Note: Majnun (insane
person) refers to one who was insane before becoming Baaligh, and who was never
Mukal’laf,
and if he is a Majnun Aaridi (temporarily insane) then Dua for his Maghfirat should
be made, just as it is made for others, because in this case, he was Mukal’laf before he became insane, and the
sins which he committed before he became insane are not just erased. [Ghuniya]
Law: After the Fourth Takbeer, without
reading any Dua, release the hands and turn the Salaam. In the Salaam the
Niyyat should be for the Mayyit, The Angels and for those present in the
Namaaz, similar to the Niyyat which is made in other Namaaz. Here the only difference
is that Niyyat is for the deceased as well. [Durr-e-Mukhtar, Raddul Muhtar
vol.1 pg.817]
Law: The Imam should proclaim the Takbeer
and the Salaam aloud. All the other Duas should be recited softly, and the
hands should only be raised when saying ‘Allahu Akbar’ the first time. [Jauhira; Durr-e-Mukhtar vol.1 pg.817]
Law: In Janaazah Namaaz to recite Qur’an with the Niyyat of Qur’an or to recite the Tashahud is
disallowed. If Alhamdu and other verses which are words of Dua and Glorification
are recited with the Niyyat of Dua or Thana then this is permissible.
[Durr-e-Mukhtar vol.1 pg.817]
Law: It is more virtuous in Janaazah Namaaz
to have 3 Saffs (lines), as it has been mentioned in the Hadith that, He, whose
Namaaz was read by three Saffs will be forgiven. If there are only seven (7) people,
then one should be the Imam, 3 should stand in the first Saff, two in the second
Saff and 1 in the third Saff. [Ghuniya]
Law: In Janaazah Namaaz, the last Saff is
the most exalted. [Durr-e-Mukhtar vol.1 pg.817]
Law: The Right of performing the Janaazah
Namaaz is that of the Badsha-e-Islam (Muslim King/Ruler), thereafter it is the
right of the Qadi, then the one who is the Imam of Jummah, then the Imam of the
local Masjid, and then the right of the Guardian (of the deceased). The
Superiority of the Imam of the local Masjid over the Guardian of the Mayyit is
on the basis of supererogation, and this is only if the he is more virtuous
than the Guardian, if not the Guardian is better. [Ghuniya; Durr-e-Mukhtar
vol.1 pg.823]
Law: The Wali (Guardian) of the Mayyit
refers to the Agnate (Asbah) of the deceased. The succession for who will perform
the Namaaz amongst the Guardians is the same as that for Nikah. The only difference
is that the Mayyit’s
Father has superiority over the son, and in Nikah the son has superiority over
the Father. However, if the father is not an Aalim and the son is an Aalim,
then also in Janaazah Namaaz the son will be given superiority. If there are no
Asbah, then the blood relations have superiority over the non-relatives.
[Durr-e- Mukhtar, Raddul Muhtar vol.1 pg.824]
Law: The Wali-e-Aqrab (i.e. the closest
relative) of the Mayyit is absent, and a Wali-e-Ab’ad (Distant relative) is present, then
this Ab’ad
will perform the Namaaz. Being absent means that he is so far away that there
is disapproval in waiting for him. [Raddul Muhtar vol.1 pg.824]
Law: If a female has no guardian, then her
husband should perform her Janaazah Namaaz. If even he is not there, then the
neighbor should perform. Even if the guardian of a male is not present, the neighbour
has superiority over others. [Durr-e-Mukhtar vol.1 pg.824]
Law: If a slave dies, the master has
superiority over his son and father, even if both of them are freemen. In the
case of a freed slave, the father and son and the other heirs have superiority
over the master. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.824]
Law: If the son of a Mukatab or slave died,
the right of performing the Namaaz is that of the Mukatab, but if his Master is
present then he should get his master to perform it, and if a Mukatab[1]
dies and he has left an amount of wealth that the manumission can be fulfilled,
and that wealth is present there, then his son should perform the Namaaz and if
the wealth is not present there, the master should perform. [Jauhira]
Law: Females and children have no authority
of Guardianship in Janaazah Namaaz. [Alamgiri vol.1 pg.163]
Law: If the Wali-e-Aqrab and the Wali-e-Ab’ad of the Mayyit are both present then
the Wali-e-Aqrab has the authority to have someone else instead of the
Wali-e-Ab’ad
perform it, as the Wali-e-Ab’ad has no right to disallow him, but if the Wali-e-Ab’ad is not present and is at such a
distance that one cannot wait for him and he wishes to have someone else
perform it instead of the Ab’ad, by directing this in some form of writing, then the Ab’ad has the authority to disallow that
person (from performing), but if the Wali-e-Aqrab is present but ill, he may have
it performed by whomsoever he wishes. The Ab’ad has no right to disallow (object) this. [Alamgiri vol.1
pg.163]
Law: The Guardian and the Badsha-e-Islam
are the ones who have the authority to grant someone else the permission to
perform the Janaazah Namaaz. [Alamgiri vol.1 pg.164]
Law: If a female has passed away and she
has left behind a husband and a young son, the son and the husband have the
power of Guardianship. However, if this son is from the same father (the husband
with Guardianship), he should not precede the father, as it is Makruh to do so.
He should let his father perform it. If he is from another husband, then he may
precede the step-father and there is no objection to this. If the son is not as
yet Baaligh then those who are the Guardians after the death of the women have
the right, and not the husband (step-father). [Jauhira, Alamgiri vol.1 pg.163]
Law: If two or a few persons are equal in
Guardianship, then the greater right belongs to the one who is older (in age),
and none has the right to allow any other Guardian to perform rather than him, without
his permission, and if he did this himself, in other words he did not
personally perform it, but rather he instructed someone else to perform, then
the other Guardians have the right to object to this (i.e. to disallow it),
even though this other guardian maybe younger (in age); and if one guardian
gave one person permission and another guardian gave another person permission,
then the one who was give permission by the elder guardian is the one who is
better. [Alamgiri vol.1 pg.163]
Law: If the deceased made a Wasiyat
(bequest) that such and such person should perform my Janaazah and such and
such person should perform my Ghusl, then this Wasiyat is null and void. In
other words because of this Wasiyat (bequest), the right of the Guardian will
not fall away. However, the guardian has the right to not perform (the Janaazah
Namaaz) but rather to allow that person to perform it. [Alamgiri vol.1 pg.163]
Law: If someone besides the guardian
performed the Namaaz, who has not right of preceding the Guardian and the
Guardian had also not given him permission for this, then if the Guardian did
not participate in that Namaaz, he has the right to repeat that Namaaz; and if
the deceased has already been buried, he has the right to perform it over his
grave. If the one who performed it is one who has the right to precede the
guardian, such as the Badsha-e-Islam, the Qadi or the Imam of the local Masjid
who is superior to the Guardian, then in such a case the Guardian cannot repeat
the Namaaz; and if one Guardian has performed the Namaaz, the other Guardians cannot
repeat it; and in all the cases where repetition (of the Namaaz) is allowed,
then any person who did not participate in the first Namaaz is permitted to
participate with the Guardian, and that person who has already participated (in
the one before), cannot participate with the Guardian, because to read Namaaz
twice over a Janaazah is not permissible, except in the situation where a non- Guardian
performed it without permission. [Alamgiri vol.1 pg.163/164; Durr-e-Mukhtar
vol.1 pg.825/826]
[1]
Note: A contract of
manumission between a master and a slave according to which the slave is
required to pay a certain sum of money during a specific time period in
exchange for freedom is called a Mukatab. The slave who enters this contract is
known as a Mukatab.
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