Q. Is Ghusal compulsory for a murdered person?
A. If a Muslim was shot or attacked without a justifiable Shar’ee reason, and died without benefiting from any worldly cause, viz. medication, treatment, hospitalisation, food, drink, etc., then he will be regarded as a Shaheed (martyr) in his burial proceedings. He will remain in his soiled clothes and there will be no Ghusal and Masnoon Kafan given. However, Janaaza Salaat will be made. (Raddul Mukhtar vol.2 Pg.250; H..M. Saeed)

Q. Does switching off a cellphone while in Salaat invalidate the Salaat?
A. Cellphones should be switched off before Salaat. If a person forgets to do so and the phone rings while in Salaat then it should be switched off by engaging just one hand. The use of two hands will invalidate the Salaat. (Raddul Mukhtar vol.1 Pg.625; H.M. Saeed)

Q. Is it necessary to put Surma for the deceased?
A. It is not permissible. (Tahtaawi-Pg 312-Qadeemi)

Q. For some reason a person decides to change his first name. Does he have to repeat the Aqeeqah?
A. No, it is not necessary to repeat the Aqeeqah.

Q. What should a woman do in a non-Islamic state like South Africa if her husband goes missing and his whereabouts are unknown?
A. She must make an application to the Judicial committee of a competent Ulama body of her province for an annulment of her marriage. Following the procedures laid down by the Shari’ah, the committee will annul her marriage accordingly.

Q. Can a man divorce his wife during pregnancy?
A. During pregnancy the husband should be extremely tolerant to his wife and express more care and affection to her as she bears all the difficulties of carrying his child. Divorce by itself is disliked; imagine giving it in the state of pregnancy. However, despite the husband’s uncalled behaviour, divorce given in the state of pregnancy is valid.

Q: Can an employee of a company who receives a discount purchase an item for me. Obviously, only he qualifies for a discount.
A: The employee of a company who qualifies to purchase an item on discount may use his right to purchase an item for himself or anybody else.

Q: I purchased 100 shares from a company. The company has dealings in Media Printing, publishing Hustler and Scope magazines and also deals with SA Breweries. Is the money acquired from the sale of such shares Halaal?
A: It is not permissible to purchase shares in companies which deal in Haraam like the ones mentioned in your query. If such shares had been purchased, they must be disposed of. You can retain for your use the original purchase price from the sale of such shares.

The balance must be distributed to the poor and needy without the intention of gaining reward.

Q: We have negotiated a sale of a property at R1 million cash or R2 million payable over 12 months in equal instalments. Our accountant has advised us to structure the deal by dividing the purchase price of R2 million into capital and interest in order to gain tax relief. The sale agreement will reflect the respective amounts as capital and interest. Kindly advise if the transaction is permissible according to Shari’ah.
A: The sale of the property for R2 million payable over 12 months in equal instalments is permissible. To record the purchase price as interest in order to gain tax relief is permissible. The amount reflected as interest for tax relief will not be interest.

Should the purpose of structuring the deal be otherwise, for example, to obtain a loan from the bank, then it will not be permissible.

Q. Is it acceptable to read the Fardh Salaat standing and then read the Nafl sitting? I have noticed many people doing this.
A. It is permissible to perform the Nafl Salaat in a sitting position, but it will earn half the reward. Nevertheless, if the sitting posture is adopted due to some valid excuse, for example, illness, then there will be full reward. (Tahtaawi pg.220, Karachi)

Q. What is the Shar’ee ruling on the wearing of contact lenses for males and females?
A. If contact lenses are prescribed by an optometrist due to medical reasons, it is permissible. It is permissible for a female to beautify herself only for her husband with coloured contact lenses.

If there is a possibility of any deception by wearing contact lenses, for example, a boy seeing a girl with the intention of marriage, then she cannot wear coloured contact lenses. It is not permissible for a male to beautify himself with coloured contact lenses.

