The Sharee’ah Ruling On Condolences, Specified Days of Mourning etc


In The Name of Allaah, The Most Merciful, The Bestower of Mercy.

Allaah [The Exalted] said: [إِنَّكَ لَا تَہۡدِى مَنۡ أَحۡبَبۡتَ وَلَـٰكِنَّ ٱللَّهَ يَہۡدِى مَن يَشَآءُ‌ۚ وَهُوَ أَعۡلَمُ بِٱلۡمُهۡتَدِينَ – Indeed, (O Muhammad), you do not guide whom you like, but Allah guides whom He wills. And He knows best those who are the guided]. [Surah Al-Qasas. Aayah 56]

Narrated Al-Musaiyab: When Abu Talib was on his death bed, Allah’s Messenger [peace and blessings of Allaah be upon him] came to him and found with him, Abu Jahl and Abdullah bin Abi Umaiya bin Al-Mughira. Allah’s Messenger (ﷺ) said, “O uncle! Say: None has the right to be worshipped except Allah, a sentence with which I will intervene on your behalf in the presence of Allaah (i.e. on yawmul qiyaamah).” So, Abu Jahl and Abdullah bin Abi Umaiya said to Abu Talib, “Will you now turn away from religion of `Abdul Muttalib?” Allah’s Messenger (ﷺ) kept on inviting him to say that sentence while the other two kept on repeating their sentence before him till Abu Talib said – as the last thing he said to them- “I am on the religion of Abdul Muttalib,” and refused to say: None has the right to be worshipped except Allah. So, Allah’s Messenger (ﷺ) said, “By Allah, I will keep on asking Allah’s forgiveness for you unless I am forbidden (by Allah) to do so.” So Allah revealed: [مَا كَانَ لِلنَّبِىِّ وَٱلَّذِينَ ءَامَنُوٓاْ أَن يَسۡتَغۡفِرُواْ لِلۡمُشۡرِڪِينَ وَلَوۡ ڪَانُوٓاْ أُوْلِى قُرۡبَىٰ مِنۢ بَعۡدِ مَا تَبَيَّنَ لَهُمۡ أَنَّہُمۡ أَصۡحَـٰبُ ٱلۡجَحِيمِ – It is not befitting for the Prophet (ﷺ) and those who believe that they should invoke (Allah) for forgiveness for pagans, even though they be of kin, after it has become clear to them that they are the dwellers of the Fire (because they died in a state of disbelief)]. [Surah at-Tawbah. Aayaah 113]
And then Allah revealed especially about Abu Talib: [إِنَّكَ لَا تَہۡدِى مَنۡ أَحۡبَبۡتَ وَلَـٰكِنَّ ٱللَّهَ يَہۡدِى مَن يَشَآءُ‌ۚ – Verily! You (O, Muhammad) guide not whom you like, but Allah guides whom He will]. [Saheeh Al-Bukhaari. Number 4772]

Imaam As-Sadi [may Allaah have mercy upon him] commented on the Aayah:

[مَا كَانَ لِلنَّبِىِّ وَٱلَّذِينَ ءَامَنُوٓاْ أَن يَسۡتَغۡفِرُواْ لِلۡمُشۡرِڪِينَ وَلَوۡ ڪَانُوٓاْ أُوْلِى قُرۡبَىٰ مِنۢ بَعۡدِ مَا تَبَيَّنَ لَهُمۡ أَنَّہُمۡ أَصۡحَـٰبُ ٱلۡجَحِيمِ – It is not befitting for the Prophet (ﷺ) and those who believe that they should invoke (Allah) for forgiveness for pagans, even though they be of kin, after it has become clear to them that they are the dwellers of the Fire (because they died in a state of disbelief)] – Meaning, it is neither befitting nor something good for the Prophet and those who believe in him “to seek forgiveness for the polytheists”, meaning, for those who disbelieve in Allah and worship others besides Him, “even though they be of kin, after it has become clear to them that they are dwellers of the Fire (because they died in a state of disbelief)”, because indeed seeking forgiveness for them in such a situation is an error and carries no benefit. Therefore, it is not befitting for the Prophet and the believers to do this, because they (i.e. their relatives and others) died whilst ascribing partners to Allah in worship, or if known that they died in such a state, they are deserving of punishment and it is inevitable that they are to abide in hell forever- neither the intercession of those whom (Allaah has allowed to) intercede nor those who seek forgiveness for them will benefit. Furthermore, it is obligated on the Prophet and those who believe with him to agree with their Lord in what pleases Him and what angers Him. (1)

