Based on the System of the Administrative Apparatus of the State promulgated by Royal Decree 75/2020,
and the System of Governorates promulgated by Royal Decree 36/2022,
and in pursuance of public interest
it is hereby decided
Article I
The provisions of the attached regulation shall apply in regard to the governance of cemeteries.
Article II
This decision must be published in the Official Gazette, and comes into force on the day following the date of its publication.
Issued on: 22 Shawwal 1445
Corresponding to: 1 May 2024
Hamoud bin Faisal Al-Busaidi
Minister of Interior
Published in Official Gazette 1544 issued on 5 May 2024.
The Regulation Governing Cemeteries
Chapter One
Definitions and General Provisions
Article 1
In the application of the provisions of this regulation, words and phrases provided have the same meaning stipulated in the aforementioned System of Governorates, and the following words and phrases have the meaning assigned to each of them, unless the context requires otherwise:
1. Cemeteries:
Sites designated for the burial of the dead, either public for the burial of Muslims or private for the burial of other religions.
2. Communicable or epidemic diseases:
Diseases that threaten public health and for which a decision is issued by the Minister of Health.
Article 2
The sanctity of cemeteries must be preserved, and cemeteries must not be used for purposes other than those designated for them.
Article 3
The competent municipality shall undertake the planning and maintenance of old cemeteries to ensure the protection and sanctity of the graves.
It shall also govern and supervise traditional venues for the ghusl of the dead established before the entry into force of the provisions of this regulation.
Chapter Two
The Establishment of Cemeteries and the Conditions of Burial
Article 4
The competent municipality shall determine, in coordination with the Ministry of Housing and Urban Planning, the places designated for the establishment of cemeteries, and the competent municipality shall undertake their establishment, fencing, and management, as well as the preservation of their sanctity.
Article 5
It is not permitted to establish, modify, or repair cemeteries except after obtaining a permit to do so from the competent municipality and fulfilling all the requirements and procedures determined by the Ministry of Health.
Article 6
The competent municipality shall establish a register of graves, indicating the details of the dead and any amputated organ, embryos, or unidentified bodies that have been buried.
Article 7
The competent municipality shall, when establishing cemeteries, comply with the following:
1. That they are far from the urban zone, the future extension of residential or commercial residential areas, or wadi pathways, and taking into account cemetery buffers ranging from 50m2 (fifty square metres) to 100m2 (one hundred square metres).
2. That they are far from landfill sites or groundwater sources.
3. Enclosing them with fences whose height is not less than 2.5m (two and a half metres) and providing them with the necessary security.
4. Providing walkways for pedestrians to ensure that graves are identified and that they are not walked over.
5. Providing sources of electricity and water, parking lots for vehicles, and accommodating persons with disabilities.
6. Designating places for the burial of unidentified persons, amputated organs, embryos, or dead persons with communicable or epidemic diseases.
Article 8
Public cemeteries must include the following facilities:
1. An administrative office with a warehouse designated for record keeping, toilets, and a resting place for cemetery workers and those who perform the ghusl for the dead.
2. Places for the ghusl of the dead, with places designated for the ghusl of the corpses of women and other places for the ghusl of the corpses of men, and in which the following are available:
(a) Rooms for performing ghusl and preparing the dead, equipped with the necessary facilities and supplies.
(b) A warehouse for the storage of supplies for wrapping the kafan.
(c) A waiting room for the relatives of the dead, and a place designated for performing the funeral prayer.
3. A room for washing and wrapping the kafan for dead persons with infectious or epidemic diseases, equipped in accordance with the health requirements determined by the competent entity, a warehouse containing all the necessary supplies for this, a separate place for performing the funeral prayer, and a separate wastewater network.
Article 9
The competent municipality shall determine the beneficiary groups of the private cemetery.
Article 10
The dimensions of the grave in public cemeteries must be in accordance with the dimensions specified in the Islamic Sharia. In the event of death due to infectious or epidemic diseases, the grave must be dug in accordance with the requirements specified by the Ministry of Health.
