Law: It is Mustahab to bury the deceased in
the cemetery of the city or village etc. where he passed away, even though he
does not live there; but he should rather be buried in the cemetery of the
people in whose house he has passed away. There is no harm in taking it one or
two miles away, because the cemetery of the city is usually a distance away. If
his body is taken to another city, then most Ulama have disallowed this (i.e.
disapproved of this), and this is the correct (view). This is in the case when
they wish to take it before the burial, and if they want to do this after the
burial, then to move it is absolutely disallowed, except in certain
circumstances, which will be explained later [Alamgiri vol.1 pg.167] and this
which is the manner of certain people that after burying a person in one place,
then they remove the Mayyit and bury it somewhere else. This is impermissible
and the manner of the Raafdis’ (Shia).
Law: If (the Mayyit) was buried on the
property (land) of someone else without the permission of the owner, then the
owner has the power of asking the Guardians of the deceased to remove the deceased
from his property. He also has the right to flatten the land and farm over it.
Similarly, if that property has been taken away in Shuf’ah (on the basis of the law of
pre-emption/amalgamation); or if the deceased was given Kafan which was usurped
(forcefully taken), the owner has the right to remove the deceased. [Alamgiri
vol.1 pg.167; Raddul Muhtar vol.1 pg.839/840]
Law: If someone prepared a grave in a
Cemetery which is Waqf (donated in trust) and someone else wishes to bury their
deceased in that grave, and there is still place in the cemetery, this is
Makruh. If they already buried the deceased in that grave, then the person who had
it dug (initially) cannot remove the deceased from it. He should take from them
whatever it cost (to have the grave dug etc.). [Alamgiri vol.1 pg.166;
Durr-e-Mukhtar vol.1 pg.840]
Law: If the heir buried a female with her
jewellery, and some of the heirs were not present. Those heirs have the right
of having the grave dug. If some valuable belonging to someone fell into the
grave and after burial he remembered, then he may dig the grave and have it
removed, even if it is only one dirham. [Alamgiri vol.1 pg.167; Raddul Muhtar
vol.1 pg.839]
Law: There is no harm in keeping your own
Kafan ready, but to keep the grave ready dug is pointless. Who knows where he
will die! [Durr-e-Mukhtar vol.1 pg.846]
Law: To walk, sleep, pass urine or defecate
(pass stool) on a grave is Haraam. To use a new pathway which has been made in
the cemetery is not permissible, be this whether he knows it is a new pathway
or he has an assumption that it is. [Alamgiri vol.1 pg.166; Durr-e-Mukhtar
vol.1 pg.846]
Law: If one wishes to go to the grave of
one of his relatives, but in doing so he will have to tread over graves, then
to go upto there is disallowed. He should read the Faateha from a distance.
[Shaami vol.1 pg.846] We should not wear shoes in the Cemetery. Rasoolullah صلی اللہ تعالی علیہ وسلم saw
a person wearing shoes (in the cemetery), (so) he صلی
اللہ تعالی علیہ وسلم
said, ‘Remove your shoes! Neither should you harm those in the
grave, and nor will they (harm you)’.
Law: To appoint a Hafiz to recite Qur’an at the grave is permissible. [Durr-e-Mukhtar
vol.1 pg.847] In other words, in the case where the one that is reciting is not
doing so for payment, because to recite Qur’an for a fee and to get someone to recite for a fee is impermissible.
If you wish to have him recite for a fee, then keep him as an employee for your
own work, and then have him do this.
Law: To keep the Shajrah or Ahad Naama in
the grave is permissible, and it is better to prepare a niche in the Qibla wall
of the grave in front of the face of the deceased and have it kept there. In
Durr-e- Mukhtar it has been mentioned that to write the Ahad Naama is permissible
and said that there is hope of Maghfirat (forgiveness) through it. It is also
permissible to write بسم اللہ الرحمن الرحیم
on the chest and forehead of the deceased. A person advised this before his
death, and after he had passed away بسم اللہ (Bismillah
Shareef) was written on his chest and forehead. Someone then dreamt of him and
asked him about his condition. He said, ‘When I was placed into (my) grave, the Angels who give
punishment entered. When the Angels saw بسم اللہ الرحمن الرحیم written on my forehead, they said, you have been saved from
Azaab (punishment)’.
[Durr-e-Mukhtar vol.1 pg.847; Ghuniya from Tatar Khania]
It can also be done such that بسم اللہ Bismillah Shareef can be written on the forehead, and on the
chest the blessed Kalimah Tayyibah لَا اِلٰہَ اِلَّا اللہُ
مُحَمَّدٌ رَّسُوْلُ اللہِ صلی اللہ تعالیٰ علیہ وسلم can be written. However, this should be done after giving Ghusl
and before putting on the Kafan, and should be written with the Kalimah finger
(Index finger) and not with ink. [Raddul Muhtar vol.1 pg.847/848]
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