Recently some Ulama attended the funeral of an ANC activist who had pro LGBTQ+ views. She did not retract her views, but her brother says that before she passed away, she recited the Kalimah. Is it permitted for the ulama to attend such a burial and service?

Answer:-

The ANC activist in question, was pro LGBTQ+ and, in fact, made an effort to try and change the mindset of people and thereby get them to accept those involved in these acts of evil. In fact, she regarded the LGBTQ+ community similar to the indigenous people that were put into a Bantustan during the apartheid era, indicating that they are not recognized or acknowledged, hence, we should change our mindset and accept the concept of homosexuality, lesbianism, bisexual, transgender and queer, whereas, regarding something prohibited and Haraam in the Shariah as permissible, results in one losing their Imaan. It is on this basis that she lost her Imaan.

 

We are not fully aware of her history, but according to the articles on the internet, her name was Yasmin Dangor and she later changed it to Jessie Duarte. The reason for this change is unknown to us. However, based on her beliefs with regard to LGBTQ+ which we have explained above, she was considered as a Murtaddah.

 

Now, if she reverted to Islam, then it was necessary for her to have recited the Kalimah-e-Shahaadat and openly declare that she disassociates and distances herself from homosexuality, lesbianism etc. and she should have clearly stated that it is unacceptable in our Deen. By doing so, she would have been considered as a Muslim once again (by one and all) and afforded a Muslim burial without any form of dispute. However, since there was no public retraction from her beliefs, notwithstanding the fact that she is still recognised as pro-LGBTQ+ even after her demise (as recorded on the internet), she was not worthy of being given a Muslim burial and it was incorrect for Muslims to attend her burial.

 

Yes, we do not dispute that if she had secretly repented from holding these wrong views and renewed her Imaan in secrecy, then that was a matter between her and Allah Ta’ala, and He will decide on the day of Qiyaamah. However, we will have to deal with the apparent condition of a person in this world, as we are unaware of the unseen.

 

ان من كان كفره أن من كان كفره بإنكار أمر ضروري كحرمة الخمر مثلا أنه لا بد من تبرئه مما كان يعتقده لأنه كان يقر بالشهادتين معه فلا بد من تبرئه منه كما صرح به الشافعية وهو ظاهر- رد المحتار 365 ج6

 

ثم كون التوبة سببا لغفران الذنوب وعدم المواخذة بها مما لا خلاف فيه بين الامة وليس شيئا يكون سببا لغفران جميع الذنوب الا  التوبة ثم اذا تاب توبة صحيحة صارت مقبولة غير مردودة قطعا من غير شك وشبهة – شرح فقه الأكبر ص 193 – 196

 

اگر مقتدیٰ شخص کی غلطی سے عوام کی گمرائی کا  اندیشہ ہو اور بعد میں اس مقتدیٰ شخص کو اپنی غلطی کا احساس  ہو جائے تو اسے برملا اپنی غلطی  کا اظھار کرنا چاہے تاکہ گمرائی کا سد باب  ہوسگے (كتاب النوازل ص425 ج16)

 

ALLAH TA’ALA KNOWS BEST!

 

ANSWERED BY:-

Mufti Mohammed Desai

Date: 28 Dhul Hijjah 1443 / 28 July 2022