A Code of Practice For Muslims in the West

A Code of Practice For Muslims in the West0%

A Code of Practice For Muslims in the West Author:
Translator: Sayyid Muhammad Rizivi
Publisher: Imam Ali Foundation
Category: Jurisprudence Principles Science

A Code of Practice For Muslims in the West

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

Author: Ayatullah Seyyed Ali Sistani
Translator: Sayyid Muhammad Rizivi
Publisher: Imam Ali Foundation
Category: visits: 17117
Download: 2871

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A Code of Practice For Muslims in the West
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A Code of Practice For Muslims in the West

A Code of Practice For Muslims in the West

Author:
Publisher: Imam Ali Foundation
English

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

Sawm: Fasting

Introduction

The noble Prophet Muhammad (s.a.w.) gave an impressive sermon welcoming the month of Ramadhan. He said:

“O people! The month of Allah with its blessings, mercy and forgiveness has come upon you. It is the most preferred of all the months with Allah; its days are the best of days, its nights are the best of nights, and its hours are the best of hours. It is a month in which you have been invited as guests of Allah and have been placed among those honoured by Allah. Your breathing in it is [like] an act of praising [Allah], your sleep an act of worship; your good deeds are accepted, and your prayers answered. Therefore, ask Allah with sincere intentions and pure hearts to help you in fasting and recitating His Book during this [month]. Indeed damned is he who is deprived of Allah’s forgiveness during this august month.

“O people! The gates of Paradise are wide open during this month; therefore, ask your Lord not to close them in your face and the gates of Hell-Fire are locked; therefore, ask your Lord not to open them for you. Satans are chained; therefore, ask your Lord not to unfetter them upon you.

“O people! Whosoever among you improves his character during this month, he shall have the pass [to cross] over the Bridge (sirat) on the day when [people’s] feet shall slip. Whosoever is lenient with his slaves during this month, Allah will be lenient with him in the reckoning of his [deeds on the Day of Judgement]. Whosoever checks his evil deeds during this month, Allah shall withhold His anger from him on the day he meets Him. Whosoever honours an orphan during this month, Allah shall honour him on the day he meets Him. Whosoever maintains, during this month, contact with his relations, Allah will maintain His mercy for him on the day he meets Him. Whosoever recites a verse from the Qur’an during this month, his reward will be like one who has completed the recitation of the Qur’an during the other months.”

Imam ‘Ali (a.s.) said, “There are some who fast but will gain nothing from their fasting except thirst; and there are some who pray but will gain nothing from their prayer except tiredness.”

Imam as-Sadiq (a.s.) said, “When you fast, your ears, eyes, hair, skin, and all your limbs should also fast.” He also said, “Fasting is not only [abstaining] from food and drink alone. When you fast, protect your tongue from lying; lower your eye-glances from what Allah has forbidden [you to see]; do not fight with one another; do not be jealous of one another; do not backbite one another; do not abuse one another; and do not be unjust to one another.

Refrain from false accusation, lying, fighting, suspicion, backbiting, and slandering. Be those who look forward to the hereafter, and wait for your days, waiting for what Allah has promised for those who have prepared to meet Allah. You must have tranquility, sobriety, humility, servility, and submissiveness of a slave who fears his master; and be fearful [of Allah’s chastisement] as well as hopeful [in His forgiveness].”1

General Rules

It is appropriate now to explain some rules of fasting, and append to them the specific questions and answers concerning this important Islamic ritual.

103. Among the acts that invalidate fasting is intentionally eating and drinking. So, if a person who is fasting eats or drinks by mistake (e.g., he forgot that he was fasting) and not intentionally, his fasting is in order and there is no penalty upon him.

104. Among the acts that invalidate fasting of Ramdhan is intentionally staying in a state of janabat until the beginning of true dawn. So if such a person intentionally remains in that state without performing major ablution (ghusl) until the beginning of the true dawn in the month of Ramadhan, then it is obligatory upon him to refrain from the forbidden things for the remaining of the day.

