said, increase mentioning just before death · 2020. 2. 10. · preparation of the deceased and the...
TRANSCRIPT
Preparation of the Deceased and the Funeral Salah
The Muslim should prepare himself for death
by increasing righteous deeds and staying away from
what is haraam. He should always remember death.
The Prophet of Allah (~) said, "Increase mentioning
the one that destroys pleasures of life."
Just Before Death
The sick or dying person should hope and
expect good on behalf of Allah (~). Regardless of
how sick he may get, he should never wish for death.
It is permissible for him to say, "0 Allah, allow me to
live as long as living is better for me, and cause me
to die whenever death is better for me." He should
assume that Allah (~) would pardon him for the sins
that he has committed. Allah's Forgiveness and
Mercy are boundless, encompassing everything. The
Messenger of Allah (~) said: "Let none of you die
except whfle assuming good on behalf of Allah."
(Muslim)
1
It is also necessary to ensure that the dying
person has left a wHL so that his property would be
properly distributed.
For the one who visits the dying person, it is
necessary to remind and help him to say the
Shahadaa (i.e. there is no deity worthy of worship
except ALLah and Mohammad is the last messenger).
ALLah's Messenger said :i, "Let those of you who are
dying repeat after you, 'There is no God but Allah. ",
(Reported by Muslim and Al-Arba'a). If the dying
person is an unbeliever then one should invite him to
Islam 'in hopes that he will accept it before he dies.
Signs of a Good End for the Believer
The Prophet (:I) gave news of glad tidings for the
dying person. This good news comes in the form
of signs that the believer will have a good end.
The following are the signs that the have been
related in authentic accounts.
2
• The saying of the shahadah as the deceased's
last words.
• Having sweat upon the brows and forehead.
• Dying during the night or day of Jumu'ah.
• Dying on the battlefield.
• Dying from an illness in the stomach.
• Dying by drowning.
• Dying due to illness from a plague.
• Dying due to be'ing crushed 'in a building or
something similar to that.
• Dying as a result of childb'irth or pregnancy.
• Dying in defense of Deen, self or property.
• Dying while standing guard for Jihad.
• Dying as a result of fire.
• Dying while involved in good deeds.
3
Things to Do For the Deceased
When the Muslim dies, it is necessary for the one
who is present with him to do the following:
1. Shut his eyes: The Prophet of Allah (rI) shut
the eyes of Abu Salamah (~) and said,
"Indeed, when the soul is taken, the sight will
follow it thereafter." (Muslim).
Figure #1 2. Cover him with a cloth that will conceal aU
of his body: Aisha (I~) stated that the
Prophet (~) was covered with a cloth when he
passed away. (see figure #1)
4
3. Announce the death: The Prophet (1i)
announced the death of Zayd, Ja'far and
Abdullah bin Rawahah when they were
martyred. However, the proclamation in a
loud voice, in the streets, or at the gates of
Masajid is prohibited.
4. Hasten to prepare the dead person (i.e.
prepare what is necessary for his funeral),
then to make salah and bury him: The
Prophet (1i) said, "Hasten to do the Janazah
(i.e. the necessities of the funeral from
washing the body of the dead person and
preparing the Kafan etc.)"
5. Bury the deceased in the town where he
died: On the day of Uhud, the Prophet (:i)
ordered the martyrs to be buried in the same
place where they had been killed. In other
words, they should not be transported except
to one of the three sacred places: Makkah, Al
Madinah or Jerusalem.
5
6. To make supplication for him, and to say
only what is good (i.e. pleasing to Allah (fi):
Such as: "0 Allah, Forgive him. 0 Allah
shower Your Mercy on him." The Prophet (~)
said: "Do not invoke except good, since the
angels say Aameen to what you say." (Muslim)
7. To have patience: AHstirja, SuppLication and
Patience. It is necessary for the family of the
deceased to be patient. The Prophet (~)
said: "Patience is only at the initial shock."
(Bukhari)
"rhey should increase in supplication and
recite the phrase of Al-Istirja, "Inna LiUahi
wa inna ilaihi raajioon," which means, "We
belong to Allah and to Him we will return."
The Prophet (11) said: "There is no servant
who suffers an affliction and says: 'We are
Allah's and to Him we will return. 0 Allah!
Reward me with good in my adversity, and
compensate me with better than it', except
that Allah rewards him abundantly, and
compensates him with what is better." Muslim
6
8. Weeping is allowed and wailing is
prohibited: Regarding wailing, the Messenger
of Allah (:I) said: "I am innocent of those who
wail, shave, or tear their clothes (in
mourning)." (Bukhari) As for weeping, there
is no harm 'in it. When the Messenger of
Allah's son Ibrahim died, he said: "Indeed, the
eyes shed tears, the heart grieves, but we say
nothing but what pleases our Lord. We are
sad because of your death, 0 Ibrahim."
(Bukhari)
9. Quickly payoff any debts that the deceased
may have. The Messenger of Allah said in this
regard, CIA believer's soul is attached to his
debt till it is paid on his behalf." (Reported by
Ahmad and At-Tirmidhi who graded it Hasan).
10. It is permissible to uncover the face and
kiss the deceased. (This is permissible only
for those whom it is permissible if the person
were alive.)
7
Figure #2
Elevation of the one side of the table is strongly
recommended to help the sliding of the water as you
see in the Figure #2.
8
Washing of the dead person:
• Washing the dead person and preparing him
for burial, making salah on him and burying
him is Fard Kefayah (Le. if someone does
them the others won't be held accountable
for not performing them).
