Ask Mufti a Question

Question and answers session by Mufti Abdul Qadir Peeraye at Quatre Bornes Sunnee
Masjid.
Session: Wednesday 03 Nov 2021
Series 001
Question 1.
Mufti saahab, My question is very simple. When Rasulullah (salallahoualaihiwassallam)
was still among the Arabs, what were the questions put to deceased in their qabr? Jazaak
Allah
Answer:
Questions to Pious Soul
Narrated Al-Bara' ibn Azib:
We went out with the Messenger of Allah (‫ )ﷺ‬accompanying the bier of a man of the
Ansar. When we reached his grave, it was not yet dug. So the Messenger of Allah (‫ )ﷺ‬sat
down and we also sat down around him as if birds were over our heads. He had in his hand
a stick with which he was scratching the ground. He then raised his head and said: Seek
refuge with Allah from the punishment in the grave. He said it twice or thrice. He hears the
beat of their sandals when they go back, and at that moment two angels will come to him,
make him sit up and ask him:
Who is your Lord?
He will reply: My Lord is Allah.
They will ask him: What is your religion?
He will reply: My religion is Islam.
They will ask him: What is your opinion about the man who was sent on a mission among
you?
He will reply: He is the Messenger of Allah (‫)ﷺ‬.
They will ask: Who made you aware of this?
He will reply: I read Allah's Book, believed in it, and considered it true; which is verified by
Allah's words: "Allah's Book, believed in it, and considered it true, which is verified by
Allah's words: "Allah establishes those who believe with the word that stands firm in this
world and the next."
Then a crier will call from Heaven: My servant has spoken the truth, so spread a bed for him
from Paradise, clothe him from Paradise, and open a door for him into Paradise. So some of
its air and perfume will come to him, and a space will be made for him as far as the eye can
see.
Sunan Abu Dawood, Kitab Al-Sunnah, hadith-4753. Classed as Sahih by Shaykh Albani.
Questions to Bad Soul
Prophet Muhammad ‫ ﷺ‬said: His spirit will be restored to his body, two angels will come
to him, make him sit up and ask him:
Who is your Lord?
He will reply: Alas, alas! I do not know.
They will ask him: What is your religion?
He will reply: Alas, alas! I do not know.
They will ask: Who was the man who was sent on a mission among you?
He will reply: Alas, alas! I do not know; but I used to say what the people used to say.
So they (Angels) will say to him, "Neither did you know nor did you take the guidance (by
reciting the Qur'an)."
Then a crier will call from Heaven: He has lied, so spread a bed for him from Hell, clothe him
from Hell, and open for him a door into Hell. Then some of its heat and pestilential wind will
come to him, and his grave will be compressed, so that his ribs will be crushed together.
One who is blind and dumb will then be placed in charge of him, having a sledge-hammer
such that if a mountain were struck with it, it would become dust. He will give him a blow
with it which will be heard by everything between the east and the west except by men and
jinn, and he will become dust. Then his spirit will be restored to him.
Sunan Abu Dawood, Kitab Al-Sunnah, hadith-4753. Classed as Sahih by Shaykh Albani. Sahih
al-Bukhari, Book of Funerals (Al-Janaa'iz), hadith-1374.
Note: The basic questions in the grave will be three but because their will be one more
question after the third question, the article has been named so and also because most of
the peoples are unaware of the fourth question.
According to Ahlu Sunnah, Munkar and Nakir ask the person who has died about his Lord,
religion and prophet. A believer answers those questions but an unbeliever cannot. There
are a lot of hadiths regarding the issue. Those two angels go to the grave of the dead, revive
him and ask the questions. (Pazdawi, "Ehl-i Sünnet Akâidi" Trns., Şerafettin Gölcük, İstanbul
1980, 237).
From Abu Hurayra; Hazrat Prophet (pbuh) was reported to have said the following:
"When a dead body is buried, two jet-black angels with blue eyes come. One of them is
called Munkar and the other Nakir.
They ask the dead person, what do you say about this man (the Messenger of Allah)? He
says what he used to say when he was alive; "He is the slave and messenger of Allah. I
witness that there is no god but Allah and I witness that Muhammad (pbuh) is His slave and
messenger. The angels say; "We already knew that you said it. Then his grave is expanded
seventy times seventy ziras (1 zira = 75 cm) and illuminated. Then, he is told to lie down. He
turns to them and asks; shall I return and inform my family? They say, sleep like the sleep of
a groom that will nobody will wake except the person that he loves most. Thus, he sleeps in
the place he is lying down until Almighty Allah revives him.
If he is a munafiq (hypocrite), he will say, "I would hear what people say and would repeat
it. I dont know. The angels will say, we already knew you would say that Then they say to
the earth, squeeze him. The earth squeezes him and his ribs become intertwined. He is
tortured in that place until Allah revives him." (Tirmizi, Janaiz, 70)
In almost all of the creed books, Munkar and Nakir, and the questions they ask the dead
person in the grave are mentioned. In the Quran, the names of those two angels are not
mentioned; there is no statement in the Quran expressing that the dead person will be
questioned in the grave, either. However, Ahlu Sunnah scholars accept that some verses
indicate it and some verses are completely related to the questioning in the grave. The
following is stated in the Aqaid of Omar Nasafi: "The questioning by Munkar and Nakir is
definite in the Book (the Quran) and Sunnah."
