Scholars' opinions regarding Talqin to the dead

Q 3: I know that Talqin to the dead (standing by their grave in an attempt to remind them to say: “La ilaha illa Allah”) is not permissible. However, a great number of scholars in our country permit doing so. They cite Al-Shafi`y Madh-hab (School of Jurisprudence) as evidence. I referred to the book "Nayl Al-Awtar" by Al-Shawkany who remained silent concerning this matter without any comment except his saying that this saying was regarded as permissible by some of the Shafi`iyah. What is the solution for this case?

A: The soundest opinion according to scholars is that Talqin to the dead is not permissible. (Part No. 8; Page No. 339) Moreover, it is a Bid`ah (innovation in religion) and every Bid`ah is a misguidance. What is reported by Al-Tabarany in his book called "Al-Kabir" on the authority of Sa`id ibn `Abdullah Al-Awdy from Abu Umamah (may Allah be pleased with him) concerning Talqin to the dead after burying him is also mentioned by Al-Haythamy in the second and third volume of Majma` Al-Zawa'id. Al-Haythamy said: "There are a group of transmitters in the chain of transmission of this Hadith whom I do not know". Therefore, we cannot cite this Hadith as evidence for the permissibility of this behavior. Doing so is a rejected Bid`ah. The Prophet (peace be upon him) said: Anyone who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected. The Madh-hab of any of the Imams such as Al-Shafi`y is not to be considered as evidence for proving legal rulings. What is deemed as evidence is the Qur'an, the Sunnah of the Messenger of Allah (peace be upon him) and Ijma` (consensus) of the Muslim Ummah (nation). There are no authentic narrations in favor of Talqin to the dead. Therefore, it is not permissible to do so.However, urging someone dying to say: “La ilaha illa Allah” by making him repeat it after a person who says it is permissible. It is permissible to do so in order that the last words the dying person utters is La ilaha illa Allah. The Prophet (peace be upon him) said this to his uncle Abu Talib. But he refused to say it. The last words that were said by Abu Talib were: "I am believing in the religion of `Abdul-Muttalib." May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.