Fatwa: # 18107
Category: Misc. Fiqh
Country: India
Date: 15th July 2009

Title

1. What is the ruling on Penalty of Death. ... 2. How to determine the religion of a deadbody.

Question

What is the ruling on Penalty of Death.
q1.  saza-e-moaut kay hukum pay jo mujrim ko phasi di jati hai us ka waqt fajar say lay kar surraj tulu honay tak kyu rakha gaya  hai

How to determine the religion of a deadbody.
q2. ager aurat ki dead body miley ho to kaysay patachalay kay wo muslim ki hai ya non-muslim ki hai

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

1.       The time for hanging was most likely set by the local government without any Shar’ī reasoning behind it.

2.       Ml. Asif Umar has mentioned the details in fatwā #17836, attached below [i].

 

Translation:

 

1.       Phānsī ka waqt government ne rakhā hogā be-ghayr koi Shar’ī wajah.

2.       Ml. Asif Umar ne isku pūre tafsīl se fatwa # 17837 me likhā hai joke nīche mazkūr hai [i].

 

[i]

http://askimam.org/fatwa/fatwa.php?askid=5d079654828e33b6d9fe20b60c83e748

 

And Allah knows best

Wassalaamu `alaykum

Ml. Abrar Mirza,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

 

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

If the religion of a deceased person is unknown, efforts should be made to locate any relatives, friends, members of the deceased person’s community, or anyone else who may have known the person. If the person’s relatives are unknown or the person is unknown to others, then one must look for signs or evidence to determine whether that person is Muslim. If there are no such signs, then one must look at the community they are in, i.e. if the person lived in an area which consists of a vast majority of Muslims. If this is the case then the person will be considered Muslim and should be washed, enshrouded, and buried in a Muslim cemetery according to the laws of Shari’ah.

ولو اختلط موتى المسلمين بموتى الكفار يغسلون إن كان المسلمون أكثر وإلا فلا ، ومن لا يدرى أمسلم أم كافر ؟ إن كان عليه سيما المسلمين أو في بقاع ديار الإسلام يغسل وإلا فلا 

(Al-Bahrul Raaiq, 2/174, Rashidiyya)

And Allah knows best

Wassalamu Alaikum

Ml. Asif Umar,
Student Darul Iftaa

Checked and Concurred by:

Ml. Yusuf bin Yaqub
Darul Iftaa

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