It is stated that the hereafter mentioned in the following verse is the grave and the firm
word is the word of witness" (kalima shahadah): Allah will establish in strength those who
believe, with the Word that stands firm, in this world and in the Hereafter; but Allah will
leave to stray those who do wrong: Allah doeth what He willeth". (Ibrahim 14/27) Ibn Majah
says the following in his Sunan:
This verse " Allah will establish in strength those who believe, with the Word that stands
firm " was sent down about the questioning in the grave. The dead person will be asked in
the grave; "Who is your Lord?" He will answer: "My Lord is Allah; my Prophet is Muhammad
(pbuh). Thus, the answer of the dead believer is the expression of the verse; "Allah will
establish in strength those who believe, with the Word that stands firm” (Ibn Majah, Zuhd,
32; In addition, see Bukhari, Tafsir, Chapter, 14).
That hadith is narrated in all of the famous six hadith books. In some narrations, the number
of the questions is increased to three as follows: "Who is your Lord, what is your religion,
who is your prophet?"
It is stated in tafsir (interpretation) books that the following verse is also about the
questioning in the grave and grave torture: " In front of the Fire will they be brought,
morning and evening: and (the Sentence will be) on the Day that Judgment will be
established: "Cast ye the People of Pharaoh into the severest Penalty!" (al-Mu'min, 40/46)
(Ibn Kathir, "Tafsiru'l-Qur'ani'l-Azim", tafsir of 40/46).
There are a lot of hadiths about the questions of Munkar and Nakir in the grave. Although
those ahad (reported by only one person) hadiths do not reach the state of tawatur
(multiplicity of the sources of a certain report that leads to certitude in the listener that the
report is indeed true) in terms of the words, the fact that there are a lot of hadiths regarding
the issue raises the issue to the level of tawatur. (Haşiyetü'l-Kesteli alâ Şerhi'l-Akâid, İstanbul
1973, 133, 134).
In some of those hadiths, it is mentioned that the dead person will be questioned but no
angel is mentioned:
"The dead person is put into the grave. If he is a good person, he is placed in the grave
without anxiety or fear. Then, he is asked; "What was your religion?". He answers; "I was in
the religion of Islam". Then, he is asked; "Who is that man (the Messenger of Allah (pbuh)?".
He says; "He is Muhammad (pbuh), the Messenger of Allah. He brought us obvious verses
from Allah; and we approved him. Then they ask him;Have you seen Allah? He says:
"Nobody is worthy of seeing Allah." After those questions and answers, a window on the
side of the fire is opened. When the dead person looks at it, he sees that the flames of the
fire try to beat one another. Then, he is told; "Look at the fire that Allah protected you from.
Then a window on the side of Paradise is opened. This time, he looks at the ornaments and
bounties of Paradise. He is told; "That place is your position; then, he is told; "You were on a
sincere belief, you died on that sound belief and inshaallah (God willing) you will be revived
on that belief." (Ibn Majah, Zuhd, 32).
As it is seen, in the hadith above, no angel is mentioned; only the questioning in grave is
mentioned. In another hadith, it is stated that there is an angel that will question the dead
but the name of that angel is not mentioned:
"This umma (community) will be questioned in the grave. When the dead person is buried
and his friends leave him, an angel holding a mace will come, will make him sit and ask;
"What do you say about this man (the Messenger of Allah)? If the dead person is a believer,
he will say, "I witness that there is no god but Allah and that Muhammad (pbuh) is His slave
and Messenger. The angel will say; "You told the truth." (Ahmad Ibn Hanbal, Musnad, III, 3,
40).
In the Abu Hurayra hadith mentioned earlier, two questioning angels are mentioned and it is
stated that one of them is called Munkar and the other Nakir.
According to Ahlu Sunnah, it is true that Munkar and Nakir will question the dead. The
squeezing of the grave is true. It is for all of the unbelievers and some disobedient
Muslims. (Imam Azam, "al-Fiqh al-Akbar", trns. H. Basrî Çantay, Ankara 1985, p. 14).
So before Prophet Muhammad (S), the same three questions were asked. The first two
answers were the same but only the 3rd question was related to the Prophetic era in
which the person lived in.

Question 2.
Eski li permission pu ene madame mett ittar ek sorti en dehor, parmi dimounes?
Answer:
Al-Jawab Billahi At-Taufeeq (the answer with Allah’s guidance)
Yes, it will be permissible for women to apply fragrances etc, in the presence of
their husband.
However, it is not permitted for women to go out wearing perfume, because the
Messenger of Allah (Sallallahu Alaihi Wasallam) firmly forbade it in rigorously
authenticated Hadiths. Deodorant, shampoos, creams etc, that have a light scent –
such that it isn’t obviously knowing to others unless they get really close, are
permitted; however, women should avoid heavily scented personal care products.
