A Brief Of Islamic Law

A Brief Of Islamic Law0%

A Brief Of Islamic Law Author:
Publisher: www.alhassanain.org/english
Category: Jurisprudence Principles Science

A Brief Of Islamic Law

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Author: Ayatullah Seyyed Ali Sistani
Publisher: www.alhassanain.org/english
Category: visits: 15762
Download: 3542

Comments:

A Brief Of Islamic Law
search inside book
  • Start
  • Previous
  • 47 /
  • Next
  • End
  •  
  • Download HTML
  • Download Word
  • Download PDF
  • visits: 15762 / Download: 3542
Size Size Size
A Brief Of Islamic Law

A Brief Of Islamic Law

Author:
Publisher: www.alhassanain.org/english
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Mutahhirat (Purifying Agents)

71. There are twelve things which make Najis objects Tahir:

(i) Water

(ii) Earth

(iii) The Sun

(iv) Trancformation (Istihalah)

(v) Change (Inqilab)

(vi) Transfer (Intiqal)

(vii) Islam

(viii) Subjection (Tabaiyyah)

(ix) Removal of original Najasah

(x) Confining (Istipà) of animal which feeds on Najasah

(xi) Disappearance of a Muslim

(xii) Draining of the usual quantity of blood from the slaughtered body of an animal.

I.Water

72. The interior of a Najis vessel, or utensil, even if it has been made Najis with wine, must be washed three times if less than Kurr water is used, and as per obligatory percaution,the same will apply if Kurr or running water is used. If a dog drinks water or any other liquid from a utensil, the utensil should be first scrubbed with Tahir earth,and after washing off the dust, it should be washed twice with running, Kurr or under Kurr water. similarly, if the dog licks a utensil, it should be scrubbed with dust before washing. And if the saliva of a dog falls into the utensil, or somewhere of its body meets the utensil, as per obligatory precaution, it should be scrubbed with dust and then washed with water three times.

73. If a utensil is licked by a pig, or if it drinks any liquid from it, or in which a rat has died, it should be washed seven times with running water, or Kurr or lesser water. It will not be necessary to scour it with dust.

A Najis utensil can be made Tahir with under Kurr water in two ways:

(i) The utensil is filled up with water and emptied three times.

(ii) some quantity of water and poured in it, and then the utensil is shaken, so that the water reaches all Najis parts. This should be done three times and then the water is spilled.

74. If a Najis thing is immersed once in Kurr or running water, is such a way that water reacher all its Najis parts, it becomes Tahir. And in the case of a carpet or dress, it is not necessary to squeeze or wring or press it. And when body or dress is Najis because of urine, it must be washed twice even in Kurr water.

75. When a thing which has become Najis with urine, is to be made Tahir with under_Kurr water, it should be poured once, and as water flows off eliminating all the traces of urine,the thing will become Tahir. But if dress or body has become Najis because of urine, it must be washed twice to be made Tahir. when a cloth or a carpet and similar things are made Tahir with water which is less than Kurr, it must be wrung, or squeezed, till the water remaining in it runs out.

76. If anything becomes Najis with the urine of a suckling child, who has not yet started taking solid food, the thing will be Tahir if water is poured over it once, reaching all parts which had been Najis.

163. If anything becomes Najis with Najasah other than urine, it becomes Tahir by first removing the Najasah and then pouring under-Kurr water once allowing it to flow off. But, if it is a dress etc, it should be squeezed so that the remaining water should flow off.

77. If the exterior of soap becomes Najis, it can be made Tahir, but if its interior becomes Najis, it cannot become Tahir, and if soap or not, its interior will be considered Tahir.

78. A Najis thing does not become Tahir unless the najis_ul_Ayn is removed from it,but there is not harm if the colour, or smell of the Najasah remains in it. So, if blood is removed from a cloth, and the cloth is rinsed with water, it will become Tahir even if the colour of blood remains on it.

79. Meat or fat which becomes Najis, can be made Tahir with water like all other things. same is the case if the body or dress or utensil has a little grease on it, which does not revent water from reaching it.

