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AL-MAHMOOD TWENTY

Rabi-us-Thaani 1423

July 2002

Q: A person is seriously ill and bedridden. He cannot make Wudhu as water may aggravate his sickness. Is Salaat still compulsory on him?
A: Salaat is compulsory upon a bedridden person. If a person fears his sickness will increase or his cure may be delayed by using water, then he may make Tayammum.

If he is unable to sit and perform Salaat, he may lie down and perform Salaat by placing a pillow behind his head in order to face the Qibla and raise the knees, if possible. (Tahtaawi pg.234; Qadeemi)

Q: How should the feet be placed in Sajdah?
A: When in Sajdah, the feet should be placed on the ground with the heels touching each other and the toes facing towards the Qiblah.(Shaami vol.1 pg.476/504; HM Saeed)

Q: What is the principle of performing Salaat in a second Jamaat?
A: There are different situations for performing a second Jamaat. The rulings for each situation will be different. Hereunder are the different situations:

a) The Musjid (Jamaat Khana) is structured solely for travellers, b) The Musjid does not have an appointed Imaam and Muazzin, c) The first Jamaat was performed by non-residents of the community, d) The first Jamaat was performed by residents of the community. However, the Jamaat was performed without calling out the Adhaan.

In the above four situations, it will be permissible to perform the second Jamaat with Adhaan and Iqaamat. If the resident of the locality called out the Adhaan for the first Jamaat, and the first Jamaat was performed exactly like the normal Jamaat, i.e. from the front, etc. it will be Makrooh Tahrimi to perform Salaat in a second Jamaat. (Ahsanul Fataawa vol.3 pg.321; HM Saeed)

Q: Is it permissible to wear anything - clothing, shoes, etc. having the Nike logo on it?
A: Nike is a winged goddess of victory. According to Greek mythology, Nike sat at the side of Zeus, the ruler of the Olympian Pantheon of Mount Olympus. The Nike ‘swoosh’ embodies the spirit of the winged goddess who inspired the most courageous of warriors. (‘What U Wear’; Madrasah Arabia Islamia, Azaadville)

One should refrain from purchasing – selling and wearing – any clothing having the Nike sign or emblem on it as that leads to promoting a form of Shirk (partnership with Allah).

Q: The toilet is facing 38 degrees away from the actual Qiblah. I have heard that in Salaat a deviation of 45 degrees from the actual Qiblah will still be regarded as Qibla and the Salaat is valid. Does this also apply in the situation of the toilet, thus, facing 38 degrees away from the actual Qiblah when relieving oneself is prohibited?
A: The ruling of Qiblah during Salaat and relieving oneself is different. In Salaat, facing in the direction of Qiblah is sufficient, not the actual Qiblah. A deviation of 45 degrees maximum from the actual Qiblah will still be regarded as the direction of Qiblah. When relieving oneself, it is prohibited to face the actual Qiblah. It is not prohibited to face in the direction of the Qiblah. (Jawahirul Fiqh vol.1 pg.227; Karachi)

Therefore, if the toilet is 38 degrees from the actual Qiblah, it will not be prohibited. (Dars-e-Tirmidhi). It is, however advisable to change the toilet from the direction of the Qiblah to another direction, for example, in South Africa, towards the east or west.

Q: Is it permissible for a Car dealer to disconnect the odometer or register the vehicle at a later model in order to fetch a higher price on the vehicle?
A: Wasila ibn Asqa (Radhiallaahu Ánhu) narrates that Rasulullah (Sallallaahu Álayhi Wasallam) said, ‘Whosoever sells a deficient item and did not disclose the deficiency remains in the anger of Allah, and in the curse of the angels.’(Mishkãt pg. 249; Qadeemi).

A motor car dealer must be honest in his dealings by disclosing the appropriate model and correct mileage of the vehicle. It is not permissible to change the model or conceal the actual mileage of the vehicle by disconnecting the odometer. If a person sold his car without disclosing the correct model and mileage, he will be guilty of deceit and will be committing a great sin. The surplus monies received in lieu of such deception is Haraam and void of blessings. If the purchaser of the vehicle purchased the vehicle believing it to be of a certain model or of a lesser mileage, and later discovered that he was deceived, he is entitled to return the vehicle to the dealer while the dealer is obliged by the Shariáh to accept the vehicle and refund the money of the purchaser. (Hidaaya vol.3 pg.23; Qazi)

Q: I am an internal auditor in an organization and my job is to “detect and prevent error and fraud” in that organization. For that, I have to read unauthorized mail, emails and use other methods to gain knowledge and foresight about the intentions of employees to different transactions of the organization.  Kindly explain if it is permissible to be an internal auditor according to my job description.
A: The most important issue is to distinguish what falls under private domain, and what falls under company domain. The organization, in all probability, has guidelines for its employees.

If the company allows its employees to use the company’s facilities, phone, fax, email, etc. for the employee’s personal correspondence together with the right of privacy, then it will be wrong to eavesdrop or intercept such communications. If it is the policy of the company that all communications via any of the company’s facilities are company domain, and that the company retains the right to monitor such communications, then as a representative of the company you may snoop into such communications on their behalf.

In the case of the company, the employees have agreed to the terms of the contract, and have thus, in principle given the company permission to eavesdrop into their communications. However, as a matter of Taqwa, confine your audit to issues directly related to the company, and avoid all such matters which have no direct bearing on the affairs of the company.

Q: Can a person read magazines like Personality, Scope, You, etc. which have nude pictures, aspects of ‘love making’ as well as some good tips like recipes and health guidelines?
Allah Ta’ala says in the noble Qur’aan, ‘And among men are those who purchase lahwal hadeeth (futile talks) which misleads from the path of Allah