Question

What is the verdict given by the learned Ulama and the respected Muftis of Islam with regard to the below issues?

In our country, the law imposed by the government is that anyone who dies due to covid infection has to be cremated, there is no exception for anyone. Janaza is not handed over to the relatives. Ghusl and Takfeen of Janaza is also not done. After the cremation, ashes can be taken if needed. The questions are:

1. How do we perform the Janaza prayers?
2. Is it allowed to collect those remaining ashes and do the burial?
3. What is the ruling in paying for the cremation and coffin, where the government has ordered that if the relatives don’t take responsibility then it should be done under government expenses? If it is done by government expenses the ashes wouldn’t be handed over to the deceased family.

Please kindly enlighten us with your reply with these masaail and May Allah Subhanahu Wa Ta'ala reward you immensely for your services.

Mohammed Ameen Bhaila
Colombo, Sri Lanka

Answer

وعليكم السلام ورحمة الله وبركاته

الجواب بعون الملك الوهاب

Ruling on cremation

There is no doubt that the cremation of a deceased body whether Muslim or non-Muslim is absolutely forbidden in Islam. Allah, the Exalted, has said in the Quran,

﴿وَلَقَد كَرَّمنا بَني آدَمَ وَحَمَلناهُم فِي البَرِّ وَالبَحرِ وَرَزَقناهُم مِنَ الطَّيِّباتِ وَفَضَّلناهُم عَلى كَثيرٍ مِمَّن خَلَقنا تَفضيلًا﴾

“Verily We have honoured the children of Adam. We carried them on the land and the sea, and have made provision of good things for them and have made them superior above many of those whom we created.” [B. Israil: 70]

This esteem and honour that Allah has granted to man is not ceased after death but rather remains. This is why it is a communal obligation upon the community to bathe the Muslim deceased body, shroud it, perform prayer over it and to bury it, all with respect and honour regardless of the status of the deceased amongst them. These four obligatory practises are completely undermined and disregarded when the deceased is cremated. When a deceased is deprived of these obligatory practises, every person in the community is held accountable and sinful.

The act of cremation is not a single sin in Islam but rather a collection of sins. The failure of fulfilling four obligations is only the beginning of accumulating an abundance of sin. It is narrated by Sayyidah Aishah, Allah is pleased with her, that the Messenger of Allah, peace and blessings be upon him said,

كَسْرُ عَظْمِ الميِّتِ ككَسْرِهِ حيًّا

"Fracturing the deceased's bone is the same as fracturing the bone of the living.” [Abu Dawood]

Based on this, it is understood that burning the body of the deceased is like burning a person alive.

Sayyiduna Jabir, Allah is pleased with him, said,

سَمِعْتُ رسولَ اللَّهِ صلَّى اللَّهُ علَيهِ وسلَّمَ نَهَى أن يقعدَ على القَبرِ، وأن يُقصَّصَ ويُبنَى علَيهِ

“I heard the Messenger of Allah, peace and blessings be upon him, prohibited sitting on a grave, trimming it and building on it.” [Abu Dawood]

If sitting, trimming and building on the grave is prohibited because it causes discomfort to the deceased in the grave then one can only imagine the severity of harm that cremation causes to the deceased. The Muslim Jurists have forbidden walking in haste while carrying the deceased or unnecessarily touching the body etc because even that causes them discomfort.

Imam Ahmed Raza, Allah is pleased with him, writes,

جس طرح مسلمان قبر میں سنتاہے یونہی ہندو کافر مرگھٹ میں، جس وقت اس کے کان آنکھ کو آگ دیتے ہیں وہ ان آگ دینے والوں کو دیکھتا ان کی باتیں سنتا اس آگ کی اذیت کا احساس کرتاہے۔ آنکھ کان اعضا ء کو جلتا دیکھتا ان پر آگ بھڑکنے کی آواز سنتا ہے اور جب جل بجھ کر راکھ ہوجاتے ہیں جب بھی دیکھتا سنتا ہے۔

“The deceased Hindu and Non-Muslim sees and hears while in the crematorium just like the Muslim sees and hears in his grave. He sees the people that set his ears and eyes on fire, he hears their conversations and feels the pain while burning. He sees the eyes, ears and limbs burning, he hears the sound of the fire flare up and he continues to see and hear even after burning to ashes.” [Fataawa Razawiyyah]

It is a complete violation of the deceased's rights and causing severe harm to the deceased, and for a Muslim, a very high degree of indignity and insult after death. Islam has forbidden the burning of animals and insects let alone the body of a deceased Muslim.

