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

Who is the "Capable Person" for whom the Udhiyah is prescribed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Capable Person (Al-Qadir): is the one who possesses wealth in excess of their own basic needs and the needs of their spouse, children, or anyone they are responsible for supporting, during the day of Eid and the three days of Tashreeq; as this period constitutes the designated time for the sacrifice. And Allah the Exalted knows best.

Is it permissible for a wife to boycott (not to attend to his different needs) her husband?

It isn`t permissible for the woman to boycott her husband unless he is the reason behind that, and it is recommended that both spouses seek the advice of righteous people to make reconciliation.

What is the ruling on performing Tarawih in sets of four rak‘ahs with only one Tasleem?

It is not permissible to combine more than two rak‘ahs with a single Tasleem in Tarawih prayer. Whoever does so, their prayer is invalid. Shaykh al-Islam Imam Muhammad al-Ramli (may Allah have mercy on him) stated: "If a person prays four rak‘ahs of the Tarawih prayer with a single Tasleem, it is not valid if they did so intentionally and with knowledge [of the prohibition]. Otherwise, it becomes an 'absolute voluntary prayer' (nafl mutlaq); because it is contrary to what has been prescribed." [Nihayat al-Muhtaj, Vol.2/P.127].

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.