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Praying over a deceased who included a cremation request in his will
Question
Is it permissible for a Muslim imam to hold the funeral prayer over a deceased who included a cremation request in his will?
Answer
It is impermissible to execute a Muslim's will to cremate his body because Islam regards this matter as an infringement on human dignity. This is because the sanctity of a dead person is the same as that of a living one. Muslims are obliged to pray over a deceased person and bury his body according to the Islamic manner. It is impermissible for them to consider his request to be cremated a preventive for holding funeral prayers over him. This is because the reason for the obligation of holding funeral prayers is the deceased being a non-martyr Muslim.
Jurists permit holding the funeral prayer over a Muslim who commits suicide. Rather, Muslim scholars have unanimously agreed that the sin of committing suicide does not waive a Muslim's right to the funeral prayer. Similarly, requesting cremation is a sin that does not waive a person's right to the funeral prayer.
The hadith scholar Abu 'Umar ibn Abd al-Bar stated in Istidhkar (3/29), "Muslims have unanimously agreed that it is impermissible to refrain from holding the funeral prayer over sinners on account of their sins, even if they have committed major sins. The Prophet
said, "Pray over anyone who has said "There is no deity but Allah and Muhammad is the Messenger of Allah." Although the chain of transmission is weak, the consensus we have mentioned above strengthens the hadith. He cited the hadith of Ibn 'umar [may Allah be pleased with them both] in which the Prophet said, "Pray behind whosoever says "There is no deity but Allah and Muhammad is the Messenger of Allah" and pray over whosoever has said "There is no deity but Allah and Muhammad is the Messenger of Allah."
said, "Pray over anyone who has said "There is no deity but Allah and Muhammad is the Messenger of Allah." Although the chain of transmission is weak, the consensus we have mentioned above strengthens the hadith. He cited the hadith of Ibn 'umar [may Allah be pleased with them both] in which the Prophet said, "Pray behind whosoever says "There is no deity but Allah and Muhammad is the Messenger of Allah" and pray over whosoever has said "There is no deity but Allah and Muhammad is the Messenger of Allah." Talha ibn 'Amr said, "I asked 'Atta, 'Should the funeral prayer be performed over a woman who became pregnant from fornication and died during the post-natal bleeding period and over a man who drowned while he was drunk?' He said, 'Yes.' I said, 'Even if they did not repent?' He said, 'They have rights due to testifying that there is no deity but God and their account is upon Allah. Have you not heard what Allah says about the pious worshipper? He says, "And what is my knowledge of what they used to do? Their account is only upon my Lord, if you [could] perceive" [Qur`an 26: 112-113]. Abu 'Umar said, 'His words "they have rights" demonstrates that praying over a deceased Muslim is a right imposed upon the living from among them."
The ruling
It is impermissible for the Muslims in your area to refuse to pray over a Muslim sinner or over one who has included a cremation request in his will. You should not execute his will, but you must pray over him and ask Allah to forgive him.
Allah the Almighty knows best.