1. Allah’s Messenger (Sallallaahu Alayhi Wasallam) said, “The perfume for men is the
fragrance is apparent but the colour is hidden, and the perfume for women is the
colour is apparent but the fragrance is hidden.” (Mishkaat Hadith4443)
2. Allah’s Messenger (Sallallaahu Alayhi Wasallam) said: Every eye is lustful and when
a woman applies perfume and then goes about in an assembly; she is like such and
such, i.e. an adulteress. (Mishkat Hadith1065)
3. The Prophet (Sallallaahu Alayhi Wasallam) said: If a woman applies perfume, she
must not attend the night prayer with us. Ibn Nufayl said: Isha’ means night prayer.
(Abu Dawud Hadith4163)
4. Narrator: Abu Hurayra – A woman met him and he found the fragrance of perfume
in her. Her clothes were fluttering in the air. He said: O maid-servant of the Almighty,
are you coming from the mosque? She replied:
Yes. He said: You used perfume? She replied: Yes. He said: I heard my beloved
AbulQasim (Sallallaahu Alayhi Wasallam) say: The prayer of a woman who uses
perfume is not accepted until she returns and takes a bath likethat of sexual
defilement. (Abu Dawud4162)
5. The Prophet (Sallallaahu Alayhi Wasallam) said: If a woman uses perfume and
passes the people so that they may get its fragrance, she is so-and-so, meaning
severe remarks. (Abu Dawud Hadith4161)
6. The Prophet (Sallallaahu Alayhi Wasallam) said: I do not ride on purple, or wear a
garment dyed with saffron, or wear shirt hemmed with silk.
Pointing to the collar of his shirt al-Hasan (al-Basri) said: The perfume used by men
should have fragrance but no colour, and the perfume used by women should have a
colour but no odour. Sa’id said: I think he said: They interpreted his tradition about
perfume used by women as applying when she comes out. But when she is with her
husband, she may use any perfume she wishes. (Abu Dawud Hadith4037)
In principle, both men and women can wear perfume.
Generally, ladies were interdicted from perfuming themselves before leaving the
home. The Messenger of Allah, Allah blesses him and gives him peace, said, “The
perfume of men is a scent without color, and the perfume of women is colored
without scent.” (Abu Dawud) Scents of color were perhaps something specific to
their time, but the important part is the idea of manifest smell.
Mulla ‘Ali al-Qari, the famed Afgani polymath, writes in explanation of this tradition
(hadith) that women aren’t permitted to wear fragrant scents when leaving the
home, namely, if doing so will attract the undue attention of the opposite gender.
The reason for this is that such unwarranted attention goes against the meaning of
concealing one’s beauty or adornment in public settings. Allah Most High says, “And
tell the believing women to lower their gaze and guard their chastity, and not to
reveal their adornments except what normally appears.” (Sura al-Nur 24:31)
Similarly, when it comes to personal care products and the like, such as strong
smelling detergents, the same ruling would generally apply. But in situations where
you won’t be around any unrelated men, such as whilst on a family picnic in a
secluded spot, it’s fine to wear such scents even if you’re leaving the home.
As for merely making yourself smell customarily pleasant and normal, in a manner
which clearly doesn’t invoke the undue attention of the opposite gender, this is
acceptable. But you should err on the side of caution lest you fall into religiously
problematic territory, namely, dislikedness (karaha) at the very least.
There is somewhat of a fine line between not smelling unpleasant, by regular
personal upkeep and the like, and adorning oneself beyond the need. Accordingly,
each person should follow the prophetic advice to honestly “seek a ruling from your
heart.” Usually, the scholars were firm on this issue with some even listing it among
the enormities, given the emphatic warnings against it, so it’s good to exercise a little
restraint.
As for men, the basis is that their perfume is noticeable, as understood from the
earlier tradition and many other statements of the Prophet, Allah bless him and give
him peace. He once remarked, “Four things are from the way of the prophets:
modesty, perfume, the tooth-stick and marriage.” (Tirmidhi) Rulings are based on the
normative case and not the exception, and here, it is women who have been called
upon to be more reserved in their displays of adornment in public.
There are many rulings which assign a certain duty to men or women for one reason
or another, or in a similar fashion, limit something, and what we should strive to
realize is our servitude in this temporary life, whilst acknowledging that the Sacred
Law is full of wisdom, even if we don’t seem to perceive it.
(Qari, Mirqat al-Mafatih Sharh al-Mishkat; Ibn ‘Ashur, al-Tahrir wa al-Tanwir)

Question 3.
Ene jeune dame in perdi so missier, ene mama in perdi so jeune garson. Si,
accompaner de ene mahram, zot debouter lor ene sentier kot zot truv sa marhoum
la so qabar ek zot lire. Zot essay controler mais ena fois zis larmes couler. Eski li ene
guna pu al lor sa sentier la kot zot kpv truv qabar la?
Answer:
With respect to women visiting the cemetery, there are three famous opinions of the
Fuqaha (jurists) and scholars.
The first opinion is that it is generally permissible for women to visit the graveyard.
This allowance is on account of the tradition of the Prophet (SA) in which he said, ‘I
used to prohibit you from visiting the graveyard, but now you can visit it. (Musnad
ahmad). Those scholars who allow this, state that the above tradition includes the
permission for women also (to visit the cemetery) as it is for men. The great jurist
Shamsul A’imma Saraks; has preferred this. (Al Fatawa Hindiyah).
