Research Article

The Rights of the Dead Over the Alives in Islamic Fiqh

Number: 16 June 30, 2021
EN TR

The Rights of the Dead Over the Alives in Islamic Fiqh

Abstract

Death is a reality that will happen to every person. As long as the person is in this world, he has responsibilities and rights. With death, the responsibility of the person ends. But their rights continue for a certain period of time. These rights were explained in our article. The aim of the article is to determine the rights of the deceased on the living and to explain the jurisprudence rights in terms of fiqh. For, understanding the rights of the dead; are discussed in three parts. the rights to the deceased's estate, rights to the body of the deceased and the rights to the soul of the dead. The continuation of legal regulations to a person after death shows that man has never been neglected by his Lord. Because these rights for the dead are provided by Him. Nobody can take away this right. The existence of rights regarding the body of the dead shows the value given to man. As the living thing of man is valuable, his dead body is also valuable. For these reasons, it is haram to harm the body of the living like to harm the body of the dead. Practices such as performing the funeral prayer of the dead, shrouding, washing, and burial are signs of the spiritual value given to the body of the deceased. With death, the rights of the deceased pass from him responsibility to him estate after a certain period of time. The deceased has both financial rights and personal rights, and sometimes two rights together. Personal rights end with death and do not pass on to heirs, on the other hand, solely financial rights pass on to heirs. Unless the financial rights of the deceased are paid, his estate is not distributed to the heirs. The debts of Allah; under normal conditions, not fall. However, if a person is unable to do this as long as he lives, this debt is deducted by ransom, as in fasting. The possibility of this after death; there are different judgments on this subject according to worship and different opinions of jurists in details. After death, the soul leaves the corpse, and with the grip of the soul, its disposition on the body ends. When the savings of the soul in the body cease, the field of action also disappears. On the other hand, there are practices that the dead have no effect and those who live after him death do for his. The performance of these practices by the living can be regarded as a right for the soul of the dead. In our study, were explained the rights to the soul and the fiqh judgements of the issues believed to affect the soul. Accordingly, it is unanimously accepted as a right that the living pray for the souls of the dead and make forgiveness their sins.It is also accepted by the majority that the recited Quran will be donated to the souls. These jurisprudences constitute the most important evidence of the existence of rights for the souls of the dead. There are new developments about the nature of death every day. The fact that death includes a process until the person who completes this worldly life is resurrected makes the subject important. In this respect, Muslims need to be informed about the consequences of death. Considering that there is also information pollution on this subject today, the necessity of bringing together our duties against the dead in a study emerges. It is thought that this study contributes to death issue within the framework of the deceased's rights. The article consists of three titles following the introduction. In the first title, the concepts of death and right, which constitute the basic concepts of the research, were explained in proportion to their relevance to the subject. General results of death were given under the second title. In the third title, the rights of the deceased over the living were classified as one of these results and the rights to the body, estate and soul of the deceased are mentioned in turn.

Keywords

References

  1. Bardakoğlu, Ali. “Hak“. Türkiye Diyanet Vakfı İslâm Ansiklopedisi. 15/139-151. İstanbul: TDV Yayınları, 1997.
  2. Begavî, Ebû Muhammed Muhyissünne el-Hüseyn b. Mes‘ûd b. Muhammed el-Ferrâ’. et-Tehzîb. thk. Adil Ahmed Abdülmevcûd vd.. 8 Cilt. Beyrut: Dârü’l-Kütübi’l-İlmiyye, 1418/1997.
  3. Bereketî, Muhammed Umeym el-İhsan el-Müceddidî. et-Ta’rîfâtü’l-fıkhiyye. Beyrut: Dârü’l-Kütübi’l-İlmiyye, 1424/2003.
  4. Buhârî, Ebû Abdillâh Muhammed b. İsmail. el-Câmiʿu’ṣ-ṣaḥîḥ. thk. Muhammed Züheyr b. Nasr. 9 Cilt. b.y.: Dârü Tavki’n-Necât, 1422/2001.
  5. Buhârî, Burhânüddîn Mahmûd b. Ahmed b. Abdilazîz. el-Muḥîṭü’l-Burhânî fi’l-fıḳhi’n-Nuʿmânî. thk. Abdülkerîm Sâmî el-Cündî. 9 Cilt. Beyrut: Dârü’l-Kütübi’l-İlmiyye, 1424/2004. Buhûtî, Mansûr b. Yûnus. Keşşâfü’l-kına` an metni’l-İkna`. 6 Cilt. Beyrut: Dârü’l-Kütübi’l-İlmiyye, ts.
  6. Cezîri, Muhammed b. Ahmed. el-Fıkh ale’l-mezâhibi’l-erba`a. 5 Cilt. Beyrut: Darü’l-Kutubi’l-İlmiyye, 1424/2003.
  7. Cumhurbaşkanlığı İletişim Başkanlığı. ”Anadolu Ajansı”. (Son Erişim: 19.03.2021). https://www.aa.com.tr/tr/turkiye/organ-nakli-otopsi-engeline-takildi/183067.
  8. Cüveynî, Ebü’l-Meâlî Rüknüddîn Abdülmelik b. Abdillâh b. Yûsuf. Nihâyetü’l-maṭlab fî dirâyeti’l-meẕheb. thk. Abdülazîm Mahmûd ed-Dîb. 20 Cilt. Cidde: Dârü’l-Minhâc, 1428/2007.

Details

Primary Language

Turkish

Subjects

Religious Studies

Journal Section

Research Article

Publication Date

June 30, 2021

Submission Date

March 11, 2021

Acceptance Date

May 10, 2021

Published in Issue

Year 1970 Number: 16

ISNAD
Bayar, Mesut. “İslam Fıkhında Ölünün Yaşayanlar Üzerindeki Hakları”. Amasya İlahiyat Dergisi. 16 (June 1, 2021): 267-299. https://doi.org/10.18498/amailad.895211.

Cited By

Amasya Theology Journal is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

OAI: https://dergipark.org.tr/api/public/oai/amailad/
LOCKSS: http://dergipark.org.tr/amailad/lockss-manifest