We can deduce that there is no explicit Hadith of prohibition for this. Thus, it is Makrooh-e-Tanzeehi, and Makrooh-e-Tanzeehi is permissible. Speaking about this very loud Zikr with the janaazah, Imam Sha'raani رضی اللہ تعالٰی عنہ state, “Imam Nawawi رضی اللہ تعالٰی عنہ has preferred that it is not better to speak: while walking with the janaazah." 2.1 - Uhood-e-Mashaaikh

Sharah Muhammadiya رضی اللہ تعالٰی عنہstates, "Performing loud Zikr while walking with janaazah is Makrooh" means that it is contrary to that which is better."

In other words, doing so is not better. In any case, we shall have to accept that those Fuqahaa who have ruled this to be Makrooh mean that it is Makrooh-e- Tanzeehi.

2. This prohibition was for that era. This ruling of it being Makrooh has now changed due to the condition of people being different nowadays, because those who walked with the janaazah in those times used to remain silent and gain reflection through the janaazah. They would also share the sorrow of the bereaved family.

The Shariah wants people to reflect because of the janaazah. Sayyiduna Ali رضی اللہ تعالٰی عنہstates, "When you take a janaazah to the graveyard, you must bare in mind that you will be taken to it one day as well." 24.23

In this condition, saying anything is contrary to the wisdom of the situation because the mind is distracted through speaking and the heart turns its attention elsewhere.

Therefore, the Jurists have said that in this state, silence should be maintained.

Imam Nawawi رضی اللہ تعالٰی عنہ writes, “و الحکمۃ فیہ ظاہرۃ و ھی انہ اسکن لخاطرہ و اجمع لفکرہ فیما یتعلق بالجنازۃ و ھو المطلوب فی ھذا الحال”.- Kitaabul-Azkaar, Baabu Maa Yuqaalal-Maashi rna 'al-Janaazah

The Sahaaba رضی اللہ تعالٰی عنہstate that when they used to go to the graveyard to bury someone and there was a delay in the preparation of the grave, ".. they used to sit silently as if there were birds on their heads." 24.24 - Mishkaat, Baabu Dafnil-Mayyit

When a hunter spreads his net to catch birds, he sits in complete silence in order that the birds do not flyaway because of any noise. The trend of today is that those who walk with the janaazah speak of worldly matters, joke and backbite about Muslims. If they have to remain in the graveyard for a little while, they begin their misbehavior and idle talk. So, to absorb them in the remembrance of Allahعزوجل is better than these vain acts. Thus, this is now preferred (Mustahab), i.e. all people should loudly recite the Kalima, etc. while walking with the janaazah. Rulings change due to the changing of conditions, and the Mufti who keeps himself uninformed about the state of the people of his time is ignorant. Imam Sha'raani رضی اللہ تعالٰی عنہ writes, "The reason why reciting the Quran and making Zikr was not prevalent while walking with the janaazah in previous times is because, when a death used to occur, all those attending the funeral would share the grief and sorrow of it. They shared their sadness to such an extent that it was hard to differentiate between the bereaved family and the others. The people attending the janaazah paid so much attention to death that it was herd for them to even speak. Their mouths were completely sealed. If such people are found us today, we shall not order them to recite the Quran or make Zikr:,24.2 - Uhood-e-Mashaaikh

Subhanallah! What a clear decision! So, are people of such quality found today? Shaikh Uthman Bahairi , رضی اللہ تعالٰی عنہ states in the marginal notes of Sharah Iqtinaa, "To make a noise while carrying the janaazah is Makrooh, irrespective of whether the noise originates from the reciting of the Holy Quran, making Zikrullah or reciting Durood Sharif. This ruling applies to the condition of Muslims in the former times. However, in this age, there is nothing wrong in making Zikr, etc. because loud Zikr is a sign for the deceased, and to omit it is disrespectful to him. Thus, if it is made as an obligation, still too will there be nothing wrong as per the saying of Mudaabiyi.”24.26 - Vol. 2

Imam Sha'raani رضی اللہ تعالٰی عنہ states, "Saying "Laa ilaaha illallaahu Muhammadur­Rasoolullah in front of the janaazah is from amongst those things which the Muslims have invented as a good act. They also say, "On the Day of Qiyaamat, this Kalima is our mediation (waseela) before Allahعزوجل amongst other Zikrs like this. To prohibit this in these times is not necessary because people will engross themselves in worldly chatter if they do not make Zikr, due to their hearts being negligent of death. In fact, I have seen people laughing and joking while with thejanaazah."Z4.27 - Uhood-e-Mashaaikh

The condition of Imam Sha'raani's time, narrated by him in this extract, cannot come close to the deplorable state we are in today. If there is the slightest delay in burial, people naturally fonn their own groups and begin to laugh, joke, chat and make fitna.

The opposition label making Zikrullah with the janaazah to be an Innovation and Haraam yet they do not stop people from speaking, explaining Islamic laws, giving verdicts of kufr and shirk or joking. They don't even demonstrate their dislike towards these actions. The Jurists have ordered absolute silence at this time as per the quoted extract of this objection. For them, making Salaam, speaking, preaching, etc. is all permissible but the Zikr of Allahعزوجل is Haraam! May Allahعزوجل grant them understanding.

Important Note - It can be said, "Islamic rulings don't ever change, so how can this change in ruling apply here?

The answer to this is that there are rulings which change due to the alteration of circumstances surrounding them. Examples of this include taking a wage for performing namaaz, teaching the Quran, etc (which were Haraam in previous times but is permitted today). Likewise, placing sheets on the graves of the Saints is permissible due to the need of today's times, as well as making dua in the month of Ramadaan on the completion of the Holy Quran. Writing the names and the amount of Rukus and Ayats for each Surah was not prevalent in the previous times but, taking into account its benefit to the general public, it has been classified as permissible. Alamghiri states, "There is nothing wrong in writing the amount of Ayats and the names of Surahs. Even though this is an Innovation (Bidat), it is a good one.

There are many things which fall into this category. Similarly, there are many things which change due to the change in times and place." 24.28 - Kitaabul-Karaahiyat, Baabu Aadaabil-Mus'hal

I have already discussed this extensively in chapters preceding this one.

Thirdly, in some places, Naath Sharif is read with the janaazah in the manner that those who listen to it know that a janaazah is passing by. Hence, they leave their homes and attend the Janaazah Salaah. The recital of Naath Sharif thus serves as a notification of this. To announce a janaazah with the intention of having people present themselves in the Janaazah Salaah and help with the burial is permissible.