It is narrated by Sayyiduna Uthman Bin Hibban, he said,

كنت عند أم الدرداء - رضي الله عنها - فأخذت برغوثا فألقيته في النار فقالت: سمعت أبا الدرداء يقول: سمعت رسول الله - صلى الله عليه وسلم - يقول: «لا يعذب بالنار إلا رب النار

“I was with Umm Darda', Allah is pleased with her, and I caught a flea and threw it in the fire, so she said, I heard Abu Darda' saying: I heard the Messenger of Allah, peace and blessings be upon him, saying, none must punish by the fire but Allah.” [Fath Al-Qadeer]

Imam Ibn Abideen Shami writes,

قوله يكره إحراق جراد أي تحريما ومثل القمل البرغوث ومثل العقرب الحية

“His statement that the burning of locust is disliked means forbidden (Haram) and the same rule applies for burning fleas as it does for lice and for snakes as it does for scorpions.” [Radd Al-Muhtar]

Imam Shaami further writes in answer to an objection raised regarding the permission of burning a dead animal when necessary because they do not feel pain after death,

هذا خاص ببني آدم؛ لأنهم يتنعمون ويعذبون في قبورهم بخلاف غيرهم من الحيوانات وإلا لزم أن لا ينتفع بعظمها ونحوه

“This (feeling of pain) is specific to humans because they enjoy comfort and face punishment in their graves as opposed to other than them such as animals, otherwise, it would have been forbidden to benefit from their bones and other parts.” [Radd Al-Muhtar]

Humans are subject to punishment and reward in the grave and this is a fundamental belief proven from the Kitaab and Sunnah.

Furthermore, cremation is the practice of Non-Muslims and the Messenger of Allah, peace and blessings be upon him, in several narrations ordered us to oppose the polytheists,

خالفوا المشركين

“Oppose the polytheists.” [Bukhari and Muslim]

Imam Sadr Al-Shariah said, with reference to Al-Durr Al-Mukhtar,

میت کے دونوں ہاتھ کروٹوں میں رکھیں سینہ پر نہ رکھیں کہ یہ کفار کا طریقہ ہے

“Both the hands of the deceased should be placed on the sides and not on the chest because that is the way of the non-Muslims.”

If the Shariah of Allah, the exalted and the Messenger of Allah, peace and blessings be upon him, dislikes the resemblance of non-Muslims even in matters such as the placement of the deceased's hands on the chest, then, without doubt, burning the deceased and turning them into ashes and dust causes the immeasurable anger of Allah and hurts our Savior and Master, the Messenger of Allah, peace and blessings be upon him.

If Allah has granted us honour and prestige by making us amongst mankind, then it is obligatory upon us to protest and fight for our rights in every permissible means to overturn this irreligious and profane law and avoid the anger of Allah, and save ourselves from this major sin and violation of rights.

As for those who are helpless, under compulsion, and constrained then verily there is hope for forgiveness and Allah is most merciful and forgiving.

Necessitating the cremation of the deceased bodies due to covid-19 is not only against the law of Islam but in fact, a contradiction of the experts in risk handling relied upon by the governments around the globe. The interim guidance they have given to the governments of the world is that the virus is spread through contact with contaminated respiratory droplets, thus, they categorically state that the deceased body is not infectious and it is a myth that the body must be cremated.

The Muslims of Sri Lanka must appeal to the government to stop this oppression and infringement of rights. Those in the position of power must exercise their power and those in the position of speaking must speak against it and those who can write must write against it and those who are completely helpless and have no authority at all must at the least oppose it in their hearts.