The second opinion of some jurists is that it is not permissible (at all) for women to
visit the cemetery, since the Prophet (SA) has cursed those women who visit the
cemetery. As for the previous narration, these scholars state that the address is given
only to men, not women.
The third opinion of some jurists (which is generally accepted and practiced upon) is
that, if by visiting the cemetery, women begin to cry, weep, wail and become
uncontrollable, then it is haram for them to go to the cemetery, and it is on account
of this behaviour, the Prophet (SA) cursed such women as mentioned in the above
tradition. However, if the purpose of going to the cemetery is to take a lesson, and
remember death and the hereafter, (and there is no possibility of crying and wailing),
then it will be allowed for the older women, wearing their proper garb, to visit the
cemetery, and not the young women.
As mentioned by these scholars, the allowance for these women to visit the
cemetery is based on the narration which states that Aisha (RA) used to visit the
graves of the Prophet(SA), Abu Bakr and Umar (RA). (Hashiya Jamiul Masaaneed wa
As Sunan). (Kitabul Fatawa vol.3 pg.228; Marghoobul Fatawa vol.3pg.317).
Based on the above third opinion, if the women (as specified above) wish to visit the
cemetery, there is no fixed amount of days which must be passed in order for them
to do so. However, due to the fact that women are soft by nature, if they go to the
graveyard at a time that is close to the burial, then it is feared that they may cry
loudly, and may become emotional, since the death of the person may still be fresh
in their minds. Hence, it is best for them to allow a few days to past, when they have
settled down a bit
In the Fatawa al-Hindiyya, considered one of the foremost references for fatwa in
the Hanafi school, it says,
"The scholars differed about women visiting graves. al-Sarakhsi (Allah have mercy on
him) said that the soundest position is that it is not wrong." (5: 350)
In al-Sarakhsi's own al-Mabsut, he says,
"The soundest opinion in our school is that the dispensation (to visit graves) is
present for both men and women, because it has been related that `A'isha (Allah be
pleased with her) used to visit the grave of the Messenger of Allah (Allah bless him
and give him peace) at all times, and that when she went on Hajj she visited the
grave of her brother Abd al-Rahman (Allah be pleased with him)..." (24: 10)
This is confirmed by Ibn Nujaym in his al-Bahr al-Ra'iq.Ibn Abidin said in his
supercommentary on this work, al-Ramli said, "As for women, if they visit graves to
renew their sorrows, or to cry and wail, as is the customary practice of many, it is not
allowed for them to visit graves. This is how the Prophetic hadith that, "Allah has
cursed women who visit graves," is understood. As for if they visit for contemplation,
compassion, and seeking baraka by visiting the graves of the righteous, then it is not
wrong if they are elderly. It is disliked if they are young [f: and there is fear of fitna
from their attending....] (Ibn Abidin, Minhat al-Khaliq Hashiyat al-Bahr al-Ra'iq, 2:
210)
Among that which shows that women's visiting graves is not unlawful is the hadith
narrated by Anas (Allah be pleased with him) that, "The Prophet (Allah bless him and
give him peace) passed by a woman who was crying by a grave. He said, 'Fear Allah
and be patient.'" (Reported by Bukhari and Muslim) The permissibility is understood,
as the fuqaha tell us because he did not forbid her from visiting the grave, and had it
been unlawful it would have been obligatory for the Prophet (Allah bless him and
give him peace) to forbid her.
The issue of women visiting graveyards has been a matter of dispute amongst the
scholars due to the variant interpretations of the Ahādeeth in this regard. According
to the Hanafi School, it is permissible for women to visit the graveyards with the
intention of reminding oneself of the Hereafter or visiting their deceased relative.
The supporting Ahādeeth on the Hanafi position are as follows;
It is reported from Sayyidah Ā’isha radhiyallahu anha in a lengthy Hadeeth where she
enquired from the Messenger of Allāh sallallahu alayhi wasallam of what supplication
should be recited when visiting graves? He taught her, “Peace be upon you O the
abode of the believers and what you were promised tomorrow has come quickly and
we will meet you if Allāh Wills”.
The fact that the Noble Prophet sallallahu alayhi wasallam taught her the
supplication when entering the graveyards and did not reprimand her suggests that
they are permitted to visit it. In the next Hadeeth she visits her brother’s grave.
When Sayyidah Ā’isha radhiyallahu anha heard of the death of her brother,
Sayyidunā Abdur Rahmān Ibn Abi Bakr radhiyallahu anhu then upon arriving in
Makkah she proceeded to visit his grave (where he was buried).
Sayyidunā Anas Ibn Mālik radhiyallahu anhu relates that the Holy Prophet sallallahu
alayhi wasallam one day passed by a woman crying at a grave. He said to her, “Fear
Allāh and observe patience.” She remarked, “Move away from me as you have not
experienced my calamity.” She did not recognise him and (later) it was said to her
that it was the Holy Prophet sallallahu alayhi wasallam. She came to the Holy
Prophet sallallahu alayhi wasallam (to apologise) and he said to her, “Verily patience
is at the first stroke.”
