Folia Theologica et Canonica 9. 31/23 (2020)
Ius canonicum
330 SZABOLCS ANZELM SZUROMI, O.PRAEM. explanations. Therefore, in the current disciplinary regulation is allowed Catholic burial service for those, who disposed about cremation of their corpse. Nevertheless, the new regulation still emphasizes, that “The Catholic Church prefers the burial of the deceased person in the traditional way, because Our Lord himself liked his body buried.” The New Code of Canon Law, which has come into force on November 27th 1983 repeats in Can. 1176 that the Church “expressively recommends” the traditional form of burial of the body, however does not forbid to cremate that, except that certain case, when the testator trough his/her will intended to express the rejection of the Christian dogmatic teaching.59 This concept is supported by Can. 1184 §1 n. 2, which lists the prohibitions of burial services.60 It is important to underline, that even the disciplinary change regarding burial of cremated corpse, it has not made change in the list of lawful burial places within the Church’ teaching. It is clear that Can. 1180, but even the Liturgical Book of Burial Service do say nothing about further burial places besides the traditional list: cemetery, church, chapel, family crypt.61 Therefore, the putting of deceased’ mortal remains into the family private home, etc. - which is recently very common - cannot be recognized as canonically allowed form of giving the last honors.62 The Congregation of Doctrine of the Faith has ordered therefore on August 15th 2016 by a new instruction - repeating again the defined discipline of the Church63 - that the most complete form of burial is the inhumation, however the cremation is also allowed. Nevertheless, the document emphasizes that both forms permitted only in cemetery, or cultic (sacred) place which is defined the competent authority of the Church. The Congregation prescribes that the mortal remains must be guarded at sacred places, means in cemetery, in church, or appropriate place which is assigned by the competent ecclesiastical authority. 59 CIC/1983 Can. 1176 § 3 - Enixe commendat Ecclesia, ut pia consuetudo defunctorum corpora sepeliendi servetur; non tamen prohibet cremationem, nisi ob rationes Christianae doctrinae contrarias electa fuerit. 60 CIC/1983 Can. 1184 § 1 - Exequiis ecclesiasticis privandi sunt, nisi ante mortem aliqua dederint paenitentiae: (...) 2° - qui proprii corporis cremationem elegerint ob rationes fidei Christianae adversas (...). 61 Cf. Blanco Nájera, F., Derecho funerat, Madrid 1930. 59-66, 108-112. Rossi, G., La “sepultura ecclesiastica” e “ius funerum”, Bergamo 1920. 21-22, 78. 62 Szuromi, Sz. A., Le esequie ecclesiastiche a servizio delle anime, 62. 63 C. de Doctrina Fidei, Instr. Ad resurgendum cum Christo (15 aug. 2016).
