Q: A man has intercourse with his wife on the assumption that her menses (Haydh) is over. He later discovers that her menses was not over, what should he do?
A: To have intercourse with the wife during menses is strictly prohibited. However, if a person mistakenly had intercourse with his wife during menses, apart from repenting, Rasulullah (Sallallaahu Alayhi Wasallam) advised that such a person should give some charity. (Mishkat pg.56; Qadeemi)

Q: If the wife left her husband’s home for some reason (domestic problem) and after three months the husband issues a Talaaq – when does the Iddat begin?
A: Iddat will commence only upon the husband issuing the divorce. The period of separation from the husband will not be regarded as Iddat.

Q: There is a general perception that the months of Muharram and Safar have an evil in them and anything major done in these months, for example, purchasing a business, house, making Nikah, etc. is unsuccessful. Kindly explain if the perception is correct or not according to Shari’ah.
A: To regard the Islamic months of Muharram and Safar as ‘unlucky’ months and suspend important matters with the fear of them being unsuccessful was the belief of the pre-Islamic era. Rasulullah (Sallallaahu Alayhi Wasallam) condemned this belief. Hadhrat Abu Hurayra (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, "There is no bad omen." (Mishkat pg.391) In another narration, it is recorded, "There is no (bad omen) in (the month of) Safar". (Ibid)

Therefore, one should not suspend any matter in Muharram and Safar with the belief that they are unlucky months.

Q: If any words of the Adhaan are omitted, for example, the third and fourth Takbeer, then will the Adhaan be valid?
A: If any word/s or sentence/s of the Adhaan are omitted, the Adhaan will be invalid and the Adhaan will have to be repeated. (Raddul Mukhtaar vol.1 pg.282; Kuwait)

Q: In an attached toilet and bathroom, while making Wudhu in the bathroom, is it permissible to recite Du’aas during and after Wudhu?
A: It is permissible to recite the Du’aas during and after Wudhu in the bathroom of an attached toilet.

Q: Is it permissible to recite the Noble Qur’an in the front seat of the vehicle whilst the body of the deceased is on the back seat before Ghusl? Similarly, can the Noble Qur’an be recited in the same room where the deceased is completely covered or in another room?
A: It is permissible to recite the Noble Qur’an audibly if the body of the deceased is completely covered in the back seat of the car or in the room. (Raddul Mukhtaar vol.2 pg.194; Tijaary)

Q: Is it permissible for a Muslim company to play the recitation of the Noble Qur’an on the "hold" mode on the telephone?
A: "When the Qur’an is recited then listen attentively to it and keep silent." (A’raaf Aayat 204). In the light of this Aayaat, it is not permissible to recite the Noble Qur’an audibly in places where people are busy at work or resting as they will not be able to respect the recitation of the Noble Qur’an. The reciter of the Noble Qur’an at such places will be sinful. (Ma’aariful Qur’aan vol.4 pg.163; Karachi)

To play the recitation of the Noble Qur’an over the telephone whilst on hold is not permissible since one does not know the condition of the person on hold and whether due respect would be given to the Noble Qur’an.

Q: "King-korn" is some times used for brewing liquor, is it permissible to sell it?
A: In principle, any item having a multiple purposes, i.e. used for permissible and non-permissible can be sold. The sin for abusing the item will rest on the purchaser. (Shaami vol.6 pg.391; HM Saeed). The seller is not obliged to inquire from the purchaser the purpose of purchasing the item.

However, if the seller is certain that the purchaser will abuse the item in a sinful way, it is not permissible to sell the item to him. (Jawaahirul Fiqh)

Q: Is it permissible to use the SAA’s voyager frequent flyer programme?
A: It is permissible.

Q: I have hired premises to do business. Due to the extremely difficult economic conditions, I am unable to meet my basic commitments of electricity and water. According to Shari’ah am I duty bound to honour the lease agreement and is it permissible for me to terminate the lease agreement?
A: It is permissible to terminate an Ijaarah (hiring) contract due to excuses valid in Shari’ah. (Aalamgiri vol.4 pg.458 Imdadiya).