(As a matter of obligatory precaution one should abstain with the intention of “ma fidh dhimma - what is expected of him”.) They should also make up this fast some other day [after Ramadhan] with the intention of “ma fidh dhimma” and also incur the penalty, based on obligatory precaution. If a person is sick and cannot perform ghusl because of his sickness, he should do tayammum before true dawn; thereafter, they will be considered to be in a state of ritual purity. Thus, they will be able to fast.

105. Among the acts that invalidate fasting in the month of Ramadhan is for a woman to remain until true dawn in a state of ritual impurity caused by menstruation (hayz) or post-natal bleeding(nifas) after it had stopped and while it was possible for her to do major ablution (ghusl). So if she stays without ghusl till the beginning of true dawn, her situation will be the same as that of the person in janabat as mentioned above. If performing ghusl was not possible for her, she should take to tayammum.

106. It is preferable for the fasting person not to swallow phlegm that has reached the mouth, although it is permissible for him to swallow it. Similarly, it is permissible for him to swallow thesaliva that has gathered in the mouth, even in large quantities.

107. Discharge of semen during daytime does not invalidate the fast; and the person should perform ghusl for janabat for his salat. So discharge of semen [during daytime] does not invalidate fasting.

108. Washing the teeth with brush and toothpaste does not invalidate the fast as long as the person does not swallow the saliva that has mixed with the toothpaste. However, the lingering flavour or taste of the paste that mixes with the saliva does not affect the fasting.

109. If a Muslim lives in a city that has daylight for six months and night for six months [e.g., the northern part of Europe or Canada], it is obligatory for him to move during the month of Ramadhan to a city with ‘normal’ day and night so that he can start fasting, if not, he should move after that month to fast as qadha (making up the missed fast). However, if it is not possible for him to move, then he has to pay compensation (fidya) instead of fasting; that means giving 750 grams of food [rice or flour] to a poor person per day.

110. If a Muslim lives in a city where daylight in some seasons is for 23 hours and the night is only for one hour or vice versa, it is still obligatory on him to fast, if he has the ability to do so. But if he is not able to fast, the obligation is forfieted. If it is possible for him to do qadha later on [e.g., in other seasons or] by moving to another city, it is wajib for him to do the qadha. If he is unable even to do the qadha, it is obligatory on him to pay fidya in lieu of fasting.

Questions and Answers

111. Question: Some people come to a city with the intention of residing therein for some years for a specific purpose [e.g., education] During this time, they do not leave their own home-towns for good. When the specific purpose is accomplished, they leave that city and go to wherever they like. How should they do their salat and how should they fast [in that city]?

Answer: They shall pray fully; they can fast after having lived in that city for a month just as they do in their own home-towns.

112. Question: Is it permissible to rely on the European observatories [i.e., non-Muslim experts] for determining the timings of true dawn, sunrise, noon, and sunset for the whole year, including the month of Ramadhan, knowing well that it is scientific and very precise to the minutes and seconds?

Answer: If one is sure of the correctness of their timings, it is permissible to act upon it. However, one should know that there are some differences in determining the true dawn especially in some of the cities in [northern] Europe [and Canada]; therefore, it is necessary to ascertain that it is based on the proper view.

113. Question: In some cities, the sun does not rise at all for days or does not set at all for days or even more. How should we pray and fast?

Answer: As for salat, one should, as a matter of obligatory precaution, observe the closest place that has night and day in a twenty-four hour period, then say salat according to its timings with the intention of mutlaqa [i.e., just qurbatan ilal lah without specifying whether it is ada (on time) or qadha (after time)].

As for fasting, it is obligatory upon you to move during the month of Ramadhan to another city where you can observe fasting of this holy month, or move to that city after that month to perform it qadha.

114. Question: Can a person who is fasting in the holy month of Ramadhan serve food to non-Muslims?

Answer: By looking at the issue on its own merit, there is no problem in it.

115. Question: Would use of a nozzle spray that facilitates breathing invalidate the fast?

Answer: If the spray that comes out of the nozzle enters the respiratory tract and not the passage of food and drink, it does not invalidate fast.

116. Question: Does the nutrition given, intravenously invalidate fast irrespective of whether or not it was absolutely necessary for the patient?

Answer: In both the cases, it does not invalidate the fasting.

