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Q: We have observed that many expensive
Masaajid are being built around the country. A major
part of the funds is utilised in decorating the interior
and exterior of the Masaajid. Is this appropriate and
should we contribute to such projects?
A: It is indeed a great virtue to contribute
towards the building of a Masjid. Rasulullah
(Sallallaahu Alayhi Wasallam)
said, ‘Whosoever builds a Masjid, Allah will build a
house for him in Jannah.’ (Sahih Muslim vol.1 pg.201;
Maktaba Thanwi)
However, Rasulullah (Sallallaahu Alayhi
Wasallam) said, ‘I have not been ordered to decorate
Masaajid.’ (Abu Dawud pg.65; HM Saeed). In the
commentary of this Hadith, Abdullah ibn Abbas (Radhiallaahu
Anhu) states, ‘You are certainly decorating the Masaajid
like the Jews and Christians (who decorate their places
of worship).’ (Ibid) Based on the above, the Fuqahaa
(jurists) have ruled that it is more virtuous to
contribute to the poor and needy (instead of
contributing to the decorating of Masaajid). (Bazlul
Majhood vol. pg.259; Qaasimi). It is sad to note that
there are many poor people living below the bread line,
yet we find comfort and joy in beautifying our Masaajid.
An effort should be made to fulfil the needs of the
poor, building simple Masaajid in the underprivileged
areas and bringing them to the Masaajid.
Q: How do we explain to non-Muslims that
making Dhikr and taking the name of Allah brings peace
to the heart?
A: Vander Hoven, a non-Muslim Dutch psychologist
announced his discovery about the effect of repeating
the word Allah on patients. After research and
observations over a period of three years, his patients,
Muslims and non-Muslims, particularly those who suffer
tension and anxiety were trained to recite the word
Allah.
The A (Alif) of Allah is released from
the respiratory system, thus controls breathing. The L (Laam)
touches the upper jaw and produces a short pause. The
repetition of that pause by pronouncing the Laam again
relaxes aspiration. The pronouncing of the H (Haa) of
Allah creates a contact between the lung and heart which
controls the heart beat. (Qatari ‘Arraya’ Daily Sunday,
24 March 2002). A non-Muslim should also be advised that
merely reciting the name of Allah is not sufficient.
Believing in Allah and His injunctions is necessary.
Q: I am married for almost thirty years.
Alhamdulillah, I had an excellent understanding with my
wife. Recently, both of us experience mood swings. We
are unable to tolerate each other. What may be the
reason for the sudden change in our attitude to each
other? Any useful advice will be appreciated.
A: There may be many possible reasons for the moodswings.
However, you stated you are married for almost 30 years.
It appears that both of you are approximately 50 years
in age and are experiencing midlife transition. A female
experiences pre-menopause in which she undergoes a
biological change in some of her feminine
characteristics. That is followed by menopause which
bring about a decrease in estrogens and progesterones.
A male also undergoes a biological
change during midlife transition. His testosterone level
decreases accompanied by physical changes and many
illnesses. It is possible that this midlife transition
in you and your wife in which both of you are undergoing
a biological change is a contributing factor to the
moodswings.
If this transition is handled correctly
by understanding and tolerating each other, it will lead
to a more meaningful relationship between both of you.
Consulting your physician may be useful. He may
prescribe medication to overcome the physical deficiency
which may be the contributing factor to the moodswings.
Q: Zaid plans to purchase a house in
partnership with his friend, but will register the house
on his name. Zaid will return to his friend his capital
investment as well as profits on the following basis:
Cost of house = R100,000. Friends
capital investment = R50,000. Zaid will offer returns of
the 50% investment by paying 50% rent to his partner
according to the market related value.
Zaid will also pay back a portion of his
friend’s investment on a yearly basis, thus, increasing
his ownership in the house. When Zaid owns, for example,
90% of the house, he will now pay only 10% of the market
related rent to his friend as returns until the
remaining 10% share of the house is paid out. Is this
scheme permissible?
A: This is a diminishing partnership scheme with
mutual understanding and is permissible. Zaid will
own only 50% of the house. As he buys off more share
from his friend, his ownership will increase
proportionately until such time he buys off his friend’s
full share and thereby becomes the sole owner. (Islamic
Finance pg.82-83; Idaara Isha’at; Mufti Taqi Usmani)
Q: Kindly comment on the Shar’ee aspect
of the following: At car auctions, a few dealers get
together and form a syndicate. The auctioneer’s
commission is based on the price of the vehicle. The
auctioneer falsely creates a higher bid in order to
increase his commission. The primary objective of the
syndicate is to overcome false bids by the auctioneer.
