Discussing the burial of a deceased, Allama Haskafi رضی اللہ تعالٰی عنہ writes, "Transferrin the deceased before burial, announcing the janaazah a eulogy (marsiya} to the deceased in poetry or another form is permissible. ­Durre-Mukhtaar

Allama Shaamiرضی اللہ تعالٰی عنہ writes in this extract's explanation, "It is permissible for some people to inform others so that they may fulfill the rights of the deceased. Some have regarded this to be Makrooh (i.e. to announce the janaazah on pathways and roads of the marketplace). The correct ruling is that this is correct and that this kind of announcing is not Makrooh, provided the deceased is not praised exaggeratedly." 24.30 - Raddul-Muhtaar

When proclaiming the name of the deceased or reciting his eulogy to announce the janaazah is permitted, why does reciting Naath Sharif and Kalima Tayyiba, also with the intention of announcing the janaazah, become Haraam? The latter is only an announcement of janaazah combined with the praise of the Holy Prophetصلی اللہ علیہ وسلم We know from this that the loudness prohibited by the Jurists is that Zikr which has no benefit. If there is a specific benefit in it, it is permissible. This is why Allama Shaami رضی اللہ تعالٰی عنہ quotes the following from the book Taa'taar Khaaniya while discussing this very topic, "However, concerning raising voices near janaazahs, there is a possibility that lamenting and wailing (nauha) is what is meant by it, or making dua for the deceased after the namaaz has started, or exaggeratedly praising the deceased as was the habit of the people during the Period of Iorance. On the other hand, the action of praising the deceased is not Makrooh." 4.31 - Raddul-Muhtaar

In short, to raise voices without there being any attainable benefit is prohibited, but making beneficial Zikr is undoubtedly permissible. Its benefits in the present times have already been discussed.

Fourthly, it is the learned that are especially prohibited from making this Zikr. If the general Muslim public does it, they shouldn't be stopped from doing so. The Jurists state that the public shouldn't be stopped from making Zikr because they have no inclination towards it in the first place. So, they should be allowed to make whatever Zikr they do. Durre-Mukhtaar states, "Takbeer shouldn't be said on the path of the Eid-gaah, and Nafl Salaah must not be read at the Eid-gaah before and after the Eid Salaah. This is because the general body of Fuqahaa deems this to be Makrooh." 24.32 Baabu Sakuuil-Eidain

He further states, "This ruling is for the specific (learned). The general Muslim public shouldn't be stopped from these actions - not from saying Takbeer nor from reading Nafl Salaah - because their inclination towards good deeds is less." 24.13-lbid

Allama Shaami رضی اللہ تعالٰی عنہ writes under this, "They must not be stopped from making Takbeer, irrespective of whether it is loud or soft." 24.34 -Raddul-Muhtaar 1,

Also, in the discussion of loud Zikr, I have already narrated that once, Irnam-e­Azam Abu Hanifa رضی اللہ تعالٰی عنہ was asked, "Should we stop people from making Takbeers loudly in the marketplace?" He answered, "No." - Shaami, Baabul-Eidain

From all of these extracts, it is proven that on some occasions, the khawaas (specific people, i.e. the learned) are stopped from making a particular Zikr, but there is no ruling of stopping the masses from it. This is the reason why the Fuqahaa have said that Zikr shouldn't be made loudly with the janaazah. They did not say that those who make it should be stopped.

The summary of this answer is as follows,

1. This prohibition is modeled as Makrooh-e-Tanzeehi.

2. It was for the former times. In the present day, the ruling has changed because the circumstances behind them have also changed.

3. The Zikr announces the janaazah, and this has some benefit in it. Thus, it is allowed.

4. This ruling is for the specified (khawaas) exclusively. If the general body of Muslims make the Zikr of Allahعزوجل, they shouldn't be stopped from doing so.

OBJECTION 2: To make zikr loudly in front of the janaazah is likeness to Hindus when they scream "Raam is true!" You also make a noise. Likeness to the Kuffaar is impermissible, and so is this Zikr prohibited.

Answer - The Kuffar scream out the names of idols and we make the Zikr of Allahعزوجل. Where is the likeness between us? The Kuffaar sacrifice animals on the names of idols and we sacrifice animals on the name of Allahعزوجل. They go to the Ganges and bring water from it and we go to Makkah and bring back water from the wen of Zum-Zum. Is this counted as similarity with them? Also, to have a likeness in that which has become the religious or cultural recognition of the Kuffaar is what is impermissible, not every action.

OBJECTION 3: To read the Kalima on the roads is disrespectful because there is filth, etc. on them. Thus, this Zikr is prohibited.

Answer - This is baseless. The Fuqahaa have explained that making Zikr while walking on the roads is permissible. Yes, to make loud Zikr in a place which is made for impure things and dirt is prohibited, e.g. the toilet or a dumpsite. Allama Shaami رضی اللہ تعالٰی عنہ writes, "There is nothing wrong in reciting the Holy Quran while walking or riding a horse, provided that the area is not made for impure things (najaasat)." 24.35 - Raddul-Muhtaar, Discussion on Qiraat near the mayyit.

To pass a road with the Quran in hand is permitted, but to take it into the toilet is Haraam and prohibited. Also, on the day of Eidul-Adha, it is a ruling that the Takbeer of Tashreeq should be recited loudly on the way to the Eid-gaah. Durre­Mukhtaar states, "Takbeer should be said loudly on the way to the Eid-gaah." 24.36 - Baabu Salaatil-Eidain

This is the ruling even though there are impure things, etc. on the road. Likewise, the Jurists state that making Tasbeeh and Tahleelloudly is permitted in bathrooms even though there are many-impurities there. Alamghiri states, "To make Tasbeeh loudly in the bathroom is permitted." 24.37 Kitaabul-Karaahiyat, Baabus-Salaah wat-Tasbeeh

OBJECTION 4: To make loud Zikr before a janaazah causes womenfolk in the house and children to become afraid because they remember death and become sick as a result. Therefore, even from a medicinal point of view, !Zikr should be stopped.

Answer - The Holy Quran states, "Hearts gain satisfaction through the Zikr of Allahعزوجل 24.38 - Surah Raad, Verse 28

Muslims attain consolation from Zikr. Yes, the Kuffaar become scared by it. Let them remain so, because Kaafirs become afraid from even the Azaan! So, should the Azaan be stopped because of them? Anyway, where is this "medicinal proof' substantiating your point of view?