Question:

Assalamu Alaikum.

When a wife passes away, does the Nikaah contract end? Can the husband have any physical contact with the wife in terms of bathing and shrouding her?

Answer: 

حامدا و مصليا و مسلما

Wa Alaikumus Salaam,

Yes, when a wife passes away, the Nikaah contract in this world comes to an end. Therefore, the husband is not allowed to have any physical contact with her in terms of bathing and shrouding.

If a case arises where there are no females or Mahram (male relatives with whom she is prohibited to marry) present to perform these rituals, then the husband will wrap his hand in a cloth and perform Tayammum upon her. This will suffice her in place of bathing. The husband will then be able to shroud her and bury her by minimizing as much physical contact as possible.

 

And Allah Almighty knows best.

 

References:

  1. Fatawah Shami: Vl: 3, Pg: 106, Qadimi Kutub Khanah.
  2. Fatawah Hindiyah: Vl: 1, Pg: 175, Qadimi Kutub Khanah.
  3. Fatawah Diniyah: Vl: 2, Pg: 431, Jamiah Husainiyah Randeer, 2013.

 

 

Written by: Mufti Usaamah Mohammed

Checked and approved by

Mufti Waseem Khan

17/10/2022