Q: If a Haaji stays in Makkah Mukarramah for 15days only including the five days of Hajj, will he be considered a Muqeem or Musaafir?
A: The Haaji will be a Musaafir (Raddul Mukhtaar vol.1 pg.571; Kuwait). He will have to make Qasr (perform two Rakaat Salaats in Dhuhr, Asr and Esha Salaats), if he performs it individually or behind a Musaafir Imaam. If the Imaam is a Muqeem, the Haaji will follow the Imaam and perform complete Salaat.

Q: Is it Fardh (obligatory), according to the Shariah, to complete Forty Salaah in Masjidun-Nabawy, when one visits Madinah Munawwarah?
A: No, it is not obligatory. However, it is desirable and an act of great reward.

Hadhrat Anas (Radhiallaahu Ánhu) reports that Nabi (Sallallaahu Álayhi Wasallam) said : "Whoever performs Forty Salaah in my Masjid (in succession), not missing (even) one Salaah, (then) he is guaranteed freedom from the Fire (of Jahannam), redemption from punishment and he becomes immune to hypocrisy." (Majma’uz Zawaaid)

Q: A woman is 55 years old, and has absolutely no male Mahram. Is it permissible for her to go for Fardh Hajj without a Mahram?
A: It is not permissible for a female to travel for a distance of 88kms. or more without a male Mahram (person whom she cannot marry). The fulfilment of Fardh Hajj will become compulsory only when she is able to travel with a male Mahram. If a female has the financial means to perform Hajj but does not have a male Mahram throughout her life to accompany her for Hajj, she should make a bequest of performing Hajj-e-Badal on her behalf after her death.

Q: My father-in-law has two wives. Are both his wives Mahram to me?
A: Only that wife who is your wife’s mother is a Mahram to you. The other wife is not a Mahram to you. You should observe Purdah from the other wife.

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 three times its value (in lieu of three years) in charity. (Ahsanul Fatawa vol. 7 pg. 533)

Q: A woman who normally covers her face is unable to wear the Niqaab which does not touch the face during Ihraam, due to discomfort and claustrophobia. If a Ghayr Mahram male looks at her face during this period of time, will she have committed a sin?
A: Rasulullah (Sallallaahu Álayhi Wasallam) said, "A female’s Ihraam is her face." (Nisbur Raaya Zailee vol.3 pg.27; Dabhel)

Just as it is prohibited for a male to cover his head during Ihraam, so too it is prohibited for a female to cover her face in the state of Ihraam. (Mishkat pg.236; Karachi) In order to avoid evil glances of strange males, a female should wear a veil without it touching the face. Due to unavoidable circumstances, for example, medical reasons she will be excused for not wearing the veil. However, at all times she should avoid being where there are strange males.

Q: A woman intends performing Hajj, her Haydh is calculated to occur during and over the 5 days of Hajj. Is it permissible for her to take medication to delay her Haydh, if this medication only has to be used for a short period of time, and causes minimum side effects?
A: A female should not interfere with her natural monthly cycle. However, due to unavoidable circumstances, for example due to experiencing her monthly cycle she will not be able to perform her fardh tawaaf -(Tawaafe Ziyarat) before the scheduled date of departure from Makkah Mukarramah, she may take medication to delay the monthly cycle.

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: 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: 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 it prohibited to cut one’s hair in the first ten days of Dhul Hijjah?
A: Umm Salma (Radhiallaahu Anha) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘Whosoever intends slaughtering an animal, should not clip his hair or nails upon sighting the crescent of Dhul-Hijjah.’ (Abu Dawud pg.386; Rashidiyya)

In view of the above Hadith, 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. 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: A fax machine is on sale. They also offer a contract plan for $20 dollars that allows the buyer to have the machine fixed or replaced if it breaks down within a year. Is this contract plan permissible?
A: It is permissible to purchase the machine with the contract. The $20 dollars will be included in the purchase value of the machine.

Q: If the Imaam or a person performing Salaat individually recites Qiraat in the 3rd or 4th Rakaats of Fardh Salaat, is there a Sajda-e-Sahw?
A: In the third and fourth Rakaats of Fardh Salaat, the Imaam or the person performing Salaat individually should recite Surah Faatiha only. However, if one recited an additional Surah to Surah Faatiha, Sajda-e-Sahw is not compulsory. (Shaami vol.1 pg.511; HM Saeed)

Q: A married woman goes on holiday to her mother’s home in another city with the intention of staying there for fewer than 15 days. Since she considers here mother’s home to be hers, should she perform full Salaat, as opposed to Qasr Salaat? What is the Shar’ee ruling here?
A: After marriage the wife assumes her husband’s residence as her permanent abode (Watane-Asli). When she goes to her parent’s residence for a holiday and intends to stay there for fewer than 15 days she will be regarded as a Musafir (traveller). She will have to make Qasr - i.e. perform two rakaats Salaat instead of four rakaats in Zohar, Asr and Esha Salaats at her parent’s residence (Raddul Mukhtaar vol.1 pg. 586; Kuwait)

Q: I am a permanent resident of Port Elizabeth. My place of study is Isipingo Beach. When I leave PE and reach Isipingo Beach, my intention is: a) Within the period of 15days, I will definitely leave Isipingo Beach and go to central Durban or one of its suburbs outside the boundary of Isipingo Beach. b) On reaching Isipingo Beach, my intention is not definite. If the need arises I may leave Isipingo before 15 days or even after 15 days. When will I be considered a Muqeem and Musaafir? Will there be a difference in Shari’ah if I stay one night out of Isipingo Beach and only one day out of Isipingo Beach?
A: In order for you to be a Muqeem in Isipingo Beach, you would need to make intention of a minimum of 15 nights without leaving Isipingo Beach for even one night. (Raddul Mukhtaar vol.1 pg.127; HM Saeed)

Upon reaching Isipingo Beach, if you have a firm intention of spending one night out of Isipingo Beach before the completed 15 days then you will be a Musaafir in Isipingo Beach. However, if you have a firm intention of staying in Isipingo Beach for 15 consecutive nights and intend leaving for the day only within the 15 days then you will be a Muqeem in Isipingo Beach. There will be no difference if you have to go out of Isipingo Beach for a day and travel the distance of safar (88 kms.) or more, and upon reaching Isipingo you will still be a Muqeem as you had no intention of leaving Isipingo Beach permanently. (Ahsanul Fatawa vol.4 pg.108)

If you undertook a journey of 88 kms. or more with the intention of leaving Isipingo Beach permanently, that journey will terminate your Iqaamat (stay) in Isipingo Beach. (Ibid)

It is clear tha you travelled to Isipingo Beach on study and will be there for 15days and more. If you are unsure of leaving Isipingo for one night within the 15days, you will be a Muqeem in Isipingo Beach from the time you arrived.

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