117. Question: Does masturbating during daytime of Ramadhan invalidate the fast, regardless of whether or not it leads to ejaculation? What is the penalty that should be incurred by one who does so? What is the ruling for a woman who engages in masturbation during daytime of Ramadhan, irrespective of whether or not it leads to discharge?

Answer: If a person masturbates with the intention of ejaculating and actually ejaculates, his fast is rendered invalid and he must make it up by way of qadha as well as pay the penalty(kaffara) which is fasting for two successive months or feeding sixty poor people. If he masturbates with the intention of ejaculating but does not ejaculate, he must complete the fast with the intention of pleasing the Almighty and then do it qadha.

If he masturbates without the intention of ejaculating and he does not normally ejaculate, knowing that discharge is probable and it actually happens -he has to do qadha without the penalty. However, if such a person was confident that no discharge would take place and it actually happens - no qadha is required. In all these cases, there is no difference between a man and a woman.

118. Question: A believer fasts but does not know that intentionally getting into state of janabat invalidates fasting-what should he do [when he finds out]?

Answer: It is obligatory on him to make up those fasts; however, there is no penalty on him as long as he was [erroneously] convinced that being in a state of janabat does not invalidate fast or was unaware of that ruling.

119. Question: According to some jurists, a person who intentionally invalidates his fast during the month of Ramadhan by committing a sin has to pay all three kinds of penalty [that is, fasting for sixty days, feeding sixty poor people, and emancipating a slave]. What should a person therefore do during our time when emancipating a slave is impossible since there are virtually no slaves?

Answer: The penalty of emancipating a slave is waived when it is no more possible. It should, however, be clarified that in our view, it is not obligatory to pay all three kinds of penalty for invalidating a fast during Ramadhan by committing a sin. And Allah knows the best.

120. Question: If the new moon is sighted in the East, does it apply to us also in the West? And if it is sighted in America, does it apply to Europe also?

Answer: If the new moon is sighted in the East, it also applies to the West as long as the latitude of the two locations are not greatly further away from one another. If the new moon is sighted in the West, it does not apply to the East unless it is proven-even by the moon staying on the first [Western] horizon for the length of time that is longer than the difference between the sunset of the two locations. [For example, if the sunset in the Eastern city was half an hour before the Western city where the moon was sighted, and the moon stays on the horizon longer than half an hour -the Eastern city can follow the moon sighted in the Western city.]

* * *

In Minhaju ’s-Saliheen, it says: “The new moon is proven through the knowledge acquired by sighting or recurring reports etc., and through credible reports of its sighting, etc.” In ruling No. 1044, it says: “If the new moon is sighted in a city, it is sufficient for other cities, provided they share the same horizon, in the sense that the actual sighting in the first city would necessarily be followed with the sighting in the second city if there were no barriers like clouds, fog, mountains, etc.”

In the light of what has been quoted, the following questions arise:

121. Question: Would the sighting of the new moon in cities in the East like Iran, Ahsa’, Qatif [both in Arabia], other countries in the Gulf, Iraq, Syria, and Lebanon necessarily be followed by its sighting in Western countries like England, France and Germany if there were no barriers like clouds and fog?

Answer: Yes, the sighting of the new moon in an area would necessarily be followed -provided there were no barriers- in places which are located to its west as long as they are not far apart on the latitude lines.

122. Question: If the answer to the previous question is positive, would the occurrence of the sighting of the new moon in the view of some religious scholars in Eastern countries be a sufficient evidence for one who is residing in Western countries even though the sighting of the new moon did not occur in those places for lack of clear skies?

Answer: It will not be a sufficient evidence for him or for others. However, if the occurrence of the sighting from the view point of those religious scholars attracts trustworthiness in that person that the moon was actually sighted or proof was established about the sighting without any counter proof -even in the form of a ruling- that person can act on what he believes is true.

123. Question: During certain months, it is declared that the sighting has been proven according to some religious scholars in some Eastern countries. This is based on the testemony of those who have sighted the new moon. Such declarations are usually coupled with the following facts:

1. The witnesses who sighted the moon and who number around thirty, for example, are scattered in various cities such as 2 in Isfahan, 3 in Qum, 2 in Yazd, 4 in Kuwait, 5 in Bahrain, 2 in Ahsa’, and 6 in Syria, etc.

