Fatawa
by Mufti Husain Ahmad Madani
Question: Who is responsible for the
burial expenses of the deceased?
Answer: The burial expenses of the deceased
are to be covered by the wealth
of the deceased. If the deceased did not
leave behind sufficient wealth to cover
the burial expenses, it is then the collective
responsibility of the heirs in
proportion to their share of inheritance
(e.g. a person who would receive 25% of
the inheritance would be responsible
for 25% of the burial expenses).
Question: Who has the most right to
lead the janaza prayer for the deceased?
Is it the imam of the masjid or the family
members?
Answer: In principle, it is ultimately the
right of the wali (the closest male relative
of the deceased) to decide who will
lead the janaza prayer. It is preferable
for the wali to lead the prayer himself
if he is a knowledgeable and practicing
Muslim. Otherwise, it would be better
for the wali to appoint the local imam
of the deceased to lead the prayer.
Question: Is a janaza prayer required
for an unborn fetus in the case of a miscarriage?
What about shrouding and
bathing the fetus?
Answer: Janaza prayer is only performed
when death occurs after a
live birth. In the case of a still birth or
miscarriage, no janaza prayer is performed.
However, if the miscarriage
occurs after the child’s limbs become
apparent (normally around 8 weeks or
so), the child would be washed, named,
shrouded, and buried.
Question: My father wrote in his will
that he wishes to have my uncle (his
brother) lead the janaza prayer, however
the rest of the family would rather
have the imam of the masjid lead. Is it
necessary to obey the deceased’s will in
this matter?
Answer: In principle, a bequeath is
only applicable to assets under one’s
ownership. Any other stipulation in
one’s bequeath such as who should lead
the janaza prayer or where they should
be buried is invalid and unenforceable.
As such, since the wali (the son in this
scenario) chose to give his right to the
imam, the imam would have the most
right to lead the deceased and the bequeath
would not be enforced. However,
it would be preferable for the wali to
fulfill the bequeath if there is no reason
not to do so.
Question: What is the ruling for Qur’an
khawani? It is common practice in our
community that when a person passes
away, everyone gathers and reads
Qur’an for the deceased. Is this a bid‘a?
Answer: While reciting Qur’an for the
deceased is commendable, it should
be understood that holding a specific
gathering for this purpose was not
done in the time of the Messenger s,
the companions, or in any of the early
generations of Islam. Therefore, such
gatherings are not fard, wajib or Sunna.
However, they would be permissible
provided that no sinful acts are done
along with it. It is also necessary that
no one is coerced to attend the event
against their will and no culturally necessary
acts are carried out that have no
basis in Islam.
Question: Is it permissible to pray janaza
prayer inside the masjid? Sometimes
it is difficult to pray outside due to cold
weather.
Answer: During the time of the Messenger
s, janaza prayer was normally
performed outside the masjid. Thus,
it is better for janaza prayer to be held
outside the masjid whenever possible.
This can be done in another part of the
building outside the masjid boundaries,
an open parking lot, etc. However,
if there are constraints in performing
the janaza prayer in another area, there
would be no issue in having the janaza
prayer within the masjid boundaries.
Question: If a person does not have
wudu and there is no wudu area nearby,
would it be permissible to perform
tayammum for janaza prayer?
Answer: In the aforementioned scenario,
it would be permissible to perform
tayammum if one fears that they would
miss the janaza prayer if they were to
perform wudu.
Question: The imam forgot to recite a
takbeer for the janaza prayer and only
did three takbeer, is the prayer valid?
Answer: In principle, each of the four
takbeer in janaza prayer are an integral
part of the prayer. If any takbeer is
missed, it would be necessary to repeat
the prayer.
Question: Can women go to visit a
graveyard?
Answer: It is permissible for women
to go to visit graveyards provided the
rules of hijab are adhered to. However,
women should avoid going at times
28 November – December 2021 | AL-MADINAH