,00 (three hundred million rupiahs)”.
Sixth, article 12 of the TPKS Law (Kartika & Hapsari, 2023) “Any person who by violence or
threat of violence or by abuse of position, authority, trust, inducement arising from deceit or a
relationship of circumstances, vulnerability, inequality, helplessness, dependence of a person, debt
bondage or giving payment or benefit with intent to gain, or utilizes the sexual or other organs of
the body of that person directed against sexual desire with him/her or with another person, shall be
punished for sexual exploitation, with imprisonment of up to 15 (fifteen) years and/or a maximum
fine of Rp. 1,000,000,000,00 (one billion rupiah)”.
Various forms of necrophilia, whether involving physical acts, desecration, or exploitation of
corpses, can be addressed through specific articles of the Indonesian Criminal Code and related
laws. The following table summarizes the relevant legal provisions that can be applied to different
manifestations of necrophilia, illustrating Indonesia‘s comprehensive legal response to such
transgressions while emphasizing the protection of both living and deceased individuals‘ dignity
and social ethics: (Isnawan, 2024)

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Table 2. Potentially Used Article of Necrophilia
Class Type of Necrophilia Potentially used articles
I Role players Article 6b UU TPKS
Article 12 UU TPKS
II Romantic necrophiles Article 180 KUHP
Article 181 KUHP
III Necrophiliac fantasizers Article 6b UU TPKS
Article 12 UU TPKS
IV Tactile necrophiles Article 6b UU TPKS
Article 6c UU TPKS
V Fetishistic necrophiles Article 180 KUHP
Article 181 KUHP
VI Necromutilomaniacs Article 180 KUHP
Article 181 KUHP
VII Opportunistic necrophiles Article 6b UU TPKS
VIII Regular necrophiles Article 6b UU TPKS
Article 12 UU TPKS
Article 180 KUHP
Article 181 KUHP
IX Homicidal necrophiles Article 340 KUHP
X Exclusive necrophiles Article 6b UU TPKS

Based the table 2, the legal response to necrophilia in Indonesia reflects a comprehensive
approach that targets different manifestations of this behavior, providing clear parameters for
sanctioning perpetrators and safeguarding ethical norms. For Role Player necrophilia, which
involves the enactment of sexual acts through role-playing scenarios with a corpse, Indonesian law
enforces strict measures via the combined provisions of Articles 6b and 12 of the Law on the Crime
of Sexual Violence (TPKS Law). These articles ensure protection for the human rights and dignity
of victims, emphasizing the severe repercussions for any individuals involved in such degrading
acts. The TPKS Law offers a contemporary framework that focuses on maintaining respect for
human dignity, even after death, by imposing stringent penalties on violators.
In the case of Romantic-type necrophilia, which typically involves acts such as grave digging
or concealing a corpse for romantic or emotional reasons, the criminal code focuses on protecting
the sanctity and respect due to the deceased. Articles 180 and 181 of the Indonesian Criminal Code
are applicable here, outlining criminal offenses against acts of tampering with graves or
disrespecting a corpse. These provisions reflect the broader societal commitment to preserving the
dignity of the deceased and maintaining public order by criminalizing acts that disturb grave sites or
conceal bodies. Necrophiliac Fantasizers present a unique challenge, as their behavior often does
not result in direct criminal acts but may have potential pathways that lead to harmful conduct.
Although fantasies themselves are not explicitly punishable, the law remains vigilant regarding their
potential to manifest into actual crimes.
This legal attention reflects a broader societal and regulatory focus on preemptively
addressing behaviors that may evolve into tangible threats. Tactile Necrophiles, who seek physical
contact with corpses without engaging in sexual acts, necessitate the application of Articles 6b and
6c of the TPKS Law. These articles aim to prevent and punish unauthorized access to corpses,
thereby addressing the violation of human dignity and preserving public morality. By emphasizing
such enforcement measures, the law seeks to deter and penalize any form of abuse or exploitation of
human remains. Fetishistic Necrophiles, who mutilate corpses or remove body parts to satisfy their
fetishes, are directly addressed by Articles 180 and 181 of the Criminal Code. These provisions
clearly prohibit acts of desecration and mutilation, affirming that the law not only defends against
physical violations but also upholds social and ethical values.

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Through these articles, Indonesian law seeks to prevent acts that would deeply offend social
norms, threaten public order, and desecrate the memory of the deceased. Necromutilomaniacs and
Opportunistic Necrophiles, who either mutilate corpses or exploit them for personal gain, are also
held accountable under Indonesian law. Their actions represent a violation of both legal statutes and
fundamental human rights and moral standards (Petras Bahadur, 2020). Such behavior disrupts
societal norms and breaches the inherent sanctity that should be preserved for the deceased. Laws
concerning these offenses aim to reinforce the importance of human dignity and moral decency in
society.
Finally, the acts of Homicidal Necrophiles and Exclusive Necrophiles are treated with
particular severity. Homicidal necrophiles, who commit murder as a prelude to necrophilic acts, are
recognized as engaging in the most heinous crimes and are prosecuted under Articles 338 (murder),
339 (aggravated murder), and 340 (premeditated murder) of the Criminal Code, as well as relevant
provisions in the TPKS Law and Article 180. Their actions embody extreme cruelty and violate
fundamental societal values, posing significant threats to public safety and moral order. Exclusive
necrophiles, who are incapable of finding sexual gratification with living partners, also represent a
serious breach of societal norms due to their reliance on deceased bodies for sexual satisfaction.
This behavior undermines public decency and necessitates firm legal measures to prevent its
occurrence (Isnawan, 2024).

The Concept of Human Dignity Beyond Death

In Islam, the sanctity and dignity of human beings are paramount, extending beyond life and
into death. The religion strictly prohibits any actions that would harm, desecrate, or disrespect the
deceased. This prohibition reflects Islam‘s broader commitment to human dignity, which is seen as
an intrinsic value bestowed by God (Mohammad Asrul Bin Hamdani & Abdul Kholiq Syafa‘at,
2021). The Qur‘an places humans in a position of high esteem, affirming their inherent dignity, as
explicitly stated in Surah Al-Isrā' verse 70 (El-Karimah, 2020).
