|
Q: What is the correct view on the
date of Rasulullah’s (Sallallaahu Alayhi
Wasallam) birth and demise?
A: According to the majority
opinion, Rasulullah (Sallallaahu Alayhi Wasallam) was
born in the month of Rabi-ul-Awwal, in the year of the
elephant. The day of his birth was Monday.
Hadhrat Abu Qataadah (Radhiallaahu
Anhu) narrates that Rasulullah (Sallallaahu Alayhi
Wasallam) was asked regarding the fast of Monday. He
replied, ‘It is the day I was born and also the day
when the first revelation was sent upon me.’ (Muslim
vol1 pg.368; Deoband).
There are differences
of opinion on the date of Rasulullah’s (Sallallaahu
Alayhi Wasallam) birth. Allaamah Kawthari (RA) prefers
the 9th of Rabi-ul-Awwal. (Maqaalaatul Kawthari pg.405 -
207). Allaamah Qastalaani (RA) states that the majority
of the Muhadditheen and historians have also preferred
the 9th of Rabi-ul-Awwal.
Rasulullah (Sallallaahu
Alayhi Wasallam) passed away in Rabiul-Awwal on a
Monday. As regards the date of his demise, there are
three opinions: 1, 2 and 12 Rabi-ul-Awwal (Bidaaya Wan
Nihaaya vol.5 pg.275)
The 9th Dhul-Hijjah
(day of Arafah) in the year 10AH (the year which
Rasulullah (Sallallaahu Alayhi Wasallam) performed Hajj)
was a Friday. If the months Dhul-Hijjah, Muharram and
Safar, all were 30 days, or 29 days or some 29 and
others 30 days, the 12th Rabi-ul-Awwal did not fall on a
Monday. Therefore, the preferred view of the date of
Rasulullah’s demise is the 1st or 2nd Rabi-ul-Awwal.
Ibn Jarir (RA) prefers the 1st Rabi-ul-Awwal while Ibn
Hajar prefers the 2nd Rabi-ul-Awwal. (Al-Mawaahib with
Zarqaani vol.1 pg.131)
Q: Is it permissible for the husband
to view the face of his wife after her death and can he
assist in the burial process?
A: It is permissible for a
husband to view the face of his wife after her demise.
He may also assist in the burial procedure, e.g.
lowering the body in the grave, etc.
However, direct skin
contact after the demise of his wife is not permissible
as the Nikah has terminated. (Ahsanul Fataawa vol.4
pg.225)
Q: How should paper material
containing verses of the Qur’aan, Ahaadith and Allah’s
names be disposed off?
A: Any material containing
translations or transliterations of Qur’aanic verses,
Ahaadith and Allah’s name, for example, Jazaakallah,
Assalaamu Alaykum, etc. should be disposed off by
burying them. Burning is also permitted though not
preferable. (Fataawa Mahmoodiyyah, vol.1 pg.17)
Q: How should unwanted hair and
clipped nails be disposed off?
A: The hair and nails may be
wrapped in a piece of paper or cloth and disposed off at
a place that is free of impurities. It is also better
and advisable that the hair be cut into small pieces
before disposal. (Fataawa Mahmoodiyyah vol.9 pg.402;
Mazhari).
Q: Kindly explain in detail the Shari’ah
laws of performing Qadhaa Salaats. Your advice in
fulfilling the Qadhaa Salaats will be appreciated.
A: Qadhaa is made only for Fardh
and Witr Salaats.
In calculation, there
will be six (6) Salaats per day, one hundred and eighty
(180) Salaats per month, two thousand, one hundred and
sixty (2160) Salaats per year. Calculate the number of
missed Salaats from the time of Buloogh (maturity). If
one is unable to calculate the actual number of missed
Salaats, due to not having any records, then he/she
should apply his/her honest discretion in calculating
the missed Salaats.
It is not permissible
to give Fidyah (monetary compensation) for the missed
Salaats if one is able to fulfil the Qadhaa Salaats. The
Fidya for each missed Salaat is the same as Sadaqatul
Fitr (approx. R7.00). The approximate amount for the
missed Salaats for one year will be (approx. R15,000). A
bequest should be made during one’s lifetime to pay
the Fidya for the unfulfilled Qadhaa Salaats from one
third of one’s estate after fulfillment of debts.
Thank Allah Ta’ala
for giving you the concern to fulfil the missed Salaats.
How will one face Allah Ta’ala on the day of Qiyaamat
should he/she pass away without fulfilling the Qadhaa
Salaats? An easy method to fulfil the Qadhaa Salaats is,
after each daily Fardh Salaat, for example, after Dhuhr
Salaat of today, perform one Dhuhr Qadhaa Salaat.
Q: A woman covers her head with a
white see-through scarf. Is the requirement for Hijaab
fulfilled by covering her hair with such a scarf?
A: Allah Ta’ala says, ‘They
(females) should not make apparent their adornment.’ (Nur
30).
The word, ‘adornment’
refers to ‘places of adornment, e.g. hair, ears, neck,
etc.’ (Ma’riful Qur’aan vol.6 pg.384; Darul Kutub).
