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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(175)(7/2012) by the Board of Iftaa`, Research and Islamic Studies:

"The Wife`s Father is Given Priority over Husband in Determining her Place of Burial in Case she Passed away"

Date: 14/7/1433 AH, corresponding to 4/6/2012 AD.

 

All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the following question:

Who should be given priority to receive the dead body of the  wife or the husband, take care of the burial process, and accept the condolences, whether their marriage was valid or they were divorced. Should the husband be given the priority, the wife, the children, the husband`s or the wife`s family?

Since death suffices as a lesson, there should be no room for dispute; rather, people should agree on what is best for the deceased as regards his/her burial place and funeral.

In case of dispute, priority should be given to the close paternal relatives of the deceased. If they disagreed about his/ her burial place, then the father is given priority, then the children, then the brothers.

The four jurists have given the wife`s relatives the priority in performing her funeral prayer. In fact, the Hanafite jurists have stated: "The husband enjoys no guardianship over his deceased wife; however, he is obliged to pay for the costs of enshrouding her and all the other costs of her burial." {Rad`d Al-Mohtaar, vol.2/pp.220,206}. This opinion has been adopted by the Jordanian Civil Status Code, 2010 /Article (71).

The Malikites as well as the Shafites gave priority to the husband over his wife`s male Mahrams as regards washing her (Ghusl) and placing her in the grave, because he is allowed to look at parts of her, which others aren`t allowed to look at; therefore, her Mahrams are given priority to take care of her funeral`s affairs, and her husband has more right to handle matters which may involve her indecent exposure.

Accordingly, when there is dispute as regards determining the place of the wife`s burial, priority is given to her father, then her sons over her husband, as stated by Al-Imam Ar-ramli (May Allah bless him): "If there is a dispute as regards the burial place of the husband, who made no bequest in this regard, then priority should be given to his closest paternal relatives in deciding where to bury him. If the deceased was the wife, then her closest paternal relatives should be given priority over her husband as to where she should be buried." {Nihayat Al-Mohtajj}. Moreover, Al-Khateeb Ash-Shirbini stated: "If the father and the mother had disputed over where to bury their deceased son, then the father should have the final say." {Moghni Al-Mohtajj}.

As regards accepting the condolences, we advise both parties to reach an agreement on that  for the sake of Allah and the deceased`s. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Helayel

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

     Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

A man has married a second wife and deprived the first from provision and overnight stay. He spent most of his time and wealth on his second wife. After sometime, the latter got sick and was diagnosed with breast cancer, which made him forsake her in bed and return to his first wife. What is the position of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
It is forbidden for a woman to forsake her husband in bed without a lawful excuse since this is one of the mutual rights of spouses. When the wife abstains from making love to her husband without a lawful excuse, she is considered sinful. This is because the Prophet (PBUH) said: "If a woman spends the night deserting her husband's bed (does not sleep with him), then the angels send their curses on her till she comes back (to her husband)." [Agreed upon]. And Allah The Almighty Knows Best.

Are all the children of a suckling woman considered brothers to the strange child whom their mother had breastfed, or just to the one who had suckled with him?

All the children of the woman who had suckled a strange child are considered his/her brothers and sisters.

Is everyone obligated to follow the fatwas of his country, and if we adopt the fatwas of scholars of other countries, is it considered a sin?

: It is permissible for one who do not specialize in Shari `ah sciences to apply the opinions of renowned scholars whom he trusts ,whether they be from his own country or not ,but if the scholars don`t arrive at a consensus concerning a certain matter then he must consult someone who is more knowledgeable than himself .It is preferable that you(the inquirer) specify the case of your interest ,so that we could give you a more specific answer since some scholars deliver fatwas based on atypical opinions which should not be applied no matter what .And Allah ,The Exalted, knows best.

Is it permissible for a wife`s family to demand her husband to divorce her although she doesn`t want that?

It is forbidden for them to do that in case their daughter doesn`t want divorce unless there was a sin that continues as long as the marriage survives.

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