Members of the syndicate will not bid against one
another and have a watchful eye on the auctioneer. After
the main auction is over, the syndicate members have
another auction amongst themselves. Vehicles that were
purchased by members of the syndicate have to be
included in this second auction. Dealers who did not buy
any vehicle at the main auction are also eligible to
bid. The bid commences from the price paid at the main
auction. At the end of the second auction, there is a
profit. Half the profit is given in charity. The
remaining profit will be divided among the buyers. The
non-buyers also get a share. This share is known as
non-buyers commission.
A: The spirit and objective of the formation of the
syndicate is laudable. However, there are also many
un-Islamic factors in the practice. Furthermore, the
syndicate does not fall within the ambit of any of the
approved Shar’ee forms of Shirkat (partnership). Hence,
the dealings of such a syndicate should be avoided.
As an alternative, one member acting on
behalf of the syndicate may bid in the auction and take
possession of the car/s. Thereafter, any member of the
syndicate may purchase a car / cars at a mutually agreed
price. We are also exploring other Shar’ee approved
alternatives on the matter with car dealers.
Q: As a youth, I experience difficulty
in determing whether or not taking a bath is compulsory
in the following situation: a) Remember having seen a
dream, but there is no wetness, b) No dream but there is
wetness.
A: The wetness may be either Mani (sperm) or Mazi
(pre-coital fluid). For purposes of convenience, we
enumerate the different possibilities hereunder with the
rulings (Shaami vol.1 pg.168; HM Saeed; Tahtawi pg.54;
Qadeemi):
Wetness Dream Ruling
1. Mani Dream Ghusl Waajib
2. Mazi Dream Ghusl Waajib
1. Mani No Dream Ghusl Waajib
2. Mazi No Dream Not Waajib
1. Doubt - Mani/Mazi Dream Ghusl Waajib
2. Doutb - Mani/Mazi No Dream Ghusl
Waajib
Nabi (Sallallaahu Alayhi Wasallam) was
asked regarding a person who awakens from his sleep and
sees wetness but does not remember any dream. He
replied, ‘Ghusl (bath) is compulsory on him.’ He was
also asked about a person who sees a dream but does not
see any wetness.’ He replied, ‘There is no Ghusl
(compulsory) on him.’ (Mishkaat pg.48; Qadeemi)
Q: What is the Shar’ee ruling on Ghayr
Mahram (not prohibited in marriage) males and females
making Salaam to one another?
A: It is not permissible for Ghayr Mahram males and
females to communicate with one another. The negative
aspects of free speaking between Ghayr Mahram males and
females is clear as daylight. If the need arises to
communicate, for example, answering the telephone, etc.
then the male should make Salaam first and confine his
communication to the need. A female should not respond
in a soft and alluring voice. (Surah 33 Aayat32)
It is permissible for an elderly woman
to reply the salaam of a male. However, if the woman is
young, it is not permissible for her to reply to the
salaam of a male. If an elderly female makes Salaam
first, then the male may answer her audibly. If a young
woman makes Salaam first, then the male may reply her
Salaam in his heart and not audibly. (Shaami vol.6
pg.369; HM Saeed)
Q: I am a cosmetic dermatologist. Is
hair transplating permissible?
A: Generally, hair transplanting is understood as the
redistribution of naturally growing hair. Hair follicles
growing in areas of greater density at the back of the
head are transplanted to areas that are bald. If there
is no alternative for treating the bald areas by using
hair growing creams, etc. then this form of hair
transplant is permissible.
Q: My marriage has ended up in a
divorce, I have a son. My ex-wife hired a Muslim lawyer
to claim maintenance from me for my son. What is the
criterion in Shari’ah of determining the amount for
maintenance and what is the Muslim lawyers
responsibility?
A: Shari’ah did not stipulate any specific amount for
maintenance upon the father. The general rule is that
the amount should be sufficient to fulfil the child’s
basic needs. (Bahr al-Raaiq vol.4 pg.175; Rashidiyya)
However, the father’s financial
situation will be considered in this regard. If he
sincerely claims that he cannot afford a specific
maintenance amount, his word will be accepted. (Shaami
vol.3 pg.612; HM Saeed)
It is our experience in handling such
issues that the disputing parties embrace the
opportunity of legal avenues to take revenge. That is
done in different ways even by extracting maximum monies
in the name of maintenance. Shari’ah advises us on
I’tidaal (be moderate). If an amount of, for example,
R300 per month was sufficient to fulfil the child’s
basic needs in a subsisting marriage, it will be
improper to claim a higher amount than that due to a
divorce. A Muslim lawyer must fear Allah in his practice
and not be a means of Dhulm on the defending party as he
may get away in this world but is surely to be
answerable in the court of Allah.
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