the Prophet, peace and blessings be upon him, or his caliphs, their consensus would not constitute binding proof according to the majority of Muslims. After the time of Mālik and his companions, their consensus does not constitute binding proof by agreement of the Muslims. How, then, could the consensus of the inhabitants of other cities do so?

As for the claim, “This resembles Jewish and Christian funerals,” that is not so. Rather, the People of the Book customarily raise their voices during funeral processions, and the terms of their covenant of protection stipulated that they must not do so. Moreover, we have only been forbidden to imitate them in matters that are not part of the way of our earliest predecessors. When we follow the way of our earliest predecessors, we are acting correctly, even if others share some of those practices with us, just as they share our practice of burial in the earth and other practices.

He—may Allah have mercy on him—was asked:

“A Christian woman whose husband is Muslim has died while carrying a seven-month-old fetus. Should she be buried among the Muslims or among the Christians?”

He answered:

“She should be buried neither in Muslim cemeteries nor in Christian cemeteries, because a Muslim and a non-Muslim are together here. A non-Muslim is not to be buried among Muslims, nor a Muslim among non-Muslims. Rather, she should be buried separately, with her back towards the qiblah, because