Rules Concerning the Martyr

Although the martyr is also a deceased person outwardly, all the rules related to a normal deceased person do not apply to him. Apart from this, there are many virtues of a martyr. It was therefore considered appropriate to outline the rules concerning him separately. Several types of martyrs have been mentioned in the Hadith. Some ulama have compiled entire books in which all the different types of martyrs are mentioned. But the martyr whose rules we wish to outline over here are specifically for that martyr who complies with the following conditions:

1. He has to be a Muslim. No type of martyrdom whatsoever can be established for those who are not Muslims.

2. He has to be mature and in his senses. If a person is killed while he is in a state of madness or not mature as yet, the rules which we are going to discuss later will not apply to him.

3. He has to be pure from hadath-e-akbar . If a person is killed while he is in a state of hadath-e-akbar , or a woman is killed while she is in her haid or nifaas, these rules of a martyr will not apply to them.

4. He has to be killed out of innocence. If a person is not killed out of innocence, instead he is killed because of a crime which he committed against the Shariah , or he was not killed but died a natural death, the rules of the martyr will not apply to him.

5. If he is killed by a Muslim or a Zimmi , then an additional condition is that he must be killed by an instrument that is used for killing. If a Muslim or Zimmi kills him by any other object such as a stone, the rules of a martyr will not apply to him. Steel is regarded as an object for killing even if it is not sharp. If a person is killed by the kuffaar , renegades, highway robbers, or he is found killed in the battle field, then this condition of being killed by an "instrument of killing" will not apply. So much so, that if they kill him with a stone, he will still be regarded as a martyr. In fact, even the prerequisite of them being the killers is not necessary. Even if they were the cause of his death, i.e. even if such conditions prevail which lead to his death, the rules of a martyr will apply to him. Examples which illustrate this are as follows:

(i) A kaafir trampled over a Muslim with his animal while this kaafir was riding the animal.

(ii) A Muslim was riding his animal when a kaafir gave chase to this animal. As a result of this, the Muslim fell off his animal and died.

(iii) A kaafir set fire to a Muslim's house or possessions as a result of which this Muslim got burnt and died.

6. As a punishment of that killing, no monetary compensation must be stipulated by the Shariah from the beginning. Instead, qisaas must be made wajib . If any monetary compensation has been stipulated, the rules of a martyr will not apply to that person who has been killed. This is even if he has been killed wrongfully. Examples which illustrate this are as follows:

(i) A Muslim kills another Muslim with an instrument that is not normally used for killing.

(ii) A Muslim kills another Muslim with an instrument of killing, but kills him mistakenly, e.g. he was pointing at an animal or some other target but the bullet hits some Muslim.

(iii) A person is found murdered in any place other than the battle field and his killer is not known.

Since monetary compensation becomes wajib in all these cases and qisaas does not become wajib , therefore the rules of a martyr will not apply over here. The condition of monetary compensation being stipulated from the very beginning has been attached because: if qisaas had been stipulated in the beginning and due to some reason it was forgiven and in place of it some monetary compensation was stipulated later, then in such a case the rules of a martyr will apply. Examples of this are as follows:

(a) A person was killed intentionally and wrongfully with an instrument of killing. However, a monetary compromise was made between the killer and the inheritors of the person killed. In such a case the rules of a martyr will apply because from the beginning qisaas was wajib and not any monetary compensation. This monetary compensation only became wajib after a compromise was reached.

(b) A father kills his son with a weapon. In such a case, qisaas became wajib from the beginning and not any monetary compensation. However, out of respect for the father, he was excused from qisaas and instead, a monetary compensation became wajib . The rules of a martyr will apply in this context.

7. After being injured, the person must not conduct any affair of this world which shows ease and comfort such as eating, drinking, sleeping, taking medication, buying and selling, etc. Nor should he live to the extent of one salaat time while he is conscious and in his senses. Nor should he be carried from the battle field while he is in a state of consciousness. However, if he is carried out of fear of being trampled upon by animals, there is no harm in this. If a person talks considerably after being injured, he will not be regarded as a martyr because to talk a lot is an attribute of those who are living. Similarly, if a person makes a bequest, he will be out of the category of a martyr if this bequest is connected to a worldly matter. But if this bequest is made for a Deeni matter, he will be regarded as a martyr.

If a person is martyred in the battle field and he does any of the above acts, he will be excluded from the category of a martyr. If not, he will not be excluded from this category. However, if he commits any of the above acts while the battle is still carrying on, he will be regarded as a martyr.

1. The martyr who fulfils all the above conditions will not be given ghusl nor will any blood be cleansed from his body. He will be buried as he is.

2. The second rule is that the clothes which he was wearing will not be removed from his body. However, if his clothes are less than the stipulated number for the kafan , more clothes could be added in order to complete the stipulated number. In the same way, if he is wearing more than the stipulated number, the extra pieces of clothing should be removed. If he is wearing clothing which is not good enough to serve as kafan , such as leather or fur, these should also be removed. But if he is not wearing anything else, these should not be removed.

3. His hat, shoes, weapons will have to be removed under all conditions.

4. All the other rules that are applicable to the normal deceased person, such as salaat, etc. will also apply to the martyr.

5. If any of the above conditions are not met with in a martyr, he will be given ghusl and will also be made to wear a new kafan .