Janazah related issues
Category:
Miscellaneous
According to Madhhab:
Hanafi
Reference:
1440-597
Question:
1)
Is it permissible to exhume a body if the body was not buried correctly or
buried in an incorrect spot in the graveyard?
2) Is this practice correct. After giving ghusl, the people who carried out the
ghusl ask the deceased for forgiveness if they perchance hurt the deceased
while giving ghusl.
3) As far as we know, the Sunnah portions to recite at the graveside after
burial are the opening and concluding verses of Surah al-Baqarah.
a. Kindly clarify the number of ayat to be recited at which side of the grave.
b. Should everyone recite or only one person and everyone else should listen.
c. If everyone should recite, then it would be difficult to be at the head side
and then go to the feet side, so can you read from anywhere.
d. The congregational dua after burial, is it sunnah or bid`ah? Because the
Salatul Janazah has already been performed.
e. Reciting aloud various ayat from the Quran (not the Sunnah portions), what
is the ruling here. The impression created is that it is Sunnah. The masses
regard what the Ulama do as part of the Shariah, meaning either Fard, Wajid, or
Sunnah. So when read aloud, the impression is created that it is Sunnah.
4) Constructing a small wall (approx half meter from the ground) at the
headside of the grave on which details of the mayyit is given. Is this correct?
[The steel green sign board is the norm, what about this? If this is
permissible, then it should be sufficient.]
Is it permissible to exhume a body if the body was not buried correctly or
buried in an incorrect spot in the graveyard?
2) Is this practice correct. After giving ghusl, the people who carried out the
ghusl ask the deceased for forgiveness if they perchance hurt the deceased
while giving ghusl.
3) As far as we know, the Sunnah portions to recite at the graveside after
burial are the opening and concluding verses of Surah al-Baqarah.
a. Kindly clarify the number of ayat to be recited at which side of the grave.
b. Should everyone recite or only one person and everyone else should listen.
c. If everyone should recite, then it would be difficult to be at the head side
and then go to the feet side, so can you read from anywhere.
d. The congregational dua after burial, is it sunnah or bid`ah? Because the
Salatul Janazah has already been performed.
e. Reciting aloud various ayat from the Quran (not the Sunnah portions), what
is the ruling here. The impression created is that it is Sunnah. The masses
regard what the Ulama do as part of the Shariah, meaning either Fard, Wajid, or
Sunnah. So when read aloud, the impression is created that it is Sunnah.
4) Constructing a small wall (approx half meter from the ground) at the
headside of the grave on which details of the mayyit is given. Is this correct?
[The steel green sign board is the norm, what about this? If this is
permissible, then it should be sufficient.]
Answer:
1. In the enquired scenario, it is impermissible to exhume a body just for the sake of that it was buried incorrectly or it was buried in an incorrect spot in the graveyard .
2. This action is alien to Shariah; therefore, it should not be adopted, practiced, nor propagated.
3. It is preferable to recite the beginning and concluding verses of Surah Baqarah as mentioned in the following Hadith.
Ibn Umar radiyallahu ‘anhu is reported to have said:
When anyone among you passes away, do not detain him but take him to his grave quickly. And (at the grave) recite at his head the initial verses of Surah Baqarah and, at his feet, the concluding verses of Surah Baqarah.
a. Mulla Ali Qari Rahimahullah explains:
“Beginning verses of Surah Baqarah refer to Verse 1-5 (from the beginning until مفلحون ) and the concluding verses refer to the last portion of the Surah from آمن الرسول till the end of it.”
b. It is Mustahab (preferable) to recite it; therefore, everyone should try to recite it and send the reward to the deceased for his betterment.
c. It will also be Mustahab to recite it at those particular places as indicated in the Hadith; however, if one cannot go to the both sides of the grave due to the crowd, then it will be allowed to recite it as per convenience by the grave.
d. Making Dua for the deceased after the burial individually and collectively is allowed; however, congregational Dua after burial as accustomed at present time where one supplicates and the others say Aameen is not proven and to regard it necessary is incorrect in Shariah; therefore, Dua should be done individually and softly.vii Additionally, to make Dua after the Janaza Salah is incorrect and not proven in Shariah; on the other hand, to make Dua after the burial is proven from Ahadith.
e. It is praiseworthy and advisable to recite Quran by the grave side after the burial and send the reward to the deceased; however, it should be recited softly so that everybody else is also encouraged to read it. Moreover, in reciting loudly, only one person recites so the deceased receive less reward compared to when everybody present for the burial recites it; beside this, the notion of it being a Sunnah is also represented which is incorrect and can lead the masses to a custom and innovation in future; therefore, it should be recited softly.
4. Simply, grave is not a place of eternity and conservation; rather, it is a place of destruction and decomposition. Therefore, it is against the spirit of Shariah to put up the writings on the graves, and for this reason it is prohibited in a few Ahadith. However, to put up an inscription board or place a stone on the side of a grave for identification purposes is allowed. In the enquired case, constructing a small wall will not be allowed as it is understood from the Ahadith that prohibit hardening the graves, building upon it, etc..
Nabi Sallallahu Alaihi Wasallam forbade that the graves should be plastered (made into permanent structures), used as sitting places (for the people) or building over them.
It is for this reason our illustrious Fuqaha (jurists) have prohibited from hardening the grave or to build around it unless there is a dire need to do so.
AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: MOHSIN KHAN
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B.
Islamic Date: ٢٣ ذو الحجة ١٤٤٠
English Date: 25 August 2019