Violating Iddat

Q: If a woman violated iddat due to ignorance how can one compensate?

A: There is no compensation for violating the Iddat. Make Taubah and repent for violating the laws of Iddat. Sincere Taubah will Inshaa Allah will remove the effects of the violation.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

Not Knowing Janaaza Duas

Q: If one does not know what duas to read in Jannazah salaat what should they do and can they read any other duas?

A. The four Takbeers in the Janaazah Salaah are Fardh and the Du'aas are Sunnah. Thanaa is recited after the first Takbeer which every Muslim who performs daily Salaah knows. The only difference is that the words WA JALLA THANAA'UKA is added after WA TA'AALA JADDUKA. The Thanaa will still be valid without adding the extra words. Durood is recited after the second Takbeer which is recited in the daily Salaah, otherwise any other Durood will suffice. The Du'aa is after the third Takbeer. If you do not know this Du'aa then you can recite a Du'aa wherein Maghfirat (forgiveness) is being asked for oneself and for Muslims in general. Salaam is made immediately after the fourth Takbeer.

Until you learn the Du'aas, for a male just say: Allaahummaghfir lahu and for a female Allaahummaghfir lahaa.


Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Widow's Expenses in Iddat

Q: A man passes away leaving a widow. She used to live alone with him in a complex. The man was self sufficient. i.e. he had many assets. During her Iddat who is responsible for the paying of her everyday expenses? Expenses such as: Water & Lights, Telephone/mobile accounts, Domestic helper, Car maintenance, etc. Does this come out from the estate or is it the in-laws' responsibilities to pay for such expanses?

A. If her family members are by the means, they should take responsibility for her expenses. They will be rewarded for their kindness. If not, it can be taken out from the estate but the amount taken should be deducted from her share of the estate.
Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Two People in One Grave

Q: My father in law passed away 20 years ago and my mother in law remarried and her second husband also died. Is it permissable to bury my mother in law in the same qabar (grave) as my father in law? (my husband's father/my mother in law's first husband)

A. It is permissible to bury one Mayyit in the grave of another only if it is certain that the body of the first deceased has disintegrated and become sand. This is mentioned in most of the books of Fiqh. After 20 years it is possible that this has happened; hence it will be permissible to bury your mother-in-law in her husband’s grave.

And Allah knows best

Mufti Siraj Desai

Ruling for Person Drowned at Sea

Q: What is the Islamic ruling concerning a person who has drowned at sea and his body was not recovered? Should Salatul Janaazah be performed on him and if so when? What happens to his nikah (marriage); when should the iddah of his wife start and should inheritance be distributed and at what time?

A. According to the Hanafi Madhab, Janaazah Salaah can only be performed if the body of the deceased is present. Because as long as the body has not being recovered, his death is not confirmed.

In this case if the wife is able to spend the rest of her life without remarrying but still remaining chaste, then she should do so.

If not, then she will submit her case to a panel of Ulama that deals with such matters. After hearing her case they will instruct her to wait for four years from the date of the hearing. The time before the hearing took place will not be considered (will not be counted in the four years).
If the husband returns during this four year period, he will simply come back to his wife without any fuss.

If he does not return by the end of the four year waiting period, this panel of Ulama will now pass an official verdict that the husband is dead. Thereafter she will remain in Iddat for the stipulated period after which she will be free to remarry. (Fataawa Mahmoodiyah V13 P233).
Inheritance will be distributed when the panel declares the husband to be dead.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Calculating Iddat of Death

Q: My uncle passed away on the 13th October 2009/24th Shawaal 1430. Could you please advice as to the date when my aunt's iddat would be completed: Islamic date as well as English date and whether before Maghrib or after Maghrib.

A. One hundred and thirty days will be counted from the day of demise. Demise took place on 13 October/24 Shawwaal. Iddat will end 130 days after: 20 February 2010. The ending time of the Iddat will be the time of demise, e.g. if the uncle passed away at 10am, Iddat will end at 10am on this day. (Rules and regulations of the Iddat P11)

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Moving in Iddat

Q: My mum is 82 years old and needs constant supervision day and night. My father passed away and amongst the children we decided to take turns to care of her. She was unable to reside at one place. How will this effect her iddah period?

