Taking the deceased back to his homeland

My friends brother inlaw expired last week(May his soul rest in peace). After his death his brother & other relatives took his dead body to their village which was at about 14 hours drive from the place where he used to live.His wife told his brothers that her husband has left a written statement(wasiyah) that he should be burried immediately at the same place where he will die. No one listened to her & later his written statement with his signatures was found in his papers. Has his brother & other relatives committed a sin? What should be done now? Is their any Sadaqat which has to be paid by the relatives on not following the Wasiyah (written statement) or what?.

Praise be to Allaah.  

This issue may be discussed from two angles: 

1 – The issue of acting upon the wishes of the deceased

2 – The ruling on moving the deceased from the land in which he died to another land. 

With regard to the first issue, it is obligatory to carry out the wishes of the deceased, whether he left a will describing something obligatory or something mustahabb. 

See al-Sharh al-Mumti’, 5/333 

With regard to the second issue: 

Shaykh Ibn Qudaamah said: 

The deceased should not be moved from his land to another land unless that is for a valid reason. This is the view of al-Awzaa’i and Ibn al-Mundhir…and because it is easier and it avoids any delay that may cause the corpse to start decaying before burial. But if there is a valid reason for doing so, then it is permissible. 

Al-Mughni, 2/193-194 

The Standing Committee said concerning this issue: 

The Sunnah at the time of the Prophet (peace and blessings of Allaah be upon him) and the time of the Sahaabah was to bury the deceased in the graveyard of the land or city in which he died, and to bury the martyrs where they died. It is not proven in any hadeeth or report that any of the Sahaabah was moved to a place other than the graveyard of the land or city in which he died, or to another place nearby. 

Because of that, the majority of fuqaha’ said: it is not permissible to move the deceased before burial to a land other than the one in which he died, unless that is for a valid reason such as the fear that his grave may be violated if he is buried where he died, or that it may be mistreated, in which case he must be moved to a place where his grave will be safe. 

For example, moving him to his homeland so that his family will feel better and will be able to visit his grave is permissible. 

But in such cases that is subject to the condition that there is no fear that the corpse may start to decay because of the delay in burial, and that his sanctity will not be violated. If there is no need to move him and these conditions are not met, then it is not permissible to move him. 

The Committee believes that every deceased person should be buried in the graveyard of the city in which he dies, and that they should not be moved to another city unless that is for a valid reason, in accordance with the Sunnah and the practice of the salaf or early generations of this ummah, so as to avoid transgressing the rules of sharee’ah, to bury the deceased quickly as encouraged in sharee’ah, to protect the deceased from the procedures that may be done to his body to prevent decay, and to avoid the extravagance of spending large amounts of money unnecessarily and for which there is no legitimate shar’i need, as well as protecting the rights of the heirs and saving this money so that it may be spent in the proper ways.  

This is the fatwa signed by the Committee. May Allaah send blessings upon our Prophet Muhammad and upon his family and companions. 

Fataawa Islamiyyah, 2/31, 32 

With regard to what the relatives of the deceased have done: 

If they went against the will and did not act in accordance with the wishes of the deceased after his wife told them because they were did not believe that she was telling the truth, then there is no sin on them, because they did not go against his wishes deliberately. Allaah says (interpretation of the meaning): 

“And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend”

[al-Ahzaab 33:5] 

However, if they believed her but they did not care and they went against the will, then they are sinners who have transgressed against the rights of the deceased. 

With regard to their moving the deceased this distance, if there was no valid reason for doing so then this is a second transgression against the rights of the deceased, because part of honouring the deceased is to prepare him and bury him quickly, as the scholars have said. 

See al-Madkhil, 3/237, by Abu’l-Haaj al-Maaliki. 

So they have to repent and seek forgiveness, and regret what they have done, and make du’aa’ for the deceased, but they do not have to give anything in charity, but if they do so then that will be good, for charity is one of the means of forgiveness and expiation of sins. 

And Allaah knows best.

Ruling on breaking fast because of intense heat and to treat the injured

I work in civil defence. When it is Ramadaan, is it permissible for a person to break his fast if he feels intensely thirsty whilst treating the injured?

Praise be to Allaah. 

