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#16 [Permalink] Posted on 17th January 2013 22:06

"Abu Taalib Deobandi" wrote:

I dont want to drag this out. BUT it seems certain acts that would NOT be done regularly, has and are being done when a dire need arises Allahu `Alam

Absolutely, three facts:

Fact 1: It is Sunnah to perform Janazah and bury the body as soon as possible
Fact 2: IF the situation arises (unsually) it is permissable to move the body to another location and the Daleel is the burial of Sayyidina Saad Ibn Ai Waqas (RA) who passed away in Al-Aqeeq but his body was transported to Madina Shareef [Bulugh al-Maram min Adillat al-Ahkam authored by Al-Hafidh Ibn Haj'ar Al-Asqalani (RA)]
Fact 3: The body of Shaykh (Maulana) Muhammad Yusuf Kandhlawi (RA) was NOT embalmed and was FLOWN from Lahore to Delhi over a distance of 329 miles which takes a total flying time of 1 hour and 10 minutes from Airport to Airport, not days or weeks.

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#17 [Permalink] Posted on 17th January 2013 22:38

Masha Allah. :) Colonel We should never leave a issue that has such intricate details that can change the Masa'il or leave room for slight deviation from the norm(sunnah) Allahu Akbar

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#18 [Permalink] Posted on 8th December 2016 18:35

What's up with Abu Taalib Deobandi's post, they look like they've been changed. I missed out on it when it took place

Just reading up on old threads and saw this, so BUMP goes the thread.

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#19 [Permalink] Posted on 9th December 2016 17:44

JJ died at Chitral. Body is moved to Islamabad for DNA tests, can take days to identify through DNA test. Post morterm etc. (it was not done at chitral)

Taqwah won't allow this. Fatwah allows.

Why such a hue and cry for flowing body from Islamabad to Karachi

Let me keep Taqwa to myself and my family and allow fatwa to others.

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#20 [Permalink] Posted on 9th December 2016 17:48

In my life I had experienced people so called very strict on usools facing hardships. Words Boomerang!!

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#21 [Permalink] Posted on 9th December 2016 19:41

Making a bequest to take the deceased back to his homeland

Q1. Is it compulsory to bury the dead as soon as possible or can you comply with the deceased WILL to be buried abroad.
Q2. What should be done to the money the deceased left for the arrangement to send the body abroad, if it is not sent abroad?

In the name of Allah, the most Beneficent, the most Merciful.

Answer

There are differences of opinions regarding the distance allowed to take the deceased from one place to another. One view is 48 miles whilst another is one or two miles. Anything above that is Makruh Tahrimi. (Raddul Muhtar p.146 v.3)

It is not permissible for a dying person to make a bequest of transporting his body to another country; therefore, it would not be permissible to carry out such an order.

One should bury the deceased as soon as possible. Saaiduna Abu Hurairah Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam said, "Speed up the funeral; if it is one of a good person, you are only taking that person to a good prospect. If otherwise, then he is no more than an evil you are putting off your shoulders." (Sahih Bukhari)

Saaiduna Abdullah ibn Umar Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam said, "I heard Allah's Messenger say: When anyone of you dies, do not keep his body. Be speedy when taking him to his grave." (Tabraani)

The money which was left should then be distributed amongst the heirs of the deceased.

Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham

daruliftabirmingham.co.uk/making-a-bequest-to-take-the-de...

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#22 [Permalink] Posted on 9th December 2016 19:42

Embalming And Moving A Body After Death

Answered by Shaykh Abdurrahman ibn Yusuf Mangera

My grandmother is very ill and we’re considering options for her burial. She wants to be buried in New York (her plot is there), but she’s currently in another state that’s far away from there. In order to get her back to NY, in the case of her death she has to be embalmed by law. What is the ruling on this situation?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Assalamu alaykum

In the name of Allah the Inspirer of truth

There are a number of problems linked with burying a person so far away. Firstly it is considered extremely disliked (makruh tahrimi) to transfer a deceased person from one area to another for burial unless it is just a mile or two (Radd al-Muhtar 1:602, 5:275) [AR. or further to the closest Muslim graveyard]. This is the opinion related from Imam Muhammad al-Shaybani and highlighted by Ibn Nujaym, Ibn ‘Abidin, Tahtawi, and others. Second, transferring the body causes unnecessary delay in the burial process which has been advised against in the hadiths.

