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Q:
Kindly explain what is Takbeer-e-Tashreeq and when should it be
recited.
A: Takbeer Tashreeq is the recitation of
Allahu Akbar Allaahu Akbar, Laa ilaaha illa-llaahu Wallaahu Akbar,
Allaahu Akbar walillaahil hamd after every Fardh Salaat commencing
from Fajr of the 9th of Dhul Hijjah till after Asr of the 13th of Dhul
Hijjah. (Shaami vol. 1 pg. 620; Kuwait)
When Ibrahim
(ÁS) began moving the knife on his beloved son, Ismaaeel (ÁS),
the angels sent by Allah with a ram from Jannah exclaimed, ‘Allaahu
Akbar, Allaahu Akbar’ (Allah is the Greatest, Allah is the Greatest).
Ibraahim (ÁS) heard the voice of the angels and replied, ‘Laa
ilaaha illa-llaahu Wallaahu Akbar’ (There is no god but Allah, and
Allah is the Greatest). His son Ismaaeel (ÁS) heard this
conversation and understood that Allah had relieved him from this
great trial, thus he replied, ‘Allaahu Akbar Walillaahil hamd’ (Allah
is the Greatest, and to Allah belongs all praise) (Ibid).
Q:
Is Takbeer-e-Tashreeq compulsory upon a female or a Musafir who did
not perform Salaat with congregation?
A: Yes, Takbeer Tashreeq is compulsory
upon all of the above. (Ibid).
Q:Upon whom is Qurbani (sacrificing an animal) compulsory?
A: Sacrificing an animal is compulsory
upon every adult and sane Muslim who possesses minimum Zakaatable
wealth (Nisaab) on the 10th of Dhul Hijjah.
It is not necessary to have
the wealth for one year as in the case of Zakaat. (Shaami vol. 6 pg.
312; HM Saeed)
Q:
Is Qurbani compulsory upon a minor who is wealthy?
A: No, Qurbani is not compulsory upon a
minor who is wealthy. (Shaami vol. 6 pg. 316; HM Saeed)
Q:
When does the time for sacrifice commence and terminate?
A: The time for sacrifice commences
after the Eid Salaat on the 10th of Dhul Hijjah and terminates upon
the setting of the sun on the 12th of Dhul Hijjah. Sacrifice before
the Eid Salaat is not valid in an area where Juma and Eid Salaats can
be performed e.g. city, town, etc.
In an area
where Juma and Eid Salaats cannot be performed according to Shariáh,
for example, a little village, then the sacrifice can be performed
immediately after Subuh Sadiq (true dawn). (Sham vol.5 pg.221; Kuwait)
Q:
Which parts of the animal are prohibited to consume?
A: Seven parts of the animal are
prohibited to consume: a) male genitals, b) female genitals, c)
testicles, d) the bladder, e) gall bladder, f) glands, g) spinal
marrow. (Ahsanul Fataawa vol. 7 pg. 406)
Q:
If a person did not perform his compulsory Qurbani for the past 3
years, what should he do?
A: He should calculate the present value
of an average sheep or 1/7 share of a cow and give the money in
charity. (Ahsanul Fatawa vol. 7 pg. 533)
Q:
Is it permissible to sacrifice an animal and pass the reward to a
deceased relative?
A: There are two aspects: 1) to make a
voluntary sacrifice on behalf of any person e.g. Rasulullah (Sallallaahu
Alayhi Wasallam), a relative, etc. This is permissible, the person
will get the reward of the sacrifice. However, one must discharge his
obligation of sacrifice separately. The sacrifice on behalf of any
other person will not suffice for one’s own obligatory sacrifice.
2) To make
one’s compulsory sacrifice and thereafter make an intention of giving
the reward to the deceased. In such a case, the compulsory sacrifice
of the person will be discharged.
Q:
Is it prohibited to cut one’s hair in the first ten days of Dhul
Hijjah?
A: It is Mustahabb (commendable) for a
person making Qurbaani not to cut the hair and finger nails from the
1st of Zul Hijjah until after slaughtering the Qurbaani animal. To
observe this Mustahabb act is greatly rewarding. Rasulullah (Sallallaahu
Álayhi Wasallam) said ‘In lieu of every limb and part of the
animal, the person’s limbs and parts of his body will be freed from
Jahannam (Abu Dawood). Therefore, a person should try as much as
possible to leave his hair and nails uncut in these ten days so that
they may be freed in lieu of the nails and hair of the sacrificed
animals. However, if the hair under the arms and in the pubic region
is very long (which renders the Salaat Makrooh i.e. more than forty
days), then it will become compulsory to remove such hair. However, if
a person forgets to clip the nails before the 1st of Dhul Hijjah and
the nails have grown so long that they may cause injury, then he may
clip them.
Q:
Can Haraam meat be given to cats and dogs?
A: No, Haraam meat cannot be given to
cats and dogs.
Q:
Is it permissible to include a share of Walima as well as Aqeeqa in
one cow?
A: Yes, it is permissible. (Ahsanul
Fataawa vol. 7 pg. 533)
Q:
Is it permissible to fast on the day of Arafat?
