“متن فارسی را به انگلیسی ترجمه کنید”

“Translate the Farsi text to English.”
Mojtaba Lotfi

In Islamic thought, there are two perspectives on human beings: the traditional view and the human rights view. A person is either a Muslim or a non-Muslim.

Muslim cemetery

In the religious perspective, just as a human being is respected as a Muslim, and even more so as a believer (Shiite), their belief in the living human being leads to respect for them. Even when they pass away, this same view exists about their body, and a disbeliever is not deserving of any respect. Based on this perspective and interpretation of the teachings of Shariah, it is obligatory for a Muslim who passes away to follow the duties, recommended actions, and disliked actions regarding their treatment of the deceased, as mentioned in the books of jurisprudence. Obligatory actions include washing, shrouding, prayer, and burial, each of which includes subcategories. In addition, recommended actions are also mentioned, such as attending the funeral, praying the first night prayer at the grave, the manner of the grave, visiting graves, giving charity on behalf of the deceased, praying for the deceased, giving charity and alms on behalf of the deceased, reciting

In addition, there are also laws in Sharia regarding the deceased, which are referred to as desecration of the body of a Muslim. Such desecration can be either physical or spiritual in nature.

According to the principle of respect for the deceased in Islamic law – which is a recognized and accepted principle – the rule of “the sanctity of the dead is equal to the sanctity of the living” is derived from a narration attributed to the Prophet. Just as a living Muslim is respected, a deceased person also has legal dignity. Therefore, just as a crime against a living person is punishable, disrespect towards a deceased person after their soul has departed from their body is also punishable. These crimes are divided into two categories:

(A) Crimes against the dignity of the deceased, such as theft (of shrouds, body, body parts, etc.), desecration, sodomy with the deceased, and grave desecration. Each of these crimes, whether it is considered a criminal offense by the private complainant of the survivors or is part of divine rights, has its own specific punishments in divine laws and human laws.

B) Crimes against the spiritual dignity of the deceased, such as sexual accusations, insults and defamation, or spreading lies against the deceased that may harm their spiritual dignity and/or their surviving family members. In such cases, the heirs of the deceased can claim damages and in addition to compensation, punishment is also considered.

Important note in the discussion of preserving the dignity of the deceased, is the issue of clarification which is initially considered forbidden. However, there are exceptions; such as for discovering the truth in a place where there is a possibility of crime and murder, or in a situation where the preservation of a living human’s life depends on the use of deceased body parts, which is permissible with their own will or the permission of their heirs. But in the same situation, if dissection is for the purpose of medical education for students, it is not permissible to dissect a Muslim corpse and a non-Muslim corpse must be used instead.

Non-Muslim dead

In jurisprudence, none of the disbelievers have any respect for the body of a Muslim, and it is not permissible for a non-Muslim to perform the ritual washing, shrouding, and burial of a Muslim. There are a few points to note in this regard:

a) The meaning of disbelief and its application to any non-Muslim is a serious issue. According to the Quranic verses, a disbeliever is someone who, out of stubbornness, denies the truth and refuses to believe in the truth of Islam after understanding and acknowledging it.

B) About the dhimmis, meaning non-Muslims who live within the boundaries of the Islamic government, if they adhere to the rules and agreements of dhimma; especially if a contract is made regarding the preservation of their dignity, disrespecting their dignity is not allowed. And if it is stated in fatwas that performing obligatory rituals for them is not permissible, they are obliged to follow the rituals of Muslims and this does not mean that disrespecting their dignity is allowed. Therefore, based on the necessity of fulfilling the covenant between them and Muslims, the necessary preparations for their rituals must be provided by the Islamic government according to their own beliefs. In other words, just as a non-Muslim who is under dhimma and enjoys the same rights as other Muslim citizens in terms of security, preservation of life, property, and benefits of living in Islamic lands, is also entitled to these rights after their death, even if it is stated in the dhimma contract and covenant. Unless their

C) As mentioned at the beginning of the text, this discussion is based on the traditional view on one hand, and human rights and the inherent dignity of human beings on the other hand, which can be debated and interpreted. Therefore, if we believe in the inherent dignity of human beings, using the general Quranic verse “We have certainly honored the children of Adam” (17:70), just as a human being (child of Adam) has inherent dignity during their lifetime, at the time of their death, their physical and spiritual status also has dignity and desecrating their body is not permissible; rather, preserving their dignity is necessary. The late Ayatollah Montazeri, who believed in the inherent dignity of human beings, narrates in his book “Resaleh-e-Hoquq” a story from Jabir ibn Abdullah, where one day the funeral procession of a Jew passed by and the Prophet stood up in respect and said, “Whenever you see a funeral

Although they have also mentioned in their practical treatise the prohibition of shrouding and burying a non-believer, with the condition of “in accordance with Islamic customs”; it can be used to indicate that the prohibition is related to Islamic customs, which non-Muslims themselves do not adhere to.

In addition to the universal concept of human dignity, which is derived from the verse “We have honored the children of Adam,” in some religious teachings, there is a general recommendation to practice kindness and benevolence. This is mentioned in regards to parents in verse 15 of Surah Al-Ahqaf: “And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years.” This statement is widely known and includes non-Muslim parents as well. In this verse, human beings, parents, and good behavior are mentioned, which is a common and humanistic concept, regardless of any ideology or belief, and the source of this recommendation is God for all human beings. If we accept that every human being, whether alive or dead, has dignity and deserves kindness, on one hand, and on the other hand, God has commanded humans to be kind to their parents, we

In addition to the aforementioned discussions (which require detailed analysis from a jurisprudential perspective), the late Ayatollah Sayyid Mohammad Javad Musavi Ghorooyi (born in 1282) writes: “There is no reason for not shrouding and burying a non-believer and their offspring, and the Prophet, who was a mercy to the worlds, even ordered for the bodies of the polytheists to be buried in battle. If non-Muslims shroud and bury themselves in a non-Muslim society, it is not the responsibility of Muslims. However, if a non-Muslim and disbeliever passes away in an Islamic society, it is obligatory for Muslims to shroud and bury them.” (4)

As a result, in terms of human rights and dignity, regardless of any belief or idea, in parallel with the necessity of preserving the dignity of the living, the bodies of the deceased, whether Muslim or non-Muslim, are considered sacred and are part of their rights as a Muslim. Violating this is not only against moral principles, but also prohibited according to Islamic jurisprudence.

Notes:

1. For more information, refer to Hossein Ali Montazeri’s book “Risaleh Hoquq” (Tehran: Sarayi Publishing, 1394), pages 33-34.

2. Same, pp. 33-34

3. Same, pp. 32-33

4. Gharavi, Ali Asghar, Commentary on the Treatise, Annotations of the late Ayatollah Sayyid Mohammad Javad Musavi Gharavi on the Treatise of Ayatollah Borujerdi, Second Edition, Negarash Publishing, 1382, p. 129.