|
Q: Is it permissible to purchase,
sell and/or consume easter eggs and bunnies?
A: According to the Encylopaedia Britannica, the easter
egg along with the easter bunny are popular customs
reflecting many ancient pagan survivals. (britannica.com).
Apart from this, the egg and the Easter lamb have deep
significance in the Christian faith. (Holy Cross
Catholic Church; britannica.com).
It is not permissible to purchase,
sell and/or consume Easter eggs and bunnies. The
proceeds from the sales of easter eggs and bunnies will
be Haraam. The same ruling applies for Hot Cross Buns.
Q: What is the Shar’ee ruling of
determining characteristics of people through the
zodiacal signs?
A: The Zodiacal signs evolved from the ancient Babylonia
and moved into China, India, the West, etc. They in turn
added their traditions and practices to it. Being
conceptualised by man and based on traditions and myths
that are man made, it cannot be used to make a judgement
that people born under the same sign share the same or
similar characteristics.
Zodiacal signs being the tools of
fortune-tellers and soothsayers rules out the use of
these signs as stated in a Hadith "Whoever goes to
a fortuneteller or soothsayer and believes in what he
says then he has disbelived in what has been revealed to
Muhammad (Sallallaahu Alayhi Wasallam). (Mishkaat
pg.393; Qadeemi)
Q: Kindly explain the Shari’ah
ruling of fantasising about a non-Mahram (prohibited in
marriage) woman?
A: To fantasise about a non-Mahram woman is Haraam and
tantamount to committing Zina with the heart and mind.
Allamah Shaami states, ‘just as it is Haraam to look
at that which is not permissible, it is also Haraam to
fantasise over that.’ (Raddul Mukhtaar vol.5 pg.263;
Rashidiyya)
Q: Is it permissible to use live bait
for fishing?
A: It is not permissible to use live bait for fishing as
this causes pain and suffering to the creature. (Fataawa
Mahmoodiya vol.2 pg.397). Hadhrat ibn Umar (Radhiallaahu
Anhu) narrates that Nabi (Sallallaahu Alayhi
Wasallam) cursed the person who uses any living
creature as a target. (Muslim vol.2 pg.153; Rashidiyyah).
Hadhrat Jabir (Radhiallaahu Anhu)
narrates that Nabi (Sallallaahu Alayhi Wasallam)
prohibited killing any living creature as ‘Sabran’.
(Ibid) Imaam Nawawi (Rahmatullaah Alayhi) explains the
term ‘Sabran’ as ‘to restrain it in a manner that
facilitates its killing.’ (Sharhul Kaamil, Ibid)
Q: A woman suffers from severe
headaches and colds due to often washing of her hair in
Fardh Ghusl (obligatory bath) after intercourse with her
husband. Is it permissible for her to make Masah (wipe)
instead of washing the head?
A: It is permissible for such a woman to make Masah of
the head. Allaamah Shaami states, ‘A woman should not
withhold herself from her husband, i.e. out of fear of
falling ill due to Ghusl (bath) becoming obligatory upon
her. Rather, she has been granted concession regarding
the washing of her hair.’ (Shaami vol.1 pg.153; HM
Saeed)
Q: I will be taking a flight overseas
(Canada to Pakistan) and I want to know how to perform
my Salaat. There will be a few stop-overs, but the
flight will be 16 hours in total.
A: If any Salaat time approaches during the flying time,
that Salaat should be performed on the plane. You should
inform the flight attendants of your religious
obligation and request them to facilitate for you by
arranging an isolated corner to perform your Salaat. In
our experiences of traveling by plane, we have observed
that flight attendants of all flights are very
accommodating. However, due to their responsibilities,
we should co-operate with them as well.
You should calculate the Salaat times
during your travel and every Salaat should be performed
timeously. If there will be stop-overs and if the
passengers are not required to be on board the plane,
then you should perform the Salaat of that time in the
transit lounge of the airport.
Q: There are three partners in a
business. One of the partners is old and ill. The other
two have proposed to buy his share. The one partner has
agreed to sell his share in instalments over a period of
5 years. What is the Shar’ee ruling if the seller
passes away before being fully paid? Is the purchase and
sale agreement still binding or does the whole amount
become due immediately on the death of the seller?
A: The heirs of the seller are bound to honour the
purchase and sale agreement of paying in instalments
made by the seller during his lifetime. (Shaami vol.4
pg.532;HM Saeed, Bahr al-Raaiq vol.5 ph.280; Rashidiyyah)
However, the purpose of such a deal
should not be to deprive the heirs of the selling
partner of their immediate right upon the death of the
selling partner.
Q: I am proposed to a girl. Our
families want us to marry only next year. Since we are
seeing each other, can we perform a secret marriage to
avoid committing adultery and officially marry next
year?