• The one who has the priority to wash the dead
person is the one whom the deceased had
recommended before his death. If no one has
been delegated, then the person who is most
knowledgeable of the procedure of washing
the deceased, according to the sunnah, should
be in charge of washing the body.
• Men are to wash the bodies of men, and
women are to wash the bodies of women.
However, the husband can perform the
washing of his wife according to the saying of
the Prophet (~) to his wife Aisha (~) "What
will affect you if you died before (me) and I
washed you... " Also, the wife can wash her
husband when he dies, because Abu Bakr (~)
instructed his wife to wash him.
9
• Men and women are allowed to wash the dead
person who is less than 7 years old whether
the child is male or female because he/she is
not regarded as mature.
• It is forbidden for a non-Muslim to wash the
Muslim or bury him.
• It is recommended to cover aLL of the
deceased's body especially the private parts
(between the navel and the knees) while
washing him, remove his clothes, and conceal
his body from the sight of others. The body
may be in an unfavorable condition. (see fig.3)
Figure #3
10
• One who performs the washing should put
gloves on in order to clean the dead person's
private parts without touching the privates
with one's bare hands. This applies to all
deceased whether men or women.
Figure #4 It is recommended wearing gloves to avoid touching the
private parts with naked hands, and apron to avoid getting wet and dirty (see figure #4)
• Washing the body of the deceased person
starts by washing his/her private parts.
• It is recommended to wash the front first than
the back side.
• The person washing the deceased must wash
his/her hands thoroughly or change his/her
11
gloves to new one after washing the private
parts.
• Then, he should mention Allah's name and
perform wudu (ablution) unto the dead
person, like the ablution for salah with
exception of the feet. The Prophet of Allah
(~) said to the women who washed his
daughter, Zainab (~): "Start with the right
side, and the parts which are washed in
ablution." (Al Bukhari)
• Water should not be put inside the dead
person's nose or mouth. Instead, one should
wipe the lips and the teeth of the dead person
with a wet cloth.
• Then wash the head, beard and the rest of
the body using water mixed with Sidr. It is
recommended that the deceased be washed
using water mixed with Sidr (lotus leaf - that
can be mixed in the water; see figure Sa )
12
If it is available, otherwise use soap
Figure #5 Sidr (Lotus)
Figure #5a Water mixed with Lotus
13
The right side of the body - front and back; then
the left side - front and back (see figure #6)
should then be washed, as reported in the
previously mentioned hadith about Zainab (may
Allah be pleased with her).
Figure #6
• Repeat this process a second and a third time,
according to the saying of the Prophet of
Allah (~) in the previous Hadith, which says,
"wash her thrice."
• The body can be washed more than three or
seven times if necessary.
14
• Lastly wash the feet
• It is recommended to apply kaafur (camphor)
to the body during the last cycle of washing (a
well known fragrance that helps repel
insects). The Prophet of Allah (~) said in the
previous hadith, "apply kaafur in the last
washing." (mixture can be 1 cup camphor to 3
gallons water) (see figure #7)
Figure #7
15
• It lS recommended to wash the dead person
with lukewarm water, unless the person
washing the body needs warm water to better
clean the dirt from the body. Soap can also
be used to remove dirt, but excessive rubbing
should be avoided to prevent any injury to the
skin or hurting the deceased.
Figure #8 lukewarm water
• It is recommended to wash and comb the
deceased's hair. If the halr was braided, it
should be unloosened before washing. Then
the woman's hair can be braided into three
plats, and let it fall behind her back.
16
• It is recommended to dry the body of the
dead person after washing.
Figure #9
• If anything is excreted from the body (urine,
stool or blood etc.) after seven times of
washing, the private parts should be filled
with cotton to stop further excretions. The
place from where the impure excretions came
should then be washed. After that, wudu
should be performed upon the body.
However, if any filth comes out from the body
after wrapping, another washing is not
necessary because of the undue hardship
involved in the process.
17
• The fetus that reached 4 months or oLder that
came out due to miscarriage shouLd be
washed as well. The funeraL salah should be
performed. He should also be named. The
Prophet of Allah (~) said, "Verily, one of you
is created in the his mother's womb 40 days
as a sperm, then he becomes a clot for
another forty days then a piece of flesh the
next forty days. Then, the angel will be sent
to blow the soul." This applies to a fetus 4
months or older. A fetus younger than 4
months is most likely a piece of flesh that can
be buried in any place without washing or
performing salah.
• If wash'ing is not possible due to the lack of
water, disintegration of the deceased, or if
the body is burned, then a dry ablution
(Tayamum) should be performed. The person
performing the Tayamum unto the dead body
should touch the dirt (clean ground) with his
hands and wipes the dead person's face and
hands.
18
• The shaheed (martyr) who dies in battle
should not be washed nor should his clothes
be removed.
• It is necessary that the one who performs the
washing to conceal whatever he sees that is
indecent or un-presentable from the
deceased. The Prophet of Allah (:;i) said,
"Whosoever washes a Muslim and conceals his
bodily defects,
times. "
Allah will forgive him forty
• It is recommended for the person who has
washed the deceased to perform ghusl
(complete bath) after he has finished.
19
Wrapping or Shrouding of the Deceased (Kafn)
• It is obligatory to shroud the deceased. The
cost of shrouding should be paid from the
wealth of the deceased. The Prophet of Allah
(~) said regarding of the one who died while
in a state of ihram, "Wrap him in his two
clothes." It is worth noting that wrapping the
dead person comes as a priority before the
debt, will and the inheritance.
• A clean white shroud (kafn) is recommended.
