Question (Q-92)
What is the ruling according to Sharīʿah (Islamic Law) in relation to mourning during the month of Muḥarram, expressing sorrow in this month and getting married in the month of Muḥarram?
Answer:
In the Name of the Almighty
It is forbidden to mourn three days after the death of a deceased person. Beating the chest and wailing is unrestrictedly Ḥarām (forbidden). The methodology of Ahl al-Sunnah is the middle path between al-ifrāṭ (exaggeration) and al-tafrīṭ (renunciation). It is forbidden to mourn in the month of Muḥarram which is the symbol of the Shīʿah. Similarly, it is forbidden to imitate the Nawāṣib (enemies of the Ahl al-bayt) by celebrating and rejoicing according to their style in the month of Muḥarram which is based upon their enmity with the Ahl al-bayt (blessed family of the Prophet ﷺ). As for Nikāḥ (Islamic marriage), there is no prohibition pertaining to entering into marriage on any day or any month throughout the year. The objection may arise that this is the month in which the great Imām, Al-Imām Al-Ḥusayn (Allah be pleased with him) and the martyrs of Karbalā were martyred by the oppressors. The response to this is that indeed the calamity that occurred in Karbalā is from the significant events in the history of Islām. This does not necessitate that Nikāḥ (Islamic marriage) cannot be done in this month or on the date of the martyrdom. Otherwise there are many dates throughout the year in which the elders of Islām were martyred. For example, we can refer to the dates of the martyrdoms of Sayyidunā ʿUthmān Ibn ʿAffān (Allah be pleased with him), Sayyidunā ʿAlī (Allah enlighten his countenance) and thousands of Noble Companions and members of Ahl al-Bayt (family of the Prophet ﷺ). If this principle was to be established, there would not be a single month in the year to be found in which the martyrdom or passing away of an esteemed personality did not occur.
It is stated in Nūr al-Anwār,
وهو الذي يكون معتدلا بين الإفراط والتفريط وهذا صادق على شريعة محمد ﷺ
“(The straight path) is moderate between al-ifrāṭ (exaggeration) and al-tafrīṭ (renunciation). This truthfully applies to the Islamic Law of Muḥammad ﷺ.”
It is stated in a Blessed Ḥadīth,
عن عبد الله بن مسعود قال قال رسول الله ﷺ ليس منا من ضرب الخدود وشق الجبوب ودعا بدعوى الجاهلية
It is narrated from ʿAbdUllah Ibn Masʿūd (Allah be pleased with him) stated that Allah’s Messenger ﷺ said, “The one who strikes the cheeks, tears the collars and calls out with the invocation of ignorance is not from us.” (Ṣaḥiḥ Al-Bukhārī, Kitāb al-Janā’iz, Bāb mā yanhā min al-wayl wa daʿwā al-jāhiliyyah ʿinda al-muṣībah)
It is stated in Durr al-Mukhtār,
ويباح الحداد على قرابة ثلاثة أيام فقط
“Mourning is permissible upon (the death of) a relative for three days only.”
It is stated in commentary upon this in Radd al-Muḥtār,
أي للحديث الصحيح لا يحل لامرأة تؤمن بالله واليوم الآخر أن تحدّ فوق ثلاث إلا على زوجها فإنها تحد أربعة أشهر وعشرا
“This is due to the authentic Ḥadīth, “It is not permissible for a women who believes in Allah and the day of judgement to mourn for more than three days except (for a wife mourning) for her husband. For indeed she will mourn for four months and ten days.”
It is stated in Al-Fatāwā Al-Riḍawiyyah Volume 23, Page 407,
“Beating the chest and wailing is unrestrictedly Ḥarām (forbidden).”
Furthermore, it is stated in Al-Fatāwā Al-Riḍawiyyah Volume 22, Page 185,
“Wearing black for mourning is Ḥarām (forbidden) as is stated in Al-Hidāyah. Rather, any sort of alteration in dressing for the purpose of mourning is Ḥarām (forbidden). This is what is stated in Al-Mirqāh, commentary upon Mishkāh al-Maṣābīḥ of Mullā ʿAlī Al-Qārī. Therefore, during the blessed days of the month of Muḥarram, wearing green clothing which is a custom amongst the ignorant people is impermissible and a sin. Worse and even more impure than this is dark maroon, blue, aqua or black as this is a symbol of the Rawāfiḍ and imitation of them. In the same manner, the impure Naṣibī group wear red with the intention of rejoice and celebration.”
In relation to Nikāḥ (Islamic Marriage), it is stated in Al-Fatāwā Al-Riḍawiyyah Volume 11, Page 266,
” Nikāḥ (Islamic Marriage) is not forbidden in any month. And Allah knows best.”
It is written in Tafhīm al-Masā’il, Volume 10, Page 333,
“In our society, marriages do not generally take place in Muḥarram. This is not due to it being Ḥarām (forbidden) to do this. It is not necessary to do every permissible task at a specific time. There is no narration from the Imāms of Ahl al-Bayt (family of the Prophet ﷺ) prohibiting marriage in the month of Muḥarram al-Ḥarām according to Sharīʿah (Islamic Law) .”
And Allah knows best and His Knowledge is Complete and Sublime.
Written by: Shaykh Omar Khan (Allah preserve him)
Verified by: Mufti Shamsulhuda Khan Misbahi (May Allah preserve him)
