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At death husband wife become non mehram.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Marne ke baad mian aur biwi ek doosre keliye na mahrram ho jaate hai. Kya aakri deedaar karna jaahiz hai?

(Translation: After death husband and wife become non-mehrams to each other. Is it lawful or permissible in Islam for surviving spouse to take a last look at their deceased spouse after their death?)

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

At death husband wife become non mehram

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Respected brother in Islam, we assure you in the Blessed Name of Allah Subhanah, that there is absolutely nothing in Shariah Law which even remotely declares that a husband and a wife become non-mehram at the death of their spouse! Not only is it absolutely lawful and permissible in Islam for a surviving spouse to take a last look at their beloved deceased spouse, there is allowance in Shariah for the surviving spouse to even fulfill the rite of the final ‘ghusl’ of their deceased spouse, if indeed they wish to do so.

 

The majority of scholars consider it permissible, as is shown by a report, narrated by ad-Daraqutni and Al-Baihaqi, that Hadrat Ali (r.a.) washed the body of his deceased wife Hadrat Fatimah (r.a.) upon her death. This is also supported by a hadith that the Prophet (saws) said to 'Aishah: "If you die before me, I will myself wash you and enshroud you." Related by Ibn Maajah.

 

Fiqh-us-Sunnah Fiqh 4.31

The jurists are agreed on the permissibility of a wife washing the body of her dead husband. Hadrat Aishah (r.a.) said: "Had I known then what I know now, I would not have allowed anyone, except his wives, to wash the body of the Prophet (saws)." Related by Ahmad, Abu Daw'ud, and by al-Hakim.

 

Shariah Laws allows and permits the husband to wash the body of his deceased wife in preparation for her funeral, if indeed he wishes to do so (and vice versa); and there is absolutely no restriction in Shariah if the husband (or the wife) wish to see the face of their deceased spouse.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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