Allaamah ibn Katheer (RA) has expressly included ‘Dhawaaib’
(locks of hair) under the word adornment. (Ibn Katheer
vol.3 pg.294; Darul Ma’rif). In view of the above, it
is imperative that the hair must not be seen at all.
Wearing a thin scarf wherein the hair, being an area of
adornment, is exposed is contrary to the above mentioned
order of Allah Ta’ala.
Q: My wife is pregnant. Alhamdulillah,
she has been consulting a female doctor. However, if a
female is not available to administer the epidural, can
a male administer the epidural? If so, how should she
conduct herself at that time?
A: It is permissible for a male
physician to administer the epidural injection. However,
it may be helpful to request to the staff and her
OBY-GYN doctor to first prepare your wife to receive the
epidural by covering her in hospital sheets etc.,
leaving only that area of the body (a small window) to
receive the epidural. As a further precaution, you may
ask to be present during the procedure.
Q: Zayd leases out his property for a
period of twenty years to Bilaal. After five years, Zayd
decides to sell his property to Hasan. Is Hasan obliged
to honour the contract which Zayd concluded with Bilaal
or can Hasan terminate the lease?
A: Zaid is obliged to honour the
contractual agreement of twenty years between himself
and Bilal and he cannot unilaterally repudiate the
contractual agreement before the twenty year period.
Therefore, the purchase and sale agreement between Zaid
and Hassan will be pending (Mawqoof) until the expiry
period of the contractual agreement. (Ahsanul Fataawa
with reference to Shaami Vol.7 pg.272; HM Sa’eed)
Q: From November 1, 2000, the FNB
began to levy a charge of R50.00 + vat on customers who
deposit cheques into their account which are returned
unpaid. If a customer gives me a cheque of R200 which is
returned unpaid due to insufficient funds or some other
reason, the bank will debit my account with R57.00
(R50.00 + 7.00 vat). Is it permissible for me to recover
the full amount of R57.00 from the Customer? It should
be noted that most businesses reclaim the vat on bank
charges when submitting their vat returns.
A: It is permissible for you to
recover the full amount of R57.00 (Bank charges + VAT)
from the customer. In such a situation, the dealer
cannot reclaim the VAT of R7,00 as VAT returns.
Alternatively, the dealer may recover only R50,00 (Bank
charges) from the customer and reclaim the R7,00 as VAT
returns.
Q: Zayd approaches Umar, and requests
him to enter into a partnership deal on an equal profit
sharing basis. Umar agrees and Zayd gives him R1000 to
invest as he deems fit. Umar invested the money in his
own business. The stocks in trade was R9000 before Umar’s
investment and R10,000 after the investment.
How should the profits be shared, one tenth of the
profits from R10,000 or only half of the profits from
R1000?
A: The partnership is in the
profits from R1000 only. Upon dissolving the
partnership, the capital of R1000 must be returned to
Umar and 50% profits from the R1000 capital as agreed.
Umar is not entitled to one tenth of the profits from
R10,000
Q: What is the Shar’ee ruling on
studying Actuarial Sciences (financial probabilities)?
A: Allah Ta’ala says, ‘And
help one another in virtue and piety and do not help one
another in sin and oppression.’ (Maaidah 5:2).
Abdullah ibn Masóod (Radhiallaahu Ánhu) narrates that
Rasulullah (Sallallaahu Álayhi Wasallam) advised, ‘Do
not take a commitment (profession, business, etc.) that
will involve one in acquiring the world (over religious
obligations). (Mishkãt pg.441; Qadeemi).
In view of the above,
it is permissible, in fact ideal for a person to
practice a profession without him compromising his
religious obligations. However, in a conflict between
his professional duties and religious obligations,
preference should be given to religious obligations.
As an Actuarist, if
one will be advising in un-Islamic activities, for
example, interest-related transactions, insurances, etc.
then it is not permissible.
If one will not be
advising in un-Islamic activities or advising Muslim
clients to assist them to come out from un-Islamic
transactions, for example, interest, etc. then it will
be permissible and in fact an act of virtue.
In short, to be an
Actuarist is permissible and much depends on which
avenue one practices upon.
Q: A person building a house seeks
the advice of his architect to design the interior of
his house. Is it permissible for the architect to set up
a business which would buy the product and resell it to
the client at a profit? The client can choose the
products from samples and catalogues and make the final
choice. He would then order the product and either pay
for it, or ask the client to deposit the money into the
account of the business and then supply the items to the
client. Of course, he would not like the client to be
aware of his personal involvement in the business.
A: It is permissible for the
architect to set up a business that purchases and sells
products to his clients. The Shari’ah rules and the
principles governing the set-up business will be
according to the nature of the business, Buyoo (buying
and selling), Shirkat (partnership), Dallaal (agency),
etc. However, since the client depends and trusts the
guidance of his architect, he should place the interest
of his client above his personal interest and offer his
honest and sincere guidance. Thereafter, if the client
decides to make his purchases from the set-up business,
the income from the purchases of the client will be
Halaal for the architect.
It is not necessary
but advisable that the client be informed of the
architects involvement in the business. Honesty and
transparency in dealings attracts the blessings and
Barkat of Allah Ta’ala.
[ Back ] [ Next ]
|
