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Q: I advertised my car
for sale. A person wanted to buy the car and paid a
deposit of R500. The car was then kept for him until he
pays the full amount. After a few hours the man returned
and indicated that he does not want the car and wanted
his deposit back. I refused to return the deposit since
I had declined many other offers. I also had incurred
advertising costs. Eventually, I decided to give back
R250. Kindly explain if I was correct in keeping the
remaining R250.
A: Since you accepted a
dissolution in the transaction, the full deposit amount
of R500 had to be returned to him. The advertisement
costs was a risk undertaken by you.
Q: Monies accrued from
the Pension Fund Act (1956), does it form part of the
nett Estate of the deceased? An amount is deducted from
the salary and paid to the fund. The employee has no
claim over the contributed amount.
A: The monies accrued from
the Pension Fund Act (1956) as death benefits is not
subject to the rules of inheritance. The monies will be
distributed according to the rules and principles of the
act.
Q: What does the
Shari’ah say regarding, Unidentified Flying Objects
(UFOs), aliens, etc.?
A: The creation of Allah
Taăla is very vast and beyond our comprehension. In
every time and era scientists have made strange
discoveries of the creation of Allah and they will
continue to do so. However, the research of the
scientists will be exhausted yet they will never be able
to conquer the reality of the creations of Allah, nor
will they be able to discover even a fraction of the
entire creation.
However, the creation
of Allah is a manifestation of the Power of Allah. Allah
invites us to ponder upon His creation and understand
His Power. With regard to aliens and flying objects,
since the reality of these objects are not known, it is
not possible to comment upon them. For our belief, if
there is reality in those objects, it should be seen as
another manifestation of Allah’s Power.
Q: Is there any basis
in Shari’ah about the second Islamic month of Safar,
having bad luck?
A: No, this has no basis
in Shari’ah. Rasulullah (Sallallaahu Alayhi Wasallam)
said, ‘There is no (evil in the month of) Safar. (Mishkat
pg. 391; Saharanpur)
Q: Is it permissible
to take part in the forthcoming SA democratic elections,
by voting or standing as a candidate, etc.?
A: It is permissible to
take part with the following conditions; a) there is no
obtstacle in accomplishing the laws of Islam, b) one is
able to serve the Muslims, and, c) one is able to save
the Muslims from oppression. (Fataawa Mahmoodiya vol.13
pg. 425)
Q: Is the monarchy
system of ruling in Muslim countries according to
Shari’ah?
A: The hereditary nature
of the monarchy system is in conflict with the Islamic
teaching. The appointment of a ruler in Shari’ah is
based on qualifications and not on hereditary claim.
Q: Is it permissible
to consult a non-Muslim for treatment in witchcraft?
A: It is advisable to
consult a pious and upright Muslim. However, as a last
resort, it is permissible to consult a non-Muslim
provided that he does not practice Shirk or any other
un-Islamic act in his treatment.(Fataawa Mahmoodiya
vol.5 pg.158)
Q: Do I make sajda
everytime I hear the Aayat of Sajda from a cassette?
What if I am teaching the Quraan to a child, do I make
sajda everytime we read the Aayat?
A: If a verse of Sajda is
heard on a cassette, it is not compulsory to make Sajdah.
While teaching, if a verse of Sajda is recited
repeatedly in the same sitting, only one Sajda should be
made. However, if one walks away from the place of the
first recitation or moves into a totally different place
e.g. a different room, and the Aayat of Sajda is
repeated then separate Sajda should be made for each
time that the Aayat was recited in a different place. (Aalamgiri
vol. 1 pg. 132; Rashidiyya)
Q: If Arafaat falls on
a Friday, then will the Hujjaaj perform Jumu’ah Salaat
at Arafaat?
A: No, the Hujjaaj will
not perform Jumu’ah Salaat at Arafaat. Instead, they
will perform Dhuhr Salaat. Rasulullah (Sallallaahu
Alayhi Wasallam) performed Dhuhr Salaat on Friday at
Arafaat. (Mishkat pg. 225; Saharanpur)
Q: Is it permissible
to cohabit with the wife whilst she is pregnant?
A: Yes, it is permissible
as long as cohabiting does not harm the child and the
mother.(Fataawa Mahmoodiya vol.5 pg.197)
Q: My mother passed
away without performing some of her Salaat. Can I
perform the Salaat on her behalf?
A: In principle there is
no deputation in physical worship, such as, Salaat.
Hence, it is not correct for you to perform the Qadhaa
Salaats on behalf of your mother. Fidya (monetory
compensation) should be given for the missed Salaats
from within 1/3 of her Estate if she made a bequest of
Fidya. If she did not make a bequest, you should apply
your honest discretion for the number of missed Salaats
and give the money to the poor and needy Muslims as
Fidya for your mother’s missed Salaats. It is hoped
that Allah will accept it on behalf of your mother.