The Messenger of Allah (~) said: "Wear white
clothes, since they are the best of your
clothes, and shroud your dead with them."
(At-Tirmithi)
• Silk shrouds are prohibited for men; although
they are permissible for women, they are
disliked. Abu Bakr (~) said: "The living one is
more worthy of new than the dead. The
shroud is for the pus and matter that comes
out of the deceased." (Bukhari)
20
• The martyr is not shrouded. He is buried in
his clothes.
• It is recommended to wrap the dead man or
woman in 3 sheets. There is no authentic
proof to show that woman is shrouded
differently from men. The Prophet was
wrapped in 3 white sheets. The sheets should
be scented with Bokhur (see figure 9a) (i.e
incense - fragrance that is diffused with fire).
Figure 9a
• The sheets should be laid one over the other,
and the Hanout (a type of fragrance specific
for this purpose) should be put between the
sheets (see figure #10).
21
Figure #10
On a clean dry table layout three cloth ties each one long enough to go around the body at least once (see figure #11 ).
Figure #11
• Spread the three sheets one over the other flat on top of the ties.
• The deceased should be carefully laid on his
back on the sheets. Making sure that a towel
is covering his/her private parts (see figure
#12).
22
• Pull the Left side of the upper sheet over the
body, then the right side over the body.
• Now you can remove the towel which is
covering the private parts.
• Do with the second and third sheet what you
did with the first sheet to assure that you
have covered the whole body from head to
toe.
Figure #12
• Now tie the body gently at Least at three
places, below the feet, above the head and
around the waist (see figure #13 and 14).
23
Figure #13
Figure #14 Figure #14
24
You may increase or decrease the number of
ties, the main thing to insure is that the body
is not exposed while is being transported and
carried.
• Incase family members wish to see the face of
the deceased is no harm (see figure 15).
Figure #15
25
The Funeral Salah:
The Funeral Salah is Fard Kefayah (i.e. if some do
it, then the others won't be held accountable)
for every Muslim who is above the age of
maturity and is not a martyr. Even if the person
is a sinner, or has been killed because Islamic
punishment was required, or has unpaid debt, it
is an obligation upon the Musl'im community to
perform the funeral salah for this person.
• The Imam should stand behind the head of a
male and towards the midsection of the
woman.
• It is recommended to form 3 l'ines or more
behind the imam.
• The Imam makes 4 Takbiraat (4 times Allahu
Akbar): With the first Takbirah, it is Sunnah to
raise the hands upon saying "Allahu Akbar".
26
Then recite the Fatihah (Opening of the book)
after seeking refuge with AlLah from the
cursed devil.
"A 'udhu billahi min ash-shaytanir-rajim."
1. Bismillaahir Rahmaanir Raheem 2. Al-hamdu-lil-lahi rab-bil 'aalameen 3. Ar rahmaanir Raheem. 4. Maaliki yawmid deen 5. Iy yaaka na'abudu wa iy-yaaka nasta- 'aeen 6. Ih-di-nas siraatal mustaqeem 7. Siraatalladheena an 'aamta 'aalayhim ghayril maghduubi 'aalayhim wa lad daalleen
27
• After the second Takbirah, send salah and
salaam on the prophet (~) as it is done in the
tashahud in the regular salah. Say:
"Allaahumma salli 'alaa Muhammadadin
wa'allaa aali Muhammadin, kamaa sallaita
'alaa Ibraaheema wa 'alaa aali Ibraheema,
innaka Hameedum Majeed. Allaahurnma
baarik 'alaa Muhammadin wa 'alaa aali
Muhammadin, kamaa baarakta 'alaa
Ibraaheema wa 'alaa aali Ibraaheema,
innaka Hameedum Majeed." "0 Allah send
Your salah and salam on Muhammad, and his
offspring as You send Your salah on Ibrahim
and his offspring; verily, You are Hamid and
Glory be to You. 0 Allah send Your blessings
on Muhammad and his offspring, as you sent
Your blessings on Ibrahim and his off spring;
verily, You are Hamid and Glory be to You."
(If one only says, "0 Allah send your salah on
Muhammad." and stops, it will be sufficient).
28
• After the third takbirah, it is Sunnah to invoke
Allah for the deceased one with whatever
dua, supplications an individual knows, such
as: "Allahuma-magfir lahu warhamhu,
wa'aafihi, wa'fu 'anhu, wa akrim nuzulahu,
wa wassi' mud-khalahu, waghsilhu bil-maa'i
wath-thalji wal-baradi, wa naqqihi minai
khataayaa kamaa naqqait ath-thawbal
abyada minad-danasi, wa abdilhu daaran
khairan min daarihi, wa ahlan khairan min
ahlihi, wa zawjan khairan min zawjihi, wa
adkhilhul-jannata, wa a'ith-hu min 'athaabil
qabri (wa'athaabin-naar)". Oh ALLah, forgive
him and have mercy on him and give him
strength and pardon him. Be generous to him
and cause his entrance to be wide and wash
him with water and snow and hail. Cleanse
him of his transgressions as white cloth is
cleansed of stains. Give him an abode better
29
than his home and a family better than his
family and a wife better than his wife. Take
him into Paradise and protect him from the
punishment of the grave (and from the
punishment of Hell-fire).
UA ~.J ' ~ ~I.J A.!u:'.J ' ~jI.J ~ fol ~I iJIJ ~.l:\.J ,~~I UA ~'il ~~I ~ L..S l:~1
UA i".,p. ~.Jj.J ,~I UA l".,p. ~1.J ,"jlJ UA i".,p.