80. Tap water which is connected with Kurr water is considered to be Kurr.

81. If a person washed a thing with water, and becomes sure that it has become Tahir, but doubts later whether or not he had removed the Najis_ul_Ayn from it, he should wash it again, and ensure that the Najis_ul_Ayn has been removed.

82. If a ground which absorbs water (e.g. land on the surface of which there is fine sand) becomes Najis, it can be made Tahir even with under Kurr water.

83. If the floor which is made of stones, or picks or other hard ground, in which water is not absorbed, becomes Najis, it can be made Tahir with under Kurr water, but, it is necessary that so much water is poured on it that it begins to flow. And if that Water is not drained out, and it collects there, it should be drawn out by a vessel or soaked by a cloth.

II.Earth

84. The earth makes the sole of one’s feet and shoes Tahir, provided that the following four conditions are fulfilled:

(i) The earth should be Tahir.

(ii) The earth should be dry, as a precaution.

(iii) As an obligatory precaution, the Najasah should have stuck from the earth.

(iv) If najis-ul- Any, like blood or urine, or something which has become Najis, like najis clay, is stuck on the sole of a foot, or a shoe, it will be Tahir only if it is cleared by walking on earth, or by rubbing the foot or the shoe against it. therefore, if the Najis-ul-Any vanishes by itself, and not by walking or rubbing on the ground, the foot or the sole will not be Tahir by earth, as an obligatory precaution. And the earth should be dust or sand, or consisting of stones or laid with picks ; which means walking on carpet, mats, green grass will not make the sole of feet or shoes Tahir.

85. It is a matter of Ishkal that walking over a tarred road. or a wooden floor will make the Najis sole of feet and shoes Tahir. ( In other words, as an obligatory precaution, tarred road or wooden floor does not make Najis sole of feet or shoes Tahir.)

86. When the Najis sole of one's foot or shoe becomes Tahir by walking on earth, the parts adjacent to it, which are usually blotched with mud, become Tahir.

87. If a person moves on his hands and knees, and his hands or knees become Najis, it is a matter of Ishkal (it is improbable) that they become Tahir by such movement. Similarly, the end of a stick, the bottom of a prosthetic leg, the shoe of quadruped and the wheels of a car or a cart etc. would not become Tahir.

III.The Sun

88. The sun makes the earth, building,and the walls Tahir, provided the following five conditions are fulfilled:

(i) The Najis thing should be sufficiently wet, and if it is dry, it should be made wet so that the sun dries it up.

(ii) Any Najis-ul-Ayn should not be remained on it.

(iii) Nothing should intervene between the Najis thing and the sun. Therefore, if the rays fall on the Najis thing from behind a curtain, or a cloud etc, and makes it dry, the thing will not become Tahir. But, there is no harm if the cloud is so thin that it does not serve as an impediment between the Najis thing and the sun.

(iv) Only the sun should make the Najis thing dry. So, if a Najis thing is jointly dried by the wind and the sun, it will not become Tahir. However, it would not matter if the wind blows so lightly that it can be said that the thing has dried by the sun.

(v) The sun should dry up the whole Najis part of the building all at once. if the sun dries the surface of the Najis earth, or building, first, and later on dries the inner part, only the surface will become Tahir, and the inner portion will remain Najis.

89. If the sun shines on Najis earth, and one doubts later whether the earth was wet or not at that time, or whether the wetness dried up because of the sunshine or not, the earth will remain najis. Similarly, if one toubts whether Najis-ul- Ayn had been removed from the earth, or whether there was any impediment preventing direct sunshine, the earth will remain Najis.

IV. Transformation (Istia*àlah)

90. If a Najis thing undergoes such a change, that it assumes the category of a Tahir thing it becomes Tahir ; for example, if a Najis wood burns and is reduced to ashes,or a dog falls in a salt-marsh and transforms into salt, it becomes Tahir. But a thing does not become Tahir if its essence or category does not change ; like, if wheat is ground into flour, or is used for baking pead, it does not become Tahir

Change (Inqilab)

91. Any wine which becomes vinegar by itself, or by mixing it with vine gar or salt, becomes Tahir.

92. If the juice of grapes ferments by itself, or when heated, it becomes Halal (allowed). However, if it boils so much that only one third of it is left, it becomesHalal (allowed). It has already been mentioned in rule 60 that the juice of grapes does not become Najis on fermentation.

