Q.
Is there a command in the Holy Qur'an for the janaza prayer? Can one
read the janaza prayer for an 8-month baby who is stillborn? According
to a hadith, if you hear a sound from a baby's mouth, then you should
read the janaza for a baby who dies shortly after birth. Are there any
other hadith on this subject about babies dying at birth or shortly
after? At what point can one say that life starts in human beings? Do we assume
that from that point on, anytime that life expires, we have to read the janaza?
A.
It is always refreshing to see requests for references from the Qur'an. That is
an indication that Muslims are becoming increasingly aware of the need to use
Islam's only source of unquestionable authenticity. That being said, it must be
mentioned that in several cases on which the Qur'an is silent, such silence is
often on the presupposition that the Muslims know -- or have a paradigm on --
what is required. It also sometimes indicates that the Qur'an allows for
cultural and other differences. On the aspect of janaza, there is no
Qur'anic indication as to how it is to be done. The hadith on it are ahad,
which means that for the purpose of academic evaluation, we may state that such
hadith are all subject to the probability of mendacity. For this reason,
the Muslims are not in concert as to what du'as are to be read, how many
rakas are to be done, etc., as some Muslims even pray five rakas.
The
question of when life begins would have been an inquiry beyond the
sensibilities of the seventh century Muslims and those of the early classical
Islamic period. But they were aware of the need to establish if a child was to
be given a janaza or not. For this they devised what was known as the
testimony of "istihlaal" -- that is, the sound of the newborn
baby. If this sound was heard even for a second before the baby died, it was
declared to have been alive. This concern seems to have been developed along
legal considerations, mainly for inheritance purposes, rather than ethical or
medical ones. This leads to the conclusion that for the purposes of Islamic
law, two types of life may be presumed: actual life, and that life which is
established by normal perception. The istihlaal refers to the latter
case. Certainly we know now that before the exit from the womb, the fetus
exhibits several aspects of what may cause it to be deemed a living thing. But
in the Islamic legal definition, at least as it pertains to inheritance and the
need to perform the janaza, it would seem that the "life" that
causes legal responsibility is that form which occurs in the fetus at the time
of, or after it is separated from its mother, either by natural childbirth, or
any other form of separation.
On
the issue of the janaza, which is a form of worship, there is a rule
based on careful study of the Qur'anic imperatives, and its rule of making
things as easy as possible, and considering that Allah says: "I have
not created the Jinn and Humankind except to worship Me." This rule is
stated in two ways:
(1)
The basic rule in everything -- except worship -- is permissibility or,
(2)
The basic rule in worship is prevention -- meaning that one is not allowed to
introduce anything new in worship, for Allah has ordered us to do all that is
necessary.
You
may notice that I have carefully attempted to distinguish between the legal
responsibility of the presumption of life, and the actual presence of life.
This is not because I am unaware of certain hadith that are interpreted
by a number of scholars in light of the prevailing questions of when life
begins -- hadith that apportion a specific time for the fetus being in
particular stages, and when Allah blows life unto it. Medical doctors and
ethicists in all religions still argue on this issue today. It is beyond the
scope of solution by resorting to hadith and Qur'an. It should also be
noted that the janaza is a responsibility of the living towards the
dead. This means that if, for some strange reason, a believer dies, and there
is no janaza for him/her, by no stretch of the imagination can we
attribute blame to the dead person. That responsibility only comes into play
when the fetus has separated from its mother, and has survived -- even for a
nanosecond -- on its own. If the fetus leaves the womb but there is no
life, there is no janaza. And Allah knows best.
Posted November 28, 2001