This verse underscores that humans possess intrinsic value, which must be respected as
creations honoured by Allah (Suharmin Syukur et al., 2021). This honour is comprehensive and not
confined to any single aspect but extends to their right to be treated with respect at every stage, both
in life and after death. Scholars interpret this verse as a recognition of every individual‘s right to
dignified treatment, establishing an ethical and moral foundation for honouring the deceased (Indah
Widya Jaya Putri Nasution et al., 2024).
In this interpretation of the verse from Surah Al-Isrā verse 70, Imām Al-Suyūṭī, through his
work Tafsīr al-Jalālayn, emphasizes that humans are honoured by Allah due to their intellectual
capacity and their heavier responsibilities compared to other creatures. This divine honour
manifests in the obligation to respect both the living and the deceased. Respecting fellow humans,
whether they are alive or dead, is seen as an embodiment of the divine law (sharia) outlined in the
Quran, as it reinforces the principle of human dignity under all circumstances. This interpretation is
critical in understanding Islamic teachings on the sanctity of human life, emphasizing that this
reverence extends beyond death. The fact that human beings are distinguished by their intellect,
reason, and moral responsibilities necessitates that both their living and deceased states be
respected, forming a core ethical foundation in Islamic law (Arifandi, 2023).
In contemporary tafsir, Quraish Shihab‘s Tafsir al-Misbah provides a nuanced interpretation
of Surah Al-Isrā verse 70, emphasizing the special status of humans compared to both rational and
non-rational beings. He interprets the phrase /mimman khalaqnā/ as referring to created beings,
including those with intellect, such as jinn and angels. This interpretation suggests that while
humans possess potential superiority over these beings, it is not absolute but conditional upon their
moral and intellectual conduct. Shihab further highlights that human dignity, as stated in the Quran,
forms the basis of Islamic perspectives on human rights. Every person, regardless of background,
deserves respect and acknowledgment of their fundamental rights, including life, freedom of
expression, religion, work, and association. However, these rights are framed as divine gifts
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bestowed by Allah, governed by His laws, and subject to religious guidance (Quraish Shihab,
2002).
This perspective underscores the balance between human entitlements and divine obligations
in Islamic teachings. Comparing this interpretation to classical tafsir, such as Tafsīr al-Jalālayn,
highlights a continuity in recognizing human dignity while expanding on its implications for
modern human rights discourse. Shihab‘s interpretation bridges classical Islamic ethics with
contemporary human rights principles, emphasizing that human honour in Islam extends universally
and remains bound by divine law, reaffirming the sanctity of both life and death.
Imam Abū aṭ-Țayyib Muhammad Syamsul Haq al-'Azhim Abadi elaborates on the
importance of respecting both the living and the deceased. He clarifies that any harm or injustice
inflicted upon a corpse is equally as sinful as if done to a living person. This underlines the concept
that death does not diminish the dignity or rights of a human being, and that the sanctity of a person
continues even after death. In Islam, the protection and respect of the human body, both alive and
dead, is seen as a divine obligation. Violating this respect by harming a deceased individual is
considered a severe offense in Islamic law, reflecting the continuous nature of human dignity.
Through this perspective, Imam al-'Azhim Abadi stresses that both physical integrity and spiritual
respect must be maintained, reaffirming the ethical foundation in Islamic teachings regarding the
sanctity of life and death (Rania Shaima Farha et al., 2024).
In Islamic legal thought, this affirmation of human dignity forms a strong foundation for
prohibiting actions that degrade the deceased (Nawawi, 2023). This verse is seen as an ethical
principle that prevents any form of behavior that would tarnish the dignity of a deceased person,
such as mutilation (Hardivizon et al., 2023) or inappropriate exploitation (Lefolle, 2022). This
principle aligns with the concept of ḥifz al-nafs ‗protection of life‘ within maqāşid syarī‟ah (the
objectives of Islamic law), which applies not only in life but also posthumously, as the body must
still be honoured (M.Mustaqim Roslan, 2024). This approach within maqāşid syarī‟ah allows
Islamic law to prohibit dishonourable actions toward the deceased as part of the holistic protection
afforded to humans (Muhammad Afiq Abd Razak et al., 2023).
Thus, this principle of honouring the deceased, rooted in the understanding of Surah Al-Isrā'
verse 70, serves as a universal guide in Islamic law. It establishes that human dignity persists
beyond death, encompassing the right to be treated with respect. These interpretations highlight that
honouring humanity is a responsibility that must be preserved by Muslims, recognizing human
rights that endure even after death, with the duty upon others to honour these beings created by
Allah.
In Islamic teachings, the sanctity and honour of a person extend even after death, ensuring
that both the soul and body of a Muslim are respected. The Quran in Surah Al-Isrā‘ verse 70
underscores the special status granted to humans by Allah, which remains even in death. Hence, in
Islamic tradition, causing harm or showing disrespect to a deceased person is strictly prohibited.
Such respect manifests in the rituals and practices surrounding death, where care is taken to
preserve the dignity of the deceased through proper handling, washing, and burial (Bastiar et al.,
2022). This reflects Islam‘s comprehensive view that the human body must be treated with honour,
upholding a person‘s dignity in both life and death (Yusup, 2024).
Expanding on these principles, it becomes clear that Islamic jurisprudence places a high
priority on ensuring that every step taken after death is done with reverence (Nurma Yunita &
Femalia Valentine, 2020). The prohibition against harming a deceased body is rooted in the same
respect Islam affords the living, emphasizing the continuity of honour (Yuliana Nelisma &
Barmawi, 2022). This respect is not limited by the condition of the body or the circumstances
surrounding the death; instead, it is an intrinsic right granted by Allah. Islamic scholars interpret
this as extending to all Muslims, regardless of their social status, ensuring universal protection and
reverence (Abdurahman Syayuthi, 2020).
Islamic law places a significant emphasis on the dignity of the human being, not only during
life but also after death. This is evident from the ethical principles and rituals surrounding the
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treatment of the deceased. While a living person and a deceased individual are inherently different
in their state, respect for the dead remains paramount. The traditions that govern the treatment of
the dead reflect the continuous sanctity Islam affords humans (Nur Afni A. et al., 2022).