The amount of Fidya
for each Fardh Salaat and Witr is equivalent to the
amount of Sadaqatul Fitr.
Q: Is it permissible
to use crabs as fishing bait?
A: It is permissible only
if the crab is dead. (Fataawa Mahmoodiya Vol. 5, p.
129).
Q: Is it permissible
for a Muslim to participate or follow the burial
proceedings of an influential non-Muslim?
A: It is not permissible
to follow the burial proceedings of any non-Muslim,
whether influential or not, in any manner.
Q: What is the
Shari’ah position on Suicide?
A: Allah Taăla, our
Creator, has granted us life and sent us to this world
to test our submission to Him. During this test various
conditions come upon a person. Allah Taăla says,
"Do people think We will leave them saying ‘we
believe’ and they will not be tested. Verily we have
tested the people in the past so that the truthful are
known and the liars are known." (Ankaboot 2-3).
In another Aayat,
Allah Taăla says, "Verily we will test you with
fear, hunger, and by decrease in wealth, lives and
fruits (crops). Glad tidings for the patient ones who
(at the time of adversities) say, "Verily we belong
to Allah and to Him we return." (Baqarah 155 -
156).
Furthermore, Allah Taăla
has also promised relief after difficulties, He says,
"Verily with every difficulty there is
relief." (Nashrah 6 - 7)
The solution to the
different frustrations in life is not taking one’s
life but to be patient and seek assistance from Allah
directly. One should also ask the pious to make Du’a
for one. Taking one’s life is strictly prohibited.
Such a person will be continuously punished in the
hereafter in the manner he had taken his life. Thus,
escaping from one temporary problem, he places himself
into a permanent problem from where there is no escape.
Life is a trust from
Allah and such a person who breaches the trust of Allah
will be held in contempt even in this world i.e. the
Ulama and leaders of the community should not attend his
Janaaza. The punishment in the Hereafter is more severe.
Q: An executive of an
Islamic institute involves himself in immoral
activities, e.g. dancing, going to pubs, etc. He has
given a say to the Shi’as in the affairs of the
institute, and has also declared them a ‘Madhab’ of
Islam? Does this person qualify for the post? Can he
give lectures/Khutbah and lead the Salaat?
A: The fundamental
requisite for an executive of a Muslim organisation is
to be Ameen (trustworthy). The position is a
trust which is vested in order to direct the
organisation toward promoting and preserving Islamic
values and principles.
Any act perpetrated by
any executive contrary to Islamic values and principles
is a breach of trust. Hence, such a person is not worthy
of this position. As such, declaring Shi’as a Madhab,
associating its members with un-Islamic activities,
dancing, singing, etc. is a breach in trust. Such a
person should be immediately removed and be replaced by
a suitable person.
Q: If a woman has hair
on her face, can she remove it?
A: Yes, she can remove it.
Q: Zaid took my
husband for a drive. Due to his racing and negligence,
he met in an accident and my husband passed away. Is it
permissible for me to sue Zaid and get blood money?
A: The accident that
occurred due to ‘racing’ is a violation of the
traffic laws. Therefore, Zaid is responsible for the
death of your husband.
However, since Zaid
did not intend killing your husband, his negligence will
be categorised as Qatl Khat’a (unintentional
killing) (Buhooth fiy Qadaya fiqhiya Asriya; Mufti Taqi
pg.311).
In a non-Islamic
state, e.g. South Africa, India, etc. Zaid has to pay
the blood money from his own wealth. (Fataawa Darul
Uloom vol.2 pg. 904, Deoband; Raddul Mukhtaar vol.6 pg.
647, Karachi).
In an Islamic state,
the Aaqila (family and associates) will assist in paying
the blood money. The blood money is 100 camels or 10 000
Dirhams or 1000 Dinaars. 1 Dirham is equivalent to 3.06
grams of Silver, 1 Dinaar is equivalent to 4.374 grams
of Gold. The amount may be paid in cash immediately or
over a period of three years. He also has to fast for
two months continuously and repent for his negligence.
Q: What is the ruling
on goodwill money for an empty shop?
A: Goodwill (key money)
for an empty shop is not permissible. However, the
aggregate price of the shop could be increased according
to the goodwill value.
Q: Does the white
discharge in women break Wudhu?
A: Yes, the discharge
breaks the Wudhu.
Q: Is it permissible
for females to cut/trim their hair apart from coming out
of Ihraam?
A: No, it is not
permissible.
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