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Q: Is it permissible
to open a video game entertainment centre and are such
games permissible?
A: Video entertainment games
have many unIslamic factors in them. Apart from the
games having music and pictures which are prohibited,
the nature of the games offered, for example, karate,
shooting, killing, racing, etc. have a potential of
raising one’s emotions, thus having far reaching
negative consequences in many aspects of ones life.
Consider the following
from the Encyclopedia, 1993-1997 - Microsoft Corp.
"Critics of video games contend that children spend
too much time and money on the games and that immersion
in the fantasy of video games can have adverse effects
on personality maturation. There have also been reports
that the flashing graphics can trigger seizures in
people who have certain types of epilepsy."
Therefore, it is also
not permissible to open a video game entertainment
centre and such games are not permissible to play. The
income generated from entertainment video machines will,
therefore, not be permissible.
Q: Is Immunization,
i.e. the method of artificially producing an immunity
against infectious diseases permissible?
A: Immunisation against German
Measles, Rubella, Meningitis, Cholera, Smallpox, Polio,
Rabies, Hepatitis B and Diptheria and others for the
prevention of serious diseases is permissible.
While sickness comes
from Allah Ta’ala, the Shari’ah does not prohibit
taking precaution.
Q: I have lost one
child during birth and another due to a miscarriage. Was
there supposed to be Janaaza Salaat in these situations
and will the children intercede for me on the day of
Qiyaamat?
A: According to the Shariah,
when a child passes away in the womb of the mother or
dies before the head and the chest comes out in a normal
birth, or before the abdomen (navel) comes out in a
breach birth, it is regarded as still born. (Tahtawi
Page 327 Qadeemi)
The still born child
should be washed, given a name, placed in a cloth and be
buried in the graveyard. The same rule applies in a
miscarriage and some limbs of the child are visible.
(Ibid) It is hoped that such a child will intercede for
the parents on the day of judgement. There is no Janaaza
Salaat for a still born child. (Ibid)
Q: I am an officially
appointed Imaam at a Masjid. When visiting Ulama come to
the Masjid, some trustees request them to perform Salaat
without consulting with me. Is this correct? Are they
required to consult with me first.
A: Shariah has emphasized in
honouring and respecting the right of an appointed Imam
leading his congregation. We make reference to - among
others - the following:
Abu Masood (Radhiallahu
anhu) states that no person should become the Imam of a
person in his place of leadership and no person should
sit in the house of a person at his special place but
with his permission. (Mishkaat pg.100; Me’raaj)
Whosoever enters the
Masjid and he is more educated than the resident Imam
then too the resident Imam is entitled to lead the
salaat. (Fatawa Hindiyya vol.1 Pg.2; Rashidiyya)
It is
Makrooh-e-Tahrimi for another person to perform salaat
without the consent of the official Imam. (AAP.KE.
Masaail or US KA HAL Vol. 2 Page 234)
In view of the above
it is clear that as the appointed Imam of the Masjid it
is your right to lead the congregation. However, you are
at liberty to give permission to a suitable person to
lead the salaat.
Q: Is it permissible
for a minor (physically immature) child to call out the
Adhaan?
A: The Adhaan of a minor
(physically immature) is valid. (Tahtaawi pg.108;
Qadeemi). However, a reliable adult should call out the
Adhaan. Rasulullah (Sallallaahu Alayhi Wasallam) said,
‘The best among you should call out the Adhaan.’
(Ibid)
Q: We, the parents
named our newborn baby, but the grandparents objected as
they were not given the privilege to name the child. Did
we do wrong?
A: The parents have the right
to name their child. It is incorrect for the
grandparents to become offended for not having the
choice of naming their grandchild.
Q: Is it permissible
for us to vote for a Muslim candidate in the local
government elections?
A: It is permissible to vote
for a Muslim candidate in the local government if there
is hope that the Muslim candidate will be able to serve
the interests of the Muslim community through his
official position.
Q: I purchased 3X1
kilograms of mince for R61.72, and had requested that
the mince be packed in polystyrene trays. By packing the
product on the polystyrene tray, due to the weight of
the tray I am receiving 14c per kilograms less mince.
Kindly inform me the Islamic ruling on the above matter.