2. The sky was clear in a number of cities in the West, and the believers went out in the attempt to sight the moon; and there was nothing preventing the sighting.

3. The observatories in England announced that it was impossible to sight the new moon that evening in England except by using a telescope; and that its sighting with the naked eye would be possible only in the following night. So, what is the ruling in such a case? Please guide us, may Allah reward you.

Answer: The criterion is the satisfaction of the individual himself [1] about the actual sighting [of the new moon] or [2] the proof of sighting without any counter claim.

In the case mentioned above, satisfaction is not normally achieved concerning the appearance of the new moon on the horizon in such a way that it could have been sighted by the naked eye. On the contrary, one is satisfied that it was not sighted and that the testimony [of sightings in the Eastern cities] is based on illusion and error in sight. And Allah knows the best.

Note

1. For these and other similar ahadith in the books of hadith and in Mafatihu 'l-Jinan of 'Abbas al-Qummi, p. 235-237.

Hajj: The pilgrimage to Mecca

Introduction

The pilgrimage to Mecca (hajj) is one of the fundmental obligations in Islamic laws. The holy Qur’an has clearly mentioned this obligation. Almighty Allah says in His holy Book:

“And it is for the sake of Allah [a duty] upon the people to do the pilgrimage of the House-whosoever has the ability [to travel] to it. And whosoever is ungrateful, then surely Allah is free from need of the universe.” (2:196)

The Almighty has compared the negligence of hajj to ingratitude because of its importance.

Hajj is one of the five pillars on which Islam is based. In a noble hadith, Imam al-Baqir (a.s.) said, “Islam is based on five pillars: on prayer (salat), alms (zakat), pilgrimage (hajj), fasting (sawm), and devotion [to the Ahlul Bayt] (wilaya)."1

Imam ‘Ali bin Abi Talib (a.s.) advised about hajj by saying, “Do not neglect the pilgrimage to the House of your Lord; otherwise you will perish."2 Imam as-Sadiq (a.s.) said, “If the people neglect the pilgrimage to the House, the chastisement will overwhelm them and they would not be warned [about it].”3 This is so because neglecting hajj while the person is in a position to fulfill all its conditions is a great sin. A hadith says, “When a person is capable of doing the pilgrimage but does not do it, he has indeed flouted a law from the laws of Islam.”4 Another noble hadith says, “One who keeps postponing hajj until he dies, Allah will resurrect him on the Day of Judgement as a Jew or a Christian.”5

General Rules

124. When a Muslim becomes capable, hajj becomes obligatory upon him. By “capability” we mean the following:

a. Availability of enough time to travel to the holy places and stay there for performing the obligatory rites.

b. Physical health and strength, observing to travel to the holy places, and staying there for the obligatory rituals.

c. The road through which one has to pass for performing the rituals be open and secure, in the sense that it does not place the life or property or honour of the pilgrim in undue danger.

d. Financial ability: One should be able to get whatever is necessary for the pilgrim in his journey; e.g., food, drink, clothes, including the means of transportation according to his status by which he can cover the distance for hajj.

e. The financial position of the person should be such that by travelling for hajj or by spending from his wealth for it, he would not be putting himself and his dependents in need and poverty.

125. Hajj Tamattu‘: This is a kind of pilgrimage that is obligatory upon those who live in other countries i.e. far away from Mecca. Hajj Tamattu‘ consists of two rituals: the first is known as‘umrah, and the second hajj.

126. In ‘umrah, five things are obligatory:’

a. (a) Putting on the pilgrim’s dress (ihram) from one of the miqats. Mawaqit (plural of miqat) are locations [around the holy territory of Mecca] that shari‘a has specifically fixed for putting on the ihram.

b. Circumambulating (tawaf) around the Ka‘ba seven times.

c. The salat of tawaf.

d. Sa‘i (i.e., brisk walking) between the hills of Safa and Marwa seven times.

e. Taqsir: cutting off a little bit of your hair or cutting the nail.

