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AL-MAHMOOD ELEVEN

Jumaad-as-Thaani 1421 October 2000

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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