Q: Every year before Valentine’s day - February 14
- the media kindles our emotions to express love to our
dear ones. As a wife, my husband expects me to present
him a gift on that day. Kindly explain the Shar’ee
ruling on exchanging gifts especially on Valentine’s
day.
A: Valentine’s day has its roots in the
Christian religion. It was established to mourn the
death of a Roman priest, St. Valentine of the third
Century AD. (Sunday Tribune 6/2/2000)
Since Valentine’s day was initially associated with
Christianity, the expression of love in the form of
exchanging Valentine’s gifts on that day will not be
permissible. Rasulullah (Sallallaahu Alayhi Wasallam)
said, ‘Whosoever imitates a nation, is amongst them.’
(Abu Dawud pg.559; HM Sa’eed)
Q: It is permissible to purchase and sell gifts,
cards, tumblers, etc. specifically prepared for
Valentine’s day?
A: It is not permissible to purchase or sell
gifts specifically prepared for Valentines.
Q: A few years ago, I performed Hajj. After
completing Umrah, I performed another Umrah. I am told
that it is not permissible to perform an additional
Umrah while making Tamattu Hajj as this invalidates the
Tamattu Hajj. Is this true?
A: If a person performs Umrah of Tamattu and
thereafter performs another Umrah before performing
Hajj, his Tamattu Hajj will be valid. (Muallimul Hujjaaj
pg.256; Idaaratul Qur’aan)
Q: Is it permissible for women to trim each
other’s hair in order to come out from the state of
Ihraam, i.e. after all the acts of Hajj are complete and
only the trimming of the hair remains?
A: When a person, male or female, completes all
the acts of Hajj before coming out of Ihraam, the Muhrim
(person in the state of Ihraam) may cut his own hair or
another person’s hair even though the other person is
also a Muhrim. There will be no penalty for that. (Muallimul
Hujjaaj pg.205; Idaratul Qur’aan)
Q: Is it permissible for women to wear jewellery,
socks, or gloves in the state of Ihraam?
A: It is permissible for women to wear jewellery,
socks and gloves in the state of Ihraam but this is
undesirable. (Mu’allimul Hujjaaj pg.124; Idaratul
Qur’aan)
Q: Which parts of a non-Zabiha animal
(cow/chicken/goat, etc.), are considered pure?
A: a) Feathers, b) Beak, c) Bone, d) Milk, e)
Eggs, f) Hooves. (Bahr al-Raaiq vol.1 pg.106; Rasheed
Trust). The byproducts of such parts will be pure even
if the animal is not slaughtered according to the
Islamic Laws of Zabah. (Ibid)
Q: What is the ruling of walking in the Musjid in
front of a person performing Salaat?
A: If a person is performing Salaat in a big
Musjid, it will be permissible for one to walk two or
three rows in front of the person who is performing
Salaat. If it is a small Musjid, then it will not be
permissible to walk in front of the person who is
performing Salaat. A big Musjid is, at least, 335 square
meters or more. (Ahsanul Fataawa vol.3 pg.409; HM Saeed)
Q: Is it permissible to ban a habitual thief from
the Musjid when one of the conditions of a Musjid is
Izn-e-Aam (general permission)?
A: It is permissible to prevent a habitual thief
from coming to the Musjid. (Shaami vol.1 pg.661; HM
Sa’eed)
Q: A person who is a Musaafir joins the Imaam and
did not know the Imaam was also a Musaafir. When the
Imaam made Salaam after two Rakaats of Dhuhr Salaat, the
follower stands up and completes four Rakaats. What is
the condition of his Salaat?
A: If the Muqtadi (follower) is a Musaafir and
he is sure that the Imaam is also a Musaafir, then he
should terminate his Salaat with the Imaam. If the
Muqtadi is in doubt as to whether the Imaam is a
Musaafir or not, he should complete his Salaat with the
Imaam and thereafter ascertain the position of the Imaam
being a Musaafir or not. If he was a Musaafir, the two
Rakaats Salaat behind the Imaam will be valid. If the
Imaam was a Muqeem, then the Muqtadi’s Salaat will be
invalid. The Muqtadi will have to repeat the Salaat. (Imdaadul
Ahkaam vol.1 pg.723)
Q: Is it permissible to touch the translation of
the Qur’aan without Wudhu?
A: In principle, if the actual verses of the
Qur’aan are more than the commentary, then it is not
permissible to hold the Qur’aan without Wudhu.
If the commentary is more than the actual verses of the
Qur’aan, then it will be permissible to hold the Qur’aan
without Wudhu. In any event, the commentary being more
than the actual verses of the Qur’aan or not, it is not
permissible to touch the actual words of the Qur’aan. (Tahtaawi
vol.1 pg.47; Qadeemi)
Q: What is the Shar’ee ruling on wearing wedding
gowns by the bride on the day of her wedding?
A: Rasulullah (Sallallaahu Alayhi Wasallam) is
reported to have said that the Nikah which has the most
amount of blessings is the one in which the least amount
of expenses are incurred. (Mishkaat pg.268; Qadeemi)
Nikah is a very sacred worship and invokes Barakah and
blessings of Allah Ta’ala. Hence, every possible effort
should be made to perform the Nikah according to the
Shari’ah. The wearing of a wedding gown has the
following un-Islamic factors; a) It is generally very
expensive and a waste of money. That is against the
spirit of the above quoted Hadith. b) The gown is
generally worn when the reception is at a hall, wherein,
generally, there are many un-Islamic factors,
intermingling of sexes, etc. and the bride in her gown
is the centre of every person’s attraction including
Ghayr Mahram (not prohibited in marriage) males.