127. The obligatory acts of hajj tamattu‘ are thirteen as follows:

a. Putting on the ihram from Mecca.

b. Staying in ‘Arafat on the 9th of Dhu ’l-Hijja.

c. Staying a part of the night (eve of 10th Dhu ’l-Hijja) until sunrise in Muzdalifa.

d. Stoning the smaller pillar in Mina on the day of ‘Eid (i.e., 10th of Dhu ’l-Hijja).

e. Sacrificing an animal in Mina on the day of ‘Eid or during the days of tashriq [i.e., 11th to 13th of Dhu ’l-Hijja].

f. Shaving one’s head or doing taqsir in Mina. By doing this, the pilgrim is free from the restrictions of ihram, except the use of perfume and sexual contact with women. Based on obligatory precaution, the restriction of hunting continues even after shaving or taqsir.

g. Tawaf of Ziyarat seven times after returning to Mecca.

h. Salat of Tawaf.

i. Sa‘i between Safa and Marwa seven times. With this, the restriction of using perfume is also lifted.

j. Tawaf of Nisa’ seven times.

k. Salat of Tawat of Nisa’. With this, sexual contact with women becomes permissible.

l. Staying during over night in Mina on the eve of 11th and 12th Dhu ’l-hijja. And also, under some circumstance, the eve of 13th Dhu ’l-hijja.

m. Stoning the three pillars in Mina on the 11th and the 12th of Dhu ’l-hijja. And also, under some circumstance, on the day of 13th Dhu ’l-hijja.

Questions and Answers

128. Question: Is it permissible to put on the ihram for hajj from the city of Jeddah? If it is not permissible, what should one do since the plane lands in Jeddah?

Answer: Jeddah is neither a miqat nor parallel to any of the miqats; therefore, it is not in order to put on the ihram from there for ‘umrah or hajj. However, if one knows that between Jeddah and the Haram [the holy territory around Mecca], there is a place which is parallel to one of the miqats -this is not improbable, if one looks for a parallel of Juhfah- he can put on the ihram from there by offering nadhr. [Nadhr means making a vow in the name of Allah that he will put on the ihram from place x.]

129. Question: While shaving the head in Mina, if the pilgrim’s head is injured and blood flows out, what should he do in that case? And what are the implications [as far as penalty is concerned]?

Answer: If the injury was not intentional, there is nothing upon him.

130. Question: It is recommended to perform hajj every year. However, there are many poor Muslims who are in dire need of food and clothing in various Muslim countries. If it comes to making a choice between spending the money for hajj repeatedly or ziyarat (pilgrimage to the shrine of one of the Infallibles [a.s.]) and between giving in charity for those believers-which is more meritorious?

Answer: In principle, helping those needy Muslims is better than a recommended hajj or ziyarat of the holy shrines. However, at times the hajj or the ziyarat is associated with certain other issues that can elevate them to the same or even higher status of virtue.

131. Question: The Kingdom of Saudi Arabia assigns the places for pilgrims in ‘Arafat and Mina. We do not know whether or not those appointed places are within the boundaries required by the shari‘a? Are we obliged to inquire and ask about the matter?

Answer: If it is within the known boundaries and the signs that are normally known for religious rites from generation to generation, it is not necessary to inquire about it.

132. Question: It has been said that some parts or the entire area of slaughtering in Mina is outside the boundary. Is it therefore obligatory upon us to ascertains the fact before the slaughtering? Knowing that ascertaining about one area and then going towards the other and again ascertaining about it is a difficult task, especially on the day of Eid, as you yourself know, where the time is also a factor. So what is the solution?

Answer: It is obligatory to ascertain in order to do the slaughtering inside Mina. If it is not possible because of overcrowding in Mina, it is permissible to do it in the valley of Muhassar. Moreover, the timing of slaughtering is not restricted to the day of Eid; it can be done till the last day of the days of tashriq [i.e., till the 13th of Dhu ’l-Hijja].

133. Question: Pilgrims are faced with one more problem regarding slaughtering, which poses more of a mental anguish: the animals slaughtered [in Mina] are wasted in spite of the fact that there are many poor people amongst us spread all over the Muslim countries who go without tasting meat for days! So is it acceptable for us to do the slaughtering in our own cities; or is there a religious solution that you can suggest for the people?

