skills/sistani-guidance/references/books/west/pages-085-096.md

# A Code of Practice for Muslims in the West

PDF pages 85 to 96. Physical PDF numbering, not inferred printed labels.

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Previous block: [pages 73 to 84](pages-073-084.md).

Next block: [pages 97 to 108](pages-097-108.md).

## PDF PAGE 85

```text
..……………………………………………… ٥٨A Code of Practice For Muslims in the West
sequence with the head and the neck first, then the right side of
the body, and then the left side.
The person washing the corpse must be of the same gender as
the dead person. So, a male should wash a male corpse, and a
female should wash a female corpse. However, husband and
wife are allowed to perform ablution to one another; although
it is better that the washing be done with the body covered with
a sheet of cloth.
If a person of the same gender is not available, then, based on
obligatory precaution, those of the opposite gender who are
mahram to the deceased can perform it. Mahram means those
relations with whom marriage is forbidden because of blood
relationship or nursing (suckling) relationship or marriage, like
brother and sister [or son-in-law and mother-in-law]. However,
it is better that the washing be done with the body covered with
a sheet of cloth. Unity of gender is not required when giving
ablution to a corpse of a child that had not reached the age of
discerning the right and wrong.   )٣(١
Based on obligatory precaution, the person performing ablution
must be a mu’min. If neither a mu’min of the same gender as
the deceased is available nor a mahram [even of the opposite
gender], it is permissible that a Muslim of the same gender can
wash the deceased.
If even a Muslim is not available, then the deceased can be
washed by an Ahlul Kitab person [that is, a Jew, a Christian or
 ١Translator's Note: Sidr is name of a lotus tree; "sidr water"
means the water to which sidr leaves have been added.
```

## PDF PAGE 86

```text
..……………………………………………… ٦٨A Code of Practice For Muslims in the West
a Zoroastrian] of the same gender with the condition that the
person should first wash himself and then perform ablution to
the corpse. If even an Ahlul Kitab person of the same gender is
not available, the duty of performing ablution to the corpse is
lifted, and the deceased should be buried without it.
Tahnit and Shrouding
After giving the ablution, it is wajib to do tahnit. Tahnit means
to rub camphour powder (which has maintained its fragrance)
on the seven parts of the body that touch the ground in a
posture of sajdah: the forehead, the palms, the knees, and feet
toes. It is preferable to start tahnit with the forehead and end
with the palms.
After tahnit, the deceased has to be shrouded in three pieces of
cloth as follows:
The mi’zar: a piece of cloth [like an apron] that must cover the
body between the navel and the knees, based on obligatory
precaution.
The qamis: a piece of cloth [like a shirt] that must cover the
body from the shoulders to mid shank, based on obligatory
precaution.
The izar: a large sheet of cloth that must cover the entire body.
Based on obligatory precaution, it must be long and wide
enough so that the top and the bottom parts could be tied [with
a string], and the front parts overlap.
```

## PDF PAGE 87

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..……………………………………………… ٧٨A Code of Practice For Muslims in the West
The Prayer
It is obligatory to say prayer over a deceased Muslim’s body of
six years and over. Based on obligatory precaution, prayer
should also be said over the body of a child who could do the
salat even if he or she had not yet reached the age of six.
The way to conduct prayer on the deceased:
The person praying should recite five takbirs (say “Allahu
Akbar”). However, it is preferable that after each takbir he says
the following:
After the first takbir, he should say the shahadatayn
(declaration of faith in God and Prophet Muhammad).
After the second takbir, he should say the salawat on Prophet
Muhammad (s.a.w.) and his progeny (a.s.).
After the third takbir, he should say a prayer for the believing
men and women.
After the fourth takbir, he should say a prayer for the deceased.
He should say the fifth takbir and end the salat.
Burial
It is necessary to bury the deceased after the salat. Burial is
intended to protect the body from wild animals and its smell is
contained within so that no one is annoyed by it. The body
should be placed on its right side with the face towards the
qiblah.
```

## PDF PAGE 88

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..……………………………………………… ٨٨A Code of Practice For Muslims in the West
It is not permissible to bury a deceased Muslim in the
graveyard of non-Muslims, except if a section of that
graveyard is specifically reserved for Muslims. Similarly, no
non-Muslim can be buried in the graveyard of Muslims.
When it is neither possible to get a grave for a deceased
Muslim in the graveyard of Muslims, nor transfer the body to a
Muslim country for burial in a Muslim graveyard, that
deceased Muslim may be buried in the graveyard of non-
Muslims.
It has been narrated from the Prophet (s.a.w.) that he said, “No
time comes upon the dead person more difficult than the first
night [of burial]. Therefore have mercy on your dead ones by
giving charity [on their behalf]. If one does not have anything
[to give in charity], one of you should pray two rak‘ah for
them: in the first rak‘ah, after al-Hamd, recite ayatu ’l-kursi;
and in the second rak‘ah, after al-Hamd, recite surah al-Qadr
ten times. After salam, say: ‘Allah humma salli ‘ala
Muhammadin wa ali Muhammad, wab‘ath thawabaha ila
qabri fulan;’  )٤(١and name the deceased person [instead of
fulan].”  )٥( ٢
" ١O Allah, send Your blessings upon Muhammad and the
Family of Muhammad, and send the reward of this prayer to
the grave of x."
 ٢Sayyid as-Sistani, al-Masa'ilu 'l-Muntakhaba, p.  .٣٦
```

