Shar’i rulings regarding Islamic Sisters

Mufti Fuzail Raza Attari

Husband or wife giving Ghusl to the other after death

Question 1: What do the honourable scholars of Islam say regarding the following matter: After death, can a wife perform the Ghusl of her husband, or husband perform the Ghusl of his wife? Please answer in detail. Questioner: Basharat Ali (Ichhra, Lahore)

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: Upon the demise of the wife, the Nikah ends instantly, whereas upon the demise of the husband, the Nikah does not end instantly, rather, the Nikah will remain intact to a certain extent for the duration that the woman observes her ‘Iddah. Therefore, after the demise of her husband, a woman can perform his Ghusl, as the ruling of Nikah still remains. Likewise, if a husband gave a revocable divorce (Talaaq-e-Raj’i) during his lifetime and the ‘Iddah period was yet remaining and the husband passed away, then she can perform his Ghusl; because after a revocable divorce, the contract of Nikah does not end until the ‘Iddah period has elapsed. However, if the husband gave her an irrevocable divorce (Talaaq-e-Baa`in) before his passing, she cannot perform his Ghusl even if she is observing her ‘Iddah, as the irrevocable divorce terminates the Nikah.

As the Nikah comes to an end upon the demise of the wife, a husband cannot perform the Ghusl of his wife after her demise nor can he touch her body without a barrier in between; because when the Nikah has ended, then the permissibility of touching her and giving her Ghusl has also ended. Therefore, he can neither touch her nor can he perform her Ghusl.

Note: After the demise of the wife, the husband is only prohibited from giving her Ghusl and touching her; other matters, such as looking at her face, shouldering her bier and lowering her into the grave are permitted. As for that which is famous among people regarding a husband not being permitted to carry the funeral bier of his wife nor to lower her into the grave nor to look at her face is totally incorrect and baseless; they have no basis in the Shari’ah. 

وَاللہُ اَعْلَمُ  عَزَّوَجَلَّ  وَ رَسُوْلُہٗ اَعْلَم  صلَّی اللہ علیہ واٰلہٖ وسلَّم

The covering of a female’s hair during Salah

Question 2: What do the scholars of Islam and the Muftis of the mighty Shari’ah say regarding the following matter: In the matter of Satr-e-‘Awrat in Salah, is the hair of a woman that hangs down from her head considered a separate part of the body or is it a part of the hair that is on the head? Questioner: Abdullah (Lahore)

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: In terms of Satr-e-‘Awrat, the hair that is present on a female’s head is considered to be part of the head, and the hair that hangs below the head, i.e. that which is below the ears, is considered a separate part of the body. So if during Salah, the hair up to the ears is covered but a quarter of the hanging hair became uncovered and one complete Rukn (e.g. Ruku’ or Sujood) was performed in this state or it remained uncovered for the amount of time it takes to say سبحٰن الله three times, or if she uncovered it herself without any reason, then the Salah will become void, and if the opening Takbeer was said in this state, the Salah will not even commence.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

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