That is OK, but it is preferable not to break the fast, except in cases of necessity, and you should make up that day. But so long as a person is able to complete his fast, it is not permissible for him to break it. But if an accident happens far away, for example, and the sun is burning down in the summertime, and you go there to rescue the injured or put out a fire, and you feel thirsty and are afraid that your thirst will affect you adversely, then in sha Allaah it is OK to break your fast. Allaah says (interpretation of the meaning):

“So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 64:16]

“Allaah burdens not a person beyond his scope” [al-Baqarah 2:286]

  And the Prophet (peace and blessings of Allaah be upon him) said:

“If I command you  to do a thing, do as much of it as you can.” (Narrated by Muslim, no. 1337; al-Nasaa’i, 5/110).

  This applies so long as no travel is involved; if the matter involves travelling, then it is unconditionally permitted to break the fast. And Allaah knows best.

Is there any other way to compensate for missed fasts due to pregnancy and breastfeeding apart from fasting those days at a later time?

As-salamu Alaikum,
If a woman misses several years of fasting the month of Ramdan due to pregnancy and breastfeeding is she obligated to make these up by fasting each day? Is there another option that she may take such as feeding the poor because it would be very difficult for her to make up so many days? Some women are pregnant or breastfeeding for many years in a row without an opportunity to make them up. Also, does she need to make these up before she can do voluntary fasting such as during the month of Shawwal? If this is the case, then it may be difficult for her to gain the rewards of fasting during this month since she would need to make up the missed days first ? Is the opportunity to make up days lost after a certain time period ? For example, if the woman had not made them up before the next Ramadan is the opportunity lost ?
Jazak Allah Khair.

Praise be to Allaah.

A Muslim woman who misses any fasts in Ramadaan because of being pregnant or breastfeeding must make them up after she no longer has that excuse, just like the sick person of whom Allaah says (interpretation of the meaning): “… but if any of you is ill or on a journey, the same number (should be made up) from other days…” [al-Baqarah 2:184]

A woman may space out these days (i.e., she does not have to fast them all at once, consecutively), as this is easier for her. (See also "Seventy Questions About Fasting ",

, under the heading Books on this web-page).

It is better to make up missed days before the next Ramadaan comes, but if the excuse is still present, she may delay making them up until she is able to do so. She should not resort to feeding poor people (instead of fasting) unless she is totally unable to fast. And Allaah knows best.

Fasting of one who loses consciousness

I would like to find out if it is compulsory for a person to fast if he suffers from epilepsy.

Praise be to Allaah.  

Yes, the one who suffers from epilepsy has to fast in Ramadaan, and he is not exempted from fasting because of that. 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: 

A man loses consciousness for a few hours – does he have to fast? 

He answered: 

If he only lost consciousness for a few hours, then he has to fast, like the one who sleeps for a while. The fact that he loses consciousness for a few days during the day or during the night does not mean that he is not obliged to fast. 

Fataawa al-Shaykh Ibn Baaz, 15/210. 

But if he is unconscious for the whole day (i.e., from dawn until sunset), then his fast is not valid and he has to make up that day. But if he wakes up during the day then his fast is valid. 

See also Question no. 9245, 12425.

A new Muslim wants to fast in secret

I have a friend (girl)who has embraced islam recently.The conversion matter needs to be kept confidential for sometime.she has expressed sincere desire to fast,but as she is living in a hostel she would find it extremely difficult to conceal her fasting from other friends.she is in a dillema.I REQUEST YOU TO SUGGEST AS TO WHAT SHE NEEDS TO DO UNDER THE CIRCUMSTANCES MENTIONED ABOVE.

Praise be to Allaah.  

We congratulate our sister for entering Islam and we ask Allaah to make her steadfast in adhering to His religion and to cause her to die as a Muslim, and to keep her on the straight path. 

We advise our sister to avoid – as much as possible – places in which Allaah is disobeyed. We understand from the question that she is studying in a mixed place, and living in a mixed hostel. This involves sin and danger to her and to her religious commitment. Muslim sisters have to explain to her, in the best manner, the ruling on her situation and the dangers it poses to her, and advise her that she should leave if possible, and so long as that will not put her in an even worse situation. 

Secondly: 

It is not permissible for you to take girls as friends, or for her to take men as friends. Relationships between men and women are governed by Islamic sharee’ah, and sharee’ah does not give men and women the freedom to make friends with one another, because that opens the door to a great deal of evil. This is one of the traps of the Shaytaan by means of which he tricks people and makes them commit immoral actions such as shaking hands with them, being alone with them and things that are more serious than that. 

