Ghusl (Bathing) of a female or male who dies amongst one another.
Case 12
If a woman passed away amongst men, or if a man passed away amongst women, who should give the Ghusl in such a situation?
The Ruling
If the deceased is a woman or Mushtihaat, (i.e. a female with whom intimacy is possible), and there is no female present there, then if a ten or eleven-year-old boy can give the Ghusl, even if this is done while being instructed by others (how to give the Ghusl), he should do so; or if a non-Muslim female can be found, who will give the Ghusl as explained to her, then she should do the Ghusl. Otherwise, one of the deceased’s Mahram (i.e. a male relative with whom Nikah was forbidden) should perform the Tayammum. If the deceased was a bondswoman (slave-girl), then either her husband or some stranger should simply perform the Tayammum.
If she was not a slave-girl, then in this situation, the husband should cover his hands with a cloth (i.e. gloves), and then perform Tayammum, without the need of closing his eyes. If even the husband is not present, then a stranger may perform the Tayammum, but he will close (i.e. cover) his eyes when doing so.
If the deceased is a male or a boy with a sense of understanding and there is no male present there, then if the deceased’s wife is present, then since the ruling of her being his wife is still remaining, and she can touch him, then she may give him Ghusl.
If she is not present, then if a seven or eight-year-old girl who knows how to perform the Ghusl, even if it is by others instructing her (how to do so), then she should; or if there is an unbeliever, and he is able to perform the Ghusl, if instructed (by someone), if not if there is one of the females who is the Mahram of the deceased or the Shar’ee Kaneez (bondswoman in light of Shariah) of someone, then they should just do Tayammum with their hands.
If it is a free-woman or a non-Mahram, then they should do so by covering the hands, but in this case, there is no prohibition in looking towards the deceased. [It has been mentioned accordingly in Fatawa Razviyah and its evidence can be found therein] واللہ تعالیٰ اعلم
Translator’s Note: Mushtihaat means desirable. In other words, it refers to one who excites his passion.
References
Fatawa Africa, case 12, Imam Ahmad Rida Khan Qadri RadiyAllahu Anhu
[Translation]
Mufti Afthab Cassim Qadri Ridawi Noori