Had it not been permissible for women to visit graveyards then the Messenger of
Allāh sallallahu alayhi wasallam would surely prohibit her in clear terms, but instead
advised her regarding patience.
Sayyidunā Abdullāh Ibn Masood radhiyallahu anhu relates that the Messenger of
Allāh sallallahu alayhi wasallam said, “I used to prevent you from visiting graves so
now visit them as it will instil austerity for the world and remind you of the
Hereafter.”
Hanafi scholars understood the above ahadeeth in permitting women to visit the
graveyards. Allāmah Haskafi rahimahullah states;
“(And there is nothing wrong in) visiting the graves and even for women due to the
Hadeeth “I used to prevent you from visiting the graves so now visit them.” Another
report includes at the end that visiting the grave reminds you of the Hereafter.
Allāmah Shāmi rahimahullah (a renowned Hanafi Jurist) comments that visiting the
grave is preferable and although some have argued of the prohibition, the correct
view is that permissibility is established for them also.
It is understood from this Hadeeth that the underlying objective of visiting the graves
(be it one’s relatives or otherwise) was to remind oneself of the Hereafter and
eliminate all worldly pleasures. This applies to both men and women.
Having discussed the legality of the issue there certain conditions that women must
follow when entering the graveyards. She must avoid behaving in a manner contrary
to the Islamic teachings such as reviving the old tradition of ignorance such as
wailing, crying and besotting aloud. What should also be considered is that the laws
of Hijab must be maintained when entering the graveyards such as (preferably) they
are accompanied with a mahram, not to freely mix with the non-mahram males and
to be covered properly. Visiting the graves should not be so frequent that is beyond
necessity, otherwise every so often is fine. Innovated customs such as prostrating
before graves, invoking to the dead, Khatams etc are all strictly forbidden and a sin.
Once all of the above conditions are fulfilled then women are allowed to visit
graveyards. Those scholars who do not permit women to visit graveyards base their
argument on the following Hadeeth;
Sayyidunā Abū Hurairah radhiyallahu anhu relates that the Messenger of
Allāh sallallahu alayhi wasallam cursed those women who visit graves (Tirmizi).
This apparently conflicts with the above Ahādeeth that give concession to women.
Imām Tirmizi rahimahullah comments on this Hadeeth;
“Some scholars view this (Hadeeth) to imply before the concession granted by the
Holy Prophet sallallahu alayhi wasallam of visiting graves. When the concession was
given then men and women were also included in this concession. Some have said
that this prohibition is due to their lack of patience and excessive anxiety (when
visiting the graves).”
Imām Tirmizi rahimahullah indicates towards the different interpretation the scholars
have given to this Hadeeth. Therefore, it will not be correct to ban women from
visiting the graves with an unconditional application of the Hadeeth if the Hadeeth
itself is open to different interpretations.
To conclude, it is equally important for women to draw themselves closer to Allāh
Almighty by remembering death and Hereafter and eliminate worldly pleasures like
in the case for men. If this objective can be achieved by visiting the graves then, in
that case, there is no sin upon women visiting graveyards (and at times encouraged)
provided that the above Shar’ee conditions are met.
In your case you are outside the graveyard and also accompanied by a Mehram. It’s
permissible to stand and make Du’a. A tear coming is a good thing during Du’a.

Question 4.
Assalamualaikum. Father in law money is joint account with my husband. Are we
allowed to remove money to contribute for buying a tank for Masjid purpose on the
name of my deceased mum in law? jazakallah
Answer:
In Islam, there are many acts which can lead to immeasurable reward – both today and in
our Hereafter; these acts are commonly referred to as sadaqah jariyah.
Sadaqah jariyah is an act of giving in a way that keeps on giving. For example, if you were to
invest in planting a tree, that tree would then go on to provide shelter for as long as it
stands – meaning you shall receive an ongoing reward for as long as it stands, too.
“Surely the men who give sadaqah and the women who give sadaqah and have advanced a
good loan to Allah SWT; for them it will be multiplied and for them there is a noble reward.”
- The Holy Qur’an (57:18)
Merits of giving water well charity (immense rewards)
Water is indispensable for human survival. Allah the Almighty asserts the importance of
water saying: “And we made every living thing of water” (Qur’an 21:30). According to the
United Nations, every human being is entitled to have access to clean, acceptable and
affordable water. However, there are millions of people around the world lack access to safe
water. Everyday, people in Africa walk miles to get water for their families. Hence, water
well charity (Sadaqah) is of utmost importance to help those people survive. Actually, water
well charity brings considerable benefits to both the donor and the recipient of the charity.
Let’s have a deep look at the merits of giving water well charity.
Self-Purification
Installation of water wells can lead to your purification, as giving water wipes away your
sins. The prophet Muhammed (SAW) said, “A prostitute was forgiven by Allah, because,
passing by a panting dog near a well and seeing that the dog was about to die of thirst, she
took off her shoe, and tying it with her head-cover she drew out some water for it. So, Allah
forgave her because of that” [Bukhari]. This sheds light on the greatness of a simple act like
giving water to an animal. Imagine how your participation in building a well carries immense
rewards for you. With a single donation, you will get rid of sins and purify your soul.