## PDF PAGE 89

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..……………………………………………… ٩٨A Code of Practice For Muslims in the West
Question and Answers
Question: In some non-Muslim countries, the corpse is placed
in a coffin and then buried in the grave. What is our duty in
such a situation?
Answer: There is no problem in placing the corpse in a coffin
when burying him in the ground. However, the religious
requirements of burial must be fulfilled; and one of those
requirements is that the corpse be placed on its right side with
the face towards the qiblah.
Question: A Muslim died in a non-Muslim city that has no
Muslim graveyard; and although it is possible to transfer the
body to a Muslim country for burial but the cost of
transportation is exorbitant—is this a sufficient [reason] for
burying the body in the graveyard of non-Muslims?
Answer: This is not a sufficient [reason].
Question: A Muslim dies in a non-Muslim city that has no
Muslim graveyard and the family of the deceased cannot
transfer the body to a Muslim country because it cannot afford
the cost of transportation. In such cases, is it obligatory upon
the Islamic centers that are responsible for Muslims’ affairs to
provide the cost of transportation? And is this obligatory upon
the Muslims who reside in that city?
```

## PDF PAGE 90

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..……………………………………………… ٠٩A Code of Practice For Muslims in the West
Answer: If burying the deceased in an appropriate grave in
that same city or other city (excluding non-Muslim graveyards)
depends on spending some money, and neither has he left any
estate that can pay for it nor are the heirs capable of providing
for it—then it is wajib kifa’i upon the Muslims to provide for
it. And it is permissible to count it from the religious or
charitable dues applicable to him.
Question: When there is no heir for a deceased Muslim person
in the foreign land, who should take charge of his burial?
Answer: If it is not possible to contact his heir and ask his
consent in handling the burial procedures, the requirement of
consent is lifted and it becomes obligatory, on basis of wajib
kifa’i, on the Muslims to handle the burial.
Question: From where should the expenses of transportation to
a Muslim country and burial come, if it is not possible to bury
a Muslim in the city in which he died because there is no
Muslim graveyard? Should these expenses come from the
estate of the deceased before dividing it amongst the heirs? Or
from the one-third [of the estate] if he has specified that? Or
from other sources?
Answer: The expenses of burying a dead body in a place
appropriate for it comes from the estate [before its distribution
among the heirs] if he did not make a will specifying that it be
taken from the one-third. Otherwise [if he made a will
regarding the one-third], it should come out of it.
```

## PDF PAGE 91

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Question: The Muslim communities in non-Muslim countries
are increasing day by day. Knowing the fact that a deceased
Muslim will one day be buried in the graveyard of non-
Muslims either because of lack of funds available to the family
to send the dead body to Muslim countries for burial or
because of negligence; so, is it obligatory, as a matter of wajib
kifa’i, upon the capable Muslims to buy a graveyard for the
Muslims?
Answer: Burying a deceased Muslim in a place appropriate to
his status (other than non-Muslim graveyards) is an obligation
of the heir just like other obligatory deeds connected with the
burial procedures. And if the deceased has no heir or the heir is
refusing to fulfill his duty or is not capable, it is obligatory, on
the basis of kifa’i, upon other Muslims [to bury the deceased in
an appropriate place]. And if fulfilling this wajib kifa’i duty
depends on acquiring a piece of land in advance by purchase or
other means, it is obligatory to try and acquire it in advance.
Question: What is preferable: burying a dead Muslim in an
Islamic cemetery in a non-Muslim city in which he died or
transferring the dead body to a Muslim city which entails
exorbitant expenses?
Answer: It is preferable to transfer the dead to any holy shrines
or other recommended places if there is a donor who can bear
the expenses —from the heirs or others— or if the one-third of
his estate which he has endowed for religious charity, would
suffice for that purpose. And Allah knows the best.
```

## PDF PAGE 92

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..……………………………………………… ٢٩A Code of Practice For Muslims in the West
Question: If transferring a deceased Muslim to Muslim
countries entails great difficulty, is it permissible to bury the
body in cemeteries of non-Muslims from among the followers
of the revealed religions [that is, Ahlul Kitab]?
Answer: It is not permissible to bury a Muslim in cemeteries
of non-Muslims, except if that is the only choice because
necessity knows no laws.
```

