Get documents about "Fatwa Raping Eating Dead Bodies
Description
incident of extreme inhumanity of raping dead women bodies in the Paposh Graveyard Karachi by Muhammad Riyaz and the one before this about eating the flesh of dead bodies
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Categories
Tags
Fatwa, Pronouncement, Fornication, Dead, Bodies, Rape, Raping, Eat, Eating, Grave, Graveyard, Crime, Inhumanity,
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- 12/7/2011
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- English
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- 5
Document Sample
AskImam.com
Fatwa # 19631 Date: Monday,
from Pakistan December 5th 2011
Category
Jurisprudence and Rulings (Fiqh)
Title
What is the Shar῾ī ruling on despicable crimes such as raping dead
women and eating their flesh?
Question
Recently in Pakistan there had been two incidents which I can
say were the worst ever example of inhumanity I have ever
heard of.
1. The bodies of dead women buried in their graves were
raped after their burial.
2. Cooking and eating the flesh if the dead bodies that were
pulled out of their graves. As both of the incidents prove that
graves are not safe and there is an extreme threat to the new
bodies laid to rest.
I would like to ask:
1. What punishment does Sharī῾ah suggest to a person who
raped multiple (50 ) dead women bodies in their graves?
2. What punishment does Sharī῾ah suggest to a person who
cooked and ate many dead bodies out of their graves?
3. Today when such incidents are happening, does Sharī῾ah
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allow to concrete the graves?
4. Do these types of acts have any effect on the deceased?
Do they suffer pain?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The despicable actions made reference to in the question are
shocking and sickening. No sane sound human being can even
comprehend such acts. Such actions are inconceivable and beyond
belief. One can now understand why there are so many global
catastrophes striking the Muslim ummah.
The punishment of a person who rapes a dead woman and eats the
flesh of a corpse will be at the discretion of the judge in an Islamic
state.[i] Whatever the punishment maybe, it will be a deterrent
and a stark warning for all. In the absence of an Islamic judiciary,
such a person must be reported to the authorities and convicted