VI. Transfer (Intiqal)

93. If the blood of a human being, or of an animal whose blood gushes forth when its large vein is cut, is sucked by an insect, normally known to be bloodless, and it becomes part of its body, the blood becomes Tahir. This process is called intiqal.

VII. Islam

94. If an unbeliever testifies Oneness of Allah, and the Prophethood of prophet Muhammad(s), in whatever language, he becomes a Muslim. And just as he was Najis before, he becomes Tahir after becoming a Muslim, and his body, along with the saliva and the sweat, is Tahir.

95. If an unbeliever professes Islam, he will be Tahir even if another person is not sure whether he has empaced Islam sincerely, or not. And the same order applies even if it is known that he has not sincerely accepted Islam, but his words or deeds do not betray anything which may be contrary to the confirmation by him of the Oneness of Allah, and of prophet Muhammad(s) beingprophet of Allah.

VIII. subjection (TABA ‘IYYAH)

96. Tabaiyyah means that a Najis thing becomes Tahir, in subjection of another thing becoming Tahir.

97. When wine is transformed into vinegar, its container, up to the level wine reached on account of fermentation, will become Tahir. And so will the cloth or other thing which is usually put on it, if it has became Najis due to the wine. But, if the back part of the container become Najis because of contact with wine, it should be avoided, as an obligatory precaution, even after wine has transformed into vinegar.

98. If an unbeliever empaces Islam, his child in subjection to him becomes Tahir. Similarly, if the mother, grandfather or grandmother of a child empaces Islam, the child will become Tahir, provided that it is in their custody and care and there is not a Kàfir relative closer than them with it, and if the child has attained the age of under standing and discerning, it does not show inclination to unbelief.

99. The plank or slab of stone on which a dead body is given Ghusl, and the cloth with which his private parts are covered, and the hands of the person who gives Ghusl and all things washed together with the dead body, become Tahir when Ghusl is over.

100. When a person washes something with water to make it Tahir, his hands washed along with that thing, will be Tahir when the thing is Tahir.

101. If cloth etc. Is washed with under-Kurr water and is squeezed as usual, allowing water to flow off, the water which still remains in it is Tahir.

102. When a Najis utensil is washed with under-Kurr water, the small quantity of water left in it after spillig the water of final wash, is Tahir.

IX. Remoral of Najis-ul ‘Ayn

103. If body of an animal is stained with a Najis-ul-Ayn like blood or with something which has become Najis, for example, Najis water, its body becomes Tahir when the Najasah disappears. Similarly, the inner parts of the human body, for example inner parts of mouth, or nose or inner ears which become Najis with an external Najasah,become Tahir, after the Najasah has disappeared. But the internal Najasah, like the blood from the gums of the teeth,does not make inner mouth Najis. Similarly, any external thing which is placed internally in the body,does not become Najis when it meets with the internal Najasah. So if the dentures come in contact with blood from the gums, it does not require rinsing. Of course, if it contacts a Najis food, it must be made Tahir with water.

104. If food remains between the teeth, and blood emerges within the mouth, the food will not be Najis if it comes in contact with that blood.

105. Those parts of the lips and the eyes which overlap when shut, will be considered as inner parts of the body, and they need not be washed when an external Najasah reaches them. But a part of which one is not sure whether it is intenal or external, must be washed with water if it meets with an external Najasah.

X. Istipa’ of an animal which Eats Najasah

106. The dung and urine of an animal which is habituated to eating human excrement,is najis, and it could be made Tahir by subjecting it to "Istipà", that is, it should be prevented from eating Najasah, and Tahir food should be given to it,till such time that it may no more be considered an animal which eats Najasah.

XI. Disappeance of aMuslim

107. When body, dress, household utensil, carpet or any similar thing, which has been in the possession of an adult Muslim or an underage Muslim who is capable of distinguishing between purity and impurity, becomes Najis, and there after that Musl’m disappears, the things in question can be treated as Tahir, if one believes that he may have rinsed them.

