Jana’iz and Janazah

Offering Funeral prayer while not being present at the funeral

Posted by on Dec 27, 2011 in Featured, Jana'iz and Janazah | 2 comments

Question:

Assalamu Alaikum

I am Sri Lankan living in Toronto, Canada. We have our own Masjid in Toronto. We do pray Gha’ib Janaza prayers for Janazas happening in Sri Lanka or any where else in the world. A question has been raised often about the authenticity of this practice, can you please clarify and let us know any Sharia proof for this practice.

JazakAllah khayran

 

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

In both Bukhari v. 1, p. 318 and Muslim v. 7, p. 21, the Prophet Muhammad performed the funeral prayer for the Ethiopian king, Najashi (rahmatullah ‘alayh). Based on this, the Shafi’is ruled that the funeral prayer may be performed for one absent from the country [balad], as the Prophet Muhammad was in Hejaz and Najashi in Ethiopia when it took place. (Sharh al-Muhadhdhab v. 5, p. 251-53)

Read More

A Man Washing His Wife's Deceased Body for Janazah

Posted by on Oct 28, 2011 in Featured, Jana'iz and Janazah, Taharah | 2 comments

Question:

Assalamu Alikum Sheikh,

If husband is Ghair Mahram [i.e. here a marriageable mahram] to his wife how can the husband perform the ritual bath (ghusl) to his dead wife, will it not nullify the wudhu of the deceased wife?

Jazakallah

From: Columbo, Sri Lanka

Answer:

Wa’alaykum Salam wa Rahmatullah,

It is permissible for a husband to perform the ghusl/bath of his dead wife. [Nihayat Al-Muhtaj ila Sharhil Minhaj Vol. 2 page 449 of Shams-ud-din Muhammad ibn Abil - 'Abbas, also Al-Majmu' of Imam An-Nawawi Vol 6 page 200, and elsewhere.]

Regarding the wudu’ of the deceased wife, then it will not be nullified, and therefore it will remain valid. [Rawdat At Talibin Vol. 2 page 102 of An-Nawawi].

Allah Knows Best!

Shafi’i Fiqh Fatwa Dept.

Read More

Should Jumuah or Janazah be made first?

Posted by on Jun 6, 2011 in Featured, Jana'iz and Janazah, Jumu'ah | 0 comments

Question:

If a person passes away on Friday, is it better to bury him after Jumuah or before Jumuah?

Country: United States

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

If a Friday prayer and funeral prayer enter, and time is not tight, then the funeral prayer must be made first. If time is tight, then the Friday prayer may be performed first. (Sharh al-Muhadhdhab v. 5, p. 56; Tuhfat al-Muhtaj v. 3, p. 64)

Ibn ‘Abd al-Salam was in charge of the Friday prayer in Egypt’s ‘Amr b. al-As mosque. He would perform the funeral prayer before the Friday prayer, and then give fatwa that those needed to carry the deceased and the deceased’s family should proceed for burial (without performing the Friday prayer first). (Tuhfat al-Muhtaj v. 3, p. 64)

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Read More

Feeding People at the Deceased’s Home after Burial

Posted by on May 24, 2011 in Business and Trade, Featured, Food, Halal and Haram, Jana'iz and Janazah, Other Issues | 1 comment

Question:

How is it to feed the common people and mourners at the home of the deceased after burial?

Country: South Africa

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

The source of the food could be either:

1)      From the estate, while apportioned for another (like a minor, creditor, or absentee), it is unlawful; moreover, whoever spends from it is liable. (‘Umdat al-Mufti wa al-Mustafti v. 3, p. 181) However, when from the estate, without being apportioned to another and with consent from all entitled to it, then such is a disliked innovation.  (Tuhfat al-Muhtaj v.1, p. 437)

This is an innovation as it is opposite to the established sunnah. The Prophet Muhammad said, “Cook for the family of Ja’far, they have been struck by something that keeps them busy.” (Musnad Ahmad #1751; al-Mawsu’at al-Hadithiyyah p. 280)

2)      Not from the estate, it is permissible; but it is disliked to eat at a house where the family is not cooking due to mourning. If the family is not cooking on account of other reasons, then it is not disliked to eat there, with the condition that the food is not from the estate. (Tuhfat al-Muhtaj v. 1, p. 437)

 

And Allah knows best.

Answered by: Ml. Tariq Muhammad

Read More

Preference in Performing a Deceased Spouse’s Ghusl

Posted by on Apr 14, 2011 in Featured, Jana'iz and Janazah | 0 comments

Question:

Is it permissible for a husband to give bath to his dead wife?

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

For a man’s body, the order of preference for who should wash him is as follows:

1)       Those who are most entitled to lead the funeral prayer are most entitled to perform the ghusl; the most learned takes preference over the eldest. Relatives are given preference over strangers.

2)       The deceased’s wife, even if remarried.

3)        Female relatives.

 

And for a woman’s body:

1)       Female relatives.

2)       Other women.

3)       Her husband, even if remarried.

4)       Male relatives; their preference is based on who is more entitled to lead the funeral prayer.

This order of preference considers that the person washing is: 1) free, 2) shares the same religion as the deceased, 3) did not commit murder which would abdicate the right of inheritance and 4) is not a transgressor or hostile.

If there are only strange members of the opposite gender available, tayammum should be made. There is no problem for a man or woman to wash a pre-pubescent boy or girl.

(al-Hawashy al-Madaniyyah 1/107; Mughni al-Muhtaj 2/13)

 

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Read More

Can a Wife Visit Her Dead Husband Before the Burial?

Posted by on Oct 11, 2010 in Featured, Iddah, Jana'iz and Janazah | 1 comment

Question:

Is it permissible for a widow to go to the hospital to see her dead husband before they bury him or do the “iddah period start immediately so she have to stay home?

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

Regarding a woman leaving her house to attend her husband’s funeral, Bujayrimi mentioned that it is not permissible and said,

أي كخروجها لجنازة زوجها أو أبيها مثلا فلا يجوز

“Meaning, like her going out for her husband or father’s funeral (for example), it is not permissible.” (Tuhfat al-Habib v. 4, p. 52)

Imam Nawawi related from Imam Malik that it is disliked for a woman to follow a funeral procession besides when it is of her late son, father, or husband. (Sharh al-Muhadhdhab v. 5, p. 169) Furthermore, Sh. Ahmad al-Sawi al-Maliki mentioned,

يجوز لها الخروج لجنازة زوجها مع أنها بموته لزمها الإحداد وعدم الخروج إلا فيما سيأتي بيانه

“It is permissible for her to leave for her husband’s funeral taking into account that upon his passing the rituals of mourning and the obligation to stay confined to her house bind her, besides for what’s explanation is forthcoming.” (Hashiyat al-Sawi ala al-Sharh al-Saghir v. 1, p. 566)

The opinion in the Maliki School is given for a woman who is facing a great tragedy [musibah] through losing a loved one; thus, they allow a woman to leave in order that she attends her husband’s funeral proceedings. This permission is given to a woman, even if young, who would not cause trouble [fitnah]. (Ibid)

Thus, the Shafi’i School does not permit a woman in her waiting period after her husband’s passing to attend his funeral. And there is an opinion in the Maliki School, as expressed in Hashiyat al-Sawi, permitting it.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Read More