A: Rasulullah (Sallallaahu Alayhi Wasallam)
advised, ‘Announce the Nikah.’ (Mishkaat pg.272;
Qadeemi)
The wisdom behind the announcement is
to avoid any misconception of an illegal and illicit
relationship between the boy and girl. Although the
first and secret marriage for the purpose of legalizing
intimacy will be valid, but we are also advised to
abstain from doubt and disgrace. If the Nikah is not
announced, people witnessing the relationship will
regard the relationship as Haraam and illegal.
Furthermore, what if the girl
conceives and gives birth before the official ‘second’
marriage? The negative factors surrounding that as well
as the child for the rest of his/her life are well
known. Therefore, we advise that if there is a dire need
to fulfil one’s desires, the Nikah be expedited to
avoid the abovementioned negative factors of a secret
marriage.
Q: I have been in love with a girl
for the last 5 years. We wanted to get married, but her
family did not agree. They forced her to get married to
someone else. Her husband started to beat her
from the first day they got married. She does not love
him nor feels comfortable with him at all. After 2 years
she got in touch with me and requested for help. I
still love her and she also feels the same way about me.
I want to know what we should do now? Kindly advise.
A: At the outset, remember the woman in question is
somebody else’s wife. Communicating with her, and
moreso expressing love to her is totally Haraam. Your
expression of love to her will only complicate matters.
Your personal interests will govern your approach, and
you will not deal with the issue in a rational manner.
We advise you to remove hopes from your heart of having
a relationship with her.
Thereafter, if she does not approach
you, simply move on with your life and forget about her.
If she approaches you for help, then offer her good
advice as you would offer any Muslim sister in distress.
Encourage her to make the marriage work and get the
local Ulama to speak to her husband.
Her husband should be given a chance
to mend his ways. Allah Ta’ala knows exactly what your
intention is. The test of sincerity is that you make Du’aa
from the bottom of your heart that her husband changes
his ways and lives happily with her.
Q: When performing Wudhu, how should
the beard be washed?
A: If the beard is thick, it will suffice to pass the
wet fingers through it and if the beard is sparse, then
it is necessary to wash the skin beneath it. (Shaami
vol.1 pg.117; HM Saeed)
Q: Kindly explain in detail what is
Khul'a. Will the Khul'a be valid if the husband does not
agree?
A: Khul'a is defined as follows: ‘his (husband’s)
acceptance of wealth in exchange of his possession (of
the woman’s hand) in the marriage. (Fathul Qadir vol.6
pg.57; Rashidiyya).
The following verse forms the basis
of Khul'a: ‘If you fear that they (the spouses) may
not uphold the boundaries of Allah, then there is no
harm upon the two of them (spouses) in the ransom
offered by her (wife).’ (1:229)
Ibn Abbaas (Radhiallaahu Anhu)
narrates that the wife of Thabit ibn Qais (RA) came to
Nabi (Sallallaahu Alayhi Wasallam) and said, ‘Regarding
Thabit (Radhiallaahu Anhu), I do not fault his
character nor his Deen (religion), but I fear being
ungrateful in Islam. I want to return his garden to him
(in exchange of Talaaq).’ Nabi (Sallallaahu Alayhi
Wasallam) asked, ‘Do you really want to do this?’
she replied, ‘Yes’. Nabi (Sallallaahu Alayhi
Wasallam) said (to her husband), ‘She wishes to
return your garden to you (in exchange for Talaaq). He
asked, ‘Do I have the right to (accept it)?’ Nabi (Sallallaahu
Alayhi Wasallam) replied, ‘Yes’. He said, ‘Then
I accept (the garden in exchange of the Talaaq). (Musannaf
Abdul-Razzaak vol.5 pg.391; HM Saeed)
The above can be further understood
by the following: 1. Allaamah Kaasaani (RA) states ‘contracting
for Talaaq by means of an exchange.’ (Badaai-us-Sanaaie;
Ahsanul Fataawa vol.5 pg.382). 2. Imaam Zaylaa’ee (RA)
states, ‘None of them have the right to compel their
partner against their will.’ (Tibyaanul Haqaaiq;
Ahsanul Fataawa vol.5 pg.382; HM Saeed) 3. Shamsul
Aimmah Sarakhsi (RA) stated, ‘Khul'a is permissible in
the presence of the Sultan, i.e. presiding authority, or
anyone else, because it is a contract based on mutual
agreement like all other contracts.’ (Mabsoot; Ahsanul
Fataawa vol.5 pg.385; HM Saeed)
From the above quotations of the
noble Qur’aan, Ahaadith and Fiqh (jurisprudence), it
is clear that Khul’a is a contract by mutual consent
between the husband and wife. The wife cannot
unilaterally institute Khul’a without the consent /
agreement of the husband. However, if the husband is
spiteful and withholds the divorce, the wife may contact
a reliable Judicial committee to annul the marriage. If
there are valid grounds, the annulment will be
considered.
Q: Is it permissible to use utensils
that have gold design and linings at the edge?
A: It is permissible to use such utensils.
[ Back ] [ Next ]
|
