Comments on Janazah Prayer on a Reprobate

Since the death of one of the suspected bombers pertaining to the Boston marathon tragedy, a number of Muslims online have declared that the deceased is not entitled to a funeral prayer (Salaah Al-Janaazah) because he was not a true Muslim.  Moreover, a Sunni imam declared that he would not perform the funeral prayer for him and that “there was no room for him as a Muslim.” However, Islamic jurisprudence has positions on whether or not such as person deserves a funeral prayer by the Muslim community.

Within the four Sunni schools of thought (Hanafi, Maliki, Shafi’i & Hanbali), it is a community obligation (Fard Kifaayah) to perform funeral prayers upon every Muslims, be (s)he one who is pious (Birr) or is a reprobate (Faajir).  Moreover, the funeral prayer must be given unless (s)he apostates from Islam.  In the Sunni interpretation of Islam, committing grave sins from homosexual intercourse, engaging in usury to alcohol consumption does not make one a non-Muslim.  The same holds true for a murderer.

Hence according to mainstream Sunni theology, the suspect died as a Muslim and thus is entitled to a funeral prayer; for him not to be given one would be a community sin.  The status of him dying a believer (Mu’min) is another matter.

The same holds true in two of the Shi’i schools of thought (Musta’li Isma’ili/Bohra & Ja’fari) and the Ibadi school that the funeral prayer is held for the reprobate, not just the pious.

Thus those who hold the position that follow “Sunni Islam” or one of the other three schools mentioned who say the deceased was not entitled to a funeral prayer predominately fall into two categories:

1)      They lack knowledge of the classical Islamic tradition of what scholars have ruled based upon the Qur’an & Sunnah within a legal framework. In other words, they used their own independent rationale.

2)      They lack moral courage and have taken on an opinion knowing their school of thought’s jurisprudence yet chose to abandon it out of fear or anxiety of public opinion.

Both of these positions are problematic for difference reasons.

The first is dangerous in the sense that laymen, knowing that they have little to no formal religious training, are comfortable to make such statements on issues that scholars who memorized the Qur’an, hundreds of prophetic traditions (aahadeeth) and developed or studied legal theory made.  Osama bin Laden was not trained in Islamic jurisprudence either yet gave his own verdicts, which had detrimental and deadly consequences. This is a bad principle though persons who do this are not on the level of being dangerous such as bin Laden.  In a good (hasan) narration, it’s reported that Prophet Muhammad (prayers and peace be upon him and his family) said, “Whoever gives a religious opinion without knowledge, he is cursed by the angels.

The second is also dangerous, for the one who lacks moral courage sells their faith for a cheap price seeking to be accepted by public opinion.  They in turn can sell the community down the river too.  Lut (peace be upon him) did not accept same gender sexual relations just because the majority of people in Sodom believed it to be okay.  Muslims are to factor in societal sensitivities yet not subvert Islamic directives with the hopes of being accepted by the status quo.  This is an exercise in futility for the Qur’an states, “Never will all of the Jews nor all of the Christians be pleased with you until you follow their way.

The only school of thought, which has a definitive ruling of not giving the funeral prayer for one who clearly dies committing acts of treachery, murder or oppression is the Zaydi school of thought.  Also unlike the other schools who say that one can pray behind every imam even a reprobate, be one praying with the intention of following him (Sunnis) or praying in congregation behind him with intention of leading one’s self, which is a form of dissimulation (taqiyyah), followers of the Zaydi school are prohibited from such.  But again, followers of the Zaydi school of thought probably do not constitute one percent of American Muslims.  I highly doubt that most of the online comments came from Zaydis; the imam is definitely not Zaydi.

In all of the drama that is going on now, I’m reminded of a talk that Dr. Sherman Abd Al-Hakim Jackson gave at the ISNA Diversity Forum in summer of 2012 in Dearborn, Michigan. He stated what he feared for American Muslims was a lack of moral courage, that we would turn into a community that will sacrifice principles for the perceived possibility of acceptance, even but for the short term.  I concur and see this weakness manifested in other stances that some American Muslims take, including a few imams, which are clearly outside of imperative directives within the Qur’an and prophetic tradition.

May the Almighty protect us from criminals among and outside of us, and may He strengthen us to have greater moral courage. Ameen.

*Additional note as of 4/26/13 at 3:10 p.m.

I neglected to mention that in the Maliki school of thought,  there is an opinion that the imam cannot pray upon a reprobate, but that prayer upon him/her is still a community obligation.  A family member or general community member should pray on the reprobate as a sign to the Muslims that such behavior in which he/she died under is not acceptable behavior to the Muslims.  This is, however, different from saying  that the person is not a Muslim or that he/she does not deserve a funeral prayer.

DawudWalid

Dawud Walid is currently the Executive Director of the Michigan chapter of the Council on American-Islamic Relations (CAIR-MI), which is a chapter of America's largest advocacy and civil liberties organization for American Muslims and is a member of the Michigan Muslim Community Council (MMCC) Imams Committee. Walid has been interviewed and quoted in approximately 150 media outlets ranging from the New York Times, Wall St Journal, National Public Radio, CNN, BBC, FOX News and Al-Jazeera. Furthermore, Walid was a political blogger for the Detroit News from January 2014 to January 2016, has had essays published in the 2012 book All-American: 45 American Men on Being Muslim, the 2014 book Qur'an in Conversation and was quoted as an expert in 13 additional books and academic dissertations. He was also a featured character in the 2013 HBO documentary "The Education of Mohammad Hussein." Walid has lectured at over 50 institutions of higher learning about Islam, interfaith dialogue and social justice including at Harvard University, DePaul University and the University of the Virgin Islands - St. Thomas and St. Croix campuses as well as spoken at the 2008 and 2011 Congressional Black Caucus Conventions alongside prominent speakers such as the Rev. Jesse Jackson and Congressman Keith Ellison. In 2008, Walid delivered the closing benediction at the historic 52nd Michigan Electoral College in the Michigan State Senate chambers and gave the Baccalaureate speech for graduates of the prestigious Cranbrook-Kingswood Academy located in Bloomfield Hills, Michigan. Walid was also a featured speaker at the 2009 and 2010 Malian Peace and Tolerance Conferences at the University of Bamako in Mali, West Africa. He has also given testimony at hearings and briefings in front of Michigan state legislators and U.S. congressional representatives, including speaking before members of the Congressional Hispanic Caucus in Washington, D.C. Walid has studied under qualified scholars the disciplines of Arabic grammar and morphology, foundations of Islamic jurisprudence, sciences of the exegesis of the Qur’an, and Islamic history during the era of Prophet Muhammad through the governments of the first 5 caliphs. He previously served as an imam at Masjid Wali Muhammad in Detroit and the Bosnian American Islamic Center in Hamtramck, Michigan, and continues to deliver sermons and lectures at Islamic centers across the United States and Canada. Walid was a 2011 - 2012 fellow of the University of Southern California (USC) American Muslim Civil Leadership Institute (AMCLI) and a 2014 - 2015 fellow of the Wayne State Law School Detroit Action Equity Lab (DEAL). Walid served in the United States Navy under honorable conditions earning two United States Navy & Marine Corp Achievement medals while deployed abroad. He has also received awards of recognition from the city councils of Detroit and Hamtramck and from the Mayor of Lansing as well as a number of other religious and community organizations.

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