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Q: I have a
R200,000 bond on my house which will be paid over 10
years at R20,000.00 per year. When calculating my Zakaat
do I regard the entire R200,000.00 as a liability? In
this case, I will not pay Zakaat for many years.
Alternatively, should I calculate only the liability of
one year (R20,000.00)?
A: Only the amount due for
one year i.e. R20,000.00 will be regarded as a
liability. (Shami vol. 3 pg. 177; Lebanon)
At the same time, we
should remember that it is Haraam to enter into any
transaction which involves interest.
Q: How long can a
married person stay away from his wife?
A: A married person may
stay away from his wife for whatever period that was
mutually agreed upon. However, if the wife is not happy
regarding the husband staying away, then the husband
should meet his wife at least once every four months. (Fataawa
Nizamiya vol. 1 pg. 250)
Q: What is the ruling
concerning Muslims who consume the edibles of the
mushrikeen, especially those presented during Diwali and
Christmas?
A: While it is permissible
to accept gifts from non-Muslims, extreme precaution
should be taken about consuming Haraam. For example,
during the festival of Diwali, eatables are generally
prayed upon; to consume such food is totally Haraam.
Therefore, as a matter of precaution all food presented
to one by non-Muslims during their festivals should not
be consumed. It is also not permissible to participate
in their functions and festivals. (Fataawa Abdul Hai pg.
482)
Q: My father passed
away many years ago. He left behind a business and
several other assets and investments. Over the years no
Zakaat was paid from the Estate. How must the Zakaat now
be calculated?
A: The Estate should be
wound up as quick as possible. To delay in winding the
Estate is a sin.
Every heir is the
owner of his respective share. Therefore, he should
calculate the Zakaat on his own share only.
Q: Is it permissible
to exchange/sell rands for dollars and vice versa? What
are the conditions, if any?
A: Yes, it is permissible
to exchange/sell rands for dollars and vice versa if the
price is fixed. At least one of the two currencies (rands
or dollars) respectively should be taken possession of
immediately. (Iezaahun Nawaadir pg. 119)
Q: How should one
calculate Zakaat on investments?
A: If the company buys and
sells merchandise, Zakaat will be calculated on the
capital investment as well as on the dividends. If the
company does not buy and sell but only leases out
properties, Zakaat will only be calculated on the
dividends earned, not on the capital amount. (Fatawa
Rahimiya vol 2 pg.14)
Q: What is the ruling
for a person who commenced fasting in the morning but
broke the fast without any valid Sharée reason?
A: Such a person will have
to make Qadhaa (make-up) for the missed fast as well as
give Kaffarah (compensation) for breaking the fast.
Kaffaarah
(compensation) for breaking the fast is to free a slave.
If that is not possible then one must fast for two
months (60 days) in succession. If that is also not
possible then one must feed 60 poor people. (Shaami vol.
3 pg. 390; Lebanon)
Q: Does taking an
injection nullify the fast?
A: No, an injection does
not nullify the fast.
Q: What is the ruling
of a Muslim adult who does not fast in Ramadaan without
any valid Sharée reason and eats in public?
A: Fasting is a salient
feature of Islam. To openly eat during Ramadaan is a
major sin. In an Islamic country the ruler will order
for such a person to be imprisoned or punished. (Ahsanul
Fataawa vol. 1 pg. 37)
Q: A female starts
menstruating while fasting. How should she conduct
herself? What if she stops menstruating during fasting?
A: If her menses commenced
while fasting, she can eat (not in public). If her
menses stopped while fasting, she should abstain from
eating, drinking, etc. but (in both instances) make up
for the day by keeping a Qadhaa fast after Ramadhaan. (Aalamgiri
vol. 1 pg. 214; Rashidiyya)
Q: Apart from the
practice of the Sahaaba (Radhiallaahu Ánhum) performing
20 Rakaats Taraweeh, is there any confirmation of 20
Rakaats from the practice of Rasulullah (Sallallaahu Álayhi
Wasallam) himself?
A: Yes, Ibn Ábbaas (Radhiallaahu
Ánhu) narrates that Rasulullah (Sallallaahu Álayhi
Wasallam) used to perform 20 Rakaats in Ramadaan
besides Witr. (Al-Musannaf ibn Abi Shayba vol. 2 pg.
164; Darul Taj)
Q: Kindly explain what
is I’tikaaf?
A: I’tikaaf means to go
into seclusion.
I’tikaaf in the last
ten days of Ramadaan is an emphasised Sunnah of
Rasulullah (Sallallaahu Alayhi Wasallam). If
nobody in the town sits for I’tikaaf, all the people
of the town will be sinful.
