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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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