Miscellaneous Death and Burial Masaail

August 31, 2013 By

Question:

1)    Which shahadat/kalima should be given preference while making talqeen in front of a dying person, the first shahadat or the shahadatain should be recited next to him?

2)    From which side, the grave must be closed with the planks of wood in case it is a man and woman, the head side or the leg side of the grave?

3)    In the intention of the janazah salaah, is it necessary for those following imam to say within themselves “I intend making janazah salaah behind this imam”?

4)    We used to walk in between the graves with the shoes; I came across the hadith discouraging to walk with the shoes. Now what should we do?

5)    Can we eat the fruits and take home the flowers found in the graveyard. If not, what should be done with the fruits specially? Should we let it rot on the trees?

6)    What does the Shariah say regarding planting flowers, etc. on the grave, especially after the burial? The flowers most of the time is taken by cutting them from another grave. Sometimes we find big plants on the grave. Should we clean the grave completely neat at all time? I also want to know how the graves in the graveyard should be, no plants etc. on them? Sometimes people put medicine to kill all the plants; is it correct?

7)    During the three makrooh times, is it makrooh to offer janazah salaah too?

8)    Should itr (perfume) be applied to the body of a deceased female too?

Jazakallahu Khairan

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the Name of Allah, the Most Gracious, the Most Merciful.

1)    The talqeen of لا إله إلا الله (Laa ilaaha illallaah) should be done. (Shaami: 3/92, Darul Ma’rifa)

2)    We could not find mention of this in the books of Fiqh. Hence, it will be permissible to place planks of wood starting from either the head side or the feet side. While putting soil, however, it is mustahab to start from the head side. This applies to both men and women.

3)    When offering salat in jama’ah (congregation), one should make intention in his heart of following the imam. This applies to Janazah salat as well as other salats.

4)    There is another hadith which suggests that it is permissible to wear shoes when visiting the graveyard. The scholars have reconciled between the two hadiths by saying that it is not permissible to wear shoes out of vanity and pride etc. and that otherwise it is permissible to do so. (Bazlul Majhood: 4/213)

5)    For us to answer this question, please give us the following information:

  1. Who does the land belong to? Does it belong to any individual? Does it belong to the government? Or is it waqf (endowment)?
  2. Also, were those trees there before the land came to be used as graveyard? Or did they grow afterwards?

6)    – It is mustahab (commendable) to place a green twig on the grave.

–   There is no mention in the hadiths of planting trees and plants on the grave. If this act had any special merit, the Prophet (sallallahu alaihi wa sallam) and the sahabah (radiyallahu anhum) would have done it. Hence, this should be avoided. However, if someone does do it, it will not be deemed to be haram, provided that he does not think it to be compulsory.

–   It is not permissible to place flowers on the grave, as is the custom in some places.

–   It is makrooh to remove plants, trees and grass from the graveyard. However, if they have died and have become dry, then it is permissible to remove them. Similarly, if a tree, for example, is an impediment in the digging of graves, it will be permissible to remove it. (Bahishti Zewar; Fatawa D.U. Zakariya; Kifayatul Mufti; Shaami)

7)    If the janazah arrived (for janaza salat) before the makrooh time, then it will not be permissible to offer janazah salat in the makrooh time. If it is offered in the makrooh time, it will not be valid.

On the other hand, if the janazah arrived (for janazah salat) during the makrooh time, it will be permissible to offer janazah salat in the makrooh time. In fact, it will be preferable to offer janazah salat in the makrooh time in this case. This is so that janazah salat in not delayed unnecessarily. (Shami: 2/42, Darul Ma’rifa)

8)    Yes, just like perfume and camphor are applied to the body of a deceased male, they should be applied to the body of a deceased female. (Bahishti Zewar: 1/281)

And Allah Ta’ala knows best

Mufti Faizal Riza
30/3/2013

Darul Ifta Australia
www.fatwa.org.au

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