Why a Robber’s Funeral Prayers (Janaza) Is Not Performed

Dar al-Ifta Ahl al-Sunnah

Mufti Abū Muḥammad ‘Ali Aṣghar ‘Attāri Madani

1. Why a robber’s funeral prayer (janāza) is not performed

Q: What do the scholars of Islam say in regard to the following: We have come across a ruling which states that a robber will not have a funeral prayer if he is killed during the robbery. What is the reason behind this?

A:

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ

The pristine system of Islamic law, the shari’ah, seeks to protect human life, wealth, and dignity. It delineates rights and ensures fair and just treatment for all. To protect these rights, Islamic law prescribes legal punishments for those who infringe them. It further establishes rights for all social spheres and demographics, from national to citizen level. These collectively work to engender peace, prosperity, and felicity.

Robbery disturbs the social fabric, erodes communal peace, and offers nothing but detriment to Muslims. Their manner of living, sense of security, and assets are adversely affected by this. It can also catalyse a potential downward spiral in societal values. In the Quran, Allah has condemned those who spread discord, with robbery being a major source of this. Those who take part in this evil are not to be empathised with. The penalties meted out to them by the shari’ah are prescribed to deter others.

After this brief preamble, bear in mind there are two categories of deceased robbers:

1.   Those killed in fighting during a robbery

2.   Those arrested during a robbery, who go on to die later from punishment or natural causes.

In regard to the first category, the manuals of Islamic law mention such a robber will not have the privilege of a funeral prayer, as that entails honouring the robber through supplications for him, whereas the shari’ah seeks to reproach and dishonour the robber, as a deterrent for others. Seeing this firm, but fair, treatment will discourage others from committing robbery.

Robbers spread corruption and discord on Earth:

” (البغاۃ و قطاع الطریق لا یصلی علیھم)لانھم یسعون فی الارض فساداقال تعالی فی حقھم ”ذلِكَ لَهُمْ خِزْىٌ فِى الدُّنْيَا “و الصلاۃ شفاعۃ فلا یستحقونھا“

“The funeral prayer of a rebel or robber will not be offered, as they sought to spread discord on Earth. Allah says about them: ‘This is their disgrace in the world’. The funeral prayer is also intercession, and they are not deserving of that.”^[1]

In regard to the second category, i.e., robbers who did not die during a robbery or theft, they will go through the regular funerary rites, such as the funerary bath and funeral prayer. This applies to those who died from punishment, natural causes in jail, or any other scenario.^[2]  

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

2. What to do if salah time passes whilst you are praying

Q: What do the scholars of Islam say about the following: Someone began offering Zuhr salah thinking enough time was still remaining. After completion, he came to know the time of salah had passed. Is his salah valid or must he repeat it?

A:

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ

If the person began salah during Zuhr (by performing takbīr taḥrīma) but its time ended before he could offer the conclusional salām, the salah is valid as per the statements of the noble Jurists of Islam. This does not apply to Fajr, Jumuʿa, and the two Eid prayers; these would not be valid.

If the time for Zuhr salah has elapsed entirely, but a person begins praying thinking there is still time remaining for it, his salah is still considered valid because a missed salah is valid when offered with the intention of performing a salah on time, and contrariwise according to the explanations of the noble Jurists.

This is the answer to the question posed by the inquirer. In the same scenario, if the person misses salah out of pure negligence rather than error, he must also repent from this sin.^[3]

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم