In recent years, different searches and preferences have begun to come to the fore in our perspective on funeral ceremonies and death. One of these pursuits is the option of cremation after death, instead of the traditional coffin and burial process. So, how is this situation evaluated in Turkish Law? What legal steps need to be taken for those who want to be cremated? In this article, we will examine the place of cremation after death in Turkish Law and all its details.
Legal Status:
In Turkish Law, cremation after death is not expressly prohibited. The following statements are included in Article 226 of the General Hygiene Law No. 1593, which draws the basic framework on this issue:
“The bodies of the dead are buried in accordance with religious obligations and general sanitation rules. The bodies of those who die due to an epidemic disease or where it is not possible to bury the deceased according to their religious obligations can be cremated.”
In light of this article, cremation after death is possible subject to two basic conditions:
1. Compliance with Religious Obligations: If the religious beliefs of the deceased allow cremation, this procedure can be performed.
2. Public Health: The bodies of people who died from an epidemic disease can be cremated to avoid posing a risk to public health.
Except this:
• If the person stated that he wanted to be cremated while he was alive, through a will, this wish is fulfilled.
• If family members unanimously agree to cremate the deceased, this creates a legal basis.
Cremation Process:
If the above conditions are met, the following steps must be taken for cremation after death:
1. Death Certificate: The death certificate of the deceased and other necessary documents must be provided.
2. Crematorium: There is currently no actively operating crematorium in Turkey. If cremation is planned to take place abroad, the necessary visa and legal procedures must be completed.
3. Transportation: The body of the deceased must be transported to the crematorium.
4. Cremation: Cremation is carried out in special ovens in the crematorium.
5. Ashes: The ashes remaining after cremation can be preserved or scattered as specified in the will.
