What is the ruling on performing the funeral prayer when the bodies of Muslims and non-Muslims are mixed and indistinguishable?
General Chapter
Al-Mughni
Book of Funerals
Primary text
If the corpses of Muslims are mixed with the corpses of non-Muslims and cannot be distinguished, the funeral prayer is performed over all of them, with the intention directed toward the Muslims. Ahmad states that the bodies should be placed between the worshipper and the Qiblah before the prayer is performed over them. This opinion is held by Malik and Al-Shafi'i. The evidence for this ruling is that performing the prayer over the Muslims is possible without harm, which necessitates its performance, just as if the Muslims were the majority. Furthermore, if it is permissible to intend the prayer and supplication for the greater number, it is permissible to intend it for the lesser number.
Supporting text
Abu Hanifa holds that the prayer should only be performed if the Muslims constitute the majority of the bodies; otherwise, the prayer is omitted. This is based on the principle that consideration is given to the majority, similar to how the Abode of Islam is characterized by Islam due to the prevalence of Muslims, while the Abode of War is characterized by non-believers due to their numbers. This view is countered by citing cases where the ruling is established for the minority, such as when one's sister is mixed with unrelated women, or a permissible slaughtered animal is mixed with forbidden ones, where the ruling is applied to the minority.