Answer: It is necessary to fulfill the religious duty by doing the slaughtering in Mina. As for the sin of wasting the meat of the animals slaughtered, if it actually happens, it is on the shoulders of the authorities in charge.

134. Question: If the exam schedule for a student conflicts with the timing of the hajj, is it permissible for him to postpone the hajj that year especially if the exam was very important for him?

Answer: If he is sure that he will be able to perform hajj in the following year, it is permissible for him to postpone it; otherwise, it is not permissible. However, if postponing the exam will cause difficulty to such an extent that it is normally unbearable, it is not obligatory on him to perform hajj that year.

135. Question: A person on whom hajj had become obligatory but he has not yet fulfilled it-is such a person allowed to go for ‘umrah in the month of Rajab? What if hajj became obligatory on him in Ramadhan, can he go for ‘umrah [before performing hajj]?

Answer: The ‘umrah mufrada (minor pilgrimage done off-season) is permissible for him. However, if going to ‘umrah would financially prevent him from going for hajj, then it is not permissible for him to do ‘umrah.

136. Question: A single young man has become capable to perform hajj; he is also thinking about marriage. Now if he goes for hajj, his marriage ceremony will be delayed for a while. Which of the two is preferable [marriage or pilgrimage]?

Answer: He should perform the hajj and postpone the marriage unless postponing the marriage entails difficulty to the extent that it becomes unbearable. And Allah knows the best.

Notes

1. Tafsilu Wasa'ili 'sh-Shi'a, vol. 1, p. 20.

2. Ibid, vol. 11, p. 23.

3. Ibid, p. 22.

4. Ibid, p. 28.

5. Shaykh as-Sadûq, Muhammad bin 'Ali Ibn Babwayh, Man La Yahdhuruhu 'l-Faqih, vol. 4, p. 266.

Death related issues

Introduction

Almighty Allah says in the Qur’an:

“Every person is going to taste death, and you shall only be paid fully your reward on the resurrection day; then whoever is removed far away from the fire and is made to enter the garden, he indeed has attained the object; and the life of this world is nothing but a provision of vanities.” (3:185).

He also said,

“And no one knows what he shall earn on the morrow; and no one knows in what land he shall die; surely Allah is Knowing, Aware.” (31:34).

General Rules

Here are some rules in brief concerning the dying person, washing of the corpse and its shrouding, and burial procedure.1

Before Death

137. It’s a matter of obligatory precaution that one should move the dying person in the direction of the qiblah during the last moments of his life. This is to be done by placing him on his back with his feet pointing towards the qiblah as though if he sits up, his face would be facing in that direction.

It is recommended to read and ask the dying person to repeat the testament of belief (shahada) concerning the Oneness of God and the faith in Prophet Muhammad (s.a.w.) and the Imams (a.s.).

138. It is recommended to close the eyes of the dead person, their mouth, stretch their arms along their sides, straighten their legs, cover the body with a sheet of cloth, recite the Qur’an, and light up the room in which they lived. It is disliked to leave the corpse alone.

Ablution (Ghusl) for the Corpse

139. After getting rid of the impure (najis) elements that are on the body of the dead person (e.g., blood, semen, etc.), the corpse has to be given three ablutions as follows:

a. First wash it with sidr water. That is, water to which a little of sidr has been added.2

b. The second wash is with camphour water. That is, water to which a little bit of camphour has been added.

c. The third wash is with pure water.

If sidr is not available, then it is precautionarily obligatory to wash the corpse with pure water instead. Similarly, if camphour is not available, it is precautionarily obligatory to wash it with pure water instead. Then it should be washed the third time with pure water. In such a case, after the three washings, one tayammum should be performed on the corpse.

140. It is necessary that the ablution given to the corpse be of the tartibi kind: that is, the body should be washed in proper sequence with the head and the neck first, then the right side of the body, and then the left side.

141. The person washing the corpse must be of the same gender as the dead person. So, a male should wash a male corpse, and a female should wash a female corpse. However, husband and wife are allowed to perform ablution to one another; although it is better that the washing be done with the body covered with a sheet of cloth.