Islamic teachings emphasize the inherent dignity of human beings, extending even beyond
death. The process of handling a deceased body in Islam, reflects this principle by mandating
respectful treatment at every stage. Upon the news of death, relatives are required to demonstrate
patience and acceptance of divine will, as highlighted in the Surah Al-Baqarah verses 155-157,
which states that true believers express their submission to God in times of trial. Rituals such as
istirja‟, where one recites the phrase /Innā lillahi wa innā ilayhi rāji'ūn/, reinforce the recognition
of life‘s transient nature and the importance of patience. The ta‟ziah serves as a means of offering
comfort, encouraging mourners to remember the virtues of the deceased and to seek solace in
shared faith. Furthermore, the bathing, shrouding, and burial of the deceased follow meticulous
guidelines designed to honour the individual‘s dignity. The washing of the body, performed by
close family or friends, is approached with care and respect, using a prescribed method that ensures
privacy and dignity. The deceased is then shrouded in simple, clean fabrics, with an emphasis on
modesty, and the burial is carried out with the utmost respect, often involving communal
participation. Notably, the burial site is to be distinct for Muslims, reflecting the importance of
communal identity in Islam. These practices underscore a profound respect for the deceased and a
commitment to upholding their dignity in both life and death. They highlight the Islamic belief in
the sanctity of human life and the enduring respect owed to individuals, which aligns with universal
human rights principles. This approach to the treatment of the deceased not only preserves the
dignity of the individual but also reinforces the communal bonds and moral obligations of the
living, reflecting a holistic understanding of humanity that transcends cultural boundaries (Irma
Purnamayanti, 2021).
A key hadith, narrated by Imām Abū Dāwūd from ‗Āisyah, illustrates this teaching, where the
Prophet Muhammad said: "Breaking the bone of a deceased person is like breaking it while they are
alive". This statement highlights the gravity of disrespecting a body, suggesting that physical harm
inflicted upon a deceased individual is as severe as if it were done to a living person. This hadith
has become a cornerstone in Islamic jurisprudence, laying the foundation for the respectful
treatment of bodies post-mortem (Muhammad Hatta et al., 2019). The prohibition against breaking
a person's bones is unequivocal, reflecting a commitment to honour the sanctity of human existence
as ordained by Allah. This principle holds true regardless of whether the individual is living or
deceased, highlighting that even the remains of a person, reduced to mere bones, deserve reverence
and protection (Mohd Hafiz Jamaludin et al., 2021).
The Prophet Muhammad unequivocally prohibited any actions that would harm or disrespect
the deceased, emphasizing that the dignity of every human being is to be upheld at all times. While
Islamic law stipulates that there is no legal retribution „diyat‟ for transgressions committed against a
corpse, this fact does not mitigate the seriousness of such offenses. Acts of mutilation, injury, or
any form of disrespect toward the deceased are deemed ḥarām ‗forbidden‘ and are viewed as
violations of fundamental Islamic principles. The absolute nature of this prohibition underscores
that exceeding the bounds of respect for the dead is not only an ethical concern but also a moral
obligation within Islam. This reflects a broader ethical framework that prioritizes the dignity of
individuals, irrespective of their life status.(Haswir, 2011)
Al-Qardhawi, underscore the profound respect afforded to human dignity, even after death.
He emphasizes that while certain Hadiths address the specific act of breaking a corpse's bones, the
overarching principle extends beyond this to encompass any form of mutilation or desecration of
the deceased. This perspective highlights that actions such as dismemberment or neglect of the body
are explicitly prohibited in Islam, drawing a clear line against practices reminiscent of the pre-
Islamic era, where disrespect for the dead was prevalent, particularly during times of war. Such
prohibitions reflect a broader Islamic ethos that values the sanctity of human life and the inherent
dignity of every individual, regardless of their status as living or deceased. This framework
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establishes a moral imperative for Muslims to treat the remains of the deceased with honour and
respect, reinforcing the notion that human dignity is an enduring right that must be preserved even
after death (Rasta Kurniawati Br.Pinem, 2020).
According to Yahya al-Laithi, Imam Malik interprets the prohibition of breaking a corpse's
bones in the hadith as a sin for the one who commits it. Imam al-Nawāwī, referencing Imam
Shafi‘e‘s al-Umm, echoes this interpretation. Al-Țaḥāwī further explains that the hadith illustrates
that human dignity ‗karāmah insāniah‘ persists in the body after death. Consequently, breaking
human bones, whether of the living or deceased, is prohibited due to the sanctity ‗al-ḥurmah‘
inherent in both. This view is also supported by Ibn Hajar in Fatḥ al-Bārī, affirming the sanctity of
human remains even post-mortem. This collective interpretation highlights the continuity of human
dignity and the ethical obligation to respect it, irrespective of life or death (Ahmad Amer Rahimi &
Mohd Anuar Ramli, 2020).
The continuity of this respect is further demonstrated through Islamic funeral rites, which
emphasize careful handling, cleanliness, and prompt burial. The deceased are to be treated with the
utmost care, ensuring that their dignity remains intact even after death (S.I. Bahrul Ulum A., 2022).
These teachings collectively reinforce Islam‘s holistic approach to human honour, emphasizing the
sanctity of the body in both life and death. By protecting the deceased from any form of indignity,
Islam upholds its principles of human dignity as a timeless and universal ethical requirement.
Islamic teachings advocate for the prompt burial of deceased individuals, emphasizing the
importance of providing a dignified resting place for the deceased. This practice is grounded in the
teachings of the Prophet Muhammad (peace be upon him), who advised that expediting funeral
arrangements is essential. According to a narration from Abū Hurairah (may Allah be pleased with
him), the Prophet said, ―Hasten in the handling of the deceased. If he was a righteous person, you
offer him goodness, and if he was not, you remove the burden from your shoulders.‖ This guidance
underscores the Islamic principle of honouring human dignity, even after death. By ensuring a swift
and respectful burial, the community acknowledges the value of the deceased and fulfills a moral
obligation to treat them with respect, regardless of their life choices (Urwatul Wisqa, 2023).
