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Kissing Dead Brother by Menstruating Woman: Permissible?

19 December, 2019
Q Is it allowed for a menstruating woman to kiss her dead brother?

Answer

Dr. Jasser Auda
19 December, 2019

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

In this fatwa:

Therefore, there is nothing wrong if a menstruating woman kisses her dead brother.

Answering your question, Dr. Jasser Auda, Professor and Al-Shatibi Chair of Maqasid Studies at the International Peace College South Africa, states:

There are no restrictions on menstruating women except for two things. First, she is not allowed to fast but she has to make up the missed days later. Second, she is not allowed to pray and she does not have to make up the missed prayers.

Other than these two things, there is no difference between a woman in her menses and another who is not in her menses in terms of reading the Quran or being in the mosque or any of the other social or religious rituals.

As for kissing a dead person, there is nothing wrong with that. Aishah (may Allah be pleased with her) reported that Abu Bakr kissed the Prophet (peace be upon him) after he had died. (Al-Bukhari)

Aishah also reported that the Prophet kissed the forehead of Uthman bin Mazhun after his death. At that time tears were flowing from the Prophet’s eyes. (Abu Dawud)

Therefore, a menstruating woman can kiss her dead brother.

Almighty Allah knows best.

Menstruating Woman Kissing Dead Brother kissing the dead
About Dr. Jasser Auda
Jasser Auda is a Professor and Al-Shatibi Chair of Maqasid Studies at the International Peace College South Africa, the Executive Director of the Maqasid Institute, a global think tank based in London, and a Visiting Professor of Islamic Law at Carleton University in Canada. He is a Founding and Board Member of the International Union of Muslim Scholars, Member of the European Council for Fatwa and Research, Fellow of the Islamic Fiqh Academy of India, and General Secretary of Yaqazat Feker, a popular youth organization in Egypt. He has a PhD in the philosophy of Islamic law from University of Wales in the UK, and a PhD in systems analysis from University of Waterloo in Canada. Early in his life, he memorized the Quran and studied Fiqh, Usul and Hadith in the halaqas of Al-Azhar Mosque in Cairo. He previously worked as: Founding Director of the Maqasid Center in the Philosophy of Islamic Law in London; Founding Deputy Director of the Center for Islamic Ethics in Doha; professor at the University of Waterloo in Canada, Alexandria University in Egypt, Islamic University of Novi Pazar in Sanjaq, Qatar Faculty of Islamic Studies, and the American University of Sharjah. He lectured and trained on Islam, its law, spirituality and ethics in dozens of other universities and organizations around the world. He wrote 25 books in Arabic and English, some of which were translated to 25 languages.