108. A scrupulous person who can never be certain about a Najis becoming Tahir, he should follow the method used by the common people.

XII. Flowing out of a slau ghtered Animal’s Blood in Normal Quantity

109. As stated in rule 98, if an animal is slaughtered in accordance with the rules prescribed by Islam, and blood flows out of its body in normal quantity, the blood which still remains in the body of the animal is Tahir.

Rule of Gold and Silver Utensils

110. It is Halal (allowed) to use gold and silver vessels for eating and drinking purposes, and as an obligatory precaution, their general use is also Halal (allowed). However, it is not Halal (allowed) to have them in possession as item of decoration. Similarly, it is not Halal (allowed) to manufacture gold and silver vessels, or to buy and sell them for possession or decoration.

Ghosl

111. In Ghosl, it is obligatory to wash the face and hands (including the forearms), and to wipe the front portion of th head and the upper part of two feet.

112. The length of the face should be washed from the upper part of the forehead, where hair grow, up to the farthest end of the chin, and its peadth should be washed to the part covered between the thumb and the middle finger. If even a small part of this area is left out, Ghosl will be void. thus, in order to ensure that the prescribed part has been fully washed, one should also wash a bit of the adjacent parts.

113. If a person suspects that there is dirt or something else in the eyepows, or corners of his eyes, or on his lips, which does not permit water to reach them and that suspicion is reasonable, he should examine it before performing Ghosl, and remove any such thing if it is there.

114. If the skin of the face is visible from under the hair growing on the face, like beard, liphair etc, he should make the water reach the skin, but if it is not visible, it is sufficient to wash the hair, and it is not necessary to make the water reach beneath it.

115. While performing Ghosl, it is not obligatory that one should wash the inner parts of the nose, nor of the lips and eyes which cannot be seen when they close. however, if one is not sure that all parts have been washed, in order to ensure, it is obligatory that some portion of these parts (i.e. inner parts of nose, lips and eyes) are also included. And if a person did not know how much of the face should be washed, and does not remember whether he has washed his face thoroughly in Ghosl already performed, his prayers will be valid, and there will be no need to do fresh Ghosl for the ensuing prayers.

116. The hands and forearms, and as an obligatory precaution the face, shold be washed from above downwards, and if one washes the opposite way, his Ghosl will be void.

117. After washing the face, one should first wash the right forearm and hand and then the left forearm and hand, from the elbows to the tips of the fingers.

118. If one is not sure that the elbow has been washed thoroughly, in order to ensure, he should include some portion above the elbow in washing.

119. If before washing his face, a person has washed his hands up to the wrist, he should, while performing Ghosl, wash them again up to the tips of the fingers, and if he washes only the forearms up to the wrist, his Ghosl will be void.

120. While performing Ghosl, it is obligatory to wash the face and the hands and forearms once, and it is recommended to wash them twice. Washing them three or more times is Halal (allowed). As regads to which washing should be treated as the first, it will depend upon pouring water on the face or hand so much that it cover them thoroughly, leaving no room for precaution, with the intention of Ghosl. So, if one pours water on his face ten times, in order to cover it thoroughly, with the intention of the first washing for Ghosl, there is no harm. The first washing realises only when one washes with the intention of Ghosl. Thus, he can wash his face or hands several times, and in the final wash, make the intention of washing for Ghosl. But if he follows this procedure, the face or the hands should not be washed more than once again, as an obligatory precaution, even if without the intention of washing for Ghosl.

121. After washing both the hands and forearms, one performing Ghosl should wipe front part of the head with the wetness of his hand: and the recommended precaution is that he should wipe it with the palm of his right hand, from the upper part of the hand, downwards.

256. The part on which wiping should be performed, is the one fourth of the head posterior to the forehead it is sufficient to wipe however mucha tany place in this part of the head.

Ghusl for Touching a Dead Body

284. If a person touches a human dead body which has become cold and has not yet been given Ghusl (i.e. pings any part of his own body in contact with it) he should do Ghusl.

285. If a person touches a dead body which has not become entirely cold, Ghusl will not be obligatory, even if the part touched has become cold.