Anas [may Allaah be pleased with him] said, “A young Jewish boy used to serve the Prophet [peace and blessings of Allaah be upon him] and he became sick; so the Prophet went to visit him. He sat near his head and asked him to accept Islam. The boy looked at his father, who was sitting there; the latter told him, “Obey Abul-Qasim” and the boy submitted to Allaah in Islam. The Prophet came out saying, “All praise is due to Allaah Who saved the boy from the Hell-fire.” (2)

Al-Allaamah Zayd Bin Haadi Al-Mad’khali [may Allaah have mercy upon him] said, “There is proof in this hadeeth about visiting the sick even if he is an unbeliever. And if visiting him is accompanied with inviting him to accept Islam, then this is radiance upon radiance, as the Prophet [peace and blessings of Allaah be upon him] visited the boy who used to serve him and invited him to Islam, so Allaah wanted good for him in the Afterlife and saved him from the hell fire by his submission to Allaah in Islam. In this is proof that one cannot be saved from the fire except through entry into Islam. (3)

Burying a Deceased non-Muslim

Ali [may Allaah be pleased with him] reported: I said to the Prophet (ﷺ): “Your old and astray uncle has died”. He said, “Go and bury your father”, I said, “I will not bury him, indeed he died as a polytheist”. He said, “Go and bury him and then do not do anything until you come to me”. So I went, buried him and came to him. He ordered me (to take a bath), so I took a bath, and he supplicated for me with supplications that were more pleasing to me than everything on the earth”.

Some benefits – from this hadeeth – mentioned by Imaam Al-Albaanee [may Allaah have mercy upon him]: It is legislated (in Islam) for a Muslim to undertake the burial of his polytheist relative, and that does not contradict the hatred he has for him due to his state of Shirk (i.e. because his relative ascribes partners to Allaah in worship). Do you not see that Ali [may Allaah be pleased with him] initially refrained from burying his father based on his statement, “Indeed, he died as one who ascribes partners to Allaah in worship”, whilst thinking that undertaking his burial in such a situation is included in the forbidden types of loyalty mentioned in Allaah’s statement:

[لَا تَتَوَلَّوْا قَوْمًا غَضِبَ اللَّهُ عَلَيْهِمْ – Take not as allies the people who incurred the Wrath of Allah].

So, when the Prophet [peace and blessings of Allaah be upon him] repeated the command to him, he hastened to comply with it, and left what he held at first. So, obedience is that a person abandons his opinion due to a command of his Prophet [peace and blessings be upon him]. It appears to me that a child burying his polytheist father or mother (after they’ve passed away) is the last thing that a child has to do in terms of good companionship with a polytheist father (or mother) in this worldly life. As for after the burial, he does not have the right to supplicate or seek forgiveness for him due to the clear statement of Allaah [The Exalted]:

[مَا كَانَ لِلنَّبِىِّ وَٱلَّذِينَ ءَامَنُوٓاْ أَن يَسۡتَغۡفِرُواْ لِلۡمُشۡرِڪِينَ وَلَوۡ ڪَانُوٓاْ أُوْلِى قُرۡبَىٰ – – It is not befitting for the Prophet (ﷺ) and those who believe that they should invoke (Allah) for forgiveness for pagans, even though they be of kin…]

And when it is the case this is the affair, then what is the situation of those who invoke for mercy and forgiveness – in newspapers and magazines – for some of the unbelievers in the death announcements for a few dirhams! Therefore, let him who fears Allaah take care of his Hereafter. (4)

