Examining Shari’a’s Perspective on the Rights and Dignity of the Deceased; in Conversation with Mohammad Javad Khalili/ Ali Kalai
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Conversation with Ali Kalai
Mohammad Javad Khalili, holds a PhD in Political Science and is also a graduate of Hawza studies from the Qom Seminary. He has been conducting research in the field of Islamic political thought and the Arab world for years, and is currently working at the Contemporary Islamic Strategic Institute and the Karima Strategic Studies Institute.
Given the topic of the special issue of the Peace Line magazine, we approached them to discuss the perspective of Sharia on the rights of the deceased and the importance of preserving the sanctity and dignity of graves. Dr. Mohammad Javad Khalili emphasizes the importance of respecting the deceased in the Islamic thought framework, citing multiple narrations, and considers disrespect towards the graves of cultural and political figures as a condemnable phenomenon that requires compensation. This Islamic thinker says about the Peace Line: “When we do not pay attention to the sanctity of a living person who is not with us in one or more legal, belief, or political issues, and we witness insults and violation of rights of individuals from official and unofficial platforms, we can no longer talk about the rights of the dead and respect for their graves, and this is one of the signs of moral decline in society.”
What rights does a dead person have according to Sharia law? Does the legal protection umbrella also cover the deceased or are such rights dependent on being alive in Islam? In fact, in Islamic law and Sharia, to what extent has the preservation of human dignity and respect for the spiritual and mental aspect of a person been emphasized? Are there any hadiths (sayings of the Prophet Muhammad) regarding this matter?
One of the oldest texts in our narrative and religious heritage as Shiites and Muslims is the Risalah of Imam Sajjad (peace be upon him), in which the term “truth” and “rights” are used alongside other concepts and phrases. In this Risalah, which is quoted in the book “Khassal” and also in “Man La Yahduruhu al-Faqih” by Sheikh Saduq, who passed away in 382, the Imam speaks about various rights. The Risalah begins with the right of God and then moves on to the rights of the body, prayer, fasting, parents, neighbors, teachers, siblings, and many other subjects, all of which are discussed as the rights of these individuals, professions, or entities, and are overall ethical recommendations. In this Risalah, there is no recommendation or right specifically for the deceased, but in order to understand the position of the deceased in the Islamic intellectual system, one must pay attention to scattered
In all religions and beliefs, after a person reaches the end of their physical life and their body and soul separate, they have considered ceremonies for this situation, which means a state where the soul is no longer in the body and only the physical body remains. This is also the case in Islam. After a person passes away, other members of society, including relatives, family members, or even other members of the Islamic community, must perform ceremonies for them. Some believe that the existence of these ceremonies – which in Islam include washing or bathing with special materials such as sidr and camphor, then shrouding the body with special fabrics called kafan, which has a minimum requirement and also includes recommended actions – is a symbol of the respect and sanctity that Islam has for human beings.
Some of these ceremonies are necessary and are referred to as “wajib kifayi”; meaning that as soon as a person dies, it becomes necessary for all members of the community to perform the burial ceremonies, including washing, shrouding, and burying the deceased. When a group of relatives or other individuals perform these actions, the responsibility is lifted from others. In Arab tradition and some other ancient cultures, neglecting the dead and leaving them behind is considered a form of disrespect. Therefore, the establishment of this rule by Islam for performing religious ceremonies is a testament to Islam’s attention to even a soulless human being and a human being after the end of their physical life, when they have become a mere piece of flesh and bone. The recommendation to not delay the burial is also understandable within this context, as in the past there was a higher likelihood of the body becoming infected.
Therefore, it can be said that this type of obligation can shed light on the Islamic intellectual view of the body and the deceased. Another part of the recommendations is not considered obligatory, but it is recommended and Islam has promised rewards for it in order to encourage members of the Islamic community to do it. This way, both the dignity of human beings is shown and the dignity of the deceased and their family is respected. I will mention a few examples of these recommendations.
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It is recommended that the funeral procession be held. This means that a group of people from the community gather and accompany the deceased to their final resting place. There are many narrations about the funeral procession that speak of the rewards in the afterlife for this act. For example, in the book “Man La Yahduruhu Al-Faqih,” it is narrated from Amir al-Mu’minin that he guarantees paradise for six people, one of whom is the person who leaves their home to participate in the funeral procession of their fellow believer. These rewards and incentives are meant to encourage people and show that Islam also holds respect for the deceased and desires for proper etiquette and customs to be observed in the community for the deceased.
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Another recommendation is to participate in funeral prayers. There are many narrations about the rewards of those who pray over a believer. In the book Kafi Sharif, it is narrated from the Prophet that the one who prays over a believer will enter paradise. This encouragement is for the community to participate and show care for the deceased. Of course, attending a funeral also has other social and moral benefits, such as forming social bonds and reminding us of death, righteousness, and preparation for this journey. But undoubtedly, these recommendations also show the importance of observing etiquette even for the deceased.