Sadaqah Jariyah (Continuous Charity)
The Prophet Muhammed (SAW) clarified that “When a person dies, all their deeds end
except three: a continuing charity, beneficial knowledge and a child who prays for them.”
Indeed, giving water well charity is the best form of Sadaqah Jariyah (Continuous Charity).
When you make a donation towards building water wells, you will provide the eligible
people with a long-standing service. Accordingly, you will receive continuous rewards and
blessings, as long as those people benefit from your charity. Prophet
Muhammad (SAW) said: “The best charity is giving water to drink”, so giving water is a great
charitable act that brings us closer to Allah (SWT).
A gift for someone passed away
You can build a well in someone else’s name. If you have a dear person who passed away,
you can help him/her gain rewards through building a well in his/her name. The Prophet
(SAW) referred that providing water is the best form of charity. Sa’d ibn Ubadah asked
Messenger of Allah, Umm Sa’d (mother of Sa’d) has died; what form of sadaqah (charity) is
best? He replied: Water (is best). He dug a well and said: It is for Umm Sa’d” [Sunan Abi
Dawud].
Water gives life
According to the World Health Organization, at least 1.8 billion people around the world use
a drinking-water source contaminated with faeces. Contaminated water can cause diseases
such diarrhoea, cholera, dysentery, typhoid and polio. It is estimated that 502.000 die
because of diarrhora every year. So, when provide the eligible people with clean water, you
will save their lives. Thus, building a water well is more than an act of charity, it is way of
saving lives. Allah says in the Qur’an, “And whoever saves one [a life] – it is as if he had
saved all of mankind” (Qur’an, 5:32).
Yes it is permissible with the consent of the second person who was joint in the account.
Question 5.
Assalam alaikum. What are the fiqh related to autopsies for a muslim person. Is it
permissible?
Answer:
A very important and fundamental principle should be remembered with regards to the
human body in that the human body, whether dead or alive, is considered sacred according
to Islam. Thus cutting it, mutilating it and tampering with it in any way is considered
blameworthy and unlawful.
Allah Most High says:
“And verily we have honoured the children of Adam.” (Surah al-Isra, V.70)
A human body is sacred even after death. The Messenger of Allah (Allah bless him & give
him peace) said: “Breaking the bone of a dead person is similar (in sin) to breaking the bone
of a living person”. (Sunan Abu Dawud, Sunan Ibn Majah & Musnad Ahmad)
Imam, Abu Ja’far al-Tahawi (Allah have mercy on him) states in the explanation of this
Hadith:
“The Hadith shows that the bone of a dead person has the same sanctity and honour as the
bone of living person”. (Sharh Mushkil al-Athar)
Allama Ibn Abidin (Allah has mercy on him) states:
“A human being is honoured according to Shariah even if one is a non-believer (kafir), and
the meaning is that one’s body and organs are sacred. Hence, it will not be permissible to
even break the bone of a dead non-believer’s body.” (Radd al-Muhtar)
Thus the human body, dead or alive, has great significance. It is honoured and sacred, and
because of the sanctity that is attached to it, it will be unlawful to tamper with it, cut parts
of it or dishonour it in any way.
Based on this very important principle, many scholars have declared that carrying out post-
mortems is unlawful, because it violates the sanctity of the human body. Cutting and
dissecting the human body cannot be considered permissible regardless of what beneficial
results may stem out from carrying out a post-mortem.
Moreover, in carrying out a post-mortem, the body of the deceased person will be stripped
naked. This, in itself, is also not permitted without a genuine and valid reason, they say.
Also, the body will be denied the many injunctions and rituals prescribed by Shariah, such as
promptly burying it, not transferring it from one place to another, ritual bath (ghusl),
shrouding (kafn), etc.
Due to the above reasons, these contemporary scholars have declared that post-mortems
are unlawful unless when there is a genuine need, such as for criminal identifications and
when one is forced by law.
They state that Muslims, living in places where post-mortems become necessary by law,
should struggle in order to avoid post-mortems, because the benefits can be obtained from
other sources also. However, if one is compelled by law, it would be permitted due to need
and necessity.
On the other hand, some contemporary scholars are somewhat relaxed with the issue of
post-mortems. They put forth examples of Islamic jurisprudence (fiqh) where permission is
given to cut open the dead body due to need. For example:
If a pregnant woman dies with her baby alive in her stomach, it will be necessary to cut
open her body and remove the baby. However, if the baby was also dead, it will not be
permitted to cut open her body. (See: al-Fatawa al-Hindiyya and Fath al-Qadir)
Imam al-Kasani (Allah has mercy on him) states:
“If a pregnant woman died with her child trapped in her stomach, then if it is thought the
child will be alive, her stomach will be cut open, because we have been faced with two evils
and we are choosing the lesser of the two. Cutting open the dead mother’s stomach is lesser
of an evil than killing the living baby.” (Bada’i al-Sana’i, 5/129)
Another example is that of a person who unjustifiably and unlawfully swallowed a precious
item, like a gemstone, of another person and then died. In such a case, if the one whose
precious item he swallowed was to demand compensation, then if the deceased person left
some money behind, it will be paid from his leftover wealth. However, if he left nothing
behind, his body will be cut open and the precious stone or item will be removed from him
and returned to its owner. (See: Fath al-Qadir and al-Fatawa al-Hindiyya)
Thus, in light of the above two examples, this group of scholars give permission for carrying
out post-mortems. They state that, based on the rule of “choosing the lesser of two evils”
post-mortems would be justified even for medical research and scientific purposes.