Shaikh Abdul Waahid Abu Khadeejah [may Allaah preserve him] quotes Imaam Al-Albaanee [may Allaah have mercy upon him] who also stated: “I say: from this you come to know the error of some of the Muslims today who invoke the mercy of Allah and His pleasure upon some of the non-Muslims. And this is something being done plentifully by some [Muslim] journalists. Indeed I have heard that one of the heads of the Arabs who is well known for religiosity invoked the mercy of Allah upon Stalin the communist; both himself and his ideology is the from the severest, most vehement enemies of Islam! And that was a speech delivered in a radio broadcast by this leader upon the occasion of the death of Stalin. And it is not surprising that this ruling is unknown to the likes of this person. However, what is surprising is that some of the Islamic callers have also fallen into this, wherein one of them said in a treatise, “May Allah have mercy upon the [deceased] Bernard Shaw…” And some trustworthy narrators mentioned to me that one of the sheikhs would pray the funeral prayer over those who died from the esoteric (Bātinee) sect of Isma’īlees whilst he himself believes that they are non-Muslims, due to the fact that they don’t believe in the Prayer (Salāh) or the Hajj and they worship a human being! Yet alongside all this he prays over their deceased out of hypocrisy and wishing to impress them. And to Allah is the complaint and His aid is sought”. [Ahkāmul-Janā’iz, p. 124] https://abukhadeejah.com/an-nawawi-and-al-albani-on-seeking-forgiveness-for-the-deceased-non-muslims/ ]

Condolence to a non-Muslim

Imaam Abdul Azeez Bin Baaz [may Allaah have mercy upon him] said: There are three views; some scholars prohibited and some of permitted it, and some of them further explained that if the ruler sees a benefit in repelling evil and bringing about good, it is permissible for him to do that by congratulating, visiting the sick, condoling, or the like. If he considers that to be good for Muslims – to repel the evil of the enemies and the like, and they (i.e. the rulers) do not intend (or aim) to agree with their falsehood (i.e. not intentionally uttering or doing anything that opposes Islam whilst congratulating the unbelievers or sending condolences etc); but rather they intend (or aim) to benefit the Muslims, protect the Muslims from the plots of the enemies, eager to repel the harm (of the enemies) or so that the enemies accept Islam, then this is permissible. This is the statement that is based on the balanced path and the most upright (based on the Sharee’ah evidences), and that is to examine the affairs that will bring about welfare and the affairs that might cause harm. So, if affairs related to welfare necessitates that (i.e. to send condolences to the unbelievers), it is permissible to offer condolences, visit the sick and congratulate. Unless this is done to bring about welfare for the Muslims – neither out of loving falsehood nor hating truth, otherwise it is impermissible. And due to this, the Prophet [peace and blessings of Allaah be upon him] visited the Jew who used to serve him when he was sick, whilst hoping that Allaah will guide him. So, when the Prophet invited him to Islam, he looked at his father, then his father said, “Obey Abul Qaasim” and thus he testified that none has the right to be worshipped except Allaah and that Muhammad is Allaah’s Messenger. Allaah guided the Jew and the Prophet came out, saying, “All praise is due to Allaah Who saved the boy from the Hell-fire.” (5)

Al-Harb said: Ishaq narrated from Muslim Ibn Qutaybah, who narrated from Katheer Bin Abaan, who narrated from Ghaalib, who said that Al-Hasan said, “When you give condolence to a Dhimmi (i.e. a non-Muslim citizen of a Muslim State), say, ‘May nothing happen to you except good”.

Congratulations: The scholars warn against congratulations that might indicate that one is pleased with the religion of the unbelievers, such as the statement uttered by the ignorant people, “May Allaah protect or grant you wellbeing by way of your religion” and what is similar to this statement. As for the congratulation that is tantamount to uttering a specific statement of disbelief, this is unlawful based on the consensus of the scholars, such as congratulating them during their festivals, saying, “May this be a blessed holiday (or festival) for you” or “Congratulations on this holiday (i.e. related to religious practice, ritual, belief)”, because even if the one who utters this statement is safe from disbelief, it is one of the Muharramaat (unlawful deeds), and it is tantamount to congratulating him (i.e. a Christian) for prostrating to the Cross; rather this (congratulation) is a greater sin and more hateful – in the Sight of Allaah- than congratulating a person for drinking alcohol, committing murder, illegal sexual intercourse and what is similar. (6)

