Question & Answer
Father makes a wrong will, can a non-Muslim wife wash her Muslim husbands dead body, can we supplicate for a non-Muslim?

if some has a father who is not well versed with the sharia law and the country is not a muslim country, the father makes a will distributing his property to the relatives but the distribution is not correlating with the sharia, and if you you decide to cancel out the will and distribute according to sharia, people may fight and kill each other, what should people do for that case, should they go with the and take whatever is distributed to them, or give advise. 2. if a man has a wife who is not a muslim, is it allowed for wife to be present or even wash the body of a husband when dead? 3. If someone has a mother who is not a muslim and all of the sudden she dies and and the person present is the oldest son who is a muslim, how best can the son attend the burrial? Is he allowed to bring other people of her religion to pray for her like the protestants? If he does so, isn't it a sin before ALLAH?

Answer:



بسم الله الرحمن الرحيم

We begin with Allah’s blessed name, we praise him and we glorify him, seek his forgiveness and ask him to guide us. Whoever Allah guides, None can lead astray and whoever he misguides, None can guide. There is no power and no strength except from Allah, The most high, the Most great, the most powerful. We bear witness that there is no one worthy of worship but Allah Alone, and we bear witness that Prophet Muhammad (pbuh) is His slave-servant and the seal of His Messengers. We pray for peace and blessings on all the noble messengers and in particular on the last of them all “the blessed prophet Mohammad (pbuh)”

Allah Says in the glorious Quran Chapter 4 Surah Baqarah verses 11-14:

  • 11) Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.
  • 12) In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of lagacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing.
  • 13) These are the limits (set by) Allah (or ordainments as regards laws of inheritance), and whosoever obeys Allah and His Messenger (Muhammad SAW) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.
  • 14) And whosoever disobeys Allah and His Messenger (Muhammad SAW), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.
  • Quran [4:11-14]

In the above guidance of the glorious quran Allah has clearly stated how the property is to be distributed among the legal heirs, and has given the glade tiding to those who follow the guidance of the lord and the messanger (pbuh), but those who change, add, subtract, or alter in the least the percentage of the distribution which Allah has prescribed for each of the heirs will be in the hell fire and will bear the humiliating punishment.

Dear brother, if one makes will or bequeath that after ones death the property will be distributed among some of the legal heirs and deprives other, then this will be absolutely unlawful, illegal and void in the sight of shariah law And one will be held accountable in the court of Allah for this grave sin. But if your father is alive, then he is the inherent owner of his own wealth, and if he (during his life time) wishes to give away his wealth as per his wishes, then there is no harm.

Your Question: and if you you decide to cancel out the will and distribute according to sharia, people may fight and kill each other, what should people do for that case, should they go with the and take whatever is distributed to them, or give advise.

Dear brother, if you find that the will is not correlating with the shariah law then you are well within right to take this will to the shariah court. And if you feel that the people may fight with each other, then in that case you should advise and convince them by showing them the command of Allah and his messenger (pbuh).

Your Question: if a man has a wife who is not a muslim, is it allowed for wife to be present or even wash the body of a husband when dead?

If the wife is from the people of book or a Muslim then she can wash the dead body of her husband, but if she is a Hindu, budist, etc then she cannot wash the dead body.

Your Question: If someone has a mother who is not a muslim and all of the sudden she dies and and the person present is the oldest son who is a muslim, how best can the son attend the burrial?

There is no harm if the son wishes to attend the burial of his non-Muslim mother, but he cannot supplicate for her forgiveness.

It is not (proper) for the Prophet and those who believe to ask Allaah’s forgiveness for the Mushrikoon, 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)” Quran [9:113]

narrated that ‘Ali said: I said to the Prophet (blessings and peace of Allah be upon him): Your paternal uncle, the misguided old man, has died. He said: “Go and bury your father. Abu Dawood [ Book 20 : Hadith 3208]

Since the funerals are performed according to the religious rites of a particular religion, so a believer should be extremely careful and should not participate in any pagan rites or rituals.

Your Question: Is he allowed to bring other people of her religion to pray for her like the protestants? If he does so, isn't it a sin before ALLAH?

If the people of her religion came by themselves then there is no harm, but you should not be part of an act that is against the truth, a disbeliever will be in the hell fire no matter how many people join his/her funeral and no matter how many people of his/her religion would pray for her. And Allah alone knows the best.

I ask Allah to make this a sincere effort, seeking his pleasure, and I ask him to grant us refuge in him from the evils within ourselves, and that in our deeds. I ask him to grant us success in achieving whatever pleases him; And May Allah Shower His blessings and mercy upon our beloved Prophet Muhammad (pbuh), his family and his Companions and on all those who follow him until the final hour.

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