Imam Muslim has recorded that Marwan (the governor of Madinah) was the first to innovate the act of giving the Khutbah before the Eid Salah and a man stood up and spoke against it although Marwan continued his innovation and didn't take heed of the advice, Sayyiduna Abu Sa'id Al-Khudri, Allah is pleased with him, said that the man has fulfilled his duty and saved himself from wrong, and then said,

سَمِعْتُ رَسولَ اللهِ صَلَّى اللَّهُ عليه وسلَّمَ يقولُ: مَن رَأَى مِنكُم مُنْكَرًا فَلْيُغَيِّرْهُ بيَدِهِ، فإنْ لَمْ يَسْتَطِعْ فَبِلِسانِهِ، فإنْ لَمْ يَسْتَطِعْ فَبِقَلْبِهِ، وذلكَ أضْعَفُ الإيمانِ

I heard the Messenger of Allah, peace and blessings be upon, saying: He who sees a wrong should correct it by his hand. If he cannot, then (he should correct it) by his tongue if he cannot then with his heart and that is the weakest of faith. [Muslim]

This does not permit the use of violence or rioting but rather is a command for those who do have the authority to use force such as the government or appointed officers should correct the wrong using force or a parent or older sibling who can use his hands to correct the younger one. Those who have the right to make their voice heard, must make some noise. Muslims must protest peacefully but effectively and exercise every means within the law to win their rights.

Ghusl, Shrouding and Janazah Salah 

1. There is no Ghusl, shrouding or Janazah Salah for the deceased if the body has been cremated and burnt to ashes and dust. One of the conditions for the Janazah Salah is the presence of the deceased body in flesh. Once the body is burnt to ashes, the body is no more.

Imam Sadr Al-Shariah with reference to Al-Durr Al-Mukhtar and Radd Al-Muhtar writes,

جنازہ کا وہاں موجود ہونا یعنی کل یا اکثر یا نصف مع سر کے موجود ہونا لہٰذا غائب کی نماز نہیں ہو سکتی.

“The condition of the deceased being present means the presence of the whole body, most of it or half of it with the head. Therefore, the Salah of the absent cannot be.” [Bahar-e-Shariat]

He further writes with reference to Fataawa Alamghiri and Al-Durr Al-Mukhtar,

کسی مسلمان کا آدھے سے زیادہ دھڑ ملا تو غسل و کفن دیں گے اور جنازہ کی نماز پڑھیں گے اور نماز کے بعد وہ باقی ٹکڑا بھی ملا تو اس پر دوبارہ نماز نہ پڑھیں گے اور آدھا دھڑ ملا تو اگر اس میں سر بھی ہے جب بھی یہی حکم ہے اور اگر سر نہ ہو یا طول میں سر سے پاؤں تک دہنا یا بایاں ایک جانب کا حصہ ملا تو ان دونوں صورتوں میں نہ غسل ہے، نہ کفن، نہ نماز بلکہ ایک کپڑے میں لپیٹ کر دفن کردیں

“The bathing, shrouding and Janazah Salah will be carried out if more than half a body of a deceased Muslim is found and if after the Salah, if the rest of the body is found then the Salah will not be repeated on it. The same rule applies if half the body is found with the head. However, if half the body is found without the head or only one half of the body from head to toe is found, whether it is the right side or the left side, then in all these cases, there is no bathing, shrouding or Salah, instead, it will be wrapped in cloth and buried.” [Bahar-e-Shariat]

This very aforementioned text is also present in Fath Al-Qadeer of Imam Ibn Hummam,

وإذا وجد أطراف ميت أو بعض بدنه لم يغسل ولم يصل عليه بل يدفن إلا إن وجد أكثر من النصف من بدنه فيغسل ويصلى عليه، أو وجد النصف ومعه الرأس فحينئذ يصلى عليه. ولو كان مشقوقا نصفين طولا فوجد أحد الشقين لم يغسل ولم يصل عليه

Imam Ibn Hummam further explains the reason for this,

ولأن الصلاة لم تعرف شرعا إلا على تمام الجثة، إلا أنه ألحق الأكثر بالكل فيبقى في غيره على الأصل

“And (Salah of Janazah will not be prayed over the remains) because the Salah is only prescribed upon the whole body and the majority is considered as the whole and thus the rest (of the remains) will remain on the original rule.”

If it is only ashes that remain then that is far from the majority of the body. One may argue that the remaining ashes are the whole body but in Islamic Law, it is the apparent and appearance that is considered and not the concealed and hidden.

