Abdul Rasool Syed
THERE has been a lot of hue and cry in the wake of judgment passed by the special court pertaining to the case of high treason against Genera Rtd Pervez Musharf; exclusively Para (66) of the said judgment, penned by Justice Waqar Seth received a scathing stricture from people belonging to all spheres of life—even the mental status of the justice has come under question. For my reader’s enlightenment, Para (66) of the judgment is reproduced hereunder: “We direct the law enforcement agencies to strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to D-Chowk, Islamabad, Pakistan and be hanged for three days. The proposition “his corpse be dragged to D-Chowk and be hanged there for three days” has raised many serious questions since neither the constitution of Pakistan nor does the Islamic Shariah condones such barbaric and inhuman punishment. Desecration of dead body is strictly forbidden in Islam. Islam accords reverence and fair treatment to dead body. Before the advent of Islam, people used to disrespect and dishonour the dead bodies of their enemies; they used to tear the dead bodies into pieces. Islam strongly condemned such heinous practice and declared strong prohibition of any such actions. It taught its adherents to show extreme dignity and honour to the dead, not only to their own but to each and every human being who dies.
Once when a funeral procession went by the Holy Prophet (SAW), he stood up to show dignity and respect, and those with him followed his example. Someone said: Messenger of Allah, this is the funeral cortege of a Jewish woman. He observed: Death is a matter of grief and awe, therefore, when you see any funeral passing, you should stand up as a token of respect. (Abu Daud). The transition from this world to the next and the disposal of a deceased are serious matters in all cultures and religions. In Islam death is treated with great respect and dignity. A deceased Muslim is accorded utmost respect and his body is handled according to the Sunnah of the Holy Prophet (SAW). The body is given a ritual bath, and wrapped in two white sheets before being put in a coffin. Once it is prepared, the funeral service is held. The Imam leads the Funeral Prayer, with the mourners standing in rows behind him. After this, the body is buried in a graveyard.
According to Islamic tradition, ritual washing and burial should not be delayed unnecessarily. The body should be buried under the soil on the land. Throwing a body into the sea is not permitted except in exceptional circumstances, if death occurs while the person is on voyage and land is too far away or there is a possibility of the decomposition of the body if kept until landfall. Only in such cases can the body be thrown into the sea after the stipulated funeral washing and prayers. Moreover, the funeral prayer for believer is an obligatory duty for other living members of the society. At least some of the believers, if not all, should conduct the Salat Al- Janazah. According to a Hadith, recorded by Bukhari and Muslim, it is one of the duties of a Muslim to accompany a dead believer’s body when it is being carried for burial. Most importantly, the funeral prayer must be offered without examining the degree of a believer’s piety. Even a Muslim guilty of grave sins and crimes deserves the same treatment- his funeral prayers should be offered and all funeral rites performed. Holy Prophet (SAW) while highlighting the importance of attending the funeral ceremonies once said: “He who joins a funeral procession and takes three turns to help carry the bier has discharged his obligation to the dead.” (Wisdom of the Holy Prophet: P.64)
Even though the prayers are mostly offered while the dead body is placed in front of worshippers, there is also a precedent that the Holy Prophet (SAW) prayed for the Abyssinian King Najashi after his death while his body was in Africa at the time. Moreover, if the deceased passes away while still in debt, the heirs should try to pay the debts off as quickly as possible, preferably before the burial. If this is not possible, suitable and mutually agreeable payment arrangement should be made with the creditors. Furthermore, the funeral and burial expenses should be borne by the immediate survivors of the deceased, and should be paid out of the assets of the deceased. In the absence of such survivors, the closest relatives present at the funeral should bear the expenses. If this is not an option then one or more members of the local Muslim community may assume this responsibility. To offer condolences to the bereaved family is a Sunnah of the Holy Prophet (SAW). It is also recommended to offer prayers for the deceased at the time of condolence and to provide food for the bereaved family for three days after the funeral. To cap it all, Allah, the sublime says in Holy Quran: “Allah has created death and life that He may try which of you is best in conduct. He is the Mighty, the Most Forgiving.” (Holy Quran 67:3). At another place Allah, the omnipotent says: “God replied, ‘I will inflict my punishment on whom I will; but my mercy encompasses all things.” (Holy Quran 7:157)
— The writer is a Legal practitioner-cum-columnist based in Quetta Balochistan.
