At death husband wife become non mehram.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
(Translation: After death
husband and wife become non-mehrams to each other. Is it lawful or permissible
in Islam for surviving spouse to take a last look at their deceased spouse
after their death?)
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
At death husband
wife become non mehram
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Respected brother in Islam, we assure you in the Blessed
Name of Allah Subhanah, that there is absolutely nothing in Shariah Law which
even remotely declares that a husband and a wife become non-mehram at the death
of their spouse! Not only is it
absolutely lawful and permissible in Islam for a surviving spouse to take a
last look at their beloved deceased spouse, there is allowance in Shariah for
the surviving spouse to even fulfill the rite of the final ‘ghusl’ of their
deceased spouse, if indeed they wish to do so.
The majority of scholars consider it
permissible, as is shown by a report, narrated by ad-Daraqutni and Al-Baihaqi,
that Hadrat Ali (r.a.) washed the body of his deceased wife Hadrat Fatimah
(r.a.) upon her death. This is also supported by a hadith that the Prophet
(saws) said to 'Aishah: "If you die before me, I will myself wash you and
enshroud you." Related by Ibn Maajah.
Fiqh-us-Sunnah Fiqh 4.31
The jurists are agreed on the permissibility
of a wife washing the body of her dead husband.
Hadrat Aishah (r.a.) said: "Had I known then what I know now, I
would not have allowed anyone, except his wives, to wash the body of the
Prophet (saws)." Related by Ahmad, Abu Daw'ud, and by al-Hakim.
Shariah Laws allows and permits the husband to wash the
body of his deceased wife in preparation for her funeral, if indeed he wishes
to do so (and vice versa); and there is absolutely no restriction in Shariah if
the husband (or the wife) wish to see the face of their deceased spouse.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan
Wister