Archive for January, 2012

Moving the Dead from His Grave

My father passed away while I was a little boy. Soon after his burial, my mother moved his body from the charity graveyard to another private yard she had bought. As you most probably know, in my country we give great importance to such matters and we could not allow him to be buried in a charity graveyard. Is my mother a sinner for doing this? Is it true that the deceased will be questioned twice in this case? If we want to visit his grave, should we visit the first or second one? May Allah reward you well!

What your mother did is not permissible. When the dead body is buried it no longer belongs to anyone, even if it is in the disbelievers’ graves. It is not permissible to move it unless for the benefit of the Muslims. The basic ruling is that each corpse’s grave belongs to the corpse and it cannot be moved unless there is a necessity. What your mother did is not permissible, as it was based on traditions, not on any rule in Shari`ah. As for visiting your father’s grave and whether to visit him at the first or the second grave, this is based on where his body is. If his whole body or remains were moved, then you can visit him at the second grave, but if he had decayed in the first grave and was not put in a cascade, then visit him in the first grave. It all depends on the remains which you moved from the first grave, whether it was the body or just what the mother thought fit to move.
Regarding the questioning of the deceased, a person is questioned once he is put in his grave. The questioning process is not repeated and there is no evidence in Sunnah that supports this idea. One is questioned by the angels once he enters his grave. This is the answer regarding the questioning process, but if you are asking about his life in Barzakh, it continues whether he is in his first or second grave. If he was living it in Paradise, it will continue so, and if otherwise, it will continue so as well. We ask Allah to protect us and all of you!

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Unified Adhan

Peace be upon you. In our mosque, we announce the Adhan according to the Sunnah. We do not follow the unified Adhan system and we have been doing this for a long time now. Some people object to this and call for the adoption of the unified Adhan system which depends on the use of the radio. What is your opinion about this? Do we comply or do we keep following the Sunnah and the righteous predecessors? Does the ruling on the unified Adhan fall under what is called Fiqh Al-Waqi` (Jurisprudence of Contemporary Reality)?

You should follow the practice of the Sunnah. Each mosque announces the Adhan by itself. Do not air the Adhan from the radio, for this is not supported by any evidence. Thus, you have to follow the Sunnah and announce the Adhan yourselves, as this act cannot be done by proxy.
The unified Adhan system does not fall under any category of Fiqh. There is no need for it, since the basic ruling is that every mosque announces the Adhan, following the example of the Prophet (peace be upon him). Scholars agree unanimously on this, without any exceptions.

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What to Do in Case of Disagreement?

Due to the multiplicity of scholars’ opinions in Fiqh, I have to ask: where does a Muslim stand concerning the disagreement of opinions between scholars, which is apparent in their Fatwas?

A Muslim must seek to follow the preponderant position, which brings about benefit and wards off evil from the Muslims, and be supported by proofs at the same time. This matter requires great knowledge and understanding. If one is not knowledgeable enough, he has to follow the more knowledgeable scholars who are known for their piety, righteousness, and uprightness, and who do not give Fatwas hastily. When a scholar possessing these qualities gives a Fatwa to any Muslim, he should follow it and there will be no harm on him.

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Dying the Hair

Is it permissible for someone who is not old (in his thirties) to dye his hair black? I am aware of the Hadith that orders Muslims to change the color of their hair when it is white, but I heard that the phrase “but not black” is part of the Hadith. I also heard other narrations and opinions of scholars that allow dying the hair with black.
I have another question about a white substance that regains the natural color of the person’s hair with repeated use without having any dyes in it. Is it permissible to use it?

Scholars are of three opinions regarding dying the hair black. One opinion allows it, the other dislikes it, and the third prohibits it. Each group has proofs supporting its view. One Hadith is the one you mentioned narrated by Abu Quhafah (may Allah be pleased with him) where the Prophet (peace be upon him) ordered grey hair to be changed and said, “but not black”. Most scholars consider this Hadith a proof of undesirability and not prohibition. This is the opinion of Imam Malik, Abu Hanifah, Imam Ahmad as stated in Al-Mughni book, and most of the Shafi`i scholars. Only Imam Al-Nawawi supported the prohibition. Another scholar who believed in the permissibility is the Hanafi scholar Abu Yusuf who gave some explanations to Risalat ibn Abu Zaid with certain restrictions. A group of the Companions dyed their hair with black such as `Uthman, Al-Hasan, and Al-Husain (may Allah be pleased with them all). Among the Followers who dyed their hair black are Ibn Sirin and Abu Burdah. Ibn Al-Jawzi compiled a paper in this regard entitled Husn Al-Khitab fy Al-Shaib wal-Khidab. Generally, it is permissible unless a man is deceiving a woman into marrying him. But if he is already married and his wife knows the color of his hair, there is no harm in dying his grey hair to look nice for her, especially in the case of the inquirer, who is still young. Dying the hair black is not desirable for old men. That is why some scholars thought it is prohibited, considering the case of Abu Quhafah (may Allah be pleased with him). Please refer to Fath Al-Bari by Al-Hafizh Ibn Hajar and other books of Sunnah and Fiqh. Finally, Allah knows best!

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Dealing in Riba to Afford Marriage

What is the ruling on someone who takes a usurious loan to be able to afford the expenses of marriage? He has absolutely no other means of collecting the expenses for the wedding. What is the ruling of filming the wedding party on a recording camera?

Try to collect the wedding expenses without taking a usurious loan, unless you fear you might slip into Zina. Only in this case will it be permissible to take a usurious loan to pay the minimum amount of Mahr. This is according to what Al-Zurqani said in his commentary on Mukhtasar Khalil. This opinion is also supported by Ibn Bashir and rejected by Al-Banani, and Allah knows best!

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