A: If you ordered 3 kilograms
of mince, it (the mince) must be weighed separately
without the trays as the weight of the tray will be
included in the scale thereby decreasing the weight of
the mince in proportion to the weight of the tray. The
difference could be quite significant especially when
one purchases a large volume. Alternatively, the weight
of the tray be taken into consideration and the mince
will be increased in proportion to the weight of the
tray.
Q: If the husband
gives the wife his home (for example) but does not
transfer it on her name to avoid the transfer duty, is
it regarded as given according to Shari’ah?
A: The husband may gift his
house to his wife during his lifetime by relinquishing
all his rights over the house. The wife must also accept
the gift. Having done so, according to Shariah she will
be the owner of the house even though the house would
have been on the husband’s name. In order to avoid any
problems in the future, the transaction of gifting
should be reduced to writing and witnessed accordingly.
If the husband pre-deceases the wife, the house will be
excluded from the husband’s estate.
Q: I am a medical
practitioner and was contracted to a medical scheme for
5 years. Last year, I terminated the contract.
Subsequently, the medical scheme became insolvent. Some
of my patients who were also contracted to the scheme
refuse to pay me for services rendered to them, they
state that the scheme is responsible to pay me. Is that
correct?
A: According to the Shari’ah,
the contractual agreement with you and your patients and
the medical scheme is termed as Hawalah (transferral of
debts).
Therefore, in
principle, the medical scheme is responsible in paying
any outstanding debt incurred during the contractual
period among the three parties. However, only those
patients will be indebted to you directly at the time
when the contract terminated with the scheme.
Consequently, since the medical scheme is under
liquidation, you may claim for outstanding amounts
directly from the patients. The patients are duty bound
to pay for the services rendered to them. (Shaami vol.5
pg.348; Tijaariyyah)
Q: Are Muslims living
in non-Muslim countries bound to obey the traffic laws
of that country? Is the speeding fine Islamic?
A: Muslims living in a
non-Muslim country are bound to follow the laws of the
country as long as they are not contrary to Shari’ah.
According to the
Shari’ah, public amenities, for example, roads, parks,
etc. should be used without causing any harm to another
person. (Buhooth fi Qadhaaya fiqhiyya Mu’aasira;
pg.292) Speeding on public roads is a great danger to
the lives of others. It is the responsibility of the
government to ensure the safety of its citizens by
enforcing strict speed control. The speeding fine is one
of other deterrents of speed control.
Any person convicted
of overspeeding is duty bound by the Shari’ah to pay
the speeding fine.
Q: A person buys a
Vodacom starter pack on which a R29.00 voucher has been
already loaded. He then uses the R29.00 for his calls,
thereafter, he sends SMS (short messages) causing him to
get a negative balance as Vodacom charges only after two
hours for the service. He then throws the simcard away,
is this permissible?
A: When a person used the SMS
(short messages) of Vodacom, he is bound to pay for it.
To throw away the sim card in order to avoid being
located by vodacom is deception and strictly prohibited.
Q: Kindly inform me on
the authenticity of the information given by the
‘trapped Shaytaan’ as practised by some Aamils
treating people for black magic?
A: Rasulullah (Sallallaahu
Alayhi Wasallam) was affected with the worst form of
black magic. He resorted to Du’aa and finally was
informed by Allah about the Jew, Labid ibn Asam having
practised black magic on him. Hadhrat Aaisha (Radhiallaahu
Anha) said, ‘O Prophet of Allah! Why don’t you
expose him?’ Rasulullah (Sallallaahu Alayhi Wasallam)
replied, ‘Allah granted me Shifaa and I do not want to
spread evil among the people.’ (Bukhari vol.2 pg.858)
Rasulullah (Sallallaahu
Alayhi Wasallam) was a fountain of knowledge and
recepient of Divine revelations. His heart was imbued
with deep light and insight, yet he did not accuse
anyone of practising black magic on him. Instead, he
resorted to Du’aa. Even after being Divinely informed
he did not take the matter further. The information
through the ‘trapped Shaytaan’ is not authentic and
has no Shar’ee basis.
The Shaytaan is the fountain-head of
evil and can never be trusted. Its motive is to spread
evil and disunity. It is for this reason that Rasulullah
(Sallallaahu Alayhi Wasallam) prohibited us going to
fortune tellers since their information is acquired from
Shaytaan.
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