Fatwa #1074822 February 2004United Kingdom
My brother passed away and I wanted to lead the funeral prayer.
Question
Assalamu Alaikum My brother passed away and I wanted to lead the funeral prayer. What happened was that I said to the Imaam "If you dont mind, as it's my brother's funeral I want to lead the funeral prayer. He said (rudely) in future he will not lead the funeral prayers. I told him it's my brother's funeral so it is my right to lead the prayer. He said in a lowder voice that Imaam is the wallee. So I let him lead the prayers. He showed me the book DUREE MUKHTAR, in which it says that in order of priority it is the RULER , HHIS DEPUTY, QAZI, IMAAM and than NERAEST RELATIVE. However if the relative is better than the Imaam than the relative should lead the prayer. Someone told me that this ruling applies if it's an Islamic Government. Where does the relative stand??? What evidence is there ? Is there any Evidence from Quraan/Sunnah, any supporting evidence from time of Sahaaba, Tabe'een???? This is urgent as I am going to come back to UK soon, reply ASAP please. Salaam.
Answer
What the Imam showed you from the book Dure Mukhtar that in order of priority the Imam comes before the nearest relative, is correct. In cases like these an amicable solution should be sought between the parties involved.
and Allah Ta'ala Knows Best
FOR-Mufti Ebrahim Desai
FATWA DEPT.
Checked and approved: Moulana Emraan Vawda
and Allah Ta'ala Knows Best
FOR-Mufti Ebrahim Desai
FATWA DEPT.
Checked and approved: Moulana Emraan Vawda