This hadith emphasizes the respect accorded to the deceased by advocating for the prompt
handling of the funeral, reflecting the fundamental principle in Islam that every individual, whether
good or bad, is entitled to dignity after death (Muhammad Alfis & Solehuddin Harahap, 2020, p.
111). The analysis of the respect inherent in this hadith can be outlined as follows: (1) Prompt
Management of the Deceased. The first aspect of respect lies in the exhortation to expedite funeral
arrangements. This underscores the importance of providing appropriate attention and action during
this critical moment, ensuring that the body receives a proper resting place and is not left
unattended. In this context, hastening the burial signifies a mark of respect and responsibility
towards the deceased. (2) Recognition of Goodness. For individuals known to be virtuous, the
hadith emphasizes that they are the most deserving of prompt burial. This recognition reflects an
appreciation for the good deeds and positive contributions made by the individual during their
lifetime. The respect shown here lies in acknowledging a life filled with goodness and virtue. (3)
Disposal of Evil. In the case of those not recognized as good, the hadith states that their burial
serves to relieve the community of the burden of their wrongdoing. This indicates that, despite any
shortcomings or faults the individual may have had in life, Islam still provides an opportunity to
honour them in death. The prompt burial serves as a means to conclude any moral weight that their
actions may have imposed, thereby suggesting that society should free itself from the negative
influence of such individuals. (4) Community Obligation. The hadith also reflects the community's
responsibility to honour the deceased, irrespective of their moral reputation. This conveys that every
individual, regardless of their societal status, deserves appropriate treatment and should not be
neglected.

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Necrophilia as A Form of Violation of Corpses
Necrophilia remains a behavior that is not fully understood, although it has been observed in
certain animal species. This phenomenon is also referred to by various terms such as necrophilism,
necrolagnia, necrocoitus, necrochlesis, paraphilia, and thanatophilia. Despite its deeply disturbing
nature, necrophilia continues to persist in several countries, even though most legal systems have
enacted laws criminalizing this form of sexual deviance (Islam et al., 2021).
First and foremost, many necrophiles are motivated by a profound aversion to engaging with
living partners. This aversion stems from various factors, including fear of rejection, intimacy
issues, or difficulties in forming connections with others. In this context, human corpses are
perceived as devoid of the emotional, intellectual, and physical challenges that come with living
interactions, allowing necrophiles to pursue their sexual interests without the complications of
mutual consent. Secondly, necrophiles often experience a sense of control during sexual encounters
with corpses, as the deceased cannot reject or contest their actions. This perceived lack of resistance
may provide a false sense of empowerment, allowing them to engage in sexual acts without fear of
the emotional or physical repercussions typically associated with relationships involving living
individuals. Furthermore, individuals who engage in necrophilia may lack sexual inhibitions, self-
esteem, and social recognition, which can lead to a disregard for societal norms and the
consequences of their actions. This detachment from societal expectations may foster an
environment in which necrophilia is seen as an acceptable outlet for their desires. Finally, the use of
substances may contribute to the development of fantasies surrounding necrophilia. Individuals may
associate sexual practices with corpses as warm and loving, interpreting these acts as a form of
reunion with a deceased partner. This belief can create a distorted view of intimacy, wherein
necrophiles perceive their actions as expressions of love rather than violations of ethical boundaries
(Athulya S Menon & Nitin Nishad, 2024).
In many jurisdictions, necrophilia is explicitly criminalized, often classified as a form of
sexual assault. This reflects a societal aversion to the desecration of human remains and the
protection of public morality. Criminal statutes across various legal systems prohibit sexual contact
with corpses, aiming to preserve the dignity of the deceased and prevent further harm. However,
there are significant variations in how these laws are justified. Some legal frameworks focus on the
emotional harm inflicted upon the deceased's surviving relatives, emphasizing the psychological
impact that such actions have on families and communities. In these cases, the deceased
individual‘s rights are viewed as secondary, with the law primarily designed to safeguard the well-
being of those left behind. In contrast, certain legal systems do not recognize any residual rights for
the deceased, seeing them as having no claim to dignity after death. This creates a legal gray area
where the body becomes an object rather than a subject of protection. Necrophilia is also sometimes
categorized under broader statutes that cover "crimes against nature," including acts like sodomy
and bestiality, which further complicates the legal positioning of the crime. The ambiguity
surrounding the legal status of the deceased poses challenges in determining the societal and legal
consequences of necrophiliac acts. The complexity arises from the intricate legal position of a body
that, while no longer alive, still carries societal significance (Shubhankar Paul, 2023).
In the context of necrophilia, while corpses are no longer considered legal individuals, they
retain their recognition as human entities. This status creates a complex legal and moral dilemma,
especially when certain families view the deceased with deep reverence and sanctity. In many legal
systems, the corpse is seen as the property of the closest relatives, adding another layer of distress
when a violation like necrophilia occurs. This perspective complicates the classification of
necrophilia, as it is often regarded as a tragic event rather than a direct sexual assault on a living
individual. In some jurisdictions, such as certain states in the United States, necrophilia is formally
recognized as a crime, while in others, it may be classified as an offense rather than a criminal act.
The mistreatment of a corpse, including acts of necrophilia, is fundamentally viewed as a violation
of societal decency and morality. The challenge, however, lies in determining appropriate legal
responses and punishments for such acts, given that the harm caused is often conceptualized as an
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affront to societal values rather than direct harm to a living person. Nevertheless, these violations
demonstrate a clear disregard for both the deceased and their surviving family members, who may
experience significant emotional and moral harm as a result (Anjali Raj, 2023).
The sanctity of the deceased is paramount, and there are specific rituals mandated to ensure
the respectful handling of a body after death. Bathing „gusl‟, shrouding „kafan‟, praying „şalāt al-
janāzah‟, and burying the body are integral parts of the Islamic funeral rites, which are deeply
rooted in the preservation of human dignity. These acts reflect the duty of the living to honour the
dead according to the commands of Allah. Violating this sanctity by engaging in acts such as
necrophilia represents a severe breach of Islamic ethical and legal principles (Aryani Witasari et al.,
2022). Necrophilia not only disregards the prescribed rituals for handling the deceased but also
constitutes a grave violation of the respect due to the dead, an act that Islam unequivocally
condemns. According to Islamic jurisprudence, the body of a deceased person is to be treated with
the utmost care, free from any form of desecration or disrespect. Islamic scholars agree that any
form of physical violation of a corpse, including sexual acts, is forbidden.