Thereafter, the process of embalming is problematic in Islam for a number of reasons. One is that it requires some incisions to be made on the body of the deceased (which is considered disrespectful) and the removal of the blood from it, replacing it with a formaldehyde based fluid. The embalming fluid is traditionally made from formaldehyde (5 to 29 percent), methanol, ethanol (9 to 56) and other solvents. Hence, the fluid is made up of impure substances which go with the deceased into the grave. Islamic law instructs us to purify the deceased by bathing it, perfuming it, and shrouding it in white, etc.

To conclude, it is severely disliked to transport her over a mile or two and the embalming is unlawful. However, if she is in a condition to travel then there would be no problem with having her transferred to New York while she is alive.

And Allah knows best.

Wassalam

Abdurrahman ibn Yusuf

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#23 [Permalink] Posted on 9th December 2016 19:43

Embalming the dead and not burying the dead within 3 days

Hanafi Fiqh > Qibla.com

Answered by Sidi Salman Younas

What is the fiqh ruling on embalming the dead body so it can be sent to another state or country? Also, from my understanding, Muslims need to bury the dead within three days. What happens if they do not do this? Is it a big sin? Aside from decaying, does the dead body suffer in any other way if it is not buried on time?

Answer:
In the Name of Allah, Most Gracious, Most Merciful
salamu `alaykum

I pray you are well.

There are three issues here:

[1] Transferring the dead body to another state or country,
[2] Embalming it, and
[3] Delaying it’s burial.

As for transferring a dead body to another land is prohibitively disliked (makruh tahriman) as stated by Imam Shurunbulali in his Nur al Idah, Ibn `Abidin in his Hashiya, Tahtawi in his, and others. Imam Tahtawi states, “(tranferring [the dead body] from one land to another) it is prohibitively disliked because transferring a mile or two is out of need and there is no such need in transferring to another land (s: or city).” This is the relied-upon position within the school.

Further, embalming the dead would not be permitted mainly because it involves procedures that the law clearly prohibits or considers disliked, such as the usage of impure substances on the body, incissions, and so forth.

As far as delaying the burial is concerned, it is disliked and contrary to the prophetic stipulations of hastening to bury the dead. Abu Hurayra narrates that the Prophet (Allah bless him and grant him peace) said, “Hasten the burial rites” (Bukhari and Muslim) and elsewhere “Make haste with your dead…” as narrated by Ibn `Umar and others. In the Fath al Qadir it states, “It is recommended to hurry the [funeral] preparations when one dies.” (kitab al salat, bab al janaza; Bahr al Ra’iq; Radd al Muhtar) Delaying the burial and other funeral rites could be sinful if the delay is excessive. However, it has no effect on the dead in terms of suffering or reward.

And Allah Knows Best

Wasalam
Salman
Approved by Faraz Rabbani

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#24 [Permalink] Posted on 10th December 2016 05:44

1. "Not move the body more than 2 miles"

Presently, the distance between Hospital where a person died, to his residence in 10s of Kms.
Residence to Burial ground is 10s of Kms. Sometimes a person dies in accidents 100s of Kms from his place.
2. Burial should not be delayed.
Post mortem, DNA identification etc are time consuming legal procedures.

Old fatawah books on Haj and Etekaaf are rewritten based on present changed situation.

Similarly new fatawah have to be discussed on death of a person. We wake up only when events concerning celebrity happen.

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#25 [Permalink] Posted on 10th December 2016 07:03

Kindly read fatwah on this issue on 568 and 569 of Fatawa Usmani Vol.1

Albatta kisi Khaas waqiah mein koyee shadeed zaroorath daee ho toe baaz doosre fuqha ke qaul per amal kar ke maiyath ko muntaqal karne ki gunjaish maloom hoti hai.