The reason being-they say- is that in carrying out medical research on few dead bodies, we
are saving the lives of many others. By compromising one aspect (of dishonouring the
human body) there is larger benefit at stake. By carrying out post-mortems, medical
students will benefit, justice will prevail and also contagious diseases will be controlled.
(See: Khalid Sayf Allah Rahmani, Jadid Fiqhi Masa’il, 1/ 203 & others)
In our personal view, we think post-mortems should only be restricted to cases of need,
such as when one is compelled by law for the purpose of criminal identification. However,
carrying out post-mortems for medical research should be avoided, especially when the
objective can be obtained by operating on animals and plastic bodies.
As far as the work of the doctor is concerned, if post-mortem is a legal requirement, then it
would be permitted for him/her to perform the post-mortem. However, if that is not the
case, one should avoid it.
Question 6.
Is Social distancing allowed in prayers?
Answer:
It is prohibitively disliked to leave empty a gap in the row that a person could fit in in normal
circumstances. [Ibn ‘Abidin, Radd al-Muhtar]
Leaving a Sunna is Not Innovation
Even though this is disliked; it is not considered an innovation. Innovation applies to
something newly introduced in the Religion that goes against the teaching of the Qur’an and
the Sunna. [Birgiwi, al-Tariqa al-Muhammadiyya]
Merely leaving out a Sunna is not innovation.

Praying While Social Distancing

However, due to the gravity of the current global health crisis, the great scholars and jurist
of our time, such as Shaykh Khalid Kharsa, Shaykh Hassan Hindi, and Mufti Taha Karaan,
encourage to follow the regulations of social distancing, even if this entails leaving the
Sunna of filling the rows
Islam has placed huge emphasis on standing together in congregational Ṣalāh. Under normal
circumstances, it is strongly disliked to have any gaps within the Ṣufūf (rows).
However, in light of the current pandemic and the Government guidance, adopting a one
metre distance is excused. According to the World Health Organisation, one metre
distancing is safe. Congregational Ṣalāh does not involve sitting face to face so this also
mitigates any potential risks. Therefore, Masjids should adopt one metre distancing along
with all the other necessary precautions and avoid increasing the distance beyond one
metre.
May Allah Almighty remove this pandemic from us so congregational Ṣalāh can be resumed
without any distancing.
‫وسلم عليه هللا صلى هللا رسول قال‬: ‫تذروا وال إخوانكم بأيدي ولينوا الخلل وسدوا المناكب بين وحاذوا الصفوف أقيموا‬
‫ فرجات‬،‫ وصله صفا وصل ومن للشيطان‬،‫ قطعه صفا قطع ومن هللا‬،‫( داود أبو رواه هللا‬٦٦٦)‫۔‬
‫( التبيين في الزيلعي الفخر وقال‬١/١٣٦) ‫( الدرر حاشية في الشرنباللي وحكاه‬١/٠٩): ‫الصالة إلى قاموا إذا للقوم وينبغي‬
‫ في مناكبهم بين ويسووا الخلل ويسدوا يتراصوا أن‬،‫ اإلمام يأمرهم أن بأس وال الصفوف‬،‫والسالم الصالة عليه لقوله بذلك‬:
‫ تمام من الصف تسوية فإن صفوفكم سووا‬،‫والسالم الصالة عليه ولقوله الصالة‬: ‫بين هللا ليخالفن أو صفوفكم لتسون‬
،‫انتهى وجوهكم‬. ‫( القدير فتح في الهمام ابن وقال‬١/٣٥٠): ‫ الصف سنن من نبذة ولنسق‬،‫فيه التراص سننه من تكميال‬
‫فيه واالستواء والصف الصف بين والمقاربة‬. ‫ ص( المراقي حاشية في الطحطاوي وحكاه‬٣٩٦). ‫الدر في الحصكفي وقال‬
‫( المختار‬١/٥٦٥): ‫الشمني قال‬: ‫ ويسووا الخلل ويسدوا يتراصوا بأن يأمرهم أن وينبغي‬،‫انتهى۔ مناكبهم‬
‫ ص( األشباه في نجيم ابن وقال‬٣٣): ‫ يقدر للضرورة أبيح ما‬،‫انتهى بقدرها‬. ‫( البرهاني المحيط في مازة ابن وقال‬١/٥١٣):
‫بالحاجة والثابت‬

Now the situation has changed and it seems to be quite normal. So there is no need to
leave gaps.
Note:
It is obligatory to make the rows straight in prayer.
