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Q: Is the wearing of a
hat (Topi) proven from Hadith? Did Rasulullah (Sallallaahu
Alayhi Wasallam) and the Sahaaba wear the Topi?
A: Abu Kabsha (Radhiallaahu
Ánhu) narrates that the hats of the companions of
Rasulullah (Sallallaahu Alayhi Wasallam) used to
be round and spacious. (Mirqaat vol.8 pg.246)
It is narrated by
Tabrani on the authority of Ibn Umar (Radhiallaahu Ánhuma)
that Rasulullah (Sallallaahu Alayhi Wasallam)
used to wear a white hat. (Ibid)
Hassan Basri (Rahmatullah
Alayhi) states that the people (Sahaaba -
Radhiallaahu Anhum) used to make Sajda (prostrate)
upon their turbans and hats. (Bukhari vol.1
pg.56; Rashidiyya)
Mullah Ali Qari (Rahmatulah
Alayhi) states that the wearing of the hat has
become one of the salient symbols of Islam. (Mirqaat
vol.8 pg.246) It is the only outward and unique
salient feature that distinguishes a Muslim from a
non-Muslim. No other community group or people wear the
Muslim type hat.
Q: Is it true that
Hajj becomes compulsory if one is in Makkah Mukarramah
on the 1st of Shawwal?
A: Hajj does not become
compulsory by merely being in Makkah Mukarramah on the
1st of Shawwal. However, if one did not perform Fardh
Hajj, and one has the financial means to stay in Makkah
Mukarramah until Hajj, then only will Hajj become
compulsory. (Ahsanul Fataawa vol.4 pg.529)
Q: Can a mother-in-law
go for Umrah with her son-in-law?
A: The son-in-law is a
Mahram to his mother-in-law, therefore, she can travel
with him for Umrah. However, if both or anyone of them
are young, in view of the prevalent evils and
immoralities, extreme precaution should be taken.
Q: I had a burglary in
my house and Zakaat monies given to me by people to
distribute were stolen. Is the Zakaat discharged or not?
If not, am I responsible to discharge the Zakaat with
personal monies?
A: The Zakaat of the
people is not discharged. Since there was no negligence
on your behalf, you are not responsible to discharge the
Zakaat with personal monies. (Ahsanul Fataawa vol.4
pg.299)
Q: I have gold and
silver jewellery to the value of R12,000 and a liability
of R28,000. Do I have to pay Zakaat on the gold and
silver Jewellery?
A: If you have other
Zakaatable assets besides the gold and silver jewellery,
its value should be added to the value of the gold and
silver jewellery as well. If the liability of R28,000.00
exceeds the value of the assets there is no Zakaat.
However, if there is an excess which is equivalent or
more than the nisaab amount, Zakaat will be payable on
the excess only.
Q: If one owns 40% of
shares in a company, then how is Zakaat calculated on
his share?
A: If the company is a
trading investment then Zakaat is payable on the capital
amount as well as the dividends. If the company is not a
trading investment and only receives income, for example
from rentals of properties then Zakaat is liable only on
the dividends.
In this case, as a
shareholder of a trading investment, Zakaat is due at
2.5% of the 40% shareholding on the capital, as well as
on the dividends.
Q: I am an asthma
patient. Is it permissible for me to use the inhaler
during fasting? The inhaler contains salbutamol (liquid
medication). If it is not permissible, what should I do
when I get an asthma attack during fasting?
A: Since the inhaler
contains a medication (salbutamol), the use of it in the
state of fasting will invalidate the fast. We advise you
take medication at the time of Sahri to avoid an asthma
attack. However, should you get the attack during
fasting, if there is no adequate alternative which does
not break the fast, you may use the inhaler and make-up
for that fast later (make Qadhaa).
Q: Is it permissible
to accept edible gifts from non-Muslims during their
festivals, e.g. Christmas, etc.?
A: While it is permissible
to accept gifts from non-Muslims, extreme precaution
should be taken. For example, during their religious
festivals, edibles are generally prayed on; to consume
such food is Haraam. Therefore, as a matter of
precaution all edibles given 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: During the
apartheid era, the government had wrongfully
expropriated land in order to give effect to its policy
of racial segregation. The new government has passed a
law to redress the wrongful usurpation of land by the
previous government in the form of Restitution of The
Land Rights Act, 1994. How should the property or its
compensation be distributed?
A: According to Shariah,
the expropriated property belongs to the owner of the
property at the time of usurpation. If the original
owner or any shareholder passed away, their share will
be distributed to their heirs according to the Islamic
Law of Inheritance and Succession. (Answer confirmed by
Justice Mufti Taqi Usmani, Pakistan)
Q: During menopause
generally a female’s monthly cycle of bleeding is
suppressd resulting in her experiencing hot flushes and
other medical complications. Her physician prescribes
HRT (hormone replacement tablets) in order to enhance
her monthly cycle which gives her relief. Will the
enhanced bleeding be regarded as Haydh?
A: The enhanced bleeding
by HRT (hormone replacement tablets) will be regarded as
Haydh. (Shaami vol.1 pg.222; Rashidiyya).
The same ruling
applies for a female who attained the age of despair (Sinne-Iyaas)
of 50 years. During Haydh (menstruation), a female
cannot perform Salaat, fast, recite and touch the
Qur’an and make Tawaaf.
Q: A person sold his
business. Among the conditions of sale was that the
purchaser pay out all the creditors of the business. The
creditors were not consulted. Now that the new owner is
insolvent and has not yet paid the previous owner - who
is responsible for those debts?
A: According to Shari’ah,
in order for the transfer (Hawala) of a debt to be
valid, besides the original owner of the business and
purchaser, the creditor(s) must also consent to the
transfer of the debt. Since the creditor(s) did not
consent to the transfer of the debt, the previous owner
of the business is responsible for those debts. (Raddul
Mukhtaar vol.4 pg.321; Kuwait)
Q: Can a woman use
nail hardner on her finger nails to protect them from
breaking and falling off? Must she remove the hardner
during Wudhu?
A: It is permissible to
use nail hardner for medical purposes. Until it serves
as a medicine, she does not have to remove it for Wudhu.
(Nurul-Idhaah pg.49)
Q: What is the
Shar’ee position of Taraweeh? Do women also have to
perform Taraweeh?
A: To perform 20 Rakaats
Taraweeh is Sunnat-e-Muakkadah (emphasised Sunnat) for
both males and females. (Raddul Mukhtaar vol.2 pg.43; HM
Saeed)
Q: Is it permissible
to enter a competition, whereby the winner is chosen
from a box of mixed ‘names’ wrapped in paper? One
condition is that the enterant must purchase any of
their products.
A: If the product is sold
at a fair market price, then any award given to a
particular purchaser is a voluntary gift for which one
can draw a lot. However, if the price is increased on
the basis of an intended award by drawing a lot, then
this will be gambling and will not be permissible.
(Justice Mufti Taqi Usmani; Pakistan)
Q: Is it permissible
to use a perfume, deodorant, etc. which contains
alcohol, and if so, can one perform Salaat without
washing it off?
A: It is not permissible
to use deodorants that contain alcohol from grapes or
date extracts. Such perfumes are impure and Salaat with
it is invalid. However, if the alcohol is synthetic, it
is pure and permissible to use. Salaat without washing
off such perfumes will be valid. Sometimes, it becomes
difficult to differentiate between genuine and synthetic
alcohol. Thus, to be on the safe side, one should rather
prefer using deodorants and perfumes that are labelled
as ‘alcohol-free’, especially when such perfumes are
easily available. (Mufti M Saeed Motara; Azaadville)
Q: Is it permissible
to take an injection while fasting and does that nullify
the fast?
A: It is permissible to
take an injection during fasting. The injection does not
nullify the fast. (Ahsanul Fataawa vol.4 pg.432)
Q: Is it permissible
for males to have general conversations with females on
the chat-line of the Internet?
A: It is strictly
prohibited (Haraam) for strange males and females to
have general conversations with each other through any
communication, such as telephone, chat-line, CB’s,
etc. Often, such communications lead to many immoral
acts and also cause marital disputes.
Q: In Saudi Arabia, if
Ramadhaan commences one or two days before South Africa,
a person who commences his Ramadhaan in SA and spends
Eid in Saudi Arabia would fast only 28/29 days.
Similarly, if a person commences his Ramadhaan in Saudi
Arabia and upon returning to SA before Eid, if the moon
is not sighted after the 29th fast, he would have fasted
31 days. What must be done in such situations?
A: In the first situation,
if Ramadhaan commenced in Saudia Arabia two days before
South Africa, the person should make Eid with the people
in Saudi Arabia and later make-up for one fast. In the
second situation, he must keep the 31st fast and make
Eid with the people in South Africa. (Ahsanul Fataawa
vol.4 pg.433)
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