The treatment of the deceased is governed by principles that emphasize respect, dignity, and
honour. Necrophilia is viewed as a grave violation of these principles. According to Islamic
teachings, the preparation and handling of a corpse is not only a religious obligation but also a
reflection of the inherent dignity of the human body, even after death. Islamic law mandates that the
body be washed, wrapped in a shroud, prayed over, and buried in accordance with specific
guidelines, all of which symbolize the respect owed to the deceased (Bela Monis Mughal &
Masooma Batool, 2022).
These rituals highlight the sanctity of the human body, underscoring that even in death, a
person retains their dignity and must be treated with care and reverence. The act of necrophilia
fundamentally contradicts these Islamic values. It is considered a desecration of the body, which is
to be honoured and protected from harm or disrespect. The bathing of the corpse, a fard kifāyah
‗mandatory communal duty‘, performed by close family members, is an act of purification and
respect. Wrapping the body in a shroud, as prescribed by the Prophet Muhammad, signifies
covering the deceased properly and treating them with the utmost honour. Necrophilia, by contrast,
violates the sanctity of these sacred rites and disrupts the social and religious responsibility that
Islam places on the community to care for the dead (Nurhayati & Purnama, 2021).
Necrophilia in certain interpretations, can be classified as zinā ‗adultery‘. According to
Islamic jurisprudence, any sexual activity outside the bounds of a lawful marriage is categorized as
zinā, which includes acts performed on a deceased person. The fundamental principle in Islamic
law emphasizes the sanctity of the human body, both in life and death, making any form of sexual
misconduct with a corpse an egregious act. Some scholars from the Shafi'i, Hanbali, and Shia
Zaidiyah schools classify such actions as permanent adultery. They argue that offenders should face
the full punishment for adultery, serving as a severe deterrent to others. From this perspective,
violating a dead body is considered not only a transgression of moral norms but also an affront to
the dignity of the deceased. Imam Malik, another influential jurist, asserts that anyone who engages
in sexual relations with a corpse, regardless of whether the deceased is their spouse or not, should
be punished for adultery, except in cases where the offender is deceased. However, if a woman
forcibly inserts a deceased man's genitals into her vagina, it is regarded as a foolish act that does not
induce pleasure, and thus would only warrant a ta'zir penalty (Hannani et al., 2023).
The perverse and dehumanizing nature of necrophilia, which often involves not only sexual
intercourse but also other disturbing acts such as mutilation, decapitation, and even cannibalism, is
viewed within Islamic thought as an affront to the sacredness of the human body. Such acts, as
described in modern studies on necrophilia, reveal extreme deviance and a detachment from moral
norms, echoing the severe prohibitions against desecrating a body in Islamic teachings. These
actions are seen as violating the core principles of honour and respect that Islam upholds for both
the living and the deceased (Anand Kumar Vasudevan, Prashanthi Krishna Dharma, & L.
Eccleston, 2019).
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The concept of necrofilia is unequivocally considered a violation of these sacred principles.
Islamic law meticulously regulates the handling of the deceased body based on gender, familial ties,
and marital status, and these rules reflect the deep respect accorded to the deceased. For instance,
only individuals of the same gender and close familial ties—such as officially designated corpse
washers and family members—are allowed to perform the ritual washing of the body. This washing
is a crucial part of the religious practice, symbolizing purification and respect for the dead. Gender
differences also play a significant role in these regulations. While a wife is permitted to wash and
prepare her deceased husband‘s body for burial, the reverse is forbidden; a husband cannot wash his
deceased wife‘s body because, upon her death, their marriage is considered annulled. This
prohibition illustrates the clear boundaries of intimacy and respect established by Islamic law. Even
within the context of marriage, the death of a spouse creates a legal separation, preventing any
potential overstepping of intimate boundaries after death. For a husband, his wife remains in marital
connection for four months and ten days after his death, during which time she holds the right to see
and touch her husband's body, signifying a continued bond. Engaging in any sexual act with a
deceased body, however, is a clear violation of Islamic teachings. Such acts contradict the very
essence of the respect and dignity that Islam mandates for the dead. Necrophilia is not only
considered an act of desecration but also a profound moral transgression, as it undermines the
sanctity of both the body and the religious rituals that ensure its respectful treatment. This practice
violates the ethical, legal, and spiritual frameworks that Islam upholds regarding the treatment of
the dead, making it an unequivocal breach of human dignity (Zengin, 2022).
According to Ibn Ḥajar al-Haitami, necrophilia is classified as a grave sin kabira and an
immoral act, violating the ethical principles upheld in Islamic teachings. He categorizes it as one of
the major sins due to its severe infringement on human dignity and moral conduct. Sheikh Abu
Hamid further supports this by stating that it is forbidden for a husband to look at his deceased wife
with lustful intent, much like it is forbidden for a man to look at any other woman with such
feelings. This prohibition is grounded in the broader Islamic principle that even after death, a person
retains their dignity, and any form of inappropriate behavior—particularly sexual misconduct—
violates the sanctity of the deceased. This stance aligns with the core Islamic value of preserving
human honour, both in life and death. In the case of a deceased spouse, the relationship is
considered to have ended with death, and thus, any further interaction must be free from desires that
violate this sanctity. Sheikh Abu Hamid‘s interpretation reinforces that the body of the deceased,
regardless of their relationship in life, must be treated with the utmost respect, and any transgression
against this is both morally and legally forbidden (Arif Budiman, 2020). The inclusion of
necrophilia within the scope of serious moral and legal infractions in Islamic jurisprudence
illustrates the deep respect Islam commands for the human body. Any act, whether physical or
visual, that seeks to exploit or degrade a deceased individual is not only a violation of personal
dignity but also an affront to the moral fabric of society.
