Assalamu Aleikum, i just wanted to ask regarding a person dying as a shaheed when he drawns for example....my question is will he be considered as shaheed even if he was not a muslim or a practicing muslim? jazakallah

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

A person who is drowned is considered among the martyrs of the Hereafter; for more benefit on the categories of martyrs, please refer to Fataawa 89756 and 88945. 

The term Shaheed (Martyr) is an Islamic term that is only permissible to be used according to the meaning that is meant by the Sharee’ah, so this term cannot be used for a non-Muslim, because how can a non-Muslim be a Shaheed while he, from a Sharee’ah point of view, is ruled to be eternally in Hellfire and Paradise is forbidden for him.

On the other hand, though a Muslim commits sins, this does not prevent him from being a Shaheed. It is confirmed in a Saheeh [authentic] Hadeeth that the Martyr’s sins are forgiven at the first drop of blood that comes out of his body. [Ahmad and Ibn Maajah] This means that he may be sinful before being martyred.

Nevertheless, some religious texts state that some sins may prevent a Muslim from attaining martyrdom. Abu Ad-Dardaa’ narrated that the Prophet said: “The cursers will not be intercessors or martyrs on the Day of Judgment.” [Muslim] In one of the interpretations of this Hadeeth, it is said that they will not be blessed with martyrdom, which is dying in the Cause of Allaah as stated by An-Nawawi when interpreting this Hadeeth which is reported by Imaam Muslim.

Also, among the sins that prevent martyrdom, is to steal from the war booty before it is divided. Imaam Muslim reported the story of the man who was killed in the battle of Khaybar as people said “so and so person is a Shaheed.” and the Prophet said: "No, indeed, I have seen him in the Fire because of the garment or cloak that he stole (from the booty).”

An-Nawawi said: “Stealing from the war booty before its division prevents one from being called a martyr if he was killed.”

Allaah Knows best.