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AL-MAHMOOD EIGHTEEN

Dhul-Qa'dah 1422

February 2001

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.


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