for this horrendous deed. Such a person is a liability to the whole
community. Today he desecrated the sanctity of the dead;
tomorrow he will attack the living.
It is impermissible to build any type of structure or brick work on
top of a grave. However, if there is a strong possibility of
desecration to the graves and a potential threat, then there is a
leeway to do some brick work for protection purposes, provided
other methods of security are unavailable.[ii]
The Prophet salallahu alaihi wasallam said,
“To break the bone of a deceased person is similar to breaking the
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bone of a living person.” [iii]
Based on the above hadīth, a group of scholars are of the opinion
that a dead person also experiences pain caused by mishandling his
body.
And Allah Ta’āla Knows Best
Mawlana Faraz Ibn Adam,
Student Darul Iftaa
UK
Checked and Approved by,
Mufti Ebrahim Desai.
[ ﻭﰲ ﺑﺪﺍﺋﻊ ﺍﻟﺼﻨﺎﺋﻊi]
ِ ﹾ ﹺ ﻳ ﹺ ﻳ ﹺ ُ ﹾ ﹶ
7 ﻴﺔ.)ﺝﻟﻌﺪﻡ ﻭﻁﺀ ﺍﹾﻟﻤﺮﹶﺃﺓ ﺍﹾﻟﺤ ؛ﺘﻌﺰﹺﻳﺮﻮﺟﺐ ﺍﻟﻮﺟﺐ ﺍﹾﻟﺤﺪ ﻭ ﺘﺔ ﻟﹶﺎﻴﻭﻛﺬﹶﺍ ﻭﻁﺀ ﺍﹾﻟﻤﺮﹶﺃﺓ ﺍﹾﻟﻤ
(ﺹ 43 ﺩﺍﺭ ﺍﻟﻜﺘﺐ ﺍﻟﻌﻠﻤﻴﺔ
ﻭﰲ ﺗﺒﻴﲔ ﺍﳊﻘﺎﺋﻖ
ﹶ ِ ﹾ ﹺ ﹶ
ﺘﺔ. )ﻣﻜﺘﺒﺔ ﺇﻣﺪﺍﺩﻳﺔ ﺝ 3 ﺹﻴﻰ ﹺﺑﻤﺑﻬﹺﻴﻤﺔ( ﹶﺃﻱ ﻭﻛﺬﹶﺍ ﺇﺫﹶﺍ ﺯﻧ ﻳﺠﺐ ﺍﹾﻟﺤﺪ ﹺﺑﻮﻁﺀ )ﻗﻮﹸﻟﻪ ﻟﹶﺎ
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171(
ﺸ
ﻭﰲ ﻟﺴﺎﻥ ﺍﳊﻜﺎﻡ ﻻﺑﻦ ﺍﻟ ﺤﻨﺔ ﺍﻟﺜﻘﻔﻲ ﺍﳊﻠﱯ
ﹶ ﻠ ﹶ
ﺭﺟﻞ ﺯﱏ ﺑﹺﺎﻣﺮﺃﹶﺓ ﻣﻴﺘﺔ ﻟﹶﺎ ﺣﺪ ﻋﻠﻴﻪ ﻭﻋﻠﻴﻪ ﺍﻟﺘﻌﺰﹺﻳﺮ ﳌﺎ ﺭﻭﻯ ﺃﹶﻥ ﹸﻮﻝ ﺍﻟﻨﺒﺎﺵ ﻓﻌﻞ ﺫﻟﻚ ﻋﻠﻰ
ﻟ ﹶ ﹶ ﹶ ﺳ
ﻋﻬﺪ ﺭ ﻮﻝ ﺍﷲ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﺍﻟﺴﻠﹶﺎﻡ ﻓﹶﻠﻢ ﻳﻘﻢ ﻋﻠﻴﻪ ﺍﹾﻟﺤﺪ ﻭﻧﺰﻝ ﻓﻴﻪ ﻗﻮﻟﻪ ﺗﻌﺎﻟﹶﻰ }ﻭﺍﱠﺬﻳﻦ ﺇﹺﺫﺍ
ﻓﻌﻠﻮﺍ ﻓﹶﺎﺣﺸﺔ{ ﺍﻟﹾﺂﻳﺔ ﻭﻗﺒﻠﺖ ﺗﻮﺑﺘﻪ ﻣﻦ ﻏﲑ ﺣﺪ)ﺹ 893 ﺍﻟﺒﺎﰊ ﺍﳊﻠﱯ(
ﻭﰲ ﺍﻟﻔﺘﺎﻭﻯ ﺍﳍﻨﺪﻳﺔ
ﹸ ﹸ ﹲ ﹶﻔ
ﺭﺟﻞ ﺯﻧﻰ ﺑﹺﺎﻣﺮﹶﺃﺓ ﻣﻴﺘﺔ ﺍﺧﺘﻠ ﹸﻮﺍ ﻓﻴﻪ ﻗﺎﻝ ﹶﺃﻫﻞ ﺍﹾﻟﻤﺪﻳﻨﺔ ﺣﺪ ﻭﻗﺎﻝ ﹶﺃﻫﻞ ﺍﹾﻟﺒﺼﺮﺓ ﻳﻌﺰﺭ ﻭﻟﹶﺎ ﻳﺤﺪ
ﹾ ﹸ ﱠ ﱠ
ﻭﻗﺎﻝ ﺍﹾﻟﻔﻘﻴﻪ ﺃﺑﻮ ﺍﻟﻠﻴﺚ ﺭﺣﻤﻪ ﺍﻟﻠﻪ ﺗﻌﺎﻟﹶﻰ ﻭﹺﺑﻪ ﻧﺄﺧﺬ )ﺝ 2 ﺹ 051 ﻣﻜﺘﺒﺔ ﺭﺷﻴﺪﻳﺔ( ﹶ
] [iiﻭﻛﺬﺍ ﰲ ﺃﺣﺴﻦ ﺍﻟﻔﺘﺎﻭﻯ ﺝ 4 ﺹ 991 ﺃﻳﺞ ﺍﱘ ﺳﻌﻴﺪ
] [iiiﻭﰲ ﻣﺮﻗﺎﺓ ﺍﳌﻔﺎﺗﻴﺢ
ﹶ ﱠ ﺳ ﹶ ﻠ ﱠ ﹶ ﱠ ﹶ ﹶ ﹾ ﹺ ﹶ ﹶ ﹺ ﻴ
)ﻭﻋﻦ ﻋﺎﺋﺸﺔ: ﹶﺃﻥ ﺭ ﻮﻝ ﺻﱠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ: ﻗﹶﺎﻝ " »ﻛﺴﺮ ﻋﻈﻢ ﺍﹾﻟﻤﻴﺖ ﻛﻜﺴﺮﻩ ﺣﺎ« "
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ﹸ ﻴ ﹸ ﹶ ﹲ ﹺ ﹶ ﻄ ﹺﹺ ﹶ
ﻳﻌﻨﹺﻲ ﻓﻲ ﺍﹾﻟﺈﹾﺛﻢ ﻛﻤﺎ ﻓﻲ ﺭﻭﺍﻳﺔ. ﻗﹶﺎﻝ ﺍﻟ ﱢﻴﹺﺒﻲ: ﹺﺇﺷﺎﺭﺓ ﹺﺇﻟﹶﻰ ﹶﺃﻧﻪ ﻟﹶﺎ ﻳﻬﺎﻥ ﻣﻴﺘﺎ، ﻛﻤﺎ ﻟﹶﺎ ﻳﻬﺎﻥ ﺣﺎ.
ﱡ ﹶ ﹶ ﱠ ﹶ ﹶ ﹴ ﱡ
ﻗﹶﺎﻝ ﺍﺑﻦ ﺍﹾﻟﻤﻠﻚ: ﻭﹺﺇﻟﹶﻰ ﹶﺃﻥ ﺍﹾﻟﻤﻴﺖ ﻳﺘﺄﱠﻟﻢ. ﻗﹶﺎﻝ ﺍﺑﻦ ﺣﺠﺮ: ﻭﻣﻦ ﻟﹶﺎﺯﻣﻪ ﹶﺃﻧﻪ ﻳﺴﺘﻠﺬ ﹺﺑﻤﺎ ﻳﺴﺘﻠﺬ ﹺﺑﻪ
ﺍﹾﻟﺤﻲ ﺍﻫـ. ) ﺝ 3 ﺹ 6221 ﺩﺍﺭ ﺍﻟﻔﻜﺮ(
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