Article 11
It is not permitted to build any building inside cemeteries, allocate graves, or erect any additions to them. It is permitted to elevate (tasneem) the grave in loose places so that it does not exceed a shibr measurement ranging between 20cm (twenty centimetres) and 25cm (twenty-five centimetres).
Article 12
The following must be adhered to when burying the dead in cemeteries:
1. Not to bury any amputated organ of the human body except after obtaining a medical permit to do so from the competent entity.
2. Not to bury a person who dies due to infectious or epidemic diseases except after obtaining a permit to do so from the Ministry of Health and under its supervision.
3. Not to bury non-Muslims in public cemeteries.
Article 13
The height of the grave in private cemeteries must not exceed half of the height of the fence of the cemetery, and the direction of the graves must be unified.
Article 14
The following must be fulfilled for the burial of deceased Omanis in cemeteries:
1. The civil status card.
2. A death report from an accredited health establishment.
Article 15
In exception to the provisions of article 24 of this regulation, the competent municipality may bury dead non-Omanis in cemeteries after fulfilling the following:
1. Residence card.
2. A death report from an accredited health establishment.
3. A non-objection certificate from the Royal Oman Police or from the embassy or consulate.
Article 16
The body of an unidentified person must be buried by the competent municipality after coordination with the Royal Oman Police.
Article 17
The competent municipality shall number graves in accordance with the principles and standards specified by the Ministry of Housing and Urban Planning.
Chapter Three
Ghusl of the Dead
Article 18
The competent municipality shall prepare, perform ghusl, wrap the kafan, transport, and bury dead Muslims in cemeteries in accordance with the provisions of the Islamic Sharia. It is permitted, at the request of the relatives of the dead, to perform ghusl for them and wrap them in the kafan in the home in accordance with the requirements and controls stipulated in article 21 of this regulation.
Article 19
The relatives of the dead may participate in his ghusl, unless the death is due to an infectious or epidemic disease.
Article 20
Men shall not enter places designated for the ghusl of the corpses of women.
Article 21
It is permitted to perform ghusl and prepare the dead—with the exception of the dead with communicable or epidemic diseases—at home or in traditional ghusl venues at the request of his relatives, provided that the following is adhered to:
1. The health controls and requirements specified by the Ministry of Health.
2. That the person responsible for performing the ghusl and preparing the dead is familiar with the provisions of ghusl.
Article 22
A person who performs ghusl for the dead and wraps their kafan must be a Muslim and familiar with the provisions of the Islamic Sharia relating to ghusl and kafan.
Article 23
The following must be fulfilled by those who perform ghusl for those who die because of epidemic or infectious cases, in addition to the condition stipulated in article 22 of this regulation:
1. Be qualified to handle corpses of epidemiological or infectious cases.
2. Complying with all occupational safety measures and preventive measures prescribed by the competent entities.
Chapter Four
Transporting the Dead
Article 24
The competent municipality shall transport non-Omani dead and hand them over to the embassy of their state after coordination with the Ministry of Foreign Affairs and payment of the prescribed fees.
Article 25
The competent municipality shall provide vehicles for honouring the dead, maintaining their cleanliness and sterilisation, and allocating special vehicles for infectious or epidemic cases, in accordance with the technical and health specifications specified by the Ministry of Health.
Article 26
The competent municipality shall qualify and train drivers of the vehicles for honouring the dead to transport the deaths of epidemiological or infectious cases.
Article 27
It is not permitted to open the grave to re-examine the corpse of the dead or to transfer his remains to another cemetery or outside the Sultanate of Oman, except after obtaining a permit to do so from the Royal Oman Police or on the basis of a judicial ruling, and after taking the Sharia opinion, taking into account the health and preventive measures determined by the competent entity.
Chapter Five
Penalties
Article 28
Whoever violates the provisions of articles 2, 4, and 13 of this regulation is subject to an administrative fine no less than 50 (fifty) Rial Omani and not exceeding 200 (two hundred) Rial Omani.
Article 29
Whoever violates the provisions of articles 18, 20, and 21 of this regulation is subject to an administrative fine no less than 100 (one hundred) Rial Omani and not exceeding 500 (five hundred) Rial Omani.