The Messenger of Allah, peace and blessings be upon him, said and this is a principle in Law,

الحكم بالظواهر

“The law is based on the appearances.” [Al-Ashbaah Wa Al-Naza'ir]

This means, if there is no apparent body, then there is no Janazah Salah. Instead, the Muslims should pray for the deceased, seek forgiveness for him or her and do Isaal (sending) of reward.

Burial of the ashes

2. There is no harm in taking the remainings of the cremation and placing them in a cloth and then burying them. This is not an obligation but there is nothing to forbid it and it is known in the Law of Islam that any remaining of the body should be buried and that includes the nails when clipped and the hair when trimmed, cut or shaved.

Additionally, there are certain elements in the backbone which do not perish and nor can they be burnt by fire. These remain even after cremation. The soul remains connected to these elements and they are the actual subject for reward and punishment after death whether in the grave or not.

Sayyiduna Abu Hurairah, Allah is pleased with him, narrated,

ليسَ مِنَ الإنْسانِ شيءٌ إلَّا يَبْلَى، إلَّا عَظْمًا واحِدًا وهو عَجْبُ الذَّنَبِ، ومِنْهُ يُرَكَّبُ الخَلْقُ يَومَ القِيامَةِ

“Everything of man will decompose besides one bone which is, 'Ajb Al-Zanab', and all creation will be assembled from it on the day of Judgement.” [Bukhari and Muslim]

Please note that this narration is not free from exception. The Scholars have written in the explanation of this narration that the Prophets and Messengers of Allah, peace and blessings be upon them all, are exempt from their bodies being decomposed by the earth and this exception is narrated in another sound Hadith. Similar to this is the condition of all those from amongst the pious whose bodies are free from being decomposed by the earth such as Martyrs and the Awliya.

Imam Sadr Al-Shariah has given further detail regarding these elements in the backbone, he writes,

جسم اگرچہ گل جائے، جل جائے، خاک ہو جائے، مگر اُس کے اجزائے اصلیہ قیامت تک باقی رہیں گے، وہ مُوردِ عذاب وثواب ہوں گے اور اُنھیں پر روزِ قیامت دوبارہ ترکیبِ جسم فرمائی جائے گی، وہ کچھ ایسے باریک اجزا ہیں ریڑھ کی ہڈی میں جس کو ’’عَجبُ الذَّنب‘‘ کہتے ہیں، کہ نہ کسی خوردبین سے نظر آسکتے ہیں، نہ آگ اُنھیں جلا سکتی ہے، نہ زمین اُنھیں گلا سکتی ہے، وہی تُخمِ جسم ہیں.

Whether the body melts, dissolves, burns or turns in to ashes, its original elements will remain. They will be the subject of reward and punishment. The body will be assembled based on them on the day of Judgement. These are fine elements in the backbone that are called, 'Ajb Al-Zanab'. They cannot be seen by any microscope, nor can any fire burn them and nor can the earth decompose them. They are the seed of the body. [Bahar-e-Shariat]

Based on the above, the ashes should be retrieved and buried. Although this is not an obligatory practise because the law in Shariah is based upon the apparent. There is also no harm in placing a sign at the place where these remains are buried for remembering the deceased. There is also no harm in visiting these graves and saying Salam and doing Isaal of Sawaab at these places for surely the Muslim deceased will receive the comfort and reward of the afterlife even after they have suffered an infringement of their rights and the transgression of cremation and Allah knows best.

Paying for the expenses of Cremation

3. It is impermissible and sinful to provide the expenses for a forbidden act because it is supporting and helping the sinner in his sin.

Allah, the Exalted, prohibited this explicitly in the Quran,

﴿وَلا تَعاوَنوا عَلَى الإِثمِ وَالعُدوانِ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَديدُ العِقابِ﴾

“And do not help one another in sin and injustice, and fear Allah; indeed Allah’s punishment is severe.” [Al-Ma'idah: 2]

He who supports the cremation of deceased human bodies in anyway, whether physically or financially, is also sinful and if it is enforced upon the Muslims and they have no escape from it then Allah does not burden a soul with that which he or she can not bear and Allah knows best.

Faqeer Zahid Hussain Al-Qadiri