Q: Can fresh and artificial flowers be kept in the house?
A: It is permissible to keep fresh and artificial flowers in the house. However, fresh flowers should not be kept in the toilet.

Q: Someone insured a cellphone with an Insurance company. A while later, the cellphone was reported damaged and the insurance company paid out the person. The insurance company later on found that the cellphone (after testing) was in proper working order. Hence, the company, thereafter, put it up for sale. Is it permissible for me to purchase the cellphone?
A: The original transaction was insurance, which is not in accordance with Shari’ah. However, when at the time of compensating the insured person the insurance company paid the price of the cellular phone and took its delivery from him it should be taken as a sale having taken place between the insurance company and the insured person. By virtue of this the insurance company acquires the ownership of the cellular phone. Therefore, purchasing of the cellphone from the company is permissible. (Justice Mufti Taqi Usmani, Pakistan)

Q: What is the minimum amount of mahr (dowry). Kindly, specify in grams the mahr that was given to the wives of Rasulullah (Sallallaahu Alayhi Wasallam) and to Hadhrat Fatima (Radhiallaahu Anha) by Hadhrat Ali (Radhiallaahu Anhu). It is a common practice during the Nikah ceremony to mention the dowry as mahr Faatimi only. Is that correct or must the amount be also specified?
A: The minimum mahr is ten Dirhams (approximately 31 grams of silver). The Mahr given to the wives of Rasulullah (Sallallaahu Alayhi Wasallam) was 500 Dirhams (approximately 1530 grams of silver). The Fuqaha differ in their opinions regarding the exact amount of mahr Faatimi. The majority of the Fuqahaa state that it is four hundred Mithqaal (approximately 1750 grams of silver). (Mirqat vol.6 Pg.246). If the dowry is given as mahr Faatimi, it must be specified (exact amount in Rands) at the time of the Nikah ceremony as the price of silver fluctuates .

By me importing goods the proper way, I will be more expensive and will not be competitive in the market. Is it permissible for me to under invoice the consignment in order to be competitive in the market?
A: Every person who resides in a country or acquires its citizenship and enters into an agreement with that government should follow the laws of that land, therefore, he is under obligation to follow the laws unless a law of the land that compells him to do an act which is prohibited in Shariah. On the basis of this principle, since smuggling is illegal, a Muslim is required to abide by this restriction. (Justice Mufti Taqi Usmani, Pakistan)

Q: Kindly explain the Shar’ee position of the bequest made by non-Muslim parents in favour of their Muslim child in their Will. Will it be Meeraath (inheritance) or Wasiyyat (bequest)?
A: There are differences of opinion regarding Muslims inheriting from non-Muslim relatives. According to the majority of the Sahaba (Radhiallaahu Anhum) and Tabi’een (Rahimahumullah), Muslims do not inherit from their non-Muslim relatives based on the following Hadith:

Usama Ibn Zaid (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘A Muslim cannot inherit from his non-Muslim relatives and a non-Muslim will not inherit from his Muslim relatives.’ (Mishkaat pg.263; Meraj). However, a Muslim and non-Muslim can make a bequest for a non-Muslim and Muslim respectively. (Raddul Mukhtaar vol. pg.652; H.M. Sa’eed)

Any bequest made in favour of a Muslim relative by his non-Muslim relative and vice versa will fall in the category of wasiyyat and will be governed by the rules and principles of Wasiyyat. The underlying principle being that the wasiyyat cannot exceed one third of the nett estate after paying funeral expenses and debts.

Q: Is it permissible to eat Crabs?
A: No, it is not permissible. (Raddul Mukhtaar vol.5 pg.214; Kuwait)

Q. Kindly explain the procedure of performing Istikhaara for a female during menses as she cannot perform Salaat in that state.
A. The performing of two Rakaats Nafl Salaat with the intention of Istikhaara is desirable, it is not a prerequisite for the validity of the Istikhaara. It would suffice to perform Wudhu and recite the Dua of Istikhaara on her Musalla (prayer mat) before sleeping without performing the Salaat for Istikhaara.

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