~I~ UA.J ~I ~I~ UA ,,~I.J ,~I JJa.J\.J '~.Jj
).i.H
• It should be known, in this takbirah, that as
far as the fetus whose age is four months and
older, the Imam invokes Allah to forgive his
parents and bless them according to the
hadith of the Prophet of Allah (?i) who said,
"The salah should be performed on the fetus
and invoking Allah to forgive and bless his
parents. "
• After the fourth takb'irah, the Imam keeps
silent for a moment, and then he makes one
30
taslimah on his right, following the prophet
(:i); and it is permissible to make another
taslimah on the left side.
• The Muslims are to make the funeral salah on
the one who killed himself, and those who
died committing major sins. It is not
recommended that the leader and the scholar
of the location where these people died
perform the salah on them as an
admonishment for others.
• It is permissible to hold the funeral salah in
the masjid following the actions of prophet
(~). It is also the Sunnah that a special place
other than the masjid be designated for the
funeral salah (same as an Eid Prayer).
• If someone died in a country where no one has
offered the funeral prayer for him, it is
permissible for some Muslims in another
country to offer the prayer for him.
This is called Salatul Ghaaib (prayer for the
absent person).
31
• Excellence of a large number of people
participating in the funeral prayer: The
Messenger of Allah (~) said: "If a Muslim dies
and forty people, who do not associate
anything with Allah in worship, participate in
the funeral prayer over him, Allah will accept
their 'intercession for him." (Muslim)
32
Carrying the Janazah and the Burial
• Hastening the burial: The Prophet (:Ji) said:
"Hasten (the burial), if he is righteous, you
are hastening him to good. If not, then it is
evil you are removing from your necks."
(Bukhari)
• It is recommended for the carriers to place
the deceased upon their shoulders from the
four sides of the stretcher he's been lain
upon.
• It is the Sunnah to hurry a little when carrying
the dead person according to the saying of the
Prophet (:Ji) who said, "Hasten with the
Janazah."
Following the Funeral Procession
• The Prophet (~) said: "Visit the sick, and
follow the funeral procession; this reminds
you of the Hereafter." (Muslim)
33
• The Prophet (:i) aLso said: "Whoever follows
the funeraL procession of a MusLim out of
faith and hoping for reward (from ALLah),
then he stays until the funeral prayer and the
buriaL is completed, will return with two
Qirats, each of them is as huge as the mount
of Uhud. And whoever attends it until the
funeraL prayer is compLeted will have a
reward equaL to one Qirat." (Bukhari)
• It is disLiked for women to go out to foLLow
the funeraL, as Umm Atiyyah (~) said: "We
were prohibited from following the funeraL,
but without being strict on us." (MusLim)
• It is disliked to raise the voice with
remembrance of Allah or recitation while
attending the funeral procession. The
Companions of the Messenger (~) disliked
raising the voice for three things: 1) The
funeral, 2) The remembrance of Allah (~)
and 3) while fighting. (Ibn Al-Mundhir from
Qays b'in Ubadah.)
34
The Burial
• It is obligatory to bury the dead, even if he is
an unbeliever.
• A Muslim must not be buried within the same
grave of a non-Muslim.
• It is disliked (Makrooh) to bury the dead on
three occasions because the Prophet (~)
forbade the burial of the deceased at these
times. Narrated Uqbah ibn Aamr (~), "Three
hours that the prophet of Allah used to forbid
us from performing the salah or burying the
dead persons are: when the sun rises from the
east till it becomes high, right before Dhuhr
and when the sun inclines to set."
• It is permissible to bury the dead during the
day or night as convenient, except on the
three occasions mentioned above.
• It is also disliked to sit before laying the body
down ... The Prophet (:I) said: "If you follow
35
i .
the funeral, do not sit till it is placed in the
earth." (Bukhari and Muslim)
• It is a collective duty to compLetely cover the
deceased with dirt... Allah (~) says what
means: "Then he causes him to die and puts
him in his grave." (80:21)
• The men are responsible for Lowering the
deceased into the grave. The person lowering
the body into the grave should not have had
sexual relations with his wife on the night
prior to the funeral.
• It is Sunnah to first ease the deceased into the
grave from the end where his feet are, and
then ease the rest of the body into the grave.
If it is not possible to do this, then the body
can be eased into the grave from the Qibla
side.
• Al-Lahd (the part in the grave that is open in
the direction of the qiblah for the body to be
placed in) is better than a trail because the
prophet (~) said, "Al-Lahd for us and the trail
36
i ;
to others." It is not recommended to dig the
Lahd in the middle of the grave.
Figure# 16
• It is Sunnah to make the grave deeper in order
to protect the body from wild animals, and to
keep the odor from diffusing.
• The one who eases the dead person into the
grave should say, (Bismillah wa alaa millati
raslJli llaah), "In the name of Allah, and
according to the Sunnah or Millah of the
Prophet (;i)," because the Prophet did that.
37
, i
• It is Sunnah to put the dead person in the
grave on his right side facing the Qibla
according to the saying of the Prophet (~)
"The Qibla is your d'irection whether living or
dead. "
• After placing the body in the grave (see
figure# 17) and closing of the Lahd (see
figure#1B), it is Sunnah that every Muslim
present on site should throw three handfuls of
dirt into the grave, as the Prophet (~) did.