Adultery, defined as intimate intercourse between individuals who are not legally married, is
universally regarded as a prohibited act across various cultures and religions. In Islamic teachings,
adultery is condemned as immoral and sinful, with severe penalties prescribed for those who engage
in it. The etymology of the term /zinā/ ‗adultery‘ stems from Arabic zinā, signifying an act that
contravenes the sanctity of marriage. This transgression is not only a violation of legal and social
norms but also an affront to religious values, as it infringes upon the rights of Allah. Importantly,
while the prohibition against adultery is rooted in Islamic doctrine, it transcends geographical
boundaries, impacting diverse Muslim communities worldwide. For instance, Indonesia, home to
the largest Muslim population globally, exemplifies how local cultural practices intersect with
Islamic law. In Indonesia, the interpretation and enforcement of laws regarding adultery reflect both
religious principles and societal norms, shaping the legal landscape in which such acts are judged
(Farah Edhar Khaerunisa).
From an etymological perspective, the term /zinā/ originates from the Arabic word, which
means to commit an immoral act. Meanwhile, in an epistemological context, zinā refers to the act of
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sexual intercourse jimā‟ that occurs without a valid marriage bond, whether it is outside of
legitimate ownership or in ambiguous situations. In the Quran, the word zinā appears six times (Siti
Nurkholisoh & Ahmad Soheh Mukarom, 2021) and can be found in several different surahs. These
surahs are: Surah Al-Nisā verses 24-25. Surah Al-Isrā verse 32, Surah Al-Furqān verse 68, Surah
An-Nūr verse 2, Surah Al-Mumtahanah verse 12.
Surah Al-Nisā verses 24-25 provide a very clear arrangement regarding legal marriage. In
addition, the meaning contained in the verse is sexual intercourse which is permitted in Islamic
teachings. The sexual relationship can only be done if the man and woman are in a legal marriage.
This shows that any sexual intercourse outside of a valid marriage is a serious violation of the
teachings of Islam, as well as necrophilia, which involves sexual intercourse with corpses that are
clearly done without consent and outside of a valid marriage (Taufiq, 2017). Every human body, be
it living or deceased, has inherent honour under Islamic teachings. Necrophilia clearly contradicts
many of the fundamental values set out in Islamic teachings on the treatment of corpses.
Surah Al-Isrā verse 32 warns all Muslims to avoid committing adultery. In this regard,
Islamic teachings do not narrowly cover illegitimate sexual relations but also a wide range of
actions that lead to various kinds of moral violations in sexual matters (Noor Izzati Amelia et al.,
2024). Necrophilia, which is simply said to be a deviant sexual act committed with a corpse, can be
considered as an act that attacks the honour of the corpse because the corpse does not have the right
to give consent to the act. Therefore, necrophilia does not only violate the sanctity of the corpse, but
also violates Islamic teachings on justice for victims and their families, respect for human honour
whether alive or dead, and the prohibition of all forms of sexual behavior that violate moral and
legal boundaries.
Surah Al-Furqān verse 68 explains the strong prohibition against three things that will be
cursed by Allah. These 3 things are worshiping other than Allah, killing without a valid reason, and
committing adultery. These three prohibitions clearly highlight how seriously Islam takes actions
that violate various social, moral and ethical values. In Islamic teachings, adultery is categorized as
illegitimate sexual intercourse and is clearly against the moral teachings of Islam (Jamaludin &
Erihadiana, 2023). Necrophilia, which does not actually involve intercourse with a living person,
can still qualify as a form of violation of various values regulated in Islamic law. Islam describes
the corpse as an entity that must be protected and respected, as emphasized in Islamic teachings
about the obligation to take care of the corpse in a respectful manner. Necrophilia clearly
contradicts this principle, as it objectifies the human body after death, and ignores the right of the
corpse to be protected and honoured.
The violation of the rights and sanctity of the human soul affirmed in Surah Al-Furqān verse
68, which prohibits killing without a legitimate reason, makes it clear that Islam places a high value
on human life and honour as a whole. When it comes to necrophilia, this prohibition has clear
relevance, especially in cases where the act of necrophilia is committed by first killing the target
person. Homicidal necrophiles, who commit murder with the intention of obtaining the victim's
body to fulfill their sexual desires, exhibit a form of crime that severely violates Islamic values.
Such acts are not only limited to taking the life of a person without a valid reason, but also tarnish
human honour after death, desecrate the sanctity of the corpse and degrade human dignity in the
eyes of society. In addition, in the case of exclusive necrophiles, where they can only feel sexual
gratification through intercourse with corpses, such acts clearly show extreme moral degradation
that violates Islamic principles of respect for corpses. Such acts not only violate moral and religious
boundaries, but also pose a serious threat to social order and humanity.
Surah An-Nūr verse 2 describes the punishment of those who commit adultery. This is done
as a very strong warning that violation of sexual norms and morality is a sinful act in Islam (Bela et
al., 2023). The punishment illustrates how much Islam values human sanctity and honour as a
whole, both in life and after death. When it comes to necrophilia, it is clearly a serious violation of
human honour. In Islam, the honour and sanctity of the human body must be preserved even after
death, and treating the body in a way that dehumanizes the deceased is an unacceptable insult.
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Necrophilia is not only a form of sexual perversion, but also a violation of the fundamental Islamic
principle of respect for human beings, living or dead. In Islamic teachings, the threat of punishment
for such acts serves the function of safeguarding the morality of society and protecting the human
body from all forms of abuse. It illustrates that human honour should not be violated under any
circumstances, even after death. Disrespectful treatment of the dead can undermine the existing
social order, create injustice, and contradict religious values that protect human dignity.
Surah Al-Mumtahanah verse 12 explains the importance of a Muslim's promise and
compliance in practicing the teachings of Islam and maintaining various moral values that are the
pillars of life. The verse instructs Muslims to hold fast to various principles of faith and maintain
purity in every aspect of life, including in the context of treating fellow humans with respect and
dignity, both during life and after death (Yusuf & Qomaria, 2023). In this case, necrophilia is
clearly an act that directly contradicts the noble values of Islam. The act reflects a very serious
moral deviation, as it involves the abuse of corpses that should be respected according to religious
teachings. Necrophilia violates the rights of corpses and degrades human dignity, which in Islamic
teachings must be treated with respect. The dishonourable treatment of corpses represents a
violation of the values of sanctity and faith that every Muslim is obliged to safeguard. It also
undermines trust and social norms in society, given the importance of maintaining the honour and
dignity of the human body, both during life and after death. Islam demands purity of heart, mind
and behavior, so any action that undermines these values is considered a sin.
