Digging Up Old Graves

1. Can old grave be dug out for burying dead body?

Question 1: What have respected Islamic scholars ruled on the following matter? There is a nearby graveyard where the relatives of a person are already buried but it is full, i.e. there is no place to bury any other deceased person over there. However, away from the inhabited area, there is another graveyard where space for burial is available. Is it allowed to dig out a very old grave of any relative in the nearby graveyard and to bury some other relative or a stranger in it?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: To dig out an old grave and to bury another dead body into it is not only desecration [i.e. disrespect for] the already buried body but it is also impermissible and a sin. To say that one’s forefathers are buried in the nearby old graveyard and, for this reason, his other deceased relatives will also be buried in the same old graveyard is not an acceptable excuse. To dig out anyone’s grave, using this excuse as a basis will not be permissible. It is obligatory for all Muslims not to desecrate any deceased by digging out his old grave. Therefore, in the above case, they should bury their deceased relatives in the graveyard located at a distance.  (Fatawa Tatarkhaniyah, vol. 2, pp. 130 - Radd-ul-Muhtar, vol. 3, pp. 138 - Fatawa Razawiyyah, vol. 9, pp. 385).

وَاللہُ  اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ عَلَیْہِ واٰلِہٖ وَسَلَّم

2. Permissible way of having R.O. plant installed

Question 2: What have respected Islamic scholars ruled on the following matter? We want to have an R.O. plant installed. We will buy water in tankers, filter the water and then sell it in gallons and bottles. Is this business permissible for us?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: In the above situation, you are the owner of the water because of buying it in tankers. Since water will be sold in gallons and bottles, there is also no ambiguity about the item being sold. Therefore, the sale and purchase of water in the above-mentioned method is absolutely permissible. However, it is necessary to be mindful of many other requirements related to the item that can be bought or sold. One of them is that the customer must neither be cheated nor be harmed. When selling the water, you must ensure the quality that you make a claim of. For this purpose, either you yourself must have scientific expertise or you must hire any professionally skilled person who can run your plant and the entire system in a proper way. This is necessary. If unnecessary and excessive chemicals are added to water, this will result in people gradually taking in decayed and harmful substances. This should not happen. Another common mistake committed by those doing this business is that they have the plant installed in residential areas. As a result, heavy machinery is operated day and night for the purpose of filtering water, disturbing the sleep and rest of neighbours. This should also be avoided. (Majma’-ul-Anhar, vol. 4, pp. 237 – Fatawa Hindiyyah, vol. 3, pp. 121 – Bahar-e-Shari’at, vol. 3, pp. 667)

وَاللہُ  اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ عَلَیْہِ واٰلِہٖ وَسَلَّم

3. Ruling on four Rak’aat of Salat-uz-Zuhr forgetfully led by Shari’ah-declared travelling Imam

Question 3: What have respected Islamic scholars ruled on the following matter? The Imam is a Shar’iah-declared traveller, whereas Muqtadis are Muqeem^[1]. The Imam forgetfully leads four Rak’aat of Zuhr Salah. He also performs the Qa’dah after the second Rak’at but he does not perform Sajdah-Sahw at the end. After the Salah, the Imam who is a Shari’ah-declared traveller recalls that he has led four Rak’aat Salah despite being a Shari’ah-declared traveller. What will be the ruling on the Salah?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: If the Imam who is a Shari’ah-declared traveller forgetfully leads four Rak’aat Salah and also performs the Qa’dah after the second Rak’at, the ruling for the Shari’ah-declared traveller Imam will be different from the ruling for Muqeem Muqtadis. The ruling on the Salah led by such an Imam is that his own Fard will be valid and the last two Rak’aat will be Nafl. However, it is obligatory for the Shari’ah-declared travelling Imam to perform Sajdah Sahw because of forgetfully completing four Rak’aat but he has not performed Sajdah Sahw. Therefore, the Salah will have to be offered again with the intention of Wajib-ul-I’adah.^[2] As for the ruling on the Salah offered by Muqtadis, their Salah will become invalid. This is for the reason that one of the conditions for the validity of Iqtida is that the Salah of the Imam must either be similar or superior to that of Muqtadis. If the Salah of the Imam is lower in rank than that of Muqtadis, the Iqtida will be invalid. In the above-mentioned case, the last two Rak’aat offered by the Shari’ah-declared travelling Imam are Nafl, whereas the same last two Rak’aat are Fard for Muqeem Muqtadis. For this reason, the Iqtida from Muqeem Muqtadis is not valid. Therefore, they must offer their Salah again. (Maraqi-ul-Falah Sharh Noor-ul-Izah, pp. 222)

وَاللہُ  اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ عَلَیْہِ واٰلِہٖ وَسَلَّم

4. Is it allowed to see the face of the deceased after the funeral Salah?

Question 4: What have Islamic scholars ruled on the following matter? Is it allowed to see the face of the deceased after the funeral Salah.

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: To see the face of the deceased before and after the funeral Salah is permissible. There is no harm in it. However, care should be taken that there should be no delay in the burial of the deceased because of seeing and letting others see his face. Blessed Shari’ah has commanded Muslims to be quick to give Ghusl to the deceased and to wrap him in the shroud. Unnecessary delay is forbidden. (Fatawa Tatarkhaniyah, vol. 3, pp. 78 – Fatawa Fayz-ur-Rasool, vol. 3, pp. 415)

وَاللہُ  اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ عَلَیْہِ واٰلِہٖ وَسَلَّم

5. Funeral Salah of an adult boy along with that of non-pubescent girl

Question 5: What have respected Islamic scholars ruled on the following matter? Is it allowed to offer the funeral Salah of an adult boy with that of a non-pubescent girl? If it is allowed, which Du’a will be recited during the funeral Salah; that of an adult one or a non-pubescent one? If both Du’as have to be recited, what will be its method? And, how many people’s funeral Salahs may be offered together?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: The funeral Salah of an adult may be offered along with that of a non-pubescent one. When you are offering the funeral Salah of an adult and that of a non-pubescent one together; recite the Du’a of the adult deceased first and then that of the non-pubescent one after you have recited Durood and said the third Takbeer. The funeral Salahs of as many deceased Muslims may be offered together as are present. Blessed Shari’ah has not specified any figure in this regard. However, it is better to offer the funeral Salah of every deceased Muslim separately.

Imam Ahl-e-Sunnat Imam Ahmad Raza Khan was asked a question, as stated in Fatawa Razawiyyah: How many people’s funeral Salahs may be offered together? He replied, ‘No matter how many deceased Muslims have been gathered for their funeral Salah, whether one hundred or two hundred, the funeral Salah of all of them may be offered together.’

Regarding offering the funeral Salah of a non-pubescent child along with that of an adult, Ala Hadrat further stated, as mentioned on the next page, ‘The funeral Salah of the non-pubescent along with that of adults may be offered. Both Du’as (i.e. the Du’a of the adult and that of the non-pubescent) will be recited. Recite the Du’a of the adult first and then that of non-pubescent ones. However, if there is no difficulty, it is better to offer the funeral Salah of every deceased Muslim separately.’ (Fatawa Razawiyyah, vol. 24, pp. 199, 200)

وَاللہُ  اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ عَلَیْہِ واٰلِہٖ وَسَلَّم