Figure #17
38
Figure #18
Figure #18
39
• It is Sunnah to elevate the grave a hand span
in order to know that it is a grave as to
prevent people from stepping on it. A rock
can be put on top of grave in the direction of
the deceased's head to indicate that a grave
is in that location. The Messenger of Allah did
this with the grave of Uthman Ibn Madhoun
Figure #19
40
, I , i
I It is forbidden to build on the grave with
bricks or other materials, to write on it, sit on
it, walk on it, or to lean on it, because the
Messenger of Allah forbade such things. "Do
not sit on the graves, and do not perform
Salah at them." (Muslim) "It is better for
anyone of you to sit on a brand that burns his
clothing through to his skin, than to sit on a
grave." (Muslim)
• Upon completion of the burial, we should
seek Allah's forgiveness for the deceased
person, following the Sunnah of the Prophet
(~), who said, "Ask forgiveness for your
brother, and then ask that he may be
strengthened for he is being questioned now."
(Abu Da'ud reported it and Al-Hakim graded it
Sahih (sound)).
• It is disliked (Makrooh) that family or friends
of the deceased person prepare food for
others. According to the saying of the
companions, "We used to regard preparing of
food and gathering (among the people of the
41
deceased)
way). "
as Neyahah (crying 'in a vulgar
• It is Sunnah to visit the graves and invoke
Allah for the dead (Muslim). It is also a
reminder of death for the one who visits the
grave, as the Messenger of Allah said, "I did
forbid you from visiting the graves (earlier),
visit (now) because it reminds you of the
hereafter. "
• Women are prohibited to frequently visit the
graves. The Messenger of Allah (1Yj) said:
"Allah's curse be upon the women that
(frequently) visit the graves and illuminate
them." (At-Tirmidhi and Al-Hakim)
• It is permissible for women to visit the graves
infrequently. This is based on the saying of
Aishah (~) when she was asked about it:
"Yes, the Messenger of Allah (1Yj) had
prohibited visiting of the graves, later, he
permitted it." (Al-Hakim, Al-Baihaqi)
42
• The one who visits the cemetery should say as
ordered by the Prophet, (As-salaamu alaikum
ahlad-diyaari, minal-mu'mineena wal-
Muslimeena, wa innaa inshaa' Allaahu bikum
laahiqoona, (wa yarhamul-Iaahul-musta
qadimeena minnaa wal-musta' -khireena)
as'alul-Iaaha lanaa wa lakumul-'aafiyah);
"Peace be upon you, 0' people of this abode,
from among the believers, and those who are
Muslims, and verily inshallah, we shall be
joining you, (May Allah have mercy on the
first of us and the last of us) I ask Allah to
grant us and you strength.
• The Muslim should be warned against honoring
graves or seeking blessings or wiping hands on
them, since all these are elements of
associating partners with Allah (~).
43
• It is prohibited to exhume the grave and
relocate the remains, except due to dire
necessity.
Things That Benefit the Deceased
The Prophet (~) left us the information about
those things that will bring benefit to us after we
die. They are;
• The supplication of the Muslims.
• The righteous acts of a pious son or daughter.
• Written beneficial knowledge or continuous
charity (i.e. building a water fountain to
provide drink for aU people).
44
Comforting the Relatives of the Deceased
• It is Sunnah to comfort the relatives of the
deceased with say'ing, "To Allah what He
takes, and to Him what He gives, and
everything is with Him according to an
appointed time; therefore, be patient and
anticipate your reward from Allah alone."
It has been confirmed that the Prophet (:i)
said this. The comforting person can also
say, "May Allah exalt your reward" or "May
Allah make your comfort better," and this
would not be objectionable.
It is permissible to cry on the deceased without
instigating such a thing. The Messenger of Allah did
that when his son, Ibrahim, died. However, crying
should not be vulgar or dispLeasing to ALLah.
• It is permissible to mourn for the deceased,
either by leaving one's trade or staying at
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home. However, the period of mourning is
limited to a maximum of three days. In the
case of a woman mourning her husband, the
mourning period is extended to four months
and ten days. If she is pregnant, her
mourning period is until she delivers.
• It is prohibited to wail and cry for the
deceased in a vulgar way. This includes
mentioning the various good qualities of the
deceased one. Crying in a vulgar way shows
discontent with Allah's decree.
• It is forbidden to tear one's clothing, slap the
face, pull one's hair, etc. The Prophet of
Allah (~) said, "He is not among us who hit
cheeks, tore faces and bosoms, and called
with the calling of Jahiliyah (utmost
ignorance). "
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Innovations Concerning the Funeral
• It is forbidden to talk about the deceased's
short-comings or any defects. The Messenger
of Allah said, "Do not revile the dead, for
they have reached what they have sent before
them." (Al-Bukhari).
• Reciting Surah Yasiin on the dead or after the
burial.
• Gathering to recite the Quran.
• Reciting Al-Fatihah (the opening of the book)
and dedicating the reward to the dead.
• Praying Salatul Ghaib although it is known
that the funeral salah was prayed for the
deceased in his country or location.
• Putting the dead in a casket.
• Elevating the grave above a hand span.
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• Writing the name and the date of birth of the
dead on the grave or designating a special
sign for this purpose.
• Bringing or placing flowers on or beside the
grave.
• Standing in line at the gravesite to receive
condolences.
• Relatives not eating until the deceased have
been buried.
• Having a formal remembrance for the
deceased on the fortieth day or after each
year of his death.
• Building a Masjid over a grave. The Messenger
of Allah (~) said, "Allah's curse be upon the
women that (frequently) visit the graves and
illuminate them." (At-Tirmidhi and Al-Hakim).
"Allah's curse be upon the Jews, they took the
graves of their Prophets as Masjids." (Bukhari
and Muslim)
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• Making it a practice to visit the gravesite on
the Day of 'Eid or Mondays and Thursdays.
• Seeking help from the dead or asking the dead
person to make du'aa to Allah in one's behalf.
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Other etiquettes to be observed during the burial
and while in the graveyard:
• During the burial and while at the graveyard,
refrain from vain talk. Utilize this occasion
for reflection and remembrance of Allah (~).
• Accompany the janazah and participate in the
buriaL only for the sake of Allah (~), seeking
His pLeasure. This shouLd never be done just
because you knew the deceased or to please
the family of the deceased.
• Women visiting the graveyard should be
dressed 1n the proper Islamic manner, without
displaying themseLves and without makeup
and perfume.
• As in aLL situations, men and women shouLd
avoid mixing while at the graveyard.
• Do not smoke in the graveyard.
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Al-Wassiyah The last Will and Testament
2: 180 It is prescribed for you, when one of you
approacheth death, if he leave wealth, that he bequeath
unto parents and near relatives in kindness. (This is) a
duty for all those who ward off (evil).
Narrated Abdullah bin Umar ~: Allah's Apostle said "It is not
permissible for any Muslim who has something to will to stay for
two nights without having his last will and testament written and
kept ready with him."
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LAST WILL AND TESTAMENT
OF _________________________
55# ____
ARTICLE I: PREAIVlBLE
All praise is for Allah the creator of the heavens. I praise Him, I seek His help and His forgiveness. I believe in Him and put my trust entirely in Him. I seek refuge with Allah from the evils of myself and my deeds. Whom Allah guides no one can mislead, and whom Allah misleads no one can guide. I testify that there is no god except Allah, He is one and has no partners, and I further testify that IVluhammad (peace and blessing of Allah be upon him) is Allah's servant and messenger.
I _____________________- Muslim, presently resident of
being of sound mind and memory declare that the following is my will (waseeat). I do hereby revoke any and all former wills and codicils that I have previously made.
I ask all my relatives, friends, and others, whether they be Muslims or non-Muslims, to honor my right to be a Muslim. I ask them to honor the spirit and letter of this document and not to try to obstruct or change it in any way. Let them see to it that I am buried as a Muslim should be, and my properties are divided as I wanted them to be divided
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according to the Sunni (Orthodox) Muslim laws of inheritance. I ordain that under no circumstances should the contents of this will be changed voluntarily.
ARTICLE II: MY IMMEDIATE FAMILY
I am married to
__________________________________ and
all references in this will to my husband/wife are to
him/her.
2. I am the father/mother of the following children
whose names and dates of birth are:
1. _____________________________________
2. _____________________________________
3. _____________________________________
4. _____________________________________
5. _____________________________________
6. _____________________________________
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ARTICLE III: EXECUTOR AND BENEFICIARY
I hereby give all my estate: cash, bank accounts, real property, shares in any business, and any other property not mentioned in this will, to the person named below, who shall act also as an executor to serve without bond, to distribute it according to Sunni (Orthodox) Muslim Shariah.
My husband/wife
_____________________________________or,
if he/she fails to survive me by 45 days,
_________________________________or,
if he/she fails to survive me by 45 days,
if he/she fails to survive me by 45 days,
____________________________or,
if he/she fails to survive me by 45 days, the Imam of the local Sunni (Orthodox) Muslim community.
2. I ordain that the executor of this will be a Muslim.
I direct that the executor take all actions legally permissible to have the probate of my estate done as simply and as expeditiously as possible.
I give my executor named above power to sell any property, real, personal or mixed/ in which I have
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interest, without a court order and without bond.
5. I give my executor power to settle any claim for or against my estate.
ARTICLE IV: BURIAL ARRANGEMENTS
I ordain that:
1. My body be prepared for burial in keeping with the Sunni (Orthodox) Muslim Law (Shariah).
2. Under no circumstances my body be voluntarily turned over for an autopsy or embalming or for organ donation.
My body be prepared for burial by Sunni (Orthodox) Muslims according to the dictate of Shariah (Sunni Islamic Law). Once the body is prepared for burial there is to be no viewing of my remains.
4. Absolutely no non-Islamic religious service or observance shall be conducted upon my death, or on my body or at the grave site. No pictures, crescents and stars, decorations, crosses, flags, flowers, plants, any symbols or music be involved at any stage of my burial.
5. My body may not be transported over any unreasonable distance from the locality of death unless necessitated by the circumstances or consensus of my Muslim family members.
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6. My grave be dug in complete accordance with the Islamic practice. It should face in the direction of the Qiblah (towards the Ka'aba at Makkah, Saudi Arabia).
7. My body be buried without casket or any other encasement that separates the shroud from the surrounding soil.
8. My grave be covered with dirt only. The marking, if necessary, should be a simple rock. There should be no inscriptions or symbols.
My burial should take place as soon as possible, preferably before sunset on the day of my death or the following day. Under no circumstances should the burial be unduly delayed. In the event that the local laws require casket encasement, I command that slJch encasement be of the simplest, most modest, and least expensive type possible, and I furthermore command that the encasement be left open during burial and filled with dirt unless prohibited by law.
11. No one is permitted to cry out, moan or wail. I demand that such a person leave the burial site.
Only what comes from the eye is acceptable (tears). Muslims should say a duaa for me and that there be a moment of silence when they pray that my grave is made spacious and comfortable. No recitation of the Quran is permitted over my grave.
