(1) My father was working in Mumbai Police he used to pray every salah with Jamat. I don’t remember ever had missed his prayer without Jamat, he was also involved in Dawah and Tabligh he used do Khidmat for Jamat daily before Ishraq Salah and will pray Ishraq daily. He applied for Hajj this year through Hajj Committee and his application was accepted. On 10 May he paid half the money to Hajj process but on 17 May 2013 he died (Allah give him Jannah) because the doctor gave him wrong injection. Should we need to do his Hajj-e-Badal? (2) Father told me long time back that I wish that my grave should be in Mumbai (Charni Road Qabrastan) because here many people come and pray for all the graves. But I was only one who knew this wish. I informed, but my 4 Chacha taken my father to Native next to Grandmother. I was in Riyadh and I told my brother do not wait for me as father daily used to pray for Jumuah Day. Did I do a mistake? Pray for my Father.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 983/D-192/File-D=1434)

(1) Since Hajj was fardh on him; hence if he has not performed his fardh hajj earlier and he submitted his form for fardh hajj this year then it is necessary for his heirs to send anyone for Hajj-e-Badal on his behalf. They should send any pious person who has already performed his fardh hajj.
(2) It is not necessary to fulfil the wish of your father regarding the grave as per the Shariah. Hence his burial in the ancestral graveyard was alright. You did a good job as you asked your relatives not to wait you. It is the ruling of Shariah.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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