Recess in the market economy is also regarded as a valid excuse in terminating a lease agreement. (Ibid pg.459). If the reason to terminate is expressly clear to all, in particular the landlord, the tenant may singularly terminate the contract. If it is not clear, he cannot singularly terminate the agreement. The tenant should approach the landlord and amicably terminate the agreement. (Ibid pg.458)

Q: If one changed his/her un-Islamic name to an Islamic one, must Aqeeqah be made again?
A: There is no Aqeeqah in changing the name of a person.

Q: A person employs a manager in his business at a salary of R2000 a month. The Manager is also promised an incentive of 5% for a turnover of R20,000 or more. Is this contract correct?
A: In a contractual agreement (Ijaarah) between the employer and employee, the salary (Ujrah) must be specified. The salary may be specified by a fixed amount, for example, R2000 and/or by percentage, for example, 5% for R20,000 or more. The contract mentioned by you is correct. (Shaami vol.2 pg.63; Karachi)

Q: Certain Mutual companies (insurance companies) have demutualised and issue free shares to policy holders out of their reserves. Is it permissible to accept these shares and are the proceeds on sale of these shares Halaal?
A: Any form of life insurance is Haraam. Mutual companies are owned by policy holders and all reserves are built up through retained profits. However, such profits primarily arise from income generated through Haraam investments such as interest on government stock, interest on fixed deposit, investments, investments on Brewery companies, etc.

Accordingly such accumulated profits are from Haraam sources. On demutualisation, these accumulated profits are utilised to issue free shares to policy holders in proportion to their equitable shares. Therefore, such shares received are Haraam and the proceeds on sales are Haraam. The proceeds should be given away as charity to the poor and needy. (Answer prepared in consultation with Jamiat Accountants)

Q: What is the ruling of performing the Sunnat-e-Muakkadah Salaats while on a journey?
A: A traveller (Musaafir) who intends undertaking a journey of 88 kms. or more is exempted from performing the Sunnat-e-Muakkadah Salaats before and after the Fardh Salaats. However, should he wish to perform the Sunnats and Nafl, for example, having time at hand then it is desirable for him to fulfill the Sunnat-e-Muakkadah Salaats.

Q: As a motor-mechanic by profession, I had repaired a vehicle of a client and parked it in my garage. At night, the vehicle got stolen, who is responsible to pay for the stolen vehicle?
A: The vehicle of the client in your possession was an Amaanat (trust). The general principle of Amaanat is that the Ameen (entrusted person) will not be responsible for any loss or damage of the entrusted item if there was no negligence on behalf of the Ameen. After repairing the motor vehicle, if you kept it at a safe place on your property where there was no fear of theft, then you will not be responsible to pay for the stolen vehicle. (Shaami vol.5 pg.45; Kuwait)

Q: We have a business which we do not want to sell, but wish to hire it to somebody. Your advice is sought on the following proposal; a) we leave the business with stock as a loan which have to be returned to us at the expiry of the contract. Any extra stock brought in by the hirer will be for his own benefit. b) Can we charge a fixed rental monthly on the fixture and fitting only? c) The hirer will run the business for his sole benefit (the entire business will be registered on his name).
A: Hadhrat Abu Hurayra (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) prohibited contracting two transactions in one deal. (Mishkat pg.248; Meraj)

The proposed deal constitutes two transactions (hiring and loaning) which is dependent on each other, hence, not permissible. (Mirqat Ali ibn Sultan vol.5 pg.80). As an alternative, you may offer the fixtures and fitting at a higher fee - taking into account the value of the stocks. The stock may be given as an outright gift, it cannot be given as a loan.

Since the deal falls under the category of Ijaarah (hiring), it must comform to the rules and principles of Ijaarah, for example, to specify the fees and period of hiring. There should be no ambiguity in the deal that may lead to a possible dispute in future. (Raddul Mukhtaar vol.6 ph.5; HM Saeed).

[ Back ] [ Next ]