What about disrespect towards the deceased? What do the holy texts or traditions say about this? Also, is there a consensus among Shia scholars regarding the sanctity of graves and the prohibition of breaking bones of the dead? (Is it considered reprehensible, forbidden, or subject to certain considerations?)
There are some narrations that warn people against mocking and disrespecting the deceased, and in addition to condemning this act, punishments in the afterlife are also mentioned. The religious leaders have repeatedly reminded people not to laugh or mock at a funeral or provide disrespectful items for it. In the guidance of the heart, it is narrated from the Commander of the Faithful that if someone laughs at a funeral, God will humiliate him in front of other servants on the Day of Judgment. These recommendations also indicate that the deceased has a sanctity and honor that Islam wants to be preserved.
It should be noted that Shiism has always been in opposition and most governments have been in the hands of Sunnis. In light of this situation, some recommendations have been issued by the Imams for Shiites. For example, Imam Sadiq advises Shiites to participate in the funeral of these individuals when living in an Islamic society and among Sunnis. It is as if even when the deceased is not a Shiite, they should still be honored by the followers of other religions in society and this presence has been noticed.
One of the things that can be paid attention to and is indicative of its position in a thought, is the issue of crime against the deceased. In Islamic criminal law, which is currently applied in the country and is based on jurisprudential principles, any crime against the deceased is prohibited. Any form of sexual assault and also causing harm to the body parts of the deceased is prohibited and a blood money and punishment is considered for it. Article 722 stipulates that the blood money for a crime against the deceased is one tenth of the blood money for a complete human being. Regarding sexual assault against the deceased, there is no difference between a dead and a living person. That is, there are narrations that consider sexual assault against the deceased as equivalent to sexual assault against a living human being and, while condemning this heinous act, a severe punishment is prescribed for it.
Furthermore, another recommendation that demonstrates the respect for the body and attention to it is the issue of respecting the grave. Since ancient times, in the Arab intellectual tradition before Islam and other nations, desecrating the grave and eternal resting place of individuals has been condemned; as if it is an attack on their peace and sanctity. In Islamic jurisprudence, desecrating the grave has also been declared forbidden; as if it goes against the sanctity of the owner of the grave.
In certain cases, where this sanctity conflicts with the rights of others, it may be lifted; such as when a corpse is buried in a land that has been seized and they did not have the right to bury it there. In this case, if it is not possible to satisfy the landowner, it can be exhumed and buried in another place. However, it is also recommended not to disrespect the body in the process.
Mr. Khalili, the important question that is being raised is whether this right that you mentioned is only applicable to Shia individuals or does it also include followers of other religions and sects, or even non-believers?
One of the recommendations found in the historical and jurisprudential teachings of Muslims is the advice given by the Prophet or other leaders to individuals going to war. In these recommendations, it is emphasized to refrain from actions such as mutilating and dismembering the bodies of enemies. In fact, Islamic scholars use these recommendations to demonstrate how the sanctity of human life is viewed in the Islamic thought system. When Islam does not allow for the desecration of the enemy’s body and advises against mutilation, it undoubtedly holds the human being in high esteem. When the enemy’s body is considered sacred and laws are put in place to protect it, the body of a Muslim and non-enemy will also have its rightful place.
In your opinion, what do you think about Muslims allowing the desecration of graves? For example, in recent decades, we have witnessed the breaking of tombstones of some Iranian poets and intellectuals, or cemeteries being destroyed under various excuses, even being turned into places like parks or cultural centers.
Sometimes it is observed that people, under various excuses, disrespect certain graves and even damage the place, stone, and other belongings present there. Firstly, it must be said that this issue is definitely condemned and reprehensible from an ethical point of view, and even if we did not have any verses or narrations condemning it, human conscience condemns this act. The grave stone or building, if it has an owner, belongs to that person, or if it is a waqf (endowment), it belongs to the trustee, and if someone damages these properties, they are responsible for compensating for the damages. Let’s say a cultural or political figure, who has a grave and is popular and respected by the community, is disrespected by some people. This action is reprehensible, and if any damage is done to it, they are responsible for compensating for it. Unfortunately, I must say that if someone does not respect the sanctity of a grave and its occupant
Does Sharia have any mention of the right of the family to receive their deceased and bury them in their desired cemetery and hold mourning ceremonies for them?
Regarding the issue of mourning and the rights of family and relatives in regards to a loved one who has passed away, it is the same. This right belongs to the members of the family. For example, the eldest child should allow for the father’s body to be prayed over during prayer, or in the matter of burial and the location of burial, the deceased can make a request beforehand as to where they would like to be buried. Of course, if there is no request, the family members have the right to decide. Mourning and showing sympathy has been emphasized in religion and there are many narrations encouraging people to attend these ceremonies and offer condolences. These ceremonies serve different purposes and religious leaders have recommended them for this reason. The presence of people and mourning brings peace to the individuals and the bereaved, and helps them cope with their grief. Mourning is a period for getting used to the current situation. Crying, wearing black, and other customs are all designed for specific individual,
Thank you for the opportunity you have given us.
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