Part of this straightening is completing the rows and connecting them, and not leaving gaps
between worshippers. Abu Dawood (666) narrated from ‘Abdullah ibn ‘Umar (may Allah be
pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him)
said: “Straighten the rows, stand shoulder to shoulder and fill the gaps; be gentle with their
hands of your brothers, and do not leave gaps for the Shaytaan. Whoever connects a row,
Allah will connect him (with His mercy), and whoever breaks a row, Allah will cut him off
(from His mercy).”
Muslim (430) narrated that Jaabir ibn Samurah (may Allah be pleased with him) said: The
Messenger of Allah (blessings and peace of Allah be upon him) came out to us and said:
“Why do you not make your rows as the angels make their rows in the presence of their
Lord?” We said: O Messenger of Allah, how do the angels make their rows in the presence
of their Lord? He said: “They complete the first rows and they make the rows compact.”
Abu Dawood (671) and an-Nasaa’i (818) narrated from Anas ibn Maalik (may Allah be
pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him)
said: “Fill up the first rows, then the next ones, and if there is any deficiency, let it be in the
last row.”
So,
 It is obligatory to complete the first row, then the next, and if there is any deficiency
in should be in the last row.
 Part of straightening the rows is completing the first row, then the next row; it is not
prescribed to start the second row until after the first row has been completed, and
so on. This is a matter concerning which the fuqaha’ are agreed.
 Based on that, no one should stand in a row when in front of him there is another
row that is deficient or in which there is a gap; rather he should push through the
rows to fill a gap in the rows in front of him.

Question 7.
Is the zikr Ana Al Haq Permitted?
Answer:
The Arabic noun haqq has been translated in many different ways ranging, for
example, from "right", "real" to the Ultimately Real or God and more besides.
As a divine "Name" or "Attribute" it has been frequently used within Sufi mystical and
theosophical writings as a key expression synonymous with the Deity who is the Ultimately
Real, indicative of the main Arabic personal Name of God ‫ هللا‬.hlllA
The term al-Haqq [ḥaqq] = ‫الحق‬
The term [al-] ḥaqq is a masuline Arabic noun meaning (loosely) "Truth", "the Ultimately
Real [Godhead]" though it has various other related theological and non-theological shades
of meaning.
al-Haqq in the Qur'an and select Islamic Traditions

"So elevated be God, the Sovereign (al-malik), the True One (al-haqq)" (Q. 20:114a).
"That is since Allah (God) is al-haqq (the True One), for He indeed enlivens the dead" (Q.
22:6a).
"On that Day, they shall hear the cry [trumpet blast] in Truth (bi'l-haqq)" (Q. 50:42a).
In the Qur'ān al-ḥaqq occurs more than 250 times with various meanings, mostly revolving
around the realization of truth and justice (for details see Hanna Kassis, A Concordance of
the Qur'an, Berkeley, London : Univ. California Press, 1983, pp. 537-542). As an Attribute of
God it often has the sense of `The True One' (al-haqq). It has been regarded as a Divine
Attribute or designation of the Deity as well as a word appropriate to manifestations of
reality or conveyors of 'Truth'. Thousands of comments on the implications and meanings
of the Qur'anic al-haqq as a general or theological term and synonym for God (Allah; see Q.
18:44; 20: 114; 22:6, 63; 23:115, etc), can be found in the massive Islamic Tafsir literatures
of Qur'an commentary extant in Arabic, Persian, Turkish and many other languages.
al-Ḥaqq among the ninety-nine Names of God (asma' Allah) and Commentaries thereon.
al-Haqq is one of the ninety-nine Names of God according to a very well-known tradition of
the Prophet Muhammad transmitted through Abu Hurayra®.
Zikr Ana al-Haq:
So the one who said [al-Ḥallāj]: 'I am the truth' [‫ الحق أنا‬an al-haqq] was wrong, unless it
be taken according to one of two interpretations [ahad al-ta'wilayn], the first of which
being that he means he exists by virtue of the Truth [inna-hu bi'l-haqq]. But this
interpretation is far-fetched [hadha ta`wil ba`id] because the statement does not
communicate it, and because that would hardly be proper only to him, since everything
besides the Truth exists by virtue of the Truth [bal kull shay sawiya al-haqq fa-huwa bi'l-
haqq]. .
On the second interpretation [al-ta'wil], he [al-Ḥall j] is so absorbed [immersed /
engrossed] in the Truth [mustaghriq an bi'l-haqq] that he has no room for anything else.
One may say of what takes over the totality of a thing and absorbs it that one is it [inna-
hu huwa], as the poet says: 'I am [ana] whom I desire, and he whom I desire is I [ana],' and
by that he means that he is absorbed in it [al-istighraq]. Among Sufi groups the name of
God the most high which most often flows from their lips in their statements and during
states of prayer is al-ḥa I ] ... al- ha l trans. - or the Arabic te t on
al- a transliterated above see ha l al-Ma ad al-asn , Beirut, 1982, pp.137-139).
 Zikr of Al haq permitted and abstain from doing zikr Ana al-Haq because it is
doubtful and may lead to misconceptions.
Allah his Messenger(S) knows best.
Asee-o-Faqir
Servant of Islam,
Muhammad Abdul Qadir Peeraye.