A: She should complete her Iddat at one place. You did not furnish a reason as to why she was unable to reside at one place. If it is because the children are taking turns to care for her at their respective homes, she should complete the Iddat at one venue and after the Iddat go to the different homes to be taken care of.

The children should make arrangements to come to the house where she is spending the Iddat and provide the care for her there. Only in a life and death situation is a woman in Iddat allowed to move to another house.

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Not Knowing Duas for Janaaza Salaah

Q: If one does not know the duas that you read in jannazah salat is there any other duas you can read?

A: The four Takbeers in the Janaazah Salaah are Fardh and the Du'aas are Sunnah. Thanaa is recited after the first Takbeer which every Muslim who performs daily Salaah knows. The only difference is that the words WA JALLA THANAA'UKA is added after WA TA'AALA JADDUKA. The Thanaa will still be valid without adding the extra words. Durood is recited after the second Takbeer which is recited in the daily Salaah, otherwise any other Durood will suffice. The Du'aa is after the third Takbeer. If you do not know this Du'aa then you can recite a Du'aa wherein Maghfirat (forgiveness) is being asked for oneself and for Muslims in general. Salaam is made immediately after the fourth Takbeer.

Until you learn the Du'aas, for a male just say: Allaahummaghfir lahu and for a female Allaahummaghfir lahaa.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Death Committees

Q: Are death committees halaal? Basically a death commitee involves a certain number of people. They all put in a monies and then when somebody passes away the money is used to pay for a funeral. Would this set up be considerd halal?

A: This type of fund must operate under the following conditions:
1) The 100 pounds each one contributes must be considered as lillah.

2) The money collected must be handed to one or more people who will be the representatives of all donors. These must be trustable and reliable people who are accountable for the money in their possession. To ensure protection of the funds it must be stipulated that they deposit the money in a bank, preferably an Islamic bank.

3) As long as the money is in their possession it will remain the ownership of the donors. That means that at any stage if any family wants their money back, it must be given to them.

4) The representatives can be mandated to spend the money on the funeral costs of the families who donated.

An alternative to the above is that each family donates 500 pounds. Take the total sum and purchase a property and then make the property waqf. The beneficiaries of the income of this waqf will be the 100 families who contributed money. A condition to be added here is that when these 100 families and their descendants are no more living then the beneficiaries of the waqf will be the poor. If this option is chosen then obtain further details and finality from your local ulema.

And Allah Knows Best

Moulana Nazeem Moosagie and Mufti Siraj Desai

Placing Stone Behind Deceased in Grave

Q: Is it permissible to place a stone or brick behind the mayyit in the grave so that the body does not fall back when laying it down towards qiblah? (Shaafi' Math-hab)

A: It is permissible to place a brick or stone behind the dead body for this purpose. (Hashiyatul-Jumal)

Funeral Rights

Q: During funeral of mother or father, who reserves more rights of taking funeral decisions (time fixing, etc)?

A: If the father dies, then his son has more rights than anyone else with regards to decisions related to the funeral, provided the son is capable of making decisions. If the mother dies then her husband (the father) has more rights in this regard. If a woman’s husband is not alive when she dies, then her son who is her wali will assume decision-making at the time of the funeral.

Answered by: Moulana Nazeem Moosagie; Checked and approved by: Mufti Siraj Desai

Identifying the Dead

Q: A woman was found dead. How do we detemine if she is Muslim or not?

A: If one is aware that Muslim women in the area use mehndi, or dress in a certain way, or apply a certain makeup peculiar to Muslims then this could be used as signs to determine the religion of the deceased female. Other that this, there is no way to ascertain from her body whether she is Muslim or not.

In that case you need to do the following:
a) Check for identification on her.
b) Ask people in the area where her body was found. Perhaps someone will know her.
c) Find out from the police and the 'Missing Persons Bureau' if someone with her description has been reported missing.

