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AL-MAHMOOD THIRTEEN

Dhul-Qa'dah 1421 February 2001

Q: Kindly provide us with a list of those animals that are prohibited for sacrifice during Eid-ul-Adhaa.

A: The following animals are prohibited for sacrifice during Eid-ul-Adhaa: a) Blind, one-eyed or has lost one-third or more of its eyesight. b) Lost a third of the ear. Similarly, the animal which has no ear from its very birth. c) Animals whose one horn or both horns have been broken off from the root. d) Leg being lame to the extent that it walks on three legs only and is unable to use the fourth leg. e) Lean and thin that its bones have no marrow. f) Weak that it cannot walk to the place of slaughtering on its own. g) No teeth or lost most of its teeth. (Shaami vol.6 pg.323; HM Saeed)

Q: Can a person performing Tamattu Hajj perform his Umra first and thereafter go to Madinah Munawwarah?

A: It is ideal for a person performing Tamattu Hajj to first go to Madinah Munawwarah and thereafter come to Makkah Mukarramah and perform Umrah. However, if the person for any reason decides to go to Makkah first and perform Umrah, his Tamattu Hajj is valid. (Fataawa Rahimiyya vol. 6 pg. 394)

Q: If a Haaji stays in Makkah Mukarramah for 15 days only including the five days of Hajj, will he be considered a Muqeem or Musaafir?

A: The Haaji will be a Musaafir (Raddul Mukhtaar vol.1 pg.571; Kuwait). He will have to make Qasr (perform two Rakaat Salaats in Dhuhr, Asr and Esha Salaats), if he performs it individually or behind a Musaafir Imaam. If the Imaam is a Muqeem, the Haaji will follow the Imaam and perform complete Salaat.

Q: Is it permissible to perform Salaat while facing a mirror?

A: It is discouraged to perform Salaat facing a mirror as it may distract one from concentration in Salaat. (Nurul Idhaah pg.88)

Q: Upon whom is Qurbani (sacrificing an animal) compulsory?

A: Sacrificing an animal is compulsory upon every adult and sane Muslim who possesses minimum Zakaatable wealth (Nisaab) on the 10th of Dhul Hijjah.

It is not necessary to have the wealth for one year as in the case of Zakaat. (Shaami vol. 6 pg. 312; HM Saeed)

Q: What is the Shar’ee ruling of having one’s Qurbaani (sacrificial animal) done in a foreign country?

A: In order to personally experience the spirit and essence of Qurbaani, it should be done locally. However, since our brothers and sisters in other parts of the world suffer poverty and hunger, we should also consider them and have our Qurbaani done there as well.

Q: Is it permissible to stun an animal before slaughtering?

Q: Due to many negative factors, for example, blood clotting, stunning without any reason is Makrooh (reprehensible). (Shaami vol.6 pg.296; HM Saeed)

If the animal is wild and uncontrollable, then only will one be excused for stunning the animal. The sacrifice will be valid only if the animal was alive at the time of slaughtering after the stunning.

Q: About six months ago, I married a Christian woman. I have a concern that should she mother my children, they (my children) might not be raised Islamically. Can I divorce her due to this concern?

A: It is surprising that you address such a major concern only after marrying the person. Marriage is a major step in life. You ought to have understood the implications of marrying such a person before marriage.

However, since you have already married the person in question, we advise you to exercise caution in your intention of divorcing her. The wisdom of the permissibility of marrying a woman from the Ahlul Kitaab (Jews and Christians) is to use one’s influence to convert her to Islam. Divorcing her may have a devastating effect on her as well as have a negative image of Islam and Muslims. Unfortunately, many Muslim men marry Christian women and divorce or abandon them after abusing them. Your marriage is young and you should apply wisdom and invite her towards Islam. However, if after making an effort to do so, you are unsuccessful and you are almost certain that she will be an unsuitable mother for your children, then you should make Istikhaara (seek Divine guidance) in discontinuing the marriage.

Q: Alexander the Great, is he the Dhul Qarnayn mentioned in the Qur’aan?

A: There were many famous historical personalities by the name of Alexander (Sikander). The one generally referred to as ‘Alexander the Great’ was a Greek commander who was a Mushrik (polytheist). He also was the student of the famous greek philosopher Aristotle.

It is established from the Qur’aan that Dhul-Qarnayn was a pious Muslim, and according to some, he was a Prophet. Therefore, Dhul Qarnayn was not ‘Alexander the Great’. According to the renowned Mufassir, Ibn Kathir, Dhul Qarnayn was Alexander who appeared approximately 2000 years before ‘Alexander the Great’ (Ma’ariful Qur’aan vol.5 pg.618)

Q: In our area there is no Musjid, we have hired a house and converted it into a Jamaat Khana where five times Salaat is performed. During Ramadhaan, we observed Sunnat I’tikaaf in the Jamaat Khana. We were told that the I’tikaaf was invalid as it was not observed in a Musjid. Kindly comment.

A: The Sunnah I’tikaaf observed in the Jamaat Khana of your area was valid. (Masaail I’tikaaf, Muhammad Raf’at Qaasmi pg.32). However, we advise that an effort be made to establish a Musjid in that area.

Q: Does an illegitimate child inherit from the Estate of his/her father/mother?

A: According to the Shari’ah, an illegitimate child will be attributed only to the mother. (Shaami vol.23 pg.489; HM Saeed). Therefore, the child will inherit from the mother only. The biological father may make a bequest (maximum of one third of the estate after funeral expenses and debts) in favour of his illegitimate child.

Q: I have discharged my Zakaat to a reputable organisation, but I have discovered that they bank the Zakaat money and distribute it during the coming year as the need arises. Is my Zakaat discharged by merely giving it to such an organisation?

A: If Zakaat is due upon an individual, he/she should exercise precaution by personally discharging the Zakaat to a recipient of Zakaat. If an organisation was deputed to discharge the monies, they should do so immediately.

It is incorrect for them to withhold Zakaat monies especially when there are innumerable Zakaat deserving cases, many of whom are being unjustly turned away from reputable organisations. The organisation is your Wakeel (deputy) in discharging your Zakaat. If they did not do so, your Zakaat will not be discharged. Should anything unfortunate happen to the monies, for example, theft etc. or incorrect dispensation, you will have to discharge your Zakaat again.

Q: Is it permissible to use the Internet facility belonging to the company for personal use?

A: It is not permissible to violate the rules and principles of the company by using the internet for personal use without prior consent from the company.

Q: I have read in a book that if there is an outstanding debt of R120,000 on a house worth R120,000 the entire amount is exempt from Zakaat. Is that correct? If that is the case, one will not pay Zakaat for many years.

A: The ruling contained in that book is incorrect. Only the amount that is due for one year will be regarded as a liability. (Shaami vol.3 pg.177; Lebanon)

Q: Does changing a baby’s diaper invalidate the Wudhu?

A: Wudhu does not break by changing a baby’s diaper. (Shaami vol.1 pg.134; HM Saeed)

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 Qur’aan and make Tawaaf.

Q: I am a mother of three children. My husband is a traveller, and often he is out of home for many days. In his absence, I experience the following difficulties due to not being able to drive: i) Lift for my children going and returning to school, ii) Going to the Doctor, iii) Purchasing basic necessities.

In view of the abovementioned and other similar difficulties, is it permissible for me to drive?

A: In principle, a female should stay within the confines of her home. It is not permissible for her to emerge from her home without dire need and necessity and without observing Hijaab (Purdah).

In dire need and necessity (approved by the Shari’ah), it is permissible for a female to drive within 88 km. with the following conditions: i) There is no alternative, ii) There is no apparent fear of life/respect; and, iii) Adhering to the laws of Hijaab. (Al-Ashbah Wannazaair pg.252; Idaratul Qur’aan)

It is not permissible for a female to drive in the absence of any one of the abovementioned conditions.


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