Jana’iz and Janazah
Preference in Performing a Deceased Spouse’s Ghusl
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 MoreCan a Wife Visit Her Dead Husband Before the Burial?
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 MoreCan Muslims Attend the Funerals of Non Muslims?
Question:
Assalaamu ‘alaykum. Alhamdulillah we see that people from different religions and cultures are entering islam, some of them still maintaining strong family ties with their non-muslim relatives inspite of it. Coming to the question, is it permissible to go to non-muslim families’ funerals? If so, what part can be played in the execution of the funeral? I think also that some of the main concerns of the reverts are that if they don’t attend the funeral, the family feels offended.
Answer:
الحمد لله رب العالمين ، وصلى الله على سيدنا محمد وعلى آله وصحبه أجمعين، وبالله التوفيق
فرع في غسل الكافر: ذكرنا أن مذهبنا أن للمسلم غسله ودفنه واتباع جنازته المجموع: 5: 89
According to our madhhab, it is permissible for a muslim to perform the washing of the dead body, as well as burial and to join the funeral procession of a non-Muslim (al-Majmūʿ: 5: 89). However, it is not permissible for him to participate in prohibited actions such as cremating, to join in prayer that involves polytheistic phrases etc.
Though as best as one can, one should abstain from the actual proceedings of the funeral in order to protect ones Islamic beliefs and spirit. Many non-Muslim funeral have many un-Islamic actions within them that contradict the Divine law. Though it is permitted, as long as one does not cooperate in sin and transgression.
It is clear from the instructions of al-Qurʾan and al-Hadith that one should show kindness to parents and siblings who are non-Muslim. Allah, the majestic, says:
لَّا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُم مِّن دِيَارِكُمْ أَن تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ
“Allah does not forbid You to deal justly and kindly with those who fought not against You on account of Religion and did not drive You out of Your homes. Verily, Allah loves those who deal with equity.” [Surah al-Mumtahanah (60): 8]
In Sahih al-Bukhari we find the following hadith:
حدثنا عبيد بن إسماعيل حدثنا أبو أسامة عن هشام عن أبيه عن أسماء بنت أبي بكر رضي الله عنهما قالت قدمت علي أمي وهي مشركة في عهد رسول الله صلى الله عليه وسلم فاستفتيت رسول الله صلى الله عليه وسلم قلت وهي راغبة أفأصل أمي قال نعم صلي أمك (صحيح البخاري: 2620
It is narrated by Sayyidatuna Asma bint Abu Bakr (radiya allahu ‘anha) that during the treaty of Hudaibiyah, her mother, who was then pagan, came to see her from Makkah. Sayyidatuna Asma informed Rasulullah sallaLlahu ‘alaihi wa alihi wa sallam of her arrival and also that she needed help. Rasulullah sallaLlahu ‘alaihi wa alihi wa sallam said: Be good to your mother!
(Sahih Bukhari: 2620)
والله تعالى أعلم
Allah Most High knows best.
Answered by:
Sidi Ml. Abdullah Muhammad al-Marbuqi al-Shafi‘i.
Read MoreThe Shafi'i View on Women Visiting the Graves
compiled by Abul Layth
The Shafi’i author and jurist Abu Is-haq Ash-Shirāzī stated,
“It is not permitted for women to visit the graves due to what is reported from Abu Hurayrah (radhiya Allahu ‘Anhu) from the Prophet (sallallāhu ‘alayhi wa sallam) that he stated, “The curse of Allah is upon women who visit the graves.”1
However, Imam An-Nawawi disagrees.
Imam An-Nawawi (rahimahullah) stated in his Al-Majmu’ Sharh Al-Muhadhab commenting upon the fact that this is the apparent meaning of the hadith:
“…however, this [verdict] is irregular [shādh] in the madh-hab (of Imam Ash-Shāfi’ī). The majority (jumhūr) of the scholars deemed it to be makruh (disliked) for women – suggestively disliked (كراهة تنزيه). [Imam] Ar-Ruyānī mentioned in his “Al-Bahr” two views. The first being that it is makrūh, as stated by the majority. The second view is that it is not makruh, saying, “And this is what is more correct when she will safe from being tried.” The author of Al-Mustath-harī [i.e Ghazzali] stated, “My view is that if the women go to the graves seeking to renew grief, cry, wail (etc), as is the custom of women, then it is forbidden. Upon them is the meaning carried by the hadith, “The curse of Allah is upon women who visit the graves.” If the women are going for a purpose other than wailing and the likes then it is disliked (makruh), unless it is an old woman where there is no worry of such, then it is not makruh. [...]
An Nawawi continues,
“The scholars have disagreement (may Allah have mercy on them) regarding the women entering the graveyards due to what the Prophet (sallallāhu ‘alayhi wa sallam) said,
نهيتكم عن زيارة القبور فزوروها
“I used to forbid you to visit the graves, [now] you can visit them.”2
And the chosen view (mukhtār) according to our Shafi’ī comrades is that they are not to enter amongst men. What proves that it is not forbidden for women to visit the graves is the hadīth of Anas (ibn Mālik radiya allāhu ‘anhu) that the Prophet Muhammad (sallallāhu ‘alayhi wa sallam) came upon a woman and she was weeping at the grave and he said to her, اتق الله واصبري “Be aware of Allāh and be patient!”3
The proof in this report being that he did not forbid from continuing to visit the grave. Also what is reported by ‘Ā’ishah (radiya allāhu ‘anhā) who asked the Prophet, “What do I say when I visit the graves?” Whereupon he instructed her to send salams upon the inhabitants etc.4
Conclusion: The strongest opinion in the school is that it is generally Makruh for women to visit the graves. If they do visit the graves, they should do so patiently, so as not to wail and do actions of jahaliyyah. If she can guarantee that she will not behave irrationally and commit forbidden acts, then there is a reported opinion that it is permitted. Also, women are not to intermingle with the men when visiting the graves.
Allah Knows Best!
- Reported by Imam At-Tirmidhī in his Sunan saying afterwards, “Hasan Sahīh” [↩]
- Sahih Muslim [↩]
- Reported by Al Bukhārī and Muslim [↩]
- reported by Muslim in his Sahih [↩]
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