If a person of the same gender is not available, then, based on obligatory precaution, those of the opposite gender who are mahram to the deceased can perform it. Mahram means those relations with whom marriage is forbidden because of blood relationship or nursing (suckling) relationship or marriage, like brother and sister [or son-in-law and mother-in-law]. However, it is better that the washing be done with the body covered with a sheet of cloth. Unity of gender is not required when giving ablution to a corpse of a child that had not reached the age of discerning the right and wrong.3

142. Based on obligatory precaution, the person performing ablution must be a mu’min. If neither a mu’min of the same gender as the deceased is available nor a mahram [even of the opposite gender], it is permissible that a Muslim of the same gender can wash the deceased.

143. If even a Muslim is not available, then the deceased can be washed by an Ahlul Kitab person [that is, a Jew, a Christian or a Zoroastrian] of the same gender with the condition that the person should first wash himself and then perform ablution to the corpse. If even an Ahlul Kitab person of the same gender is not available, the duty of performing ablution to the corpse is lifted, and the deceased should be buried without it.

Tahnit and Shrouding

144. After giving the ablution, it is wajib to do tahnit. Tahnit means to rub camphour powder (which has maintained its fragrance) on the seven parts of the body that touch the ground in a posture of sajdah: the forehead, the palms, the knees, and feet toes. It is preferable to start tahnit with the forehead and end with the palms.

145. After tahnit, the deceased has to be shrouded in three pieces of cloth as follows:

a. The mi’zar: a piece of cloth [like an apron] that must cover the body between the navel and the knees, based on obligatory precaution.

b. The qamis: a piece of cloth [like a shirt] that must cover the body from the shoulders to mid shank, based on obligatory precaution.

c. The izar: a large sheet of cloth that must cover the entire body. Based on obligatory precaution, it must be long and wide enough so that the top and the bottom parts could be tied [with a string], and the front parts overlap.

The Prayer

146. It is obligatory to say prayer over a deceased Muslim’s body of six years and over. Based on obligatory precaution, prayer should also be said over the body of a child who could do thesalat even if he or she had not yet reached the age of six.

147. The way to conduct prayer on the deceased:

The person praying should recite five takbirs (say “Allahu Akbar”). However, it is preferable that after each takbir he says the following:

After the first takbir, he should say the shahadatayn (declaration of faith in God and Prophet Muhammad).

After the second takbir, he should say the salawat on Prophet Muhammad (s.a.w.) and his progeny (a.s.).

After the third takbir, he should say a prayer for the believing men and women.

After the fourth takbir, he should say a prayer for the deceased.

He should say the fifth takbir and end the salat.

Burial

148. It is necessary to bury the deceased after the salat. Burial is intended to protect the body from wild animals and its smell is contained within so that no one is annoyed by it. The body should be placed on its right side with the face towards the qiblah.

149. It is not permissible to bury a deceased Muslim in the graveyard of non-Muslims, except if a section of that graveyard is specifically reserved for Muslims. Similarly, no non-Muslim can be buried in the graveyard of Muslims.

150. When it is neither possible to get a grave for a deceased Muslim in the graveyard of Muslims, nor transfer the body to a Muslim country for burial in a Muslim graveyard, that deceased Muslim may be buried in the graveyard of non-Muslims.’

151. It has been narrated from the Prophet (s.a.w.) that he said, “No time comes upon the dead person more difficult than the first night [of burial]. Therefore have mercy on your dead ones by giving charity [on their behalf]. If one does not have anything [to give in charity], one of you should pray two rak‘ah for them: in the first rak‘ah, after al-Hamd, recite Ayatu ’l-kursi; and in the second rak‘ah, after al-Hamd, recite surah al-Qadr ten times. After salam, say: ‘Allah humma salli ‘ala Muhammadin wa Ali Muhammad, wab‘ath thawabaha ila qabri fulan;’4 and name the deceased person [instead of fulan].”5

Question and Answers

152. Question: In some non-Muslim countries, the corpse is placed in a coffin and then buried in the grave. What is our duty in such a situation?

Answer: There is no problem in placing the corpse in a coffin when burying him in the ground. However, the religious requirements of burial must be fulfilled; and one of those requirements is that the corpse be placed on its right side with the face towards the qiblah.