## PDF PAGE 93

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..……………………………………………… ٣٩A Code of Practice For Muslims in the West
Introduction
Muslims [in predominantly Muslims countries] normally live
in their own homes, villages and cities, in the midst of their
families and relations, eating variety of foods and drinking
different drinks that they desire; They are familiar with the
ingredients of these foods and know that they are free from all
that their religion has forbidden, their faith has rejected, and
their rich Islamic values have kept distance from.
However, when they migrate to foreign countries to reside in
the midst of non-Muslim communities, they are faced with
problems in eating and drinking because they don’t find foods
that are familiar and desirable to them, nor are their ingredients
known to them. This is so because the host community is not
Islamic; it has it own values, customs and habits which
naturally do not abide by the laws of Islam. So, when a Muslim
desires to eat any food in a restaurant [in a non-Muslim
country], he is faced with the problem of whether or not the
food is permissible and pure.
```

## PDF PAGE 94

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General Rules
Since the followers of the past revealed religions (that is, the
Jews, the Christians and the Zoroastrians) are ritually pure,
many of the problems concerning the status and permissibility
of the food are resolved when we live in their midst. It
becomes permissible for us as Muslims to eat from their food
no matter whether they touched it with their wet hands or not
as long as we do not know or are not sure that it consists of
what is forbidden to us, like intoxicating drinks. As for meat,
fat and their extracts, there are specific rules that will be
discussed later on.
A Muslim is allowed to eat the food prepared by a non-
Muslim who is not from Ahlul Kitab [for example, a Hindu or
a Buddhist], provided that he does not know or is not sure that
the non-Muslim touched the food with wetness; and provided
that he does not know or is not sure that the food consists of
what is forbidden to him like intoxicating drinks. As for meat,
fat and their extracts, there are specific rules that will come
later on.
A Muslim is allowed to eat any food made by a person whose
faith and religion is not known to him, no matter whether that
person touched it with wetness or did not touch it, provided
that he does not know or is not sure that the food consists of
what is forbidden to him. As for meat, fat, and their extracts,
there are specific rules that will come later on.
t is not necessary for the Muslim to question the person who
```

## PDF PAGE 95

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..……………………………………………… ٥٩A Code of Practice For Muslims in the West
prepared the food about his beliefs or disbeliefs, or whether
or not he had touched the food, even if that inquiry is very
convenient and natural for one who wants to ask.
In short, all kinds of food with the exception of meat, fat, and
their extracts are permissible for a Muslim, even if he doubts
that it might contain something which is forbidden for him to
eat or doubts that its cook —whosoever he may be— had
touched it with wetness. (See the question-answer section
below.)
Just as it is not obligatory on him to inquire about the
ingredients of such food to ensure that it is free from what is
forbidden to him, it is not obligatory on him to ask the cook
whether he touched it while preparing the food or after it.
All kinds of packed food with the exception of meat, fat and
their extracts, are permissible for a Muslim, even if he doubts
that its ingredients might contain what is forbidden for him or
even if he doubts that the cook —whosoever he may be— had
touched it with wetness. It is not obligatory on him to inquire
about its ingredients to ensure that it does not contain anything
that is forbidden to him.
A Muslim is allowed to buy all kinds of halal meat from a
Muslim shopkeeper who sells it to Muslims. Such meat would
be considered halal even if the vendor belongs to a school of
thought which have different conditions for slaughtering from
ours as long as there is a possibility that the animal was
slaughtered in accordance with our conditions. This latter
statement applies to all conditions except the one that says that
```

## PDF PAGE 96

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..……………………………………………… ٦٩A Code of Practice For Muslims in the West
the animal’s belly should be facing the qiblah at the time of
slaughter. Not observing the condition of qiblah because the
slaughterer’s school of thought does not consider it a necessity
will not detract from [the permissibility of the meat].
If a Muslim knows and is sure that this meat is from an animal
which is permissible for Muslims to eat (like cow, sheep or
chicken) but that it is not slaughtered in accordance with
Islamic laws, that meat is to be considered mayta.
Mayta is not permissible for a Muslim to eat even if its seller is
a Muslim. Similarly, such meat is impure (najis) and would
make other things impure, if it comes into wet contact with it.
If a Muslim buys or receives meat from a non-Muslim, or from
a Muslim who got it from a non-Muslim and did not inquire
about its slaughtering according to Islamic laws, such meat is
haram for him. But if the Muslim does not know that the
animal was not slaughtered according to Islamic laws, it would
not be considered najis, although it is still haram.
Some experts say that by letting out the blood by way of
slaughtering, the meat of the animal becomes healthier for the
consumer than an animal that was not slaughtered. And so you
should not be surprised to see some non-Muslims buying the
meat that had been slaughtered according to Islamic laws from
halal meat stores.
In order for fish to become permissible for a Muslim, it must
have the following conditions:
```