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Al-Mahmood Q&A #1
November 1998

Q: Is it permissible to use a credit card facility?
A: Yes, it is permissible to use a credit card facility. However, a credit card holder should ensure that deposits are made on time to avoid paying interest.

Q: Are contraceptions permissible?
A: All forms of reversible contraception (e.g. condoms, IUD, etc.) are permissible on condition that it is not used out of fear of poverty and also that it is consentual between husband and wife.

Hadhrat Abu Saéed Khudhry (RA) reports that one person asked Rasulullah (Sallallaahu Álayhi Wasallam) about Azal (Coitus Interruptus). Rasulullah (Sallallaahu Álayhi Wasallam) replied, ‘When Allah Taãla intends creating a child, nothing can stop him.’ (Mishkãt pg. 275; Qadeemi)

Q: I have supplied imported goods to a  customer and fixed a price in rands to be paid within two weeks. The price was determined according to the dollar rate which was relatively lower. Two weeks passed by and my customer did not yet pay me. In the interim, the value of the rand dropped sharply. Considering the fact that I have to pay my supplier in dollars, if my customer still pays me only the agreed price I will suffer a loss. Hence, can I extend the period of paying and change the price? If I cannot, what is the alternative?
A: Since you and your customer have agreed on a certain price, you cannot give him more time and change the price.

However, you may request a dissolution in the transaction and if he agrees, you may enter into a new agreement. In future, you may sell the goods at a higher price and offer a discount if paid sooner.

Q: Is Euthanasia permissible or not?
A: Active euthanasia where patients may end their lives by, for example, lethal injection is not permissible under any circumstances.

Passive euthanasia where patients may withhold treatment or artificial life-support is only permissible if a trustworthy specialist feels that there is no hope of survival. (Bahas-o-Nazar; Fiqh Academy, India)

Q: Is it permissible to hand trophies as gifts to children in Madrasah?
A: Handing trophies to children is a Kuffaar way of celebrating progress which should be totally abandoned.

Q: Can one perform any Salaat or Fardh Salaat after Asr Salaat?
A: It is not permissible to perform any Nafil Salaat after Asr Fardh Salaat. However, Qadhaa Salaat may be performed after Ásr Salaat as long as the sun is still shining brightly. (Shaami vol. 1 pg. 274; Maajidiyya)

Q: Can one use toothpaste to brush the teeth while in Ihraam?
A: No, it is not permissible to use toothpaste in the state of Ihraam. (Hashia Tahtawi; Durr-e-Mukhtaar vol. 1 pg. 493)

Q: Can a woman use medicine to stop menstruation if she wants to go to the Masjid-ul-Haram or Masjid-un-Nabawwi?
A: The woman should wait for her menstruation to stop and thereafter go to the Masjid. However, if due to circumstances that cannot be avoided, she may use the medication.

Q: Can she use the same medicine during Ramadhaan at her home so she can complete all of her fasts during the auspicious month of Ramadhaan?
A: A menstruating woman cannot fast. She can make up for the fast at some other time. She should not interfere with her natural cycle. However, if she does take the medication and fast, her fast will be valid.

Q: One of my dearest and nearest acquaintances has won a lottery. Due to some legalities they cannot cash in on it. Can I obtain the cash for them and accept some cash as a gift?
A: The lottery won by your friend is through gambling, hence Haraam. It is not permissible to use the money or for you to cash it. Allah Ta’ala says, ‘...And do not assist in sin and oppression ...’ (Maaidah)

Q: I have informed many of my family members to practise the Hijaab but they do not listen. What should I do?
A: There are two aspects here:

One is I’elaam (to inform) and the other is I’emaal (to make others practice). Informing is merely a means of making others practice. The purpose (to make others practice) should be placed first and then wisdom should be applied in trying to achieve the purpose.

Q: What is the waiting period for a divorcee whose husband had given her one Talaaq-e-Rajée(revocable) divorce and passed away before the Iddat of divorce terminated? Will she inherit from his Estate?
A: The waiting period for a divorcee will be changed to the Iddat of death i.e. four months and ten days. She will inherit from his Estate. (Ibid)

Q: A person took a vehicle for a test-drive from a dealer (with no intention to purchase). He was involved in a small accident with the vehicle. By law, he was at fault. The dealer’s insurance company claims from the person, the claim comes one year later. Is this according to Shari’ah a debt on his head? How will this, if at all, affect his Zakaat?
A: Since the person had no intention to purchase the vehicle, he has transgressed by taking it under the pretext of purchasing the vehicle. Therefore, a claim against him is legitimate according to Shariáh. Since this is a liability upon him, he does not have to pay Zakaat on the amount.