Thirdly: 

With regard to her fasting: she has to fast and it is not permissible for her not to fast. If she is among other students that is easier than if she was among her family and relatives. She can make the people think that she is not fasting by carrying a glass of juice – for example – and let them think that she is drinking it, or she can say that she is sick and mean thereby that she is sick at heart because of what people do, as Ibraaheem (peace be upon him) said: “I am sick” – or some other kind of permissible trick. 

She has to fear Allaah and obey Him as much as she can, and whoever fears and obeys Allaah, He will give him (or her) a way out. 

We ask Allaah to grant her strength. 

And Allaah knows best.

The discharge which is passed continuously by a woman does not have any effect on the fast

Please tell me if a transparent fluid like water is excreted which becomes white coloured after drying is our fast and prayer valid? is ghusl farz on us or not.please please tell me because i pass this thing alot and find it on my underwear and i do ghusl 2 or 3 times a day to make my fast and prayer valid.plz tell me whatis this and what should i do.

Praise be to Allaah.  

This kind of discharge is passed a great deal by women. It is taahir (pure) and not naajis (impure), and there is no need to do ghusl because of it. All it does is invalidate wudoo’. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about it and he replied: 

After researching the matter, it seems to me that the discharge that is passed by women, if it does not come from the bladder but rather from the womb, then it is taahir… 

This is the ruling on this discharge with regard to tahaarah (purity) – it is taahir and does not make the clothes or the body naajis. 

With regard to wudoo’, the ruling is that it invalidates wudoo’, unless it is continual, in which case it does not invalidate wudoo’, but the woman should not do wudoo’ for each prayer until after the time for the prayer has begun, and she has to use a pad. 

But if it starts and stops, and it usually stops at the time of prayer, then she should delay the prayer until the time when it stops, so long as there is no fear that the time for prayer will end. If she fears that she will miss the prayer, then she should do wudoo, use a pad and pray. It makes no difference if there is a little or a lot, because it is all coming from the front passage so a little or a lot invalidates wudoo’.                                                                                           

Majmoo’ Fataawa Ibn ‘Uthaymeen, 11/284 

Using a pad means placing a piece of rag or cotton etc in the vagina so that less of this discharge will come out, and to prevent it getting on to the clothes or body. 

Based on this, there is no need to do ghusl because of this discharge, and it does not affect the fast. With regard to prayer, wudoo’ must be done for each prayer after the time for the prayer has begun, if the flow is continual. 

And Allaah knows best.

Marrying a woman from the people of innovation, and are conditions stipulated by the woman’s guardians binding?

I am engaged with a girl recently. My family was not happy with this engagement initially because both families are not of the same cast (Cast system is dominant here in Sub-continent).Now the things are normal. But the problem is that my parents lived in a village and I lived in another city for seek of my job and study. Some of the relatives of my spouse also live in the same village (also her relatives are not happy about this engagement. The only reason is cast difference). My mother in law is insisting that she would not be going to marry her daughter me until I buy a house at city where I am living for my job/study (I visit my parent twice a month) and also marriage ceremony will not take place at my village. They conveyed these two statements to me. I clearly told them before the engagement that I have not enough resources to buy a house in city but I will take one on rent and so far as marriage is concerned it will take place at village. But right know they are insisting to do at city and also buy house first otherwise they will break this engagement. Both of these are not possible for me and I know it in advance that my parents will also not agree to have marriage ceremony at some other place. My parents are of the view that after marriage, they will help us to shift to city. I liked the girl very much and in fact I prayed for her for many times. I fear that if I say that both of your conditions are not possible for me they will negate the engagement. I do not want to lose the girl. I am really confused about that, I know Allah will do well for me Inshahallah; I just want more on this from you. Also should I clear them about my condition once again? Please take this all in consideration and suggest me some useful guide lines fro Quran and Sunnah as soon as possible.

Praise be to Allaah.

We do not really understand what you are saying about your family and your fiancée’s family being from different castes. However, if what you mean by caste is tribe or clan or lineage, then the matter is simple and does not need any discussion from us; you will find information in question no. 13780 about this matter. 

But if what you mean by caste is that she belongs to a sect that has different beliefs than yours – and we think that you are of ahl al-sunnah (a Sunni) – then in this case we must point out to you that among the sects that claim to belong to Islam are some that are beyond the pale of Islam, and some which have deviated from the path of ahl al-sunnah wa’l-jamaa’ah. Examples of the former include the Qadianis (Ahmadis), Ismailis, Huloolis, Raafidis (Shi’ah) and the Bareilawis. Examples of the latter include the Ash’aris, Maatreedis and Murja’is. 