In the teachings of Islam, human bodies and lives have honour that must be preserved, both in
the life phase and the death phase. This is based on the teachings of Islam which teach that every
human being is created in a perfect, noble state and has values of honour that must be maintained
and respected by other humans. Various acts categorized as destruction, harassment, or abuse of
corpses, such as necrophilia, not only reflect a deviant sexual behavior but also an act of harassment
of various human values upheld by Islamic law. Legally, abuse committed against corpses can be
considered a serious violation of Islamic teachings. Islamic law has clearly explained the rules that
prohibit various kinds of harassment of the human body. The teaching to respect the corpse, from
bathing, shrouding, to proper burial, shows how noble the human body is. Necrophilia is a serious
violation of this teaching because it undermines the sanctity and dignity of human beings.
As a continuation and culmination of monotheistic traditions, Islam offers a comprehensive
system of sharia, clearly distinguishing between permissible „ḥalāl‟ and prohibited „ḥarām‟ acts to
ensure justice and welfare. This framework, is intended to protect the essential needs and interests
of human society, aligning with the fundamental objectives of Islamic law. Scholars have identified
five primary dimensions that maqāşid syarī‟ah seeks to protect: religion „dīn‟, life „nafs‘, reason
„aql‟, progeny „nasl‘, and property „māl‘. This holistic approach aims to maintain social harmony
and human dignity by addressing both spiritual and material needs. When these dimensions are
upheld, society thrives in a balanced, just, and equitable manner. Conversely, neglecting or
violating any of these aspects may lead to societal decay and moral degradation (Maulida & Ali,
2023).
From the perspective of maqāşid syarī‟ah, particularly in relation to ḥifẓ al-dīn or the
preservation of religion, necrophilia constitutes a profound violation of religious norms, ethics, and
principles that Islam upholds to maintain the sanctity and purity of faith (Hakim & Azizi, 2023).
Ḥifẓ al-dīn focuses on maintaining, protecting, and respecting the tenets of religion, including
adherence to moral conduct, ethical boundaries, and reverence for all aspects of human dignity and
sanctity, even in death (Tahir & Hamid, 2024). Islam places a significant emphasis on respecting
and protecting the deceased, as demonstrated by clear guidelines regarding how bodies are to be
treated after death, rooted in the belief that human dignity does not end with life but extends to the
afterlife. Necrophilia, as a behavior that desecrates the deceased, starkly contradicts Islamic
teachings on moral purity and respect for life and death. Engaging in such acts reflects a departure
from the boundaries of ethical and religious conduct set forth by Islam and undermines the moral
order that ḥifẓ al-dīn seeks to establish and preserve. Protecting religion also encompasses
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safeguarding societal values and moral norms derived from religious teachings, and necrophilia
represents a breach of those norms, potentially corrupting faith and degrading moral integrity within
the community.
The principle of ḥifẓ al-nafs, or the preservation of life, encompasses both the physical and
spiritual dimensions of human existence, emphasizing the holistic safeguarding of bodily integrity
and the soul's purity. When viewed through this lens, necrophilia emerges as a profound violation
of this essential objective within the framework of maqāşid syarī‟ah. From the physical perspective
of ḥifẓ al-nafs, necrophilia desecrates the tangible integrity of a human body, an act that contravenes
the Islamic mandate to respect and honour the deceased. Islam prescribes specific rituals and
practices for handling and burying the dead, demonstrating a commitment to preserving the sanctity
of the human form, even after life ends. The act of necrophilia not only defiles this sanctity but also
breaches the boundaries of acceptable conduct, causing harm to the dignity and sanctity that Islam
strives to protect. In the spiritual dimension, ḥifẓ al-nafs focuses on maintaining the purity of the
soul, emotions, intellect, and moral conduct. Necrophilia represents a grave moral transgression that
degrades human emotions and perverts the ethical and spiritual standards Islam seeks to uphold. It
reflects an act that can lead to spiritual decay, corrupting the individual‘s inner state and disrupting
the moral fabric of society. Such behavior, rooted in perversion, contradicts the spiritual
preservation that Islam mandates, threatening the moral integrity of the soul and contributing to the
erosion of communal ethics and values (M.Mustaqim Roslan, 2024).
The prohibition and prevention of necrophilia within the principle of ḥifẓ al-nafs are essential
to preserving both the physical and spiritual dimensions of human existence. In terms of physical
sanctity, the protection of the deceased's body reflects the broader Islamic ethos of respecting
human dignity at every stage of existence. Islam mandates specific rites, such as proper washing,
shrouding, and burial of the dead, all of which emphasize respect and reverence. Necrophilia, as a
violation of this sanctity, represents a profound transgression, desecrating what should be treated
with utmost honour. Such acts are deeply offensive, not only to the physical integrity of the
deceased but to the societal values and norms that demand respect for all human beings, living or
dead. From a spiritual perspective, the act of necrophilia goes beyond a mere physical violation, it
reflects a deep-seated corruption of moral and spiritual standards. The preservation of nafs is central
to Islamic teachings, as it guides behavior toward righteousness, ethical living, and social harmony.
Engaging in such perverse acts not only harms the individual by corrupting their soul but also
threatens the moral and spiritual fabric of society. It can lead to a breakdown in social ethics,
eroding the shared values that underpin a morally upright community.
The principle of ḥifẓ al-„aql ‗preservation of the intellect‘ is crucial for ensuring that human
reasoning, cognitive abilities, and intellectual faculties remain intact and functional. Islam
emphasizes that intellect is one of the essential components of human existence, enabling
individuals to engage meaningfully with their faith, society, and personal growth. Ḥifẓ al-„aql
specifically aims to protect the mind from corruption or damage, as an impaired intellect can hinder
the individual‘s ability to discern truth, understand religious teachings, and make sound moral
decisions. This preservation of intellectual integrity ensures that individuals are capable of
understanding the values of Islam, maintaining personal discipline, and making informed decisions
that contribute to both individual and societal well-being (Dede Nurwahidah et al., 2024).