Specified National Days of Mourning On Behalf of Personalities

Imaam Abdul Azeez Bin Baaz [may Allaah have mercy upon him] said, “Indeed, it has become the custom of many Islamic countries in this era to specify – by way of an order- a period of three days of mourning, or less or more, for the kings and leaders together with the cessation (of work) in government departments and flags flown at half-mast. There is no doubt that this act is contrary to Muhammad’s Sharee’ah, and it contains an imitation of the enemies of Islam. (see footnote a) It has been reported in the authentic hadiths – transmitted from Allaah’s Messenger [peace and blessings of Allaah be upon him] – that prohibit specifying days of mourning and cautioning against it, except in the case of a wife, because she mourns her husband for four months and ten days. As for other than this in relation to specifying days of mourning, it is not allowed by the Sharee’ah, and there is nothing in the perfected Sharee’ah that allows it to be done for a king, leader, or other than them.

Indeed, during the lifetime of the Prophet [peace and blessings of Allaah be upon him], his son Ibrahim, his three daughters and other individuals died, but he did not specify days of mourning for them. During his time, leaders were killed, but he did not specify days of mourning for them, such as Zaid Bin Haritha, Jafar Bin Abi Talib and Abdullah Bin Rawahah.

Then the Prophet [peace and blessings of Allaah be upon him] died- and he was the most honorable of the creation, the best of the Prophets, the master of the children of Adam, and the calamity that afflicts humankind because of his death is the greatest of calamities, but the Companions did not specify days of mourning for him. (see footnote b). Then Abu Bakr As-Siddiq died – and he is the best of the Companions, and the most honorable of creation after the Prophets, but days of mourning were not specified for him. Then Umar, Uthman and Ali were killed, and they are the best of creation after the Prophets and after Abu Bakr, but days of mourning were not specified for them. And likewise, all the Prophet’s companions passed away, but days of mourning were not specified for them. The Imaams of Islaam and the leaders of guidance amongst the scholars of the Taabi’een and those after them died, such as Sa’eed Ibn al-Musayyib, Ali Ibn Al-Husayn Zain Al-Aabideen and his son Muhammad Bin Ali, Umar Bin Abdil Azeez, Az-Zuhree, Imaam Abu Haneefah and his two companions, Imaam Maalik Bin Anas, Al-Awzaa’ee, Ath-Thawree, Imaam Ash-Shaafi’ee, Imaam Ahmad Bin Hanbal, Ishaaq Ibn Rahaawayh and other than them amongst the Imaams of knowledge and guidance; but days of mourning were not specified for them.

If this was good, the righteous predecessors would have preceded in doing so, and all good is in following them, and all evil is in opposing them. The Sunnah of Allaah’s Messenger [peace and blessings of Allaah be upon him]-, which we have already mentioned- shows that what our righteous predecessors did by not specifying days of mourning for other than non-spouses is the truth and what is correct; and that what people do today by specifying days of mourning for kings and leaders is a matter that contradicts the pure Sunnah together with the many harms that it entails- the disruption of welfare and the imitation of the enemies of Islam. And due to this, one should know that what is obligated on the Muslim leaders and notables is to abandon specifying days of mourning and follow the path of our righteous predecessors – the Companions of the Prophet and those who followed their path. It is incumbent upon the people of knowledge to warn people of this, notify them and acquaint them with this, in fulfillment of the duty of advice, cooperation upon righteousness and piety. (7)

 

The Ruling On Minutes Silence – By The Scholars of Lajnah Daa’iamah

What some people do by standing for a while in silence – in order to pay homage to martyrs or dignitaries, or people of status, or to honor and show respect to their souls and specify mourning for them – is one of the evils and the initiated innovations in religious affairs, which was neither present in the Prophet’s era [peace and blessings of Allaah be upon him] nor during the era of the companions, nor during the era of the righteous predecessors. It is not in agreement with the etiquettes of pure Islamic Monotheism and sincerity in exalting Allaah; but rather some of the Muslims who are ignorant about their religion follow those – amongst the unbelievers – who innovated it, blindly follow them in their customs, exaggeration of the status of their leaders and notables -whether dead or alive. Indeed, the Prophet [peace and blessings of Allaah be upon him] forbade us from imitating them. (see footnote c) And what is known in Islam from the rights of its adherents is to supplicate for the dead Muslims, give alms on their behalf, mention their virtues and refrain from speaking ill of them (see footnote d), and many of the etiquettes which Islam has clarified, urge the Muslim to observe them, whilst dealing with his brothers, living and dead; but it does not include standing in mourning with silence in order to pay homage to the martyrs or dignitaries; rather this is from that which the principles of Islam reject. (8)