If your fiancée follows the beliefs of one the of sects that are beyond the pale of Islam, then it is not permissible for you to marry her, because they comes under the rulings on mushriks because of their apostasy from Islam. If she follows the beliefs of one of the misguided groups, then it is permissible for you to marry her, but you should be cautious about that, because the Prophet (peace and blessings of Allaah be upon him) advised marrying women who are religiously-committed, so that the husband’s own ‘aqeedah would be safe with her, and so that he can trust her with his family and children. 

‘Imraan ibn Hittaan was one of ahl al-Sunnah, and he married a Khaariji woman in order to set her straight, but then he ended up becoming one of the leaders of the Khawaarij. 

See: Siyar A’laam al-Nubala’ by al-Dhahabi (2/214). 

There are stern warnings narrated from the righteous salaf against sitting with and keeping company with the people of innovation and whims and desires. 

Ibn ‘Abbaas (may Allaah be pleased with him) said: 

Do not sit with people who follow whims and desires, for sitting with them sickens the heart. 

Tafseer al-Tabari (4/328). 

Abu’l-Jawza’ said: 

Because sitting with pigs is dearer to me than sitting with any of those who follow their whims and desires. 

Al-Ibaanah by Ibn Battah (2/438). 

Abu Qilaabah said: 

Do not sit with the people who follow their whims and desires, or talk with them, for I am not sure that they will not tempt you into their misguided ways or confuse you about what you know.  

Siyar A’laam al-Nubala’ (4/372). 

Whatever the case, no doubt marrying a woman from ahl al-sunnah is better for you and your family and your children, unless this woman is like that because she is living among followers of innovation, and perhaps you will be rewarded for bringing her out of that atmosphere.  

See also the answer to question no. 85370. 

Secondly: 

It is not permissible for you to hold wedding celebrations that include haraam things such as music, dancing and mixing. If that was stipulated previously, it is a false condition and you do not have to fulfil it. 

In the answer to question no. 7577 we have explained how to deal with such situations. 

In the answer to question no. 9290 you will find information on what it is permissible to use and listen to in celebrations. 

If they insist on having a party – so long as it is free of sin – then you can have two smaller parties – as is usually done by people in your situation – one in their village and another with your own people.

Thirdly: 

With regard to their stipulating that you should buy a house, they have no right to stipulate that you should do that, unless that house will be for their daughter and they want you to put it in her name. There is no reason why the wife should not stipulate that the husband provide her with accommodation in her own land, or in some other place, and after marriage she has the right, if she wishes, to keep it or waive that right. 

It is not up to the wife’s family to stipulate the conditions of marriage unless they are doing it on behalf of their daughter, or the conditions are in her interests. But if her guardian stipulates something that has nothing to do with his daughter, that is not permissible. Rather conditions are to be stipulated by the wife or by her guardian on her behalf. In principle the guardian only has the right to agree to the marriage or not. Even the mahr (dowry) belongs to the wife and she is the one who stipulates it or delegates her guardian to stipulate it on her behalf. 

The wife or her guardian may stipulate that you will live in their locality, and you are obliged to fulfil that condition, but they do not have the right to stipulate whether the house will be bought or rented. 

If you want them to drop this condition altogether, or at least agree that the house is to be rented and not bought, then you must be gentle in negotiating with them, and seek the help of knowledgeable and wise people to speak to your fiancée’s family, and pray to Allaah to make things easy for you.

 See also the answers to questions no. 20757 and 10343. 

We advise you to pray istikhaarah, for you may think that this woman will be good for you and your children when in fact that is not the case. We are ignorant and must seek the help of our Lord Who knows what is best for His slave and decrees that for him. We are helpless so we must seek the help of our Lord Who is able to make things easy or not, and He is able to divert things and prevent them from happening. For more details about the istikhaarah prayer, please see the answer to question no. 2217. 

We hope that we have answered your question fully. We would also remind you of the importance of making a good choice when seeking a wife, and choosing one who is religiously committed, follows sound beliefs and is of good character. We ask Allaah to grant you a righteous wife who can help you to obey your Lord and protect you from that which is forbidden to you. 

And Allaah knows best.