November  2001

Q: There are many poor and needy people eligible to accept Zakaat. Who should we give preference to? Kindly give us some guidelines of preferences in distributing Zakaat.
A: Rasulullah (Sallallaahu Alayhi Wasallam) advised Hadhrat Mu’aadh ibn Jabal (Radhiallaahu Anhu) to collect Zakaat from the wealthy people of Yemen and distribute it to the poor and needy people of Yemen. (Mishkaat pg.155; Qadeemi)

In view of this Hadith, the Fuqahaa (jurists) have ruled that the wealthy should distribute their Zakaat to the poor and needy people of their own localities. It is Makrooh-e-Tahrimi (next to Haraam) to distribute one’s Zakaat in another locality without a valid reason in Shari’ah. (Tahtaawi alaa Maraaqiul Falaah pg.394; Qadeemi). Hereunder are the valid reasons of giving preference over one’s locality in sequence: a) Relatives - according to Shaykh Abu Hafs Kabir (RA), a person’s Zakaat is not accepted if he distributes it elsewhere while his relatives are in need. b) Students seeking Islamic education, for example, in Darul Ulooms, etc. c) The poor elsewhere are more in need than the local people (Ibid).

If the above three are in one’s own locality or country, then they should certainly be preferred.

Q: Is it permissible for a female who is fasting but expecting her periods to use tampons?
A: It is not permissible for a female to insert a tampon whilst fasting. She may insert it before commencing the fast at Sehri time. (Fataawa Raheemiyyah vol.2 pg.38; Rahimiyya)

Q: Kindly explain when does vomit invalidate fasting.
A: The Fuqahaa have explained different types of vomit. We hereby simplify them as follows: Uninduced (involuntary) or induced. Each of the two could either be mouthful or less than a mouthful. Thus, there exist four possible cases: (a) Uninduced - mouthful, (b) Uninduced - less than a mouthful, (c) Induced - mouthful, (d) Induced - less than a mouthful.

The vomit in each of these cases could either: a) Exit from the mouth, b) Unintentionally swallowed, c) Intentionally swallowed.

Only two situations invalidate the fast, a) Uninduced - mouthful - intentionally swallowed, b) Induced - mouthful irrespective of whether it is swallowed or not. (Darse Tirmidhi vol.2; Darul Uloom Karachi)

Q: Kindly explain the Shar’ee view regarding Zakaat on debts.
A: The Fuqahaa have categorised debts into three categories: a) Qawiy (strong), b) Wast (medium), c) Dhaeef (weak).

A strong debt is when the debtor confesses the debt or denies it but the creditor has sufficient proof to claim the debt. The example cited by the Fuqahaa of a strong debt is the amount owed in lieu of a loan or in lieu of the sale of a commodity in a business. A medium debt is the amount owed in lieu of the sale of one’s household possessions, for example, old furniture, used clothes, etc. A weak debt is the amount owed which is not in lieu of any commodity, for example, dowry being in exchange of marriage.

Zakaat on a strong debt is due if at least one fifth of the Nisaab amount is recovered provided the total debt is, equivalent to the Zakaat Nisaab or more and one year had passed on the debt. For example, if the Nisaab is R1000 and the loan is R2000, then upon being paid R200 (one fifth of R1000) then R5 (being one fortieth) of R200 is due. Upon being paid R400, then R10 is due. Zakaat for the past years is also payable. There is no Zakaat on a medium and weak debt until an amount equivalent to the Nisaab is recovered and one year passes over the amount after being recovered. (Tahtaawi ala Maraaqiul Falaah pg.390; Qadeemi). If the recovered amount is not one fifth of Nisaab in a strong debt or not complete Nisaab in a medium or weak debt, then the amount will be joined with other cash (if any) to make up the minimum Nisaab in order for Zakaat to be due. (Shaami vol.2 pg.306; HM Saeed)

Q: Is it permissible for females to use Mirena, a new reversible method of contraception?
A: We have studied the patient booklet on Mirena and according to the information provided in it, it appears that the hormone in the Mirena prevents fertilisation, due to the thickening of the mucus in the cervix (opening of the womb). Therefore, Mirena is similar to any other contraceptive pill.

Some valid reasons in Shari’ah for practising contraception are: a) Extreme physical weakness. b) Adverse political conditions, e.g. children are forcibly separated from their parents. c) The couple decide to separate in the near future due to a marital dispute.

