تعذر أداء حق الميت في تغسيله، و الآثار المترتبة عليه : دراسة فقهية معاصرة على المذاهب الثمانية

الملخص EN

With the spread of accidents - especially those related to modern means of transport -, disasters, wars, or the collapse of homes on their residents, and the large number of deaths because of that; So that some of the dead fall between fire, drowning, or cut to pieces, or missing limbs, as well as the dead of epidemics and plagues; This research answers the ruling on washing this dead body after it was not possible to wash some or all of the body, and clarifying the consequences of that, including the extent of the impact of not washing the dead, or washing some of them without some -because it was not possible to wash it, or the ence of some of the body-; On the legality of praying for him? And the rule of redressing the washing of the dead after praying for him, or after his burial.

The research was divided into an introduction, a preliminary requirement, and two sections, the first topic: the inability to perform the washing of the dead, which includes three demands, and the second topic: the effects of the inability to perform the washing of the dead, which includes two demands, then the conclusion of the research, which included the results of the research, and its recommendations.

The researcher was keen to take into account the consideration of the legal texts that relate to the topic of the research field, taking into account the legal purposes and the established rules; To come out with a disciplined jurisprudential treatment of how to deal with some of the funeral provisions, which are the provisions related to the inability to perform the right of the dead to wash him in exceptional emergency circumstances, while implementing the right of the dead whenever possible; A balanced view between the right of the dead and the right of the living.