286. If a person pings his hair in contact with the body of a dead person, or if his body touches the hair of the dead person or if his hair touches the hair of the dead person, Ghusl will not become obligatory.

287. It is not obligatory to do Ghusl for touching a separated bone which has not been given Ghusl, whether it has been separated from a dead body or a living person. The same rule applies to touching the teeth which have been separated from a dead body or a living person.

288. The method of doing Ghusl for touching the dead body is the same as of Ghusl for Janaban and it does not require any Ghosl.

Rules Related to a Dying Person

289. A Mu'min who is dying, whether man or woman, old or young, should, as a measure of precaution, be laid on his/her back if possible, in such a manner that the soles of his/her feet would face the Qiblah (direction towards the holy Ka'bah).

290. It is an obligatory precaution upon every Muslim, to lay a dying person facing the Qiblah. And if it is known that the dying person consents to it and he or she is not defective, there is no need to seek the permission for it from the guardian. Otherwise, the permission must be sought as a precaution.

291. It is recommended that the doctrinal testimory of Islam (Shahadatayn) and the acknowledgement of the twelve Imàms and other tenets of faith should be inculcated to a dying person in such a manner that he/she would understand. It is also recommended that these utterances are repeated till the time of his/her death.

The obligation of Ghusl, Kafn (Shrouding),Salat and Burial

292. Giving Ghusl, Kafn, Hunot, salat and burial to every dead Muslim, regardless of whether he/she is an Ithna-Ashari or not,is obligatory on the guardian must either discharge all these duties himself or appoint someone to do them.

‏ The Method of Ghusl of Mayyit

293. It is obligatory to give three Ghusl to a dead body. The first bathing should be with water mixed with Sidr (powdered leaves of lote tree). The second bathing should be with water mixed with caphor and the third should be with unmixed water.

294. The quantity of Sidr and caphor should neither be so much that the water becomes mixed (Muèàf), nor so little that it may be said that Sidr and caphor have not been mixed in it at all.

295. Aperson who gives Ghusl to a dead body should be a Muslim and sane and as a precaution a Shi'ah Ithna-Ashariyyah, and ahould know the rules of Ghusl.

296. One who gives Ghuls to the dead body should perform the act with the intention of Qurbah, and it is enough to be with intention of complying with the God's will.

297. Ghusl to a Muslim dead child, even illegitimate, is obligatory.

298. If a foetus of 4 months or more is aborted it is obligatory to give it Ghuls, and even if it has not completed four months, but it has formed features of a human child, it must be given Ghusl as a precaution. In the event of both of these circumstances being absent, the foetus will be wrapped up in a cloth and buried without Ghusl.

299. It is unlawful for a man to give Ghusl to the dead body of a non-Mahram woman and for a woman to give Ghusl to the dead body of a non-Mahram man. Husband and wife can, however, give Ghusl to the dead body of each other.

300. If there is an essential impurity on any part of the dead body, it is obligatory to remove it befor giving Ghusl.

301. Ghusl for a dead body is similar to Ghusl of Janàbah. And the obligatory precaution is that a corpse should not be given Ghusl by Irtimàsi',that is, immersion, as long as it is possible to give Ghusl by way of Tartibi. And even in the case of Tartibi Ghusl it is necessary that the body should be washed on the right side first. And then the left side.

302. There is no rule for Jabi'rah in Ghusl of mayyit, so if water is not available or there is some other valid excuse for abstaining from using water for the Ghusl, then the dead body should be given one Tayammum instead of Ghusl.

303. A perscon giving Tayammum to the dead body should strike his own palms on earth and then wipe them the face and back of the hands of the daed body. And the recommended precaution is that he should, if possible, use the hands of the dead for another Tayammum.

Rules Regarding Kafn (Shrouding)

304. The body of a dead Muslim should be given Kafn with three pieces of cloth:a loin cloth, a shirt or tunic, and a full cover.

305. As an obligatory precaution, the loin cloth should be long enough to cover the body from the navel up to the knees, better still if it covers the body from the chest up to the feet. As an obligatory precaution, the shirt should be long enough to cover the entire body from the top of the shoulders up to the middle of the forelegs, and better still if it reaches the feet. The sheet cover should be long enough to conceal the whole body, and as an obligatory precaution it should be so long that both its ends could be tied, and its peadth should be enough to allow one side to overlap the other.

