Washing and burying the dead in Corona, prayer and divorce .. Legal fatwas in response to questions from readers of Al Jazeera Net

Al-Jazeera Net - private

As part of its coverage of the emerging corona virus pandemic and its interaction with the questions of readers, Al Jazeera Net publishes the second batch of legal fatwas related to the burial and wash of the dead and the separation of worshipers, and the wife's request for divorce from her married husband with another that does not secure her commitment to isolation and contact with the injured.

Al Jazeera Net has received the audience's questions via its social media platforms, and submitted them to the Fatwa Committee of the World Federation of Muslim Scholars. And previously Al Jazeera Net published a previous set of fatwas of the Union’s scholars on issues related to remote Tarawih prayers, Ramadan fasting, and the exit of a person with a coronary stone.

The federation said that the committee discussed the questions extensively, examined what the specialists had written about tight medical research, communicated with some experts, and viewed the benefit of the World Health Organization.

The following are the four fatwas approved by the committee:

The legal ruling for burying the dead because of Corona is it a ritual that must be established or is there nothing wrong with burning with fire or any other way to get rid of the body?

- Confirming what was issued in a previous fatwa from the committee that a Muslim must be honored alive and dead, when it was reported that Aisha, may God be pleased with her, that the Messenger of God, may God’s prayers and peace be upon him, said, “ Breaking the bone of the dead as breaking it alive ” and burning is the greatest scourge in the right of the dead from the fracture, and the greatest Insulting him, and express violation of the burial provisions in Islamic law.

Burial in Islam is worship and closeness, through:

1- What has been proven in word and deed by the Prophet, may God bless him and grant him peace, and his companions.

2- The work of the ummah, as it was not used in the history of Islam to resort to any means of disposing of the corpse except for burial, and the previous washing and prayer that precedes it, and the supplication and precedence of it for him during his funeral and burial.

3- The covenants of the history of Muslims, and even the People of the Book, the existence of graves of the dead, which are not disposed of by what some people do from burning.

4- Burial is a legal and sufficient obligation to visit graves from the afterlife. On the authority of Ibn Buraidah on the authority of his father, he said: The Messenger of God, may God’s prayers and peace be upon him, said, “I forbid you to visit graves and visit them.” In the narration, “visit them, for a visit is a reminder.” 

Based on the foregoing and sympathy for previous fatwas of the Federation of Muslim Scholars, the Committee recommends that it is not permissible to dispose of corpses by burning and others.

The Committee thanks the countries that took into account the religious peculiarities and the right of Muslims to bury their dead according to the provisions of their Islamic Sharia.

What is the ruling on washing and burying people who died due to the Corona virus? What is the best way to avoid this infection?

The Islamic Sharia is based on honoring a person alive and dead, and one of the manifestations of his honor is a dead person who washed and shrouded him, and the funeral of his funeral and burial, and prayers on him, and the wise street made him a sufficient obligation.

- The application of this legal ruling in this matter and in others may differ in abnormal and exceptional circumstances whenever the exercise of the act results in harm, harm, or spoilage that has been proven by the people of jurisdiction.

In the light of the verse: God does cost a soul beyond its scope } (Al - Baqarah: 286), and the verse: God does cost breath except what Ataha } [Al divorce 7], and says: { Allah obey what you can [Al Al-Taghabun: 16], and the Messenger of God, peace and blessings be upon him, said: “ If I commanded you to do a command, then they came from him as much as you could. ” (Sahih Al-Bukhari, Chapter of Exemption, p. 7288), and his saying: “ No harm is caused .”

In light of Shari’a affirming the achievement of the necessary intentions, and here it is the intention to protect the souls of those carrying out the Kafai obligation, which is a right for the group at the same time, and presenting it to other needs of need and improvement, such as the intent related to the interest of washing the shroud, shroud, funeral, and so on.

Accordingly, the Committee recommends that the dead person infected with the new coronavirus (COFED-19) be washed in coordination with the relevant authorities responsible for guarding and protecting against this epidemic, and if it is possible to wash it in a manner that does not transmit the infection, then it must be washed, and if this is not possible then resort to tayammum instead of washing, if it is not possible to perform tayammum Also it was left washed and claim fell legally. 

The committee also notes the responsible authorities to complete the burial procedures, and for the family of the deceased - if permitted by the team responsible for the burial procedures - participate in the burial ceremonies in accordance with the regulations and regulations that regulate those ceremonies in terms of adherence to and commitment to the number of participants, safety measures taken, and the righteousness of children to their father and the right to them to Do the funeral if the damage is safe.

With regard to praying upon him, if it is possible to pray for the deceased before his burial, even from one person, then he should pray for him, and with his prayers upon him the required duty is fulfilled, or he prays upon him after his burial at home or anywhere else, the absent prayer, provided that the safety and safety procedures and measures are observed.