From the perspective of ḥifẓ al-„aql, necrophilia is seen as a clear violation of the need to
protect intellectual and moral integrity. It is not only a crime against human dignity but also a
mental and psychological corruption that disrupts rational thinking. In such a state, the individual‘s
ability to think critically and ethically is impaired, which is why Islamic law forbids such behavior.
By prohibiting acts like necrophilia, Islam ensures that the individual remains intellectually sound,
capable of maintaining ethical standards, and able to reflect upon and uphold the values of ḥifẓ al-
„aql. Furthermore, Islam's prohibition of necrophilia aligns with its broader goals of protecting
society from intellectual and moral degradation. A healthy intellect enables individuals to contribute
positively to society, engage with religious knowledge, and adhere to ethical principles. Acts like
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necrophilia, which are rooted in moral corruption, represent a threat to this intellectual and spiritual
well-being. Therefore, Islam‘s legal and ethical framework, by preventing such actions, preserves
the integrity of the intellect and safeguards the individual‘s ability to reason and reflect within the
moral and spiritual contexts that underpin Islamic teachings (Alias et al., 2024).
As a paraphilic disorder, Necrophilia poses significant ethical, moral, and psychological
challenges that intersect with legal frameworks. Ethically, it raises critical concerns about
respecting the dignity of the deceased, as the act inherently violates principles of autonomy and
consent. Since a corpse cannot consent, such conduct is universally condemned, emphasizing the
importance of protecting bodily integrity even after death. The moral debates surrounding
necrophilia often extend to the emotional and psychological harm inflicted on the deceased's loved
ones, highlighting its broader societal implications. Psychologically, necrophilia is categorized as a
paraphilic disorder involving persistent fantasies, urges, or behaviors directed toward corpses. It
frequently coexists with other mental health disorders, including personality and trauma-related
conditions. Psychological research suggests that factors such as adverse childhood experiences,
distorted thinking patterns, and dysfunctional coping strategies may contribute to the development
of necrophilic tendencies (Krishna & Babu, 2024).
Clinically, necrophilia is often classified in several typologies based on the intensity and type
of behavior exhibited by the perpetrator. Case studies show that these categories are not necessarily
static, but rather evolve over time. For example, individuals who initially fit the profile of a
necrophilic fantasizer, as classified by Rosman and Resnick, may experience behavioral escalation
towards more severe forms such as necrophilic homicide. This was seen in the case of G a 40-year-
old married German man who has two children, in a study conducted by S.S.T. Boureghda, W. Retz
PhD, F. Philipp-Wiegmann and M. Rösler PhD in 2011, who showed a progression of behavior
from fantasy to actual acts involving bodily mutilation. Aggrawal's classification approach
highlights that necrophiliacs can move from one category to another over time. G. initially fit the
profile of a necrophilic fantasizer but later demonstrated characteristics of a necromutilomaniac and
tactile necrophile through acts of mutilating and storing body parts. Although he did not meet the
criteria of an exclusive necrophile as he still had sexual relations with his wife, the progression of
his behavior led to more extreme acts. This progressive development corresponds to the DSM
diagnosis for paraphilia disorder, which suggests that the intensity of the behavior may increase
over time in the absence of intervention. This case reinforces the importance of considering a more
dynamic diagnostic approach in assessing necrophilia, given that its behaviors and clinical
classification often change significantly (Boureghda et al., 2011).
In many cultures around the world, respect for the dead is an important part of the social and
moral values of the community. Traditions such as the building of the pyramids in Egypt and the
process of mummification show how important it is to honour those who have died. Many cultures
observe death ceremonies with great reverence, based on the belief in an afterlife. Violations of this
value are considered against social norms and cause emotional suffering for the families left behind.
When rules related to respecting the dead are compared to social prohibitions on deviant sexual
practices, a debate arises as to whether emotions can be the basis of coercive laws. While emotion-
based regulation is often considered less legitimate in academic contexts, the prohibition of
necrophilia goes beyond mere emotional reactions. It violates more objective social norms, such as
consent requirements, protection of private property, and public health and safety. As such, the
imposition of criminal sanctions for necrophilia is not only based on moral grounds but also to
protect broader legal rights and interests. This regulation reflects the need for legal protection that
ensures respect for human dignity even after death (Yadav, 2023).

CONCLUSION
Necrophilia, characterized by an attraction to or sexual acts involving corpses, remains a
complex issue intersecting legal, ethical, and religious domains. Islamic law, emphasizing the
sanctity and dignity of the human body even after death, unequivocally condemns necrophilia as a
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severe moral and legal transgression. Rooted in the principles of Maqāşid Syarī‟ah, particularly the
preservation of life ‗ḥifẓ al-nafs‘, intellect ‗ḥifẓ al-aql‘, and dignity, Islamic jurisprudence upholds
the inviolability of the deceased, framing necrophilia as both a violation against the deceased and an
affront to societal moral values. The Quran and Hadith provide a theological basis for this stance,
underscoring respect for human dignity irrespective of life or death. From a legal perspective,
Indonesian criminal law reflects similar concerns by criminalizing acts of corpse desecration
through provisions such as Articles 180 and 181 of the Indonesian Criminal Code. These articles,
alongside more specific laws addressing sexual offenses, illustrate a concerted effort to safeguard
public morality and individual dignity. However, despite these protections, challenges persist in
ensuring comprehensive legal coverage due to varying interpretations of human dignity and the
deceased's legal status.
This study acknowledges certain limitations, including the scarcity of empirical data on
necrophilia cases in Islamic jurisdictions and potential variances in legal interpretations across
different Islamic schools of thought. Future research could explore comparative legal analyses
between Islamic and secular legal frameworks to identify potential harmonization strategies.
Additionally, interdisciplinary studies incorporating psychological, sociological, and theological
perspectives could provide a deeper understanding of the motivations behind necrophilic acts and
inform more effective policy development. Through such endeavors, legal systems can better align
with the universal ethical mandate of preserving human dignity in both life and death.

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