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#26 [Permalink] Posted on 10th December 2016 17:11

مردے کو دفن سے پہلےموت کی جگہ سے اٹھا کر دوسرے شہر لے جانا مکروہ ہے۔ البتہ فقہاء نے اس کو جائز بھی کہا ہے۔ لہٰذا اس عمل بنا لینا درست نہیں کہ فتوٰی کراہت ہی پر پے، البتہ کسی خاص واقعے میں کوئ شدید ضرورت داعی ہو تہ بعض دوسرے فقہاء کے قول پر عمل کر کے میت کو منتقل کرنے کی گنجائش معلوم ہوتی ہے۔

فتاویٰ عثمانی جلد اول صفحہ569

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#27 [Permalink] Posted on 11th December 2016 08:45

مردے کو دفن سے پہلےموت کی جگہ سے اٹھا کر دوسرے شہر لے جانا مکروہ ہے۔ البتہ فقہاء نے اس کو جائز بھی کہا ہے۔ لہٰذا اس عمل بنا لینا درست نہیں کہ فتوٰی کراہت ہی پر پے، البتہ کسی خاص واقعے میں کوئ شدید ضرورت داعی ہو تو بعض دوسرے فقہاء کے قول پر عمل کر کے میت کو منتقل کرنے کی گنجائش معلوم ہوتی ہے۔

اوپر کے پوسٹ میں ایک لفظ غلط لکھدیا تھا۔ اس سے مطلب بدل جاتا ہے

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#28 [Permalink] Posted on 12th December 2016 10:15

Let me narrate from my experience.

One hazrat in his sixties who is a retired elite officer, intended to stay in itekaaf for the whole month of Ramadhan. He was unaware of lot of masail of etekaaf.

On 3rd day he wanted to take bath. Imam of local masjid showed him fatwah books, that he can't do a nafl bath during etekaaf. OMG!!! he can't take bath for 30 days. And if it is wajib gusl, he should do it in a tub inside the masjid, later this water has to be thrown out. (read these masail in etekaaf books). Wajib gusl was not possible at that age. Hazrat got scared, took a decision not sit in etekaaf again. One of the musallee approached a mufti sahib who is aware of prevailing situation. He told that hazrath can take bath if he is feeling uneasy due to sweat, or if stinks. And also he can take bath in the bathroom inside masjid compound. But he should not take bath out of habit, like every day or alternate day.

Saved the day for hazrath. Also he continued with etekaaf of whole ramadhan month every year.

Thats why we are advised to approach muftis who don't give fatwah from books, but based on prevailing situation.

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#29 [Permalink] Posted on 12th December 2016 13:47

Its sign of times when you have laypeople casting doubt on actions of Ulama and spreading their own soo zann to others also, just because they read a couple of masaail in some book. The Ulama take the prevailing circumstances into account and don't just regurgitate from the fiqhi books. The same kind of idiots used to spread doubts and even abuse Ulama for coming on tv, allowing women to come to the mosques,etc. But now all (almost) of them have shut up now and had humble pie because it's widely accepted that those Ulama were correct after all. Rulings change because of circumstances and the least we can do is have a bit of husne zann that the Ulama know what they're doing instead of blurting out our ignorant twopences that spreads doubts in the people about the Ulama. If you want to pass judgement on the Ulama at least go study in a madrasah and do the ifta course first, and then maybe you'll have a chance of understanding how certain rulings can and do change due to new circumstances.

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#30 [Permalink] Posted on 12th December 2016 13:57

I don't want to pass judgement on anyone, but I don't want to do an ifta course to get an answer that was politely asked!

It's a simple question and needs a simple answer with daleel :) or reasons for special circumstances.

Ignored question. www.muftisays.com/forums/14-peoples-say/11281-junaid-jams...

Maybe abu m will have to go for an ifta course instead of asking questions.

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As-Samani / kitab al-ansab.

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