306. As a precaution, it must be ensured that each of the three pieces used for Kafan is not so thin as to show the body of the deceased. However, if the body is fully consealed when all the three pieces are put together, then it will suffice.

307. It is not permissible to give a Kafan which is Najis, or which is made of pure silk, or as a precaution which is women with gold, except in the situation of helplessness, when no alternative is to be found.

308. If the Kafan becomes Najis owing to Najasah, of the deceased, or owing to some other Najasah, its Najis part should be washed or cut off in such a manner that the Kafan may not be lost, even after the dead body has been placed in the grave. And if it is not possible to wash it, or to cut it off, but it is possible to change it, then it should be changed.

Rules of Hunot

309. After having given Ghusl to a dead body it is obligatory to give Hunot, which is to apply caphor on its forehead, both the palms, both the knees and both the big toes. It is not necessary to rub the caphor ; it must be seen on those parts. It is Mustahab to apply caphor to the nose tip also. Caphor must be powdered and freash and Tahir and Mubah, and if it is so stale that it has lost its fragrance, then it will not suffice.

310. It is better that Hunotis given before Kafn, although there is no harm in giving Hunotduring Kafn or even after.

311. Though it is Halal (allowed) for a Mutakif and a woman whose husband has died and she is in Iddah to perform him/herself, but if he or she dies, it is obligatory to give her Hunot.

312. It is Mustahab to mix a small quantity of Turbah (soil of the shrine of Imàm Husayn) with caphor, but it should not be applied to those parts of the body, where its use may imply any disrespect. It is also necessary that the quantity of Turban is not much, so that the identity of caphor does not change.

Rules ofSalat -ul-Mayyit

313. It is obligatory to offerSalat-ul-Mayyit for every dead Muslim, as well as for a Muslim child if it has completed 6 years of its age.

314. If a child had not completed 6 years of its age, but it was a discerning child who knew whatSalat was, then as an obligatory precautionSalat-ul-Mayyit for it should be offered. If it did not know ofSalat, the prayer msy be offered with the hope of pleasing Allah (Raja'an). However, to offerSalat-ul- mayyit for a still born child is not Mustahab.

315. Salat-ul-Mayyit should be offered after the dead body has been given Ghusl, Hunotand Kafan and if it is offered before or during the performance of these acts, it does not suffice, even if it is due to forgetfulness or on account of not knowing the rule.

316. It is not necessary for a person who offersSalat-ul-Mayyit to be in Ghosl or Ghusl or Tayammum nor is it necessary that his body and dress be Tahir. Rather there is no harm even if his dress is a usurped one.

317. One who offersSalat-ul-Mayyit should face the Qiblah, and it is also obligatory that at the time ofSalat-ul-Mayyit, the dead body remains before him on its back, in a manner that its head is on his right and its feet on his left side.

318. The place where a man stands to offerSalat-ul-Mayyit should not be higher or lower than the place where the dead body is kept. However, its being a littie higher or iower is immaterial.

319. The person offeringSalat-ul-Mayyet should not be distant from the dead body. However, it he is praying in a congredation (Jamaah), then there is no harm in his being distant from the head body in the rows which are connected to each other.

320. InSalat-ul-Mayyit, one who offers prayer should stand in such a Way that the dead body is in front of him, except if theSalat is prayed in a congregation and the lines extend beyond on both sides, then praying away from the dead body will not be objectionable.

321. If a dead body is buried withoutSalat-ul- Mayyet, either intentionally or forgetfully, or on account of an excuse, or if it trancpires after its burial that the prayer offered for it was void, it will not be permissible to dig up the grave for prayingSalat-ul-Mayyit. There is no objection to praying, with the hope of pleasing Allah, by the graveside, if one feels that decay has not yet taken place.

