Question Summary:
I have told him that photos and the tattoo it is haraam let him rest in peace but he saying that it is not. If he is showing the pictures of his brother will his brother get punished in the grave.When I told him the photo are haraam he said “ making pictures and taking pictures big difference. drawing and using a camera you get me not every mullah says taking photos is haraam”

Question Detail:

My question is that this lad passed away he was a millionaire son and was a gangster and his brother has put his photos together and made a slideshow with music in the background and it is written in the video a true legend gone, a video of him and is showing it on youutbe to everyone are watching it . And he has got his back tattooed with his brother name 1985-2008. I have told him that photos and the tattoo it is haraam let him rest in peace but he saying that it is not. If he is showing the pictures of his brother will his brother get punished in the grave. The pictures that he is showing of him is with his girlfriend, family and friends. By doing this they are revelling his sins asweel. Can you please give some hadith and Quran verse saying the photos and tattoos are totally haraam the punishment. . When I told him the photo are haraam he said “ making pictures and taking pictures big difference. drawing and using a camera you get me not every mullah says taking photos is haraam”

Answer :

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh
 
When a person passes away, his sins should be concealed and no ill should be spoken about him. Nabi صلى الله عليه و سلم has said:
حدثنا آدم حدثنا شعبة عن الأعمش عن مجاهد عن عائشة رضي الله عنها قالت  قال النبي صلى الله عليه و سلم  لا تسبوا الأموات فإنهم قد أفضوا إلى ما قدموا
“Don’t speak ill of the dead for indeed they reached what they have put forth.”
(Bukhari p 131 vol.2 باب ينهى من سب الاموات Darul Fikr)
Nabi صلى الله عليه و سلم also said:
عن أبى هريرة عن النبى صلى الله عليه وسلم قال لا يستر عبد عبدا فى الدنيا إلا ستره الله يوم لقيامة
A slave (of Allah) will not conceal the faults of another slave in this world except that Allah will conceal his faults on the day of Qiyaamah.
(Muslim p322 vol.1عليه باب بشارة من ستر الله تعالىRashidiya)
The brother of the deceased has made a music video of his brother and his girlfriend. Having a girlfriend is undoubtedly Haraam. Almighty Allah states in the holy Quran:
ولا تقربوا الزنى إنه كان فاحشة وساء سبيلا
“Don’t go close to a Zina (fornication) for it is indeed immoral and an evil path.” (Quran 32:17)
Hence, he has exposed the fault of his deceased brother.
Similarly, tattoos are also Haraam. Abu Juhaifa رضي الله عنه narrates the following Hadith from Nabi صلى الله عليه و سلم:
قال أخبرني عون بن أبي جحيفة قال رأيت أبي اشترى حجاما فأمر بمحاجمه فكسرت فسألته عن ذلك قال إن رسول الله صلى الله عليه و سلم نهى عن ثمن الدم وثمن الكلب وكسب الأمة ولعن الواشمة والمستوشمة وآكل الربا وموكله ولعن المصور
“Indeed Nabi صلى الله عليه و سلمcursed the tattooist and the tattooed, the consumer of interest and the one who feeds it (to others) and he cursed one who creates pictures.”
(Bukhari p58 باب الثمن الكلبDarul Fikr)
In the video, the brother has exposed the sins of his brother. (i.e Having a girlfriend)
A beloved is not remembered by exposing his sins. If one really loves his deceased relative, he will do anything that will be of benefit to him. For example, make dua and repent for him and give charity on his behalf. Insha Allah the deceased will get the reward of those virtuous deeds.
And Allah knows best
Wassalam
Ml. Zakariyya bin Ahmed,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah