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AL-MAHMOOD TWELVE

Sha'baan 1421 November 2000

Q: In Saudi Arabia, if Ramadaan commences one or two days before South Africa, a person who commences his Ramadaan in SA and spends Eid in Saudi Arabia would fast only 28/29 days. Similarly, if a person commences his Ramadaan in Saudi Arabia and upon returiing to SA before Eid, if the moon is not sighted after the 29th fast, he would have fasted 31 days. What must be done in such situations?
A: In the first situation, if Ramadaan commenced in Saudi Arabia two days before South Africa, the person should make Eid with the people in Saudi Arabia and later make-up for one fast. In the second situation, he must keep the 31st fast and make Eid with the people in South Africa. (Ahsanul Fataawa vol.4 pg.433)

Q: Is it permissible to take an injection while fasting and does that nullify the fast?
A: It is permissible to take an injection during fasting. The injection does not nullify the fast. (Ahsanul Fataawa vol.4 pg.432)

Q: A female starts menstruating while fasting. How should she conduct herself? What if she stops menstruating during fasting?
A: If her menses commenced while fasting, she can eat (not in public). If her menses stopped while fasting, she should abstain from eating, drinking, etc. but (in both instances) make up for the day by keeping a Qadhaa fast after Ramadaan. (Aalamgiri vol.1 pg.214; Rashidiyya)

Q: During menopause generally a female’s monthly cycle of bleeding is suppressed resulting in her experiencing hot flushes and other medical complications. Her physician prescribes HRT (hormone replacement tablets) in order to enhance her monthly cycle which gives her relief. Will the enhanced bleeding be regarded as Haydh?
A: The enhanced bleeding by HRT (hormone replacement tablets) will be regarded as Haydh. (Shaami vol.1 pg.222; Rashidiyya)

The same ruling applies for a female who attained the age of despair (Sinne-Iyaas) of 50 years. During Haydh (menstruation), a female cannot perform Salaat, fast, recite and touch the Noble Qur’aan and make Tawaaf.

Q: A difference of opinion exists in our town regarding the exact time of Iftaar. Some are of the opinion that it is necessary to open fast immediately after sunset based on the Hadith of Bukhari that ‘people will continue in prosperity so long as they make Ta’jeel (be quick) in breaking the fast.’ Others are of the opinion that as a matter of precaution, the fast should be opened a few minutes after actual sunset, as the time in the Muazzin’s clock or the perpetual timetable, may not be absolutely correct. Kindly comment.
A: The Fuqahaa have stated that it is Waajib to exercise precaution in breaking fast. (Tahtaawi; Karachi pg.370). Ibn Nujaym states, ‘Ta’jeel (to be quick) which is desired in breaking fast is before the stars appear.’ (Bahrur Raaiq vol.4 pg.292) In view of the above, it is not necessary to break fast immediately after sunset in order to achieve the virtue mentioned in the Hadith. The virtue will still be achieved even though there is a slight delay.

The Hadith of Bukhari referred to in your questionnaire is explained by Ibn Hajr (Rahmatullaahi Alayhi) in Fathul Baari (vol.4 pg.191) as follows: ‘The Christians and Jews used to delay their fast until the stars were apparent, hence, we should contradict them, i.e. we should not delay to that extent.’

Furthermore, we have queried the matter with the relevant experts, they too are of the opinion that the timetables are not accurate and there is a variation of at least two (2) minutes. Therefore, our advise is to exercise precaution by waiting at least five (5) minutes after the given time in our perpetual timetable.

Q: I am an asthma patient. Is it permissible for me to use the inhaler during fasting? The inhaler contains salbutamol (liquid medication). If it is not permissible, what should I do when I get an asthma attack during fasting?
A: Since the inhaler contains a medication (salbutamol), the use of it in the state of fasting will invalidate the fast. We advise you take medication at the time of Sahri to avoid an asthma attack. However, should you get the attack during fasting, if there is no adequate alternative which does not break the fast, you may use the inhaler and make-up for that fast later (make Qadhaa).

Q: Many people perform I’tikaaf and a large portion of the Masjid is reserved for erecting cubicles, thus, the Salaat area becomes congested. Kindly explain to us whether erecting cubicles for I’tikaaf is in fact necessary.
A: The purpose of I’tikaaf is to be in isolation in order to maximize one’s time in the Ibaadat of Allah Ta’ala. Therefore, the I’tikaaf tent (cubicle) for a Mu’takif (person sitting in I’tikaaf) is conducive to the spirit of I’tikaaf.

Hadhrat Aaisha (Radhiallaahu Anha) narrates that, ‘When Rasulullah (Sallallaahu Akayhi Wasallam) intended to sit in I’tikaaf, he used to perform Fajr Salaat and thereafter enter his place of I’tikaaf.’ (Mishkaat pg.183)

According to Mulla Ali Qari (Rahmatullaah Alayhi), the place of I’tikaaf is explained as follows: Rasulullah (Sallallaahu Alayhi Wasallam) used to be in the Masjid at a place away from the sight of the people. It has been stated that he made a room (cubicle) from straw mats.’ (Mirqaat vol.4 pg.329)

Therefore, to erect I’tikaaf tents (cubicles) is desirable. However, should a situation arise that due to many people sitting in I’tikaaf and erecting cubicles for each person causes congestion then some means should be adopted to alleviate the problem of space. Should the authorities decide to cordon off a certain area for people to make I’tikaaf there without erecting cubicles, then it will be permissible to do so.

Q: What is the Shar’ee position of Taraweeh? Do women also have to perform Taraweeh?
A: To perform 20 Rakaats Taraweeh is Sunnat-e-Muakkadah (emphasized Sunnat) for both males and females. (Raddul Mukhtaar vol.2 pg.43; HM Saeed)

Q: Can I use a spying software to monitor what my daughter (22 yrs) is doing through her navigating and chatting while on the Internet?
A: It is compulsory upon parents to monitor their children’s use of the Internet. Therefore, you may install a spying software to capture your daughter’s use of the Internet.

Q: Generally, in summer we use an electronic device (common in butchers) to kill insects like flies and Mosquitoes. Is this permissible?
A: It is permissible to use the electronic device to kill insects.

Q: If one owns 40% of shares in a company, then how is Zakaat calculated on his share?
A: If the company is a trading investment then Zakaat is payable on the capital amount as well as the dividends. If the company is not a trading investment and only receives income, for example, from rentals of properties, then Zakaat is liable only on the dividends.

In this case, as a shareholder of a trading investment, Zakaat is due at 2.5% of the 40% shareholding on the capital, as well as on the dividends.

Q: Kindly explain the Shar’ee ruling on the Pokemon game played by children.
A: It is prohibited to play the pokemon game. Parents are duty bound by Shari’ah to restrict their children from playing the game. Hereunder are some negative factors of the games as reported in the Sunday Times (November 5 2000)

a) Distraction from learning;

b) Motivates craziness which provoke bullying and fighting among children;

c) Schools across the US have also banned the Pokemon games and in Canada last year, a pupil was stabbed in a fight.

Q: I have gold and silver jewellery to the value of R12,000 and a liability of R28,000. Do I have to pay Zakaat on the gold and silver jewellery?
A: If you have other Zakaatable assets besides the gold and silver jewellery, its value should be added to the value of the gold and silver jewellery as well. If the liability of R28,000.00 exceeds the value if the assets there is no Zakaat. However, if there is an excess which is equivalent or more than the Nisaab amount, Zakaat will be payable on the excess only. There is no Zakaat on jewellery except on pure gold and pure silver.

Q: Zayd passed away leaving behind two (2) sons, Bakr and Amr and four (4) daughters. Bakr and Amr divided the property between them. The four sisters were not paid their shares.

After many years, Bakr and Amr passed away. Their sons Abdullah and Abdur-Rahmaan (grandchildren of Zayd) reach an agreement in which Abdullah purchased Abdur-Rahmaan’s half share of the property. Kindly comment on the above according to Shari’ah.
A: Upon the demise of Zayd, his Estate which includes the property in question will be divided according to the Islamic Law of Succession and Inheritance. Bakr and Amr have acted incorrectly by dividing the property between themselves without the consent of their sisters. Therefore, the subsequent purchase and sale agreement between Abdullah and Abdur-Rehmaan is null and void. The property should revert to Zayd’s Estate and be distributed according to the Islamic Law of Succession and Inheritance. Should any heir be paid the value of his/her share, then the present market value should be considered.

Q: Can Sadaqatul Fitr be given during Ramadaan and what is the amount?
A: It is desirable to give Sadaqatul Fitr before Eid to the poor and needy. The amount for the year 1421 is R 6.00 or more.


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