Q: Can Sadaqatul Fitr be given to non-Muslims?
A: Sadaqatul Fitr cannot be given to non-Muslims. (Imdaadul Mufteen pg.464; Darul Ishaat)

Q: What is the solution if an elderly person who is unable to fast but cannot give Fidya (compensation) due to him being poor and needy?
A: If an elderly person is unable to give Fidya (1.6 kg. of wheat or its value) for each missed fast due to being poor and needy, he/she will be excused. (Tahtawi alaa maraaqiul Falaah pg.376; Qadeemi)

A: The Shari’ah has prescribed etiquettes for everything, Nikah, Talaaq, etc. A Muslim ought to follow the etiquettes prescribed for him. If he did not do so, his behaviour will be condemned. Shari’ah has advised that a husband exercise precaution in issuing a divorce and should he decide to do so, it is Mustahabb (desirable) to do so in the presence of two witnesses. However, if the divorce was not witnessed, then too it is valid.

The divorce given by SMS is similar to writing out the divorce. If it is proven that the letter or SMS has been sent by the husband or by his instructions, then it will be valid. (Ahsanul Fataawa vol.5 pg.184; HM Saeed)

Q: Is there any significance in reciting only the verses of Sajda-e-Tilaawat and making Sajdah for each verse recited?
A: Imaam Nasafi (RA) has stated that whosoever recites all the verses of Sajda-e-Tilaawat in one sitting and thereafter makes Sajdah, Allah Ta’ala will remove from him whatever difficulty he is faced with. Each verse of Sajdah may be recited and immediately thereafter be followed by a Sajdah or all fourteen verses of Sajdah may be recited first and thereafter be followed by fourteen Sajdahs. (Tahtawi Ala maraaqiul Falaah pg.272; Qadeemi)

Q: How should a person join the Janaaza Salaat if he is delayed and the Imaam has already completed two Takbeers? Also explain how he should make up for the missed Takbeers.
A: If a person is delayed in Janaaza Salaat and the Imaam is engaged between two Takbeers, he should not join the Imaam immediately, but should wait until the Imaam recites the next Takbeer. He should then recite the Du’aa relevant to that Takbeer (if he is aware which Takbeer it is, 1st, 2nd, etc.) or else, he should recite the Du’aas in their respective order, i.e. 1st Du’aa after his 1st Takbeer and so forth.

He should make up for the missed Takbeers immediately after the Imaam makes Salaam. (Tahtawi alaa maraaqiul Falaah pg.325; Qadeemi) He may omit the Du’aas between the Takbeers if there is fear that the Janaaza will be raised before his completion. Once the Janaaza is raised to a height closer to one’s shoulder than the ground, his Salaat automatically terminates. He should then not complete any missed Takbeers. (Shaami vol.2 pg.218; HM Saeed)

Q: What are the Shar’ee criteria to define any foods as Halaal / Haraam? Is the certification of Halaal authorities, MJC, SANHA, NIHT, etc. a Shar’ee criterion of determining any foodstuffs as Halaal or Haraam? The inconsistent rulings of Halaal and Haraam on the same product from the different Halaal authorising bodies is indeed confusing.
A: According to the Shari’ah, the criterion to determine any food as Halaal or Haraam is the information (khabr) of an Aadil person. (Hidaaya vol.4 pg.454; Ashrafiyya)

An Aadil person is a Muslim who is known to abide by the laws of the Shari’ah and is not a Faasiq (person who transgresses the laws of the Shari’ah). Therefore, if the owner or manager of a food outlet who is well aware of the Shari’ah laws of Halaal and Haraam informs that the food is Halaal, his information may be accepted. His business does not have to be certified by any Halaal authorising body. If the owner/manager gives misleading information, the sin will rest on him.

If the informer is a Mastoor (a person whose condition is unknown), then one may apply his discretion to determine the information to be correct or not and follow his Zann-e-Ghaalib (overpowering thought). (Ibid) The certification of any Halaal authority may serve only as a guideline but is not a Shar’ee criterion to determine anything as Halaal or Haraam.

Q: I run a Motor Spareshop, many customers return the purchased spares after they can obtain them cheaper elsewhere. Can I levy a 10% handling charge due to returns?
A: A dissolution in transaction is termed as Iqaalah. Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘Whosoever makes Iqaalah of his sold item (in particular) from a Muslim, Allah will remove his difficulty on the day of Qiyaamat.’ (Mishkaat pg.250; HM Saeed)

The Fuqahaa (jurists) have stated that Iqaalah is permissible on the original amount. (Shaami vol.5 pg.125; HM Saeed) Therefore, it is not permissible to include handling charges in Iqaalah. In order to avoid the abuse of Iqaalah, the seller may refuse making Iqaalah or alternatively offer to purchase the sold item at a discounted price. It is advisable that the seller prints that in his purchase and sale invoice slip.

Q: As a member of a large family, when we gather and wish to do things collectively, we are faced with the difficulty of different rulings from different Muftis on one issue, which also affects the collectivity of the family. Is it possible that the Muftis issue unified answers that will avoid unpleasant situations?
A: We are busy setting up a Board of competent Muftis who are also actively involved in issuing Fatwas. One of the aims of the board will be to issue unified answers to the community. We shall keep you informed of further developments.

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