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

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Does Laylat al-Qadr move between the nights of Ramadan?

Laylat al-Qadr is definitely in Ramadan, and it is most likely in the last ten nights, especially on the odd-numbered nights.
For this reason, the Prophet ﷺ commanded observing worship in the last ten nights, and he himself used to dedicate those nights to worship. Many people put special effort into the 27th night of Ramadan, and they are rewarded in any case, whether they actually coincide with Laylat al-Qadr or not, because worshiping on any night of Ramadan carries great rewards.
 

How is Laylat al-Qadr observed?

Laylat al-Qadr is observed through various acts of worship and obedience, including:
● Performing obligatory, Sunnah, and voluntary prayers
● Reciting the Quran
● Increasing remembrance (dhikr) of Allah
● Giving charity
● Performing I‘tikaf
● Inviting others to Allah
It is also Sunnah to increase in supplication and humbly beseeching Him, Glorified and Exalted be He.

Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?

● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.

When is it Sunnah to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered on the seventh day from the birth of the newborn. According to the sounder position, the day of birth itself is counted as the first of the seven days. Thus, for example, if the child is born on a Saturday, the 'aqīqah is to be slaughtered on the following Friday. If the child is born at night, the count begins from the day that follows. And Allah Almighty knows best.