A: Yes, it is permissible. Rasulullah (Sallallaahu
Álayhi Wasallam) said, ‘The fast on the day of Arafat is an
atonement for the sins of the past and following year’. (Sahih Muslim;
Hadith 1977). However, for those who are on a journey, such as Hajj,
etc. and cannot fast due to physical weakness should not fast. (Hidaaya
vol. 1)
Q:
Is it permissible to make Du’a after the Eid Salaat before the Khutbah?
A: Yes, it is permissible (Fataawa
Mahmoodiya vol. 16 pg. 540)
Q:
What is the ruling on the income obtained from selling Haraam meat?
A: Income from selling Haraam meat is
Haraam.
Q:
Can a person performing Tamattu Hajj perform his Umra first and
thereafter go to Madina Munawwarah?
A: It is ideal for a person performing Tamattu Hajj to first go to
Madinah Munawwarah and thereafter come to Makkah Mukarramah and
perform Umrah. However, if the person for any reason decided to go to
Makkah first and perform Umrah, his Tamattu Hajj is valid. (Fataawa
Rahimiyya vol. 6 pg. 394)
Q:
I am a traveller and stayed at one place in Durban for 20 days.
Thereafter, I travelled to Empangeni and returned to Durban at the
same place for only two days. Must I make Qasr in the remaining two
days in Durban?
A: By undertaking a journey of 88 kms.
(48 Sharée miles) or more from the place you were stationed at in
Durban, your stay in Durban was then cancelled. Thus upon your return
you are a Musaafir and have to perform Qasr (2 Rakaats in Dhuhr, Asr
and Esha).
Q:
I live in Durban with my family and go to Empangeni for business.
During the weekends, I return to Durban. I also have a house in
Empangeni. Presently, I do not intend residing there. Am I a Musaafir
in Durban and Empangeni and do the concessions of a Musaafir apply to
me in both places?
A: If you intend staying in Durban
permanently then while in Durban you are not a Musaafir. You will have
to complete your Salaat. If you have intention of returning from
Empangeni before 15 days, you will be a Musaafir there. You will have
to make Qasr (perform two Rakaats) in Dhuhr, Asr and Esha Salaats.
Witr will also have to be performed when you are a Musaafir.
Q:
What is the ruling of a person who humiliates an Aalim of Shariáh?
A: If the person humiliates an Aalim
because of his views based upon his knowledge of the Qurăn and Hadith,
such a person loses his Imaan. If he is a married person his Nikaah
terminates. If he fathers a child before renewing his Imaan and
reperforming his Nikah, the child will be illegitimate. (Fatawa
Mahmodiya vol.6 pg. 119)
Q:
What does the Shariáh say with regard to dying hair? Is it permissible
to dye one’s hair?
A: Pure black dye is not
permissible. Rasulullah (Sallallaahu Álayhi Wasallam) said,
"There will be people who will come later (in my Ummah) and apply
black dye. They will not even smell the fragrance of paradise." (Abu
Daawood). However, it is permissible for a Mujaahid (warrior) to apply
black dye in order to give the impression of being young. (Jawahirul
Fiqh vol2 pg421)
To dye the
hair any other colour besides black e.g. Mehndi or Katm (type of
grass) is permissible. This was the practice of Rasulullah (Sallallaahu
Álayhi Wasallam) and the Sahaaba (Radhiyallaahu Ánhum). (Jawahirul
Fiqh vol2 pg421)
Q: A
couple are married according to Islamic rites. They own two cars, one
of which was brought into the marriage while the other was purchased
during the time of marriage. They also own a house which was purchased
during marriage.
They are now in the process of divorce. How are the assets to de
divided? What is the position with regard to maintenance?
A: According to Shari’ah, any person
(husband/wife, etc) is the sole owner of his/her assets. The marriage
or divorce does not affect the sole ownership of the assets. The two
cars and house belong to the sole owner, be it the husband or the
wife. However, if the assets were in partnership, each partner would
take his/her respective share.
A divorcee is
entitled to maintenance upto expiry of the Iddat, if she is not guilty
(according to Shari’ah) of the marriage breakdown. If she is guilty
then she is not entitled to maintenance even during Iddat. The father
of the children is solely responsible for his children. Thus, he will
have to support them even though they are not in his custody.
Q:
Is is true that during an eclipse, a pregnant woman should not handle
a knife or any other sharp instrument, otherwise the child will be
affected?
A: No, this has no basis in Shari’ah.
Q:
Kindly explain the Shar’ee procedure of employing an Imaam.
A: Basically the trustees and Imaam
enter into a contract of Ijaarah (hiring) and the contractual
agreement is binding on both parties.
As such, the duties and
remuneration should be specified, thus leaving no such ambiguity which
may lead to any confusion in future. Any ambiguity in the contract
will render the contract invalid. Apart from the contractual
agreement, the responsibility of the Imaam is to dedicate himself to
serve the community and bring about an Islamic awareness and
reformation. In order for the Imaam to successfully interact with his
congregation, the Trustees must honour and respect the Imaam.
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