Finally, we ask Allaah to grant us the Tawfeeq to adhere to the pure Sunnah and distance from everything that opposes it. However, the above does not negate living with non-Muslims with fine conduct and fulfilling covenants. Must read following articles:

The Life of the Muhammad in Madinah: Treaties, Conquests and his Death
https://abukhadeejah.com/the-life-of-the-muhammad-in-madinah-treaties-conquests-and-his-death/

Living With Non-Muslims In The West: With Fine Conduct
https://abukhadeejah.com/living-with-non-muslims-in-the-west-with-fine-conduct/

Alliance with the non-Muslims is of two types – misunderstanding this affair leads people astray: –
https://abukhadeejah.com/having-alliance-with-the-non-muslims-is-of-two-types-misunderstanding-this-affair-leads-people-astray/

Are Treaties With The Jews, the State of ‘Israel’ and other Non-Muslims Permitted? Is it Allegiance? Is it Apostasy?
https://abukhadeejah.com/treaties-with-the-non-muslims-do-they-necessitate-allegiance/

Greeting and Interacting with the Jews, Christians and Pagans ―Even if they are oppressive: https://abukhadeejah.com/how-to-conduct-oneself-with-the-jews-christians-others-even-if-they-be-tyrants/

Footnote a: Muslim Identity, the Honour that Islam Brings and the Danger of Blindly Following Non-Muslim Cultures that Clash with Islam and the Sunnah: https://abukhadeejah.com/muslim-identity-honour-that-islam-brings-danger-of-following-non-muslim-culture/

Footnote b: https://salaficentre.com/2020/03/22/hadeeth-if-one-of-you-is-afflicted-with-a-calamity-then-let-him-reflect-upon-his-calamity-through-me-i-e-my-death-for-indeed-it-is-the-greatest-of-calamities/

Footnote c: Muslim Identity, the Honour that Islam Brings and the Danger of Blindly Following Non-Muslim Cultures that Clash with Islam and the Sunnah: https://abukhadeejah.com/muslim-identity-honour-that-islam-brings-danger-of-following-non-muslim-culture/

Footnote d: It Necessary to Mention The Names of The Misguided People – Whether Dead or Alife – If Required: https://salaficentre.com/2020/01/16/is-it-necessary-to-mention-the-names-of-the-deviants-when-refuting/


[Ref 1: An Excerpt from Tafseer As-Sadi. slightly paraphrased]

[Ref 2: Saheeh Al-Bukhari 1356. Adabul Mufrad 524]

[Ref 3: An Excerpt from Awnul Ahadis Samad Sharh Al-Adab Al-Mufrad. Vol 2. page 124. Slightly paraphrased]

[Ref 4: Silsilah As-Saheehah. Narration Number 161. Vol 1. pages 3003- 304]

[Ref 5: Paraphrased https://binbaz.org.sa/audios/1459/%D8%AD%D9%83%D9%85-%D8%AA%D8%B9%D8%B2%D9%8A%D8%A9-%D8%A7%D9%84%D9%83%D9%81%D8%A7%D8%B1-%D9%88%D8%AA%D9%87%D9%86%D9%89%D8%AA%D9%87%D9%85-%D8%A8%D8%A7%D8%B9%D9%8A%D8%A7%D8%AF%D9%87%D9%85 ]

[Ref 6: Ahkaam Ahl Addh-Dhimmah. 1/439-441]

[Ref 7: Paraphrased: https://binbaz.org.sa/articles/211/%C2%A0%D8%AD%D9%83%D9%85-%D8%A7%D9%84%D8%A7%D8%AD%D8%AF%D8%A7%D8%AF-%D8%B9%D9%84%D9%89-%D8%A7%D9%84%D9%85%D9%84%D9%88%D9%83-%D9%88%D8%A7%D9%84%D8%B2%D8%B9%D9%85%D8%A7%D8%A1 ]

[Ref 8: Fataawa Lajnah Ad-Daa’imah. (Question Number 1674). 9/77-78]

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