Q: Is it a sin to conceal one’s actual income to the government to avoid paying exorbitant taxes?
A: It is not a sin to conceal your proper income. However, one must avoid all such actions which bring disgrace upon one. Rasulullah (Sallallaahu Álayhi Wasallam) said, ‘It is not proper for a believer to disgrace himself.’ (Tirmidhi)

Q: Are Islamic laws applicable in a non- Muslim country?
A: If the internal and external affairs of a country are run by a non-Muslim government, and the government has not appointed a Muslim leader or judge for its Muslim subjects, then it is incumbent upon the Muslims of that country to appoint a leader for themselves if they are free to practice Islam in that country. However till they do not unanimously decide on a leader, it is permissible for them to appoint a Muslim judge (or body), with whom the people are pleased, to handle their affairs according to Shariáh. (Iezaahun-nawaadir, p. 120)

Q: What is Akbari Hajj (Big Hajj)?
A: Akbari Hajj refers to every normal Hajj. It is called Akbari Hajj (big Hajj) to distinguish it from Umra which is called Hajj-e-Asghar (small Hajj). However, if the day of Arafaat is a Friday, the reward for such a Hajj is 70 times more. (Darse Tirmidhi vol. 3 pg. 245).

Q: There is a cash price and credit price for an item. The credit price is more. Is this permissible?
A: If the credit price is fixed it will be regarded as the full amount, the cash price would be a discount provided that one price is fixed at the time of the transaction, the sale will be valid.

Q: Do children born out of wedlock inherit from their parents’ Estate?
A: No, children born out of wedlock do not inherit as heirs. However, the ‘parents’ may bequeath a portion for them from 1/3 of the Estate.

Q: In which row is it preferable to stand in Janaaza Salaat?
A: It is preferable to stand in the last row for Janaaza Salaat. This displays one’s humility which is conducive to the acceptance of his intercession for the forgiveness of the deceased. (Fataawa Mahmoodiya vol. 6 pg. 474; Majidiyya)

Q: What is the waiting period (Iddat) for a widow?
A: Allah Taãla says, ‘And those men who pass away among you and leave widows, they (widows) must wait for four months and 10 days.’ (Baqarah). However, if the widow is pregnant, her Iddat will be till birth. (Shaami vol. 2 pg. 655; Majidiyya)

Q: What is the Iddat (waiting period) for a divorcee whose husband had given his wife 3 Talaaqs or Talaaq Baain (irrevocable)? Will she inherit from his Estate?
A: She will have to complete the Iddat of divorce only. She does not have to observe the Iddat of death. She will not inherit from his Estate. (Ibid pg. 656)

Q: What is Talaaq-e-Baain and what are its implications?
A: Talaaq-e-Baain is when the husband pronounces divorce with ambiguous words with the intention of divorcing his wife, for example, ‘Get out of the house’ or ‘I do not want you anymore’. The Nikah terminates and a re-performance of Nikah is necessary. (Ibid pg. 501)

Q: What is Talaaq-e-Rajée (revocable) and what are its implications?
A: Talaaq-e-Rajee is when the husband pronounces one or two divorces with words expressly meaning divorce, for example, ‘I divorce you’ or ‘I give you Talaaq’. However, the husband can revoke the divorce before the expiry of the Iddat verbally by saying, ‘I take you back as wife’ or physically by being intimate. (Ibid pg. 465)

Q: Is it permissible to breast-feed while pregnant?
A: Yes, it is permissible.

Q: Is ‘Yoga’ as a fitness programme permissible?
Yoga, according to the World Book lexicon is, ‘A system of Hindu religious philosophy that requires intense mental and physical discipline as a means of attaining union with the universal spirit.’ (World Book p. 2421). Hence even though Yoga is used only as a fitness programme, it is not permissible due to its close links with the Hindu religion.

 

 

 

 

 

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