In the absence of proper identification from the above sources, one should use discretion. If the heart strongly feels that the deceased is a Muslim then give her an Islamic burial. If not, then wrap the body in one or two pieces of cloth, dig a hole and bury it. There will be no duas, janaaza salaah, etc.

Prepared by: Moulana Yusuf Laher; Checked by Mufti Siraj Desai

Lady in Iddah Attending Religious Gatherings

Q: Can a old woman who is in Iddah of the death of her husband, leave home to attend to religious gathering?

A: A woman in Iddah is not even allowed to go for Haj or Umrah. She will definitely not be allowed to leave her home to attend a religious gathering, irrespective of her age. (Al Fataawa Al Hindiyyah)

Prepared by: Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Making Profit from Deceased's Clothing

Q: Is it permissible to sell my deceased dad's clothing thus making a profit? my step-mom sent all his belongings to me. I have distributed some of his clothing to family but I have lots left. They are in good condition.

A: You are allowed to sell your deceased father’s clothing, even with a profit, provided you have the consent of all other heirs. Once they consent, sell the clothing and divide the proceeds among the heirs according to each one’s share.

Embracing or Seeing one's Dead Spouse

Q: What is the ruling on embracing/seeing one's deceased spouse?

A: It will be permissible for the husband to see his late wife, but not touch her. If the husband dies, the wife can see her late husband and touch him. (Imdaadul Ahkaam V1 p 724, 730)

There is no merit in embracing the deceased. In fact, embracing may be a means of Takleef (inconvenience) to the deceased.

And Allah Ta'aala knows best.

Prepared by: Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Praying for my Mother

Q: How do Isend dua (supplication) for my mother who has died, since I can not read Arabic? Can I get a transliteration?

A: Du'aa is not compulsory in Arabic, nor is there a need for a transliteration. Make Du'aa in your own language for her forgiveness, comfort in the grave, elevated status in the hereafter, etc. The Du'aa that you understand will be more effective, heartfelt and sincere.

Please make an effort to learn Arabic so that you can read Qur'aan, Salaah, etc.

May Allah Ta'aala grant your mother Maghfirat (forgiveness), and a lofty status in the hereafter. Aameen.

Prepared by: Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Reading Qur'aan by a Suicide

Q: If a person committed suicide can one go and read Quran by the dead body?

A: Yes, to read Quran by a deceased who died through suicide is permissible, as long as this is done after ghusl and kafan.

Using Make-up in Iddat

Q: Is a Shaafi’ee female allowed to wear make-up etc if she is in iddah after three talaaq?

A: It is sunnat for a Shafi’ee lady not to use cosmetics and adornment during her iddat of three talaaq. However, it is permissible do so and if she does use makeup and cosmetics, she will not be sinful. On the other hand, a woman who has lost her husband is prohibited from beautifying herself during the iddat. For her it is compulsory to abstain from all forms of adornment. (Haashiyatul Jumal)

Identifying Dead Female as Muslim or not

Q: If a dead body of a female is found, how we can recognise that she was a Muslim or a non Muslim?

A: If one is aware that Muslim women in the area use mehndi. or dress in a certain way, or apply a certain makeup peculiar to Muslims then this could be used as signs to determine the religion of the deceased female. Other that this, there is no way to ascertain from her body whether she is Muslim or not.
In that case you need to do the following:
a) Check for identification on her.
b) Ask people in the area where her body was found. Perhaps someone will know her.
c) Find out from the police and the 'Missing Persons Bureau' if someone with her description has been reported missing.
In the absence of proper identification from the above sources, one should use discretion. If the heart strongly feels that the deceased is a Muslim then give her an Islamic burial. If not, then wrap the body in one or two pieces of cloth, dig a hole and bury it. There will be no duas, janaaza salaah, etc.

Prepared by:
Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai

Leaving Home During Iddat When Life is in Danger

Q: Can a woman leave her home at time of her iddat if her life is in danger?

A: If a woman observing iddat is in real danger of losing life or limb, or she suffers from acute fear when alone, then she may leave her home and stay in a safer place. (Fataawa Hindiyyah V1 P535, Aljauharatun Nayyirah V4 P310)

Mufti Siraj Desai