Dar al-Ifta Ahl al-Sunnah
1. Ownership of a deceased person’s pension
Q: What do the honourable scholars say about this issue: who legally owns the pension of the deceased person?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ
A: Some government and private employers give pensions when the employee dies. This payment is not part of their salary, and the deceased is never the owner of it, rather it is a gift from the employer.
Therefore, that money is not part of the deceased’s estate. It rightfully belongs to whoever the employer allocates it to. If the name of only one inheritor is mentioned, then only that inheritor has a right to that money. For example, if the wife of the deceased is alive, she is commonly appointed to receive the pension and will have ownership of it. The other inheritors have no right to it.
If, however, other inheritors besides the widow have specific monetary amounts specified for them, they are rightfully eligible to acquire the exact amount that has been specified in their favour. Whoever is rightfully deserving of an amount will become its owner after taking hold of it.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Answered by: Mufti Fuzayl Raza Attari
Nose pain preventing proper prostration
Q: What do the honourable scholars say about this issue: a spot has appeared on my nose which causes me considerable pain, especially when my nasal bone touches the floor when prostrating. Am I able to prostrate without having to place my nasal bone on the floor, and will my prayer be valid? Also, what is the ruling regarding all the prayers I have offered without touching my nasal bone to the floor?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ
A: In regard to your inquiry, if placing the nasal bone of the floor causes difficulty and pain, you may prostrate without it touching the floor. Your prayer will be valid without any issue. All the prayers you have offered in which you did not place your nasal bone ON the floor due to pain will also be considered valid. Bear in mind, placing and pressing the nasal bone to the floor is necessary (wājib) when there is no valid reason not to. Without this, prayer becomes severely disliked (makrūh taḥrīmī) and necessary to repeat.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Answered by: Mufti Fuzayl Raza Attari
Correcting the imam’s recitation (luqma)[1]
Q: What do the honourable scholars say about this issue: an imam recited Surah al-Qadr in Isha’s first unit of prayer and accidently left out a verse. One of those participating in the congregation, a child who is a hafiz, prompted the imam with a luqma, which the imam heard and corrected his error. The entire prayer was then completed as normal. My questions are: was this a correct occasion for giving luqma? Can a child interject like this? The hafiz in question is eleven years old and performs prayer correctly.
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ
A: In this situation, even if the skipping of a verse did not result in any distortion in meaning, it still amounts to a mistake in recitation. Interjecting with luqma is therefore valid in this situation due to it being scripturally stipulated.
The child who gave luqma is sensible and close to the age of puberty; when he performs the actions of the prayer correctly, then there is no negative effect on the prayer whatsoever due to his luqma. The prayer is correct and valid.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Answered by: Mufti Fuzayl Raza Attari
Digging up old graves to bury the newly deceased
Q: What do the honourable scholars say about this issue: I am a grave-digger, and I deal with many people who want graves made. Some ask me to dig a grave near one of their deceased family members or friends. I try to respect their wishes where possible. There are times in which there is no space or not enough space near a grave to dig another entire grave.
When this happens, they say that a certain grave is old, and its inhabitant no longer physically remains therein. They then ask me to dig a new grave on the site of the old. If space is present but not large enough to dig an entirely new grave, they ask me to take the remaining necessary space needed to dig a new one from the parameters of the old one. In short, they demand for me to dig up an old grave. Am I allowed to dig up an old grave on their behest?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ
A: Digging up the grave of a Muslim without a valid reason is impermissible and sinful, regardless of the age of the grave. The reason for this is that it entails disrespect and belittlement of the deceased which is forbidden. Burial near one’s deceased family members is not a necessity, and so forbidden actions are not permitted to facilitate this. Therefore, in this case, people making demands in this manner, as well as you acting on them, is impermissible.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Answered by: Muhammad Sa’īd Attari Madani
Authenticated by: Mufti Fuzayl Raza Attari
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