Method ofSalat-ul-Mayyit

322. There are 5 Takbirs (saying Allahu Akbar) inSalat-ul-Mayyit and it is sufficient if a person recites those 5 Takbirs in the following order:

After making intention to offer the prayer and pronouncing the 1st Takbir he should say: Ashhadu an la ilaha illa-llah, wa anna muhammadan Rasulullah. (I bear witness that there is no god but Allah and that Muhammad is Allah's Messenger.)

After the 2nd Takbir he should say: Allahumma salli ala Muhammadin wa ali Muhammad. (O'Lord ! Bestow peace and blessing upon Muhammad and his progeny.)

After the 3rd Takbir he should say: Allahumma-ghfi rlil-mu'minina walmu'minat. (O'Lord ! Forgive all believers men as well as women.)

After the 4th Takbir he should say: Allahumma-ghfir li-hadhal-mayyit. (O'Lord Forgive this dead male person).If the dead person is a female, he would say:

Allahumma-ghfir li-hadhihil-mayyit.

Thereafter he should pronounce the 5th Takbir.

323. A person offering prayer for the dead body should recite Takbirs and supplications in a sequence, so thatSalat-ul-Mayyit does not lose its from.

324. A person who joinsSalat-ul-Mayyit to follow an Imàm should recite all the Takbirs and supplisations.

Rules About Burial of the Dead Body

325. It is obligatory to bury a dead body in the ground, so deep thst its smell does not come out and the beasts of prey do not dig it out.

326. The dead body should be laid in the grave on its right side so that the face remains towards the Qiblah.

327. It is not permitted to bury a muslim in the graveyard of the con Muslims, nor to bury a non-Muslim in the graveyard of the Muslims.

328. It is not permissible to bury a dead body in a usurped place not in a place which is dedicated for purposes other then burial (e.g.in a Masjid), if it is harmful or obtrusive for the dedication. As an obligatory precaution this is not permitted, even if it is not harmful or obstructive for the dedication.

329. It is not permissible to dig up a grave for the purpose of burying another dead body in it, unless one is sure that the grave is very old and the former body has been totally disintegrated.

330. Anything which is separated from the dead body (even its hair, nail or tooth) should be buried along with it. And if any part of the body, including hair. nails or teeth are found after the body has been buried, they should be buried at a separate place, as per obligatory precaution. And it is Mustahab that nails and teeth cut off or extracted during lifetime are also buried.

Exhumation

331. It is Halal (allowed) to open the grave of a Muslim even if it belongs to a child or an insane person. However, there is no objection in doing so if the dead body has decayed and turned into dust.

332. Digging up or destroying the graves of the descendants of Imàms the martyrs, the Ulama (religious scholars) and all cases whose destroying amounts to desecration, is Halal (allowed) even if they are very old.

333. Digging up the grave is allowed in some cases, which are explained fully in defailed books.

Recommended Ghusls

334. In Islam, several Ghusls are Mustahab. Some of them are listed below:

* Ghusl-ul-jumu'ah (Friday Ghusl): Its prescribed time is from Fajr (dawn) to sunset, but it is better to perform it near noon. If, however, a person does not perform it till noon, he can perform it till dusk without an entention of either performing it on time or as Qaèà. And if a person does not perform his Ghusl on Friday it is Mustahab that he should perform the Qaèà of Ghusl on Saturday at any time between dawn and dusk.

* Taking baths on the 1st, 17th, 19th, 21st, 23rd and 24th nights of the holy month of Ramadan.

* Ghusl on id-ul-Fitr day and id-ul-Adha day. The time of this Ghusl is from Fajr up to sunset. it is, however, better to perform it before id prayer.

* Ghusl on the 8th and 9th of the month of Dhul-Hijjah. As regars the bathing on the 9th of Dhul-Hijjad it is better to perform it at noon-time.

* Some other Ghusls which are mentioned in detailed books.

‏335 After having taken a Ghusl wich its being recommended is established, like those listed in rule no. 651, one can perform acts (e.g. prayer) for which Ghosl is necessary. However, Ghusls which thier being Mustahab is not estoblished do not suffice for Ghosl (i.e.Ghosl has to be performed).

336. If a person wishes to perform a number of Mustahab Ghusls, one Ghusl with the intention of performing all the Ghusls will be sufficient.