Who has priority in praying the funeral prayer (Salat al-Janazah) for a deceased woman when both her husband and her paternal relatives (Asabat) are present?
General Chapter
Al-Mughni
Book of Funerals
Primary text
The precedence is given to the Asabat (paternal relatives). This is the apparent meaning of the statement by Al-Khiraqi and is the majority of narrations attributed to Ahmad, along with the views of Sa'id ibn al-Musayyab, Al-Zuhri, Bukayr ibn al-Ashja', and the Madhhabs of Abu Hanifa, Malik, and Al-Shafi'i. The evidence supporting this view relies on general principles, although the text does not explicitly cite a specific piece of evidence for the Asabat preference in this context, only noting the disagreement with the husband's priority.
Supporting text
Abu Hanifa holds that the husband is prioritized over the woman's son. An alternative narration attributed to Ahmad favors the husband's priority over the Asabat. This is supported by the action of Abu Bakra who prayed over his wife without seeking permission from her brothers. This latter view is also attributed to Ibn Abbas, Al-Sha'bi, 'Ata', 'Umar ibn 'Abd al-'Aziz, and Ishaq. The reasoning provided for the husband's priority is that since he has a right to wash the body (a point of agreement), he should also have the right to lead the prayer, analogous to the agreed-upon case. Furthermore, a narration from 'Umar (may Allah be pleased with him) stated to the wife's relatives: 'You have more right to her.' Based on this narration, if the deceased has no Asabat, the husband is prioritized because he possesses a cause (marital link) and compassion (shafaqah), making him preferable to a non-relative (ajnabi).