Anything un-Islamic is void of Barakah and blessings of
Allah Ta’ala.
Q: Is it permissible to kill spiders? I heard we
should not kill spiders as a spider constructed a webb
to protect Rasulullah (Sallallaahu Alayhi Wasallam) in
Ghaar-e-Sawr (cave of Thawr).
A: The Ulama have differences of opinion with
regards to the killing of spiders. Some Ulama dislike
the killing of spiders due to it having made a webb at
the cave of Thawr for the protection of Nabi (Sallallaahu
Alayhi Wasallam). This is also the view of Hadhrat Ali (Radhiallaahu
Anhu). However, Tha’laby and ibn Atiyya have narrated
another narration of Hadhrat Ali (Radhiallaahu Anhu),
‘Cleanse your homes from the webbs of spiders as leaving
it creates poverty.’ The second view is supported by
those Ahaadith which suggests a person to keep his homes
and courtyards clean.’ (Ma’ariful Qur’aan part6 pg.682;
Darul Kitab)
Q: Silk was disliked by Rasulullah (Sallallaahu
Alayhi Wasallam) because people used it to show off
their wealth and status. Such a behaviour is repugnant
in Islam. But now silk is artificial and cheap. What is
the significance of this prohibition, and should we
still stick to the literal meaning of the Ahaadith in
our modern and advanced times?
A: Firstly, the prohibition of wearing silk
applies to men only. Women are permitted to wear silk.
Secondly, all the laws of the Shari’ah have a raison
d’etat or Illah. The Illah of any rule has to be
established from either the Qur’aan, Sunnah, Qiyaas
(analogy) and Ijmaa (consensus). (Nurul Anwaar)
You state, ‘because people used it to show off their
wealth and status’, what is the proof that this in fact
is the Illah? At most, we can say that this may be one
of the wisdoms and benefits of the prohibition of silk.
The prohibition applies to real silk, whether it is
expensive or cheap.
The prohibition of showing off one’s wealth is
established from many Aayaats of the Qur’aan and
Ahaadith of Rasulullah (Sallallaahu Alayhi Wasallam).
The Hadith prohibiting silk, by way of inference,
supports this point. However, the literal meaning of the
Hadith still applies.
Q: A person buys a watch in 1990 and paid R600. He
then gave the watch to a watchmaker to repair. After ten
years, the watchmaker claims he lost the watch. Today,
that watch is valued at R1,000. Should the watchmaker
pay him today’s value of the watch or the price he paid
for it in 1990?
A: The watchmaker will only be responsible to
pay for the watch if he was neglectful in anyway. If he
was not neglectful, and took care of the watch in a fair
manner, and thereafter it went missing, he will not be
responsible for the watch.
If the watchmaker was negligent and that led to the
watch being lost, he should firstly try and replace the
watch. If such a watch is unavailable in the general
market, then he will have to pay its price when it was
last available in the market. (Shaami vol.5 pg.128;
Rashidiyya)
Q: I owed R5000 to Ahmad. As a guarantee, I left
with him a box of stamps valued at R10,000.
Subsequently, I paid the debt. After payment of my debt,
I asked him to return the stamps on three occasions, but
he did not do so. He passed away after that. Recently, a
sum of R5000 was paid to Ahmad. That amount has come to
my hands without the knowledge of Ahmad’s heirs. Am I
entitled to take this money in lieu of the stamps?
A: The box of stamps as a collateral for the
loan is termed as Rahn in Shari’ah. According to the
laws of Rahn, the creditor is responsible for the loss
of the collateral after the settlement of the debt. (Shaami
vol.6 pg.482; HM Saeed)
In principle, if the collateral exceeds the amount of
the debt, the creditor would be liable only for the
amount of the debt. (Ibid pg.480) The excess, being an
Amaanat (trust), does not carry liability. However, if
he was guilty of Ta’addi (offense or infringement), he
will be liable for the excess as well. (Hidaya Part2
pg.522; HM Saeed) Unjustly withholding the item from its
owner, despite repeated requests to hand it over
constitutes Ta’addi.
Therefore, you are entitled to lodge a claim against the
estate of the creditor. If there is fear that you will
not receive payment from the estate, you may keep the
sum in lieu of your debt against the estate.
Q: What are your views on the book, ‘Remedies from
the Holy Qur’aan’, by Moulana Ashraf Ali Thanwi? It
contains many remedies from the Qur’aan.
A: The Qur’aan is a cure for mankind. On grounds
of experience, Ulama have recommended certain verses of
the Qur’aan for certain ailments. Many of these remedies
have been tried and tested successfully over the years.
If any of these Qur’aanic remedies fail to work, it does
not mean that the remedy is deficient. The degree of
sincerity and confidence of the person employing the
remedy plays a major role in the success of the remedy.
Sometimes, it wouldn’t work because Allah Ta’ala has
decreed otherwise.