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Husband Burying Wife

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

ASSALAMUALAIKUM
RESPECTED MUFTI SAHEB
 
1)IS IT PERMISSIBLE FOR THE HUSBAND TO GO INTO THE GRAVE TO BURRY HIS WIFE?
 
2)IF A WOMAN SHOOTS HERSELF DEAD, WHAT CAN THE FAMILY DO FOR HER (READING etc.)
IS THERE ANY SPECIAL DU’AAS TO BE READ?
 
3)DOES THE HUSBAND OR THE WIFE’S UNCLE HAVE MORE RIGHTS IN THE WIFE’S FUNERAL ARRANGEMENTS?
 
4)CAN WE HOLD THE HUSBAND RESPONSIBLE, IF THE WIFE TAKES THE HUSBANDS GUN AND KILLS HERSELF?
 
SHUKRAN

Answer:

 

 

1. It will only be permissible for the husband to go into the grave to bury his wife if her Mahaarim are not present or are unable to do so. Some Fuqahaa even allow the husband to give his wife a bath if need be.

2. After burying her in a normal way i.e. giving her a bath, Kafan and Salaatul Janaazah, extra Qur’an should be read for her as Eesauluth Thawaab. Extra Du’aa should be made for her, especially in this case.

3. The husband has more rights in the wife’s funeral as the responsibility is on him to see to the funeral arrangements.

4. If all the precautions were not adhered to then maybe by South African law he will be held responsible, i.e. if the gun wasn’t in a safe etc. however most wives know there husbands safe code and are permitted to use the gun in an emergency. The actual killing lies in the hands of the person killing themselves. It won’t be the responsibility of the husband if the wife takes the gun and shoots herself. If he was able to stop her but didn’t, then he might share some responsibility in her death i.e. he maybe questioned as to why he didn’t stop her from killing herself despite having the ability to do so.   

And Allah Ta’ala knows best

Shaakir bin Moulana Yaseen Rahim

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

16 August 2006

21 Rajab 1427

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