Q: What is the area of
shaving the pubic hair for a male and female?
A: The area immediately
under the navel is not to be shaven.
The area of shaving
for a person (male / female) is above and around the
private parts. If possible, it is commendable to shave
around the hind private parts as well. (Al-Kaamil,
commentary of Muslim; Imaam Nawawi vol. 1 pg. 128).
Q: Is it permissible
to pay collectors of a Muslim organisation using the
‘commission on the funds collected’ technique?
Please explain.
A: Commission on funds is
permissible only from Lillah monies if the percentage is
stipulated. Zakaat monies cannot be used to pay the
commission. However, due to various complaints from
different organisations about renumerating in the form
of commission, we discourage that procedure. A set
salary should be stipulated for the collector.
However, since this
procedure also has its negative factors, it is suggested
that a basic salary of e.g. R2000.00 be stipulated and
the remaining renumeration be stipulated according to an
amount collected. For example, the collector be paid a
R1,000.00 for every R10,000.00 of which R8,000.00 should
be Lillah and the maximum wage, for example R4,000.00 be
stipulated. If the collector does not collect the
targeted amount of R10,000.00 he should be paid in
proportion to whatever amount he has collected. The
renumeration shall not exceed that amount, irrespective
of the surplus amounts collected. A separate agreement
be made for the vehicle, petrol, wear and tear expenses
in a way that is fair but does not lead to abuse of
funds collected.
Q: What is your
opinion on the suicide bombers in Palestine?
A: If a community is
oppressed and denied its basic human rights, it is
permissible for them to fight against the oppressors and
free themselves from such oppression. It is permissible
for them to engage in Jihaad - risking their lives in
the hope of saving themselves from oppression.
The people of
Palestine are the most oppressed people and live in
constant fear by the rule of the Jewish oppressors.
Their extreme frustration and hardships have led them to
behave likewise - to resort to suicide bombings.
Assuming the suicide bombing is evil but this evil is
opposed by a greater evil for which there is no adequate
substitute, therefore, their act will also be justified
as lesser of the two evils in terms of the Shari’ah.
Q: Can a female make
Itikaaf in her house?
A: Yes, she may make
I’tikaaf in her special place reserved for Salaat. If
she does not have such a place, she may reserve a place
and make I’tikaaf.
Q: A man gave his wife
one Talaaq-e-Rajée (revocable Talaaq). Upon the expiry
of the Iddat he issued another Talaaq-e-Rajée. Is the
second Talaaq valid?
A: Upon the expiry of
Iddat she is no more his wife. The second Talaaq is not
valid. (Shaami vol. 4 pg. 540; Lebanon)
Q: When one or two
Rakaats are missed of a four Rakaat Fard Salaat (behind
an Imaam), how does one complete the missed Rakaat(s) -
after Salaam? Do I have to read Surah Fatiha and another
Surah or only Surah Fatiha?
A: 1 RAKAAT MISSED; The
Muqtadi must recite Surah Faatiha and a Surah.
2 RAKAATS MISSED; The
Muqtadi must recite in both Rakaats Surah Faatiha and a
Surah.
3 RAKAATS MISSED; In
the first Rakaat, the Muqtadi must recite Surah Faatiha
and a Surah and then sit for Tashahhud. After Tashahhud,
he must stand up for the second missed Rakaat and recite
Surah Faatiha and a Surah. In the third missed Rakaat,
he must recite Surah Faatiha only.
4 RAKAATS MISSED; In
the first two Rakaats recite Surah Faatiha and a Surah.
In the second two Rakaats recite only Surah Faatiha. (Shaami
vol 2 pg. 346; Lebonon)
Q: Can Muslims
donate/transfuse blood?
A: It is permissible to
donate and transfuse blood if:
a) There is a
desperate need to donate blood; b) There is no other
alternative; and c) This has been prescribed by an
expert medical practitioner.
This permissibility is
based on the principal of ‘necessity relaxes
prohibition’. (Al-Ashbaah).
However, the
permissibility of blood donation and blood transfusion
is determined by the following conditions:
a) The donor
willingly donates his blood. If he is compelled to do
so, it will not be permissible; b) There is no danger
to his (the donor’s) life or health; c) If the
doctor feels that the patient will lose his life and
there is no other alternative but recourse of blood
transfusion; and d) There is no fear of death but the
recovery is not possible without blood transfusion.
It is not permissible
to sell one’s blood or to pay the blood donor.
However, if one is in need of blood desperately and the
only means to obtain the blood is to purchase it, then
only will it be permissible to pay for the blood.
NB. Blood donation and blood
transfusion is not permissible for the sake of
beautification or for any other reason other than
genuine necessity.
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