153. Question: A Muslim died in a non-Muslim city that has no Muslim graveyard; and although it is possible to transfer the body to a Muslim country for burial but the cost of transportation is exorbitant-is this a sufficient [reason] for burying the body in the graveyard of non-Muslims?

Answer: This is not a sufficient [reason].

154. Question: A Muslim dies in a non-Muslim city that has no Muslim graveyard and the family of the deceased cannot transfer the body to a Muslim country because it cannot afford the cost of transportation. In such cases, is it obligatory upon the Islamic centers that are responsible for Muslims’ affairs to provide the cost of transportation? And is this obligatory upon the Muslims who reside in that city?

Answer: If burying the deceased in an appropriate grave in that same city or other city (excluding non-Muslim graveyards) depends on spending some money, and neither has he left any estate that can pay for it nor are the heirs capable of providing for it-then it is wajib kifa’i upon the Muslims to provide for it. And it is permissible to count it from the religious or charitable dues applicable to him.

155. Question: When there is no heir for a deceased Muslim person in the foreign land, who should take charge of his burial?

Answer: If it is not possible to contact his heir and ask his consent in handling the burial procedures, the requirement of consent is lifted and it becomes obligatory, on basis of wajib kifa’i,on the Muslims to handle the burial.

156. Question: From where should the expenses of transportation to a Muslim country and burial come, if it is not possible to bury a Muslim in the city in which he died because there is no Muslim graveyard? Should these expenses come from the estate of the deceased before dividing it amongst the heirs? Or from the one-third [of the estate] if he has specified that? Or from other sources?

Answer: The expenses of burying a dead body in a place appropriate for it comes from the estate [before its distribution among the heirs] if he did not make a will specifying that it be taken from the one-third. Otherwise [if he made a will regarding the one-third], it should come out of it.

157. Question: The Muslim communities in non-Muslim countries are increasing day by day. Knowing the fact that a deceased Muslim will one day be buried in the graveyard of non-Muslims either because of lack of funds available to the family to send the dead body to Muslim countries for burial or because of negligence; so, is it obligatory, as a matter of wajib kifa’i, upon the capable Muslims to buy a graveyard for the Muslims?

Answer: Burying a deceased Muslim in a place appropriate to his status (other than non-Muslim graveyards) is an obligation of the heir just like other obligatory deeds connected with the burial procedures. And if the deceased has no heir or the heir is refusing to fulfill his duty or is not capable, it is obligatory, on the basis of kifa’i, upon other Muslims [to bury the deceased in an appropriate place]. And if fulfilling this wajib kifa’i duty depends on acquiring a piece of land in advance by purchase or other means, it is obligatory to try and acquire it in advance.

158. Question: What is preferable: burying a dead Muslim in an Islamic cemetery in a non-Muslim city in which he died or transferring the dead body to a Muslim city which entails exorbitant expenses?

Answer: It is preferable to transfer the dead to any holy shrines or other recommended places if there is a donor who can bear the expenses -from the heirs or others- or if the one-third of his estate which he has endowed for religious charity, would suffice for that purpose. And Allah knows the best.

159. Question: If transferring a deceased Muslim to Muslim countries entails great difficulty, is it permissible to bury the body in cemeteries of non-Muslims from among the followers of the revealed religions [that is, Ahlul Kitab]?

Answer: It is not permissible to bury a Muslim in cemeteries of non-Muslims, except if that is the only choice because necessity knows no laws.

Notes

1. For further details, see Sayyid as-Sistani, Minhaju 's-Saliheen, vol. 1, p. 95 ff.; as-Sistani, al-Masa'ilu 'l-Muntakhaba, p. 50 ff.

2. Translator's Note: Sidr is name of a lotus tree; "sidr water" means the water to which sidr leaves have been added.

3. Translator's Note: The age of discerning right and wrong (tamyiz) is different from the age of maturity (bulûgh). The latter is 9 for girls and 15 for boys but the former could be at five or six.

4. "O Allah, send Your blessings upon Muhammad and the Family of Muhammad, and send the reward of this prayer to the grave of x."

5. Sayyid as-Sistani, al-Masa'ilu 'l-Muntakhaba, p. 63.