SHAH ALAM, 3 Apr: The Selangor Mufti, Datuk Setia Mohd Tamyes Abd Wahid, said that the Solat Ghaib (Unseen Prayer) for the passengers of the missing MH370 aircraft will not be carried out as long as the search is still in progress.
He said that when the search efforts stop, the Government must declare it and hand over the case to the court.
MH370 has been reported missing since 8 March and its search operation is still in progress.
“Because the search is still in progress, the Solat Ghaib cannot be carried out until the bodies are found, regardless if they are in perfect condition or not,” he said when contacted by Selangor Kini.
He said that the conformation of death needs to be done and determined in advance before the Syariah Court or the civil court decided to dissolution marriages, divide property and other matters involving families or beneficiaries.
For those who are Muslim, their family or beneficiaries can make claims at the Syariah Court, while for non-Muslims, they can claim it at civil courts.
“Let the court decide because the court has expertise and the right to declare and carry out division of property claims or claims for dissolution of marriage,” he said.
Previously, the National Fatwa Council Special Committee Meeting set that the Solat Jenazah Ghaib for the passengers and crew members for flight MH370 does not need to be done now.
Its Chairman, Prof Emeritus Tan Sri Dr Abd Shukor Husin, said that the members of the committee unanimously agreed and resolved that all the crew members and passengers of MH370 have been categorised as missing persons and will be considered dead after the search effort is completed by the authorities.
The decision was made after discussing and reviewing the opinions of scholars and experts on the subject after a two-hour exchange of views session.
Abdul Shukor said that if rescuers find unidentifiable body parts, the pieces must be collected and washed like in an Islamic funeral because the body cannot be fully identified.
