Laws of Jurisprudence
Law: When the time of death is near and signs
become visible, it is Sunnat to lay the person on his right side facing the
Qibla. It is also permissible to lay the person flat on his or her back and
allow the feet to face the Qibla, as in this way as well the face will be in
the direction of Qibla. However, in this case the head must be slightly raised.
If it is difficult to direct the face towards Qibla, as this is causing pain
and discomfort to him, then let him remain in the position which he is
(comfortable) in. [Durr-e-Mukhtar vol.1, pg.795]
Law: Whilst the person is in this condition where
he is about to pass away, then until the soul is not almost out, continue
‘Talqeen’ in other words recite: اَشْھَدُ
اَنْ لَّا اِلٰـہَ اِلَّا اللہُ وَاَشْھَدُ اَنَّ مُحَمَّدًا رَّسُوْلُ اللہِ audibly
(in a loud voice) near him, but do not command him to say it. [Alamgiri vol.1,
pg.157 & General Books of Fiqh]
Law: If he has already recited the Kalima, then
stop the Talqeen. However, if after reciting the Kalima he speaks again, then
repeat the Talqeen, so that his final words may be: لَا
اِلٰـہَ اِلَّا اللہُ مُحَمَّدٌ رَّسُوْلُ اللہِ [Alamgiri vol.1, pg.157]
Law: The one who is making Talqeen should be some
pious and righteous person. It should not be someone who is pleased with him dying.
It is advisable and beneficial for pious and righteous people to be around
(near) him at this time. During this time it is Sunnat to recite Surah Yaseen
and to make the place fragrant, by burning Lobaan or Agarbatti (incense
sticks). [Alamgiri vol.1, pg.157]
Law: Those females (family members) who are in
Haidh (menstruating) or Nifaas (post-natal bleeding) are permitted to be close
to him during this time. [Alamgiri vol.1, pg.157] If a females Haidh has
terminated but she has not taken her Ghusl as yet, then she and one who is
Junub (in need of the Ritual Ghusl) should avoid being there. One should also
try to make sure that there is no photo (of living things) or dogs in that house.
If these things are present there, then they should be immediately removed,
because the Angels of Mercy do not enter a place where these are present. At
the time of his death continue making Dua for goodness for him and for yourself.
Do not utter any bad word during this time, because the Angels say Aameen to
whatever is said at this time. If you notice difficulty at the time of death,
then recite Surah Yaseen and Surah Ra’ad. [Shaami vol.1, pg.797]
Law: Once the soul has left the body, take a wide
strap (piece of fabric) from under the jaw to the head and knot it on the head,
so that the mouth does not remain open. The eyes (of the deceased) should also
be closed. The fingers, hands and legs should be straightened. This should be
done by one of the family members who will do it in the gentlest manner, such
as the father or the son. [Jauhira Nayyira]
Law: The following Dua should be read when closing
the eyes:
بِسْمِ اللہِ وَعَلیٰ مِلَّۃِ رَسُوْلِ اللہِ اَللّٰھُمَّ یَسِّرْ
عَلَیْہِ اَمْرَہٗ وَسَھِّلْ عَلَیْہِ مَا بَعْدَہٗ وَاَسْعِدْہٗ بِلِقَآئِکَ
وَاجْعَلْ مَا خَرَجَ اِلَیْہِ خَیْرًا مِّمَّا خَرَجَ عَنْـہُ
Allah’s Name we begin with and on the Religion of
Rasoolullah صلی اللہ تعالی علیہ وسلم . O Allah, ease his affair upon him, and ease upon him
what is to follow after (i.e. his end), and by his meeting with You, make him
pleased, and make the place towards where he has gone (hereafter) better for
him, than the place he has left (this world). [Durr-e-Mukhtar vol.1, pg.798]
Law: Keep a piece of iron or wet sand or something
a bit heavy on his stomach so that the stomach does not swell. [Alamgiri,
vol.1, pg.157] However, one should not keep something which is heavier than
necessary as this will be the cause of discomfort. [Durr-e-Mukhtar]
Law: The entire body of the deceased (Mayyit) must
be covered with a sheet. He should be placed on a bed or a platform etc, i.e.
on something (slightly) high, so that the moistness (coldness) of the ground
does not affect him. [Alamgiri vol.1, pg.157]
Law: If at the actual time of death معاذ
اللہ (Allah forbid), he uttered any words of kufr (unbelief), then in
this case the ruling of kufr will not be passed, because it is possible that
his intelligence has been compromised due to the intensity of death, and he
could have said this whilst not really in a conscious state. [Durr-e-Mukhtar
vol.1, pg.794] It is also very possible that (in this time) his words are not properly
understood, because in such an intense moment, it becomes difficult for a
person to completely understand what he is really trying to say.
Law: Be swift in fulfilling any of his debts or
anything else which he is liable for. It has been mentioned in the Hadith Shareef
that a deceased is trapped in his debt. It has been mentioned in one narration
that his soul remains suspended until such time that his debt is not paid off.
[Alamgiri vol.1, pg.157]
Law: It is permissible to recite the Holy Qur’an
near the deceased as long as the body is properly covered. The recitation of
Tasbeeh and other Azkaar (blessed recitals) are permitted absolutely. [Raddul Muhtar
vol.1, pg.800/801]
Law: The Ghusl (ritual bath), Kafan (shrouding),
and Dafan (burial) should not be delayed (without reason). There has been much emphasis
to being swift in this regard, in the Hadith. [Jauhira, Durre-Mukhtar vol.1,
pg.799]
Law: Inform the neighbours and friends and
relatives (when a person dies) so that there may be many people in the
(Janaazah) Namaaz, and they will all make Dua for him, as it is their duty to partake
in his Janaazah Namaaz and to make Dua for him. [Alamgiri vol.1, pg.157]
Law: Some have mentioned that it is Makruh to loudly
announce a person’s death in the marketplace or on the public road (where people
pass by all the time), but the correct view is that there is no harm in doing
so, but it should not be with lengthy words like in the manner of the days of
ignorance. [Jauhira Nayyira, Raddul Muhtar vol.1, pg.741/798]
Law: If he died suddenly, then until his death is
not confirmed, delay the funeral arrangements. [Alamgiri vol.1, pg.157]
Law: If a pregnant female has passed away and the
child is still moving inside her, then in such a case the stomach should be
opened from the left and the baby should be removed. If a female is alive and her
baby has passed away inside her, and the life the female is in imminent danger,
then an operation should be done and the child should be removed, and if the
child is also alive, then no matter how intense the discomfort may be, it is not
permissible (in this time) to remove the baby by cutting (i.e. operation)
[Alamgiri vol.1, pg.157, Durr-e-Mukhtar vol.1, pg.840]
Note: Here the situation
that is being discussed is when the pregnant woman is on her death bed.
Law: If a person has intentionally ingested the
wealth of someone and has then died, then if he has left behind an amount of
wealth that can be used to reimburse that amount, then it must be paid from his
estate (inheritance before distribution to heirs); if not the stomach must be
opened and that valuable must be removed. However, if he ingested it un-intentionally,
then the stomach must not be opened. [Durr-e-Mukhtar, Raddul Muhtar vol.1,
pg.840]
Law: If a pregnant female passed away and someone
dreamt that she has given birth to her baby, then to dig open the grave merely on
the grounds of a dream is not permissible. [Alamgiri]
0 comments:
Post a Comment