Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(175): "The Wife`s Father is Given Priority over Husband in Determining her Place of Burial in Case She Passed away"

Date Added : 02-11-2015

 

Resolution No.(175)(7/2012) by the Board of Iftaa`, Research and Islamic Studies:

"The Wife`s Father is Given Priority over Husband in Determining her Place of Burial in Case she Passed away"

Date: 14/7/1433 AH, corresponding to 4/6/2012 AD.

 

All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the following question:

Who should be given priority to receive the dead body of the  wife or the husband, take care of the burial process, and accept the condolences, whether their marriage was valid or they were divorced. Should the husband be given the priority, the wife, the children, the husband`s or the wife`s family?

Since death suffices as a lesson, there should be no room for dispute; rather, people should agree on what is best for the deceased as regards his/her burial place and funeral.

In case of dispute, priority should be given to the close paternal relatives of the deceased. If they disagreed about his/ her burial place, then the father is given priority, then the children, then the brothers.

The four jurists have given the wife`s relatives the priority in performing her funeral prayer. In fact, the Hanafite jurists have stated: "The husband enjoys no guardianship over his deceased wife; however, he is obliged to pay for the costs of enshrouding her and all the other costs of her burial." {Rad`d Al-Mohtaar, vol.2/pp.220,206}. This opinion has been adopted by the Jordanian Civil Status Code, 2010 /Article (71).

The Malikites as well as the Shafites gave priority to the husband over his wife`s male Mahrams as regards washing her (Ghusl) and placing her in the grave, because he is allowed to look at parts of her, which others aren`t allowed to look at; therefore, her Mahrams are given priority to take care of her funeral`s affairs, and her husband has more right to handle matters which may involve her indecent exposure.

Accordingly, when there is dispute as regards determining the place of the wife`s burial, priority is given to her father, then her sons over her husband, as stated by Al-Imam Ar-ramli (May Allah bless him): "If there is a dispute as regards the burial place of the husband, who made no bequest in this regard, then priority should be given to his closest paternal relatives in deciding where to bury him. If the deceased was the wife, then her closest paternal relatives should be given priority over her husband as to where she should be buried." {Nihayat Al-Mohtajj}. Moreover, Al-Khateeb Ash-Shirbini stated: "If the father and the mother had disputed over where to bury their deceased son, then the father should have the final say." {Moghni Al-Mohtajj}.

As regards accepting the condolences, we advise both parties to reach an agreement on that  for the sake of Allah and the deceased`s. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Helayel

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

     Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What should a worshiper who has forgotten a pillar of prayer do?

If he/she remembered the forgotten pillar before offering it in the following Rakah (unit of prayer), then he/she should offer it, and continue the prayer, then offer Sujood As-Sahw (Prostration of forgetfulness) at the end of it. But, if he/she remembered that forgotten pillar after having offered it in the following Rakah, then he/she should offer a new Rakah in its (the one in which he forgot a pillar) place, and offer Sujood As-Sahw.

What is the ruling on someone who vowed to fast for two consecutive months, but failed to do so?

He is obliged to fulfill his vow by fasting for two consecutive months, but if he fails to do so then, it remains a debt on him until he either fulfills his vow, or dies. In case of his death, his guardian is supposed to fast on his behalf, or donate food from his estate in return for fasting, but if the guardian fails to do so then, it is all in the Hands of Allah.

Is it permissible for a woman to say that she loves her husband more than her father?

It is impermissible for her to say so since this would hurt her father deep down. Allah, The Almighty, Says in this regard (What means): "And that ye be kind to parents." [Al-Isra/23]. Saying such a thing to her father isn`t an act of kindness since she should keep it to herself even if she felt that way.

Is it permissible for a woman to adorn herself with kohl (eyeliner) and go out wearing it?

Kohl is a form of adornment, and it is forbidden for a woman to display her adornment to anyone other than her husband or a Mahram. And Allah Knows Best.