What is the ruling for worshipers to be spaced and unstable due to the Corona pandemic?
Prayer in congregation is one of the apparent rituals and rituals of Islam. It has great intentions and great goals, and its establishment is one of the signs of the goodness of the nation and its good followers to its Prophet, peace and blessings be upon him. May God’s prayers and peace be upon him, by saying and he did the gathering of one imam with tight rows, adjacent feet, and incompatible combined hearts.

This required legal body may underestimate some of its Sunnah and its etiquette, including settling the rows and approaching the worshipers and closing the gaps between them due to an emergency such as the presence of masts and the separating walls for the need to build in mosques, or because of the fear of a Muslim approaching his brother for fear of spreading infection and transmission of diseases as is currently the case .

1- The Committee affirms the health of the councils, juristic councils and the Fatwa Committees, leaving the community and groups to avoid the damage of the Corona epidemic and preventing its spread between people, because purified Sharia is based on its sources and resources to facilitate and lift the embarrassment and pay the damage and spoilers private and public, and previous fatwas have shown detailed evidence On that.

2 - The origin of estimating the spoils resulting from the gathering of people in one place is for the competent medical authorities concerned with this, and Muslims are only required to adhere to the health instructions issued by these authorities, while recalling that these instructions are obligatory to follow in accordance with the consequences of violating the soul that may expose them to death and death The Almighty said: { And do not kill yourselves, for God was merciful to you } (An-Nisa: 29).

3. The settlement of rows in the plural, groups, Trasa, modify , and the completion of the first The first row and filling the vagina and the imbalance between the worshipers is Huda hard for our Prophet , peace be upon him, narrated that Anas bin Malik , may Allah be pleased with him from the Prophet , peace be upon him he said , " Make your rows straight, the settlement The class of prayer is complete, "and the majority of jurists carried the Prophet's guidance in that as from the Sunnahs of the congregational prayer and its etiquette and not from its duties and obligations, and they agreed that prayer is not invalidated by leaving the settlement of rows intentionally and unintentionally.

4 - The ruling on praying in congregation and Friday for the aforementioned body is correct, with the necessary health protection measures required, whether related to the safety of individuals in terms of age and health status of worshipers and their sterilization before entering the mosques, or related to the place in terms of health sterilization and so on.

The Committee recommends that there is nothing wrong with spacing the worshipers in the classroom from each other from a sufficient distance for health safety, so leaving the gap between the worshipers is hated by the majority of scholars in the event of choice and capacity, but in the case of need and necessity, this hatred will fall from the one who is charged with the rule of hatred falling at the slightest need.

And it notes to those who violate the procedures prescribed by the relevant health authorities to prevent gatherings in mosques and the like, and away from their supervision and approval for that, because he is sinful and bears full responsibility for the consequences of this violation, and that from the side of their violation of what was agreed upon by the fatwas of the councils and jurisprudence councils that this is forbidden Act and the prohibition of exposing themselves and their communities to the risk of spreading infection and disease.

Jurisprudence and Fatwa Committee of the World Federation of Muslim Scholars

 Sheikh Prof. Dr. Nour Al-Din Al-Khademi as Chairman

 Sheikh Prof. Dr. Ali Al-Qarah Daghi, Secretary General of the International Union of Muslim Scholars

 Sheikh Prof. Dr. Ahmed Al-Resouni, President of the International Union of Muslim Scholars

 Sheikh Dr. Fadl Murad is a member and a rapporteur

 Sheikh Prof. Dr. Ahmed Jaballah is a member

 Sheikh Dr. Sultan Al Hashemi is a member

 Sheikh Dr. Ahmed Kafi is a member

 Sheikh and Nis al-Mabrouk as a member

 Sheikh Salem Al-Sheikhi as a member

 Sheikh Prof. Dr. Saleh Al-Zanki is a member

Sheikh Dr. Mohammed Al-Rayes as a member

Does the wife have the right to ask for a divorce from her married husband with another woman from whom she does not secure her commitment to isolation and contact with the injured?

It is not permissible for a woman to ask for a divorce from her husband unless there is a valid reason for that, because he, peace and blessings of God be upon him, said: “Whatever woman asked her husband for divorce without anything wrong, then it is forbidden to smell heaven.” Narrated by Abu Dawud and Al-Tirmidhi.

- As for if there are legitimate reasons, such as the husband's refusal to perform his duty or any real harm and the means of reform are not possible, then it is permissible to communicate with her guardians or the control and judiciary departments to consider the request for divorce, and this is in agreement with an educated public.

What was reported regarding the fear of transmitting the infection through the second wife is not a justification for breaking the marriage contract and demolishing the marital homes, as this virus may infect any individual and become a carrier of the infection, and it is not correct for a man to resort to divorce or a wife to seek divorce in the event of such crises, but rather The first is to provide more physical and psychological care for the injured than to abandon him, as marital life is a partnership based on solidarity, loyalty, kindness and mercy.

It is possible to resort to more preventive measures, even by requesting temporary personal quarantine.

Member of the Fatwa Committee of the World Federation of Muslim Scholars

And Nice al-Mabrouk Abd al-Salam