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ARTICLE V: CUSTODY OF MINOR CHILDREN AND GUARDIAN
If at my death any of my children are minors, I recommend that my husband/wife
_____________________________________ be
appointed guardian of the person(s) of my minor children, provided he/she is a Muslim. If he/she is unable or unwilling to serve as personal guardian, I recommend that
be appointed guardian of the person(s) of my minor children. If he/she is unable or unwilling to serve as personal guardian, I recommend that
be appointed guardian of the person(s) of my minor children. In all cases I urge that all my minor children be raised to be practicing Muslims and not in any way be indoctrinated into any other faith or religion. I direct that no bond be required of any personal guardian.
Any property or other inheritance that this will gives to any of my minor children shall be administered by their personal guardian in the best interest of the children.
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ARTICLE VI: DEBTS AND EXPENSES
I direct my executor:
1. To return to the rightful owners all trust and properties that are in my care at the time of my death.
2. To first apply the assets of my estate to the payment of all my legal debts, including such expenses incurred by my last illness and burial as well as the expenses of the administration of my estate.
3. To pay any outstanding "obligations due to Allah" (huquq Allah) which are binding on me including unpaid zakat, kaffaraat of unperformed pilgrimage (Hqjj), etc.
ARTICLE VII: BEQUESTS
I direct my executor to:
1. Pay the following amount from the remainder of my estate after paying all the expenses mentioned above, to the person/s or organization/s named below. The total must not exceed 33 percent (one third) of the remainder of my estate.
1. ________________________________
....................% of the total remainder
2. ________________________________
...................% of the total remainder
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3. _______________________________
...................% of the total remainder
4. _______________________________
...................% of the total remainder
5. _______________________________
...................% of the total remainder
TOTAL BEQUESTS (must not be more than 33%)
...................% of the total remainder
ARTICLE VIII: DISTRIBUTION OF THE REMAINDER OF MY ESTATE
I direct my executor to:
1. Distribute the residue and remainder of my estate strictly in accordance with the tenets of Sunni (Orthodox) Muslim law of inheritance.
2. Ensure that no part of the remainder of my estate shall be inherited by any non-Muslim, no matter how he/she is related to me.
3. Ensure that should I die as a result of murder, no part of the remainder of my estate shall be inherited by my adjured murderer responsible for direct unlawful killing (actionable homicide), no matter how he/she is related to me.
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4. Ensure that no part of the remainder of my estate shall be inherited by a person whose claimed relationship to me, ascending or descending, is the result of a non-Islamic or unlawful marriage, or through adoption, except if this relationship to me is through his/her mother who is biologically (through blood) related to me or if he/she is specifically mentioned in bequests above.
5. Regard a fetus, conceived before my death, whose relationship to me qualifies it to be an heir according to this article if it is born alive within the limit of time specified by Shariah. If such a fetus exists at the time of my death, the executor may delay the distribution of the residue and remainder of my estate after the execution of Articles I to VII, until after the birth of the fetus. If he/she chooses to distribute the estate prior to the birth of the fetus then he must withhold a portion of the estate equal to the share of the fetus for distribution until after the birth of the fetus.
6. That in case of any difficulty in distributing my estate according to this will, the matter should be referred to a Muslim knowledgeable in Islamic Inheritance Law for advice and guidance.
7. That all the residue and remainder of my estate after the execution of Articles I to VII and Article VIII sections 1 to 6 above be donated to the following person/s or organization/s for the establishment of Islamic communities and Masajid.
8. Tilat any portion of my estate disclaimed or refused to be received by any of the legatees named or referred to in this document be donated
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to the following person/s or organization/s for the establishment of Islamic communities and Masajid.
ARTICLE IX: SEPARABILITY
I direct that no part of this will be invalidated by a court unless competent in Sunni (Orthodox) Muslim Law. If any part of this will is determined invalid by a court the other parts shall remain valid and enforceable.
I subscribe my name to this will this day
______________________________________ at
and do hereby declare that I sign and execute this instrument as my last will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence.
Name Signature Date
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WITNESSES
On this ______ day of
declared to us, the undersigned, that this instrument was his/her will and requested us to act as witnesses to it. He/She thereupon signed this will in our presence, all of us being present at the same time. We now, at his/her request, in his/her presence, and in the presence of each other, subscribe our names as witnesses and declare that we understand this to be his/her last will, and that to the best of our knowledge the testator is of the age of majority, or is otherwise legally empowered to make a will, and under no constraint or undue influence.
We declare under penalty or perjury that the foregoing is true and correct.
Witness
1._______________________________________
signature date name and address
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Witness 2.
signature date name and address
NotaryPublic_________________
date My Commission Expires _________
Distribution of Inheritance According to the Book of Allah (AI-Quran)
Allah(~) says Sura An-Nisaa: 7-14
There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.
And when the relatives and the orphans and the poor are present at the time of division, give them out of the property, and speak to them words of kindness and justice.
And let those (executors and guardians) have the
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same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allah and speak right words.
Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!
Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (Sisters) , the mother has a sixth. (The distribution in all cases is ) after the payment of he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.
In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if
64
more than two, they share in a third; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing.
These are the limits (set by) Allah (or ordainments as regards laws of inheritance), and whosoever obeys Allah and His Messenger ( Muhammad r ), will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.
And whosoever disobeys Allah and His Messenger (Muhammad r ), and transgresses His Limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.
SCHEDULE
SURVIVORS AND THEIR SHARE
(liAS ABOVE" MEANS ALL THE CONDITIONS THAT PRECEDE IN THIS SCHEDULE)
1. No survivors or any of the conditions mentioned below: after meeting all the conditions described in articles I to IX and in this schedule all remainder should be given to
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2. One or more sons, and 1/4 (25%); rest as above. If no other survivors he gets 1/2 (50%) rest as above.
5. Father: He gets 1/6 (16.67%); rest as above. If no other survivors he gets all. If only father and mother survive mother gets 1/3 and father the rest. If only father and one daughter survive: Father gets 1/2 (50%) and the daughter gets 1/2 (50%). If only father and more than one daughter survive: Father gets 1/3 (33.33%) and the daughters divide equally the rest 2/3 (66.67%).
6. Mother: She gets 1/6 (16.67%); rest as above. If no other survivors she gets all. If father and mother survive mother gets 1/3 and father the rest. If only mother and one daughter survive: Mother gets 1/4 (25%) and the daughter gets 3/4 (75%). If only mother and more than one daughter survive: Mother gets 1/5 (20%) and the daughters divide equally the rest 4/5 (80%).
(Any combination of 2 to 6: Spouse and parent get their share before offspring.)
7. Father, mother and one daughter; no other: Father gets 1/3, mother 1/6 and daughter 1/2. If more than one daughter: Father and mother get 1/6 each and 2/3 equally divided among the daughters.
8. Father, wife and one daughter, no other: 1/3 to father, 1/8 to wife and 1/2 to daughter. If more than one daughter: 2/3 equally divided among them, 1/8 to wife and 5/24 to father.
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9. Mother, wife and one daughter, no other: 1/8 to wife, 7/32 to mother and 21/32 to daughter. If more than one daughter: 1/8 to wife, 7/40 to mother and 7/10 equally divided among the daughters.
10. Father, mother, wife and one daughter: 1/8 to wife, 1/6 to mother, 5/24 to father, and 1/2 to daughter. If more than one daughter: 3/27 to wife, 4/27 to mother, 4/27 to father and 16/27 equally divided among the daughters.
11. Husband, father and one daughter: 1/4 to husband, 1/4 to father and 1/4 to daughter. If more than one daughter: 3/13 to husband, 2/13 to father, and 8/13 to daughters equally.
12. Husband, mother and one daughter: 1/4 husband, 7/36 to mother, 5/9 to daughter. If more than one daughter: 3/13 to husband, 2/13 to mother and 8/13 to daughters equally.
13. Husband, parents and one daughter: 3/13 to husband, 2/13 to mother, 2/13 to father and 6/13 to daughter. If more than one daughter: 3/15 to husband, 2/15 to mother, 2/15 to father and 8/15 to daughters equally.
14. For any other combination of survivors the following principles would be followed and their share determined in consultation with a knowledgeable Muslim.
For explanation of technical terms an authentic book on Islamic Law of Inheritance may be consulted. One such book is "Islamic Law of
67
Inheritance" by Muhammad Mustafa Khan, published by Kitab Bhavan, New Delhi, India.
THE GOLDEN PRINCIPLES OF ISLAMIC LAW OF INHERITANCE
Position of Spouses
(1). The husband is entitled to 1/2 (maximum) or 1/4 (minimum) share from the property of his deceased wife or wives.
(2). The wife or wives are entitled to 1/4 (maximum) or 1/8 (minimum) share from the property of their deceased husband.
(3). The spouse (husband or widow/s as the case may be) get the maximum share i.e. Husband 1/2 and the widow 1/4 if the deceased spouse does not leave behind his or her (i) child and (ii) any agnatic descendant (the child of any agnatic male descendant however so low).
(4). If the above two conditions are not satisfied the spouse is entitled only to the minimum share (1/4 in case of husband and 1/8 in case of widow/s). (5). Widow/s who were divorced by the deceased husband are entitled to their right of inheritance provided the divorce was 'Rajai' (revocable) or it was 'Bain' (irrevocable) but the husband died during the iddat period of the widow.
(6). Spouses are primary heirs so they are never excluded. Neither they exclude blood relations nor they are excluded by any blood relation.
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Position of Pa rents
(1). Both mother and father are primary heirs so they are never excluded. If alive they are always entitled to a share: mother 1/3 (maximum) or 1/6 (minimum); father 1/6 (minimum) or the entire amount if no other heirs are present. Mother excludes all types of grandmothers maternal as well as paternal. Paternal grandmothers are also excluded by father.
Position of Grandparents
(1). Paternal grandparents and great grandparents substitute parents if they are predeceased. The nearer one excludes the distant. However grandfather is not entitled to the special treatment; when mother and spouse are alive they take their maximum share. Grandfather does not exclude paternal grandmother. The grandmother/s, unlike mother, gets only 1/6. She never gets 1/3.
Position of Children and Descendants
(1). Sons and daughters are primary heirs. They always inherit. (2). A son's daughter/s become heirs like a daughter if he, the son, is predeceased. If there is one daughter, then son's daughter/s get 1/6; if there are more than one daughter then son's daughter/s are excluded. In the presence of her male counterpart (e.g. son's son) a son's daughter becomes a residuary and shares the residue according to the principle "double share to male". Daughter' or son's daughter's position is not
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Name:
PhoneNo: _____________________~_________
Address:___________________
to make any and all health care decisions for me which 1/ myself/ could make in person while competent and possessed of health care decisionmaking capacity; if the person named above predeceases me or is such person is otherwise unable to act/ I hereby appoint the following person as my alternate agent;
Name: ____________
Phone No:
Address:
This health care proxy shall take effect if and when I become unable to make my own health care decisions. In respect of each decision made for me by my agent/ it is my wish and direction that my agent be guided solely by my agent's Islamic faith as to what my own decision would have been in the same circumstances. Without limiting the unrestricted scope of my agent's authority hereunder, I expressly authorize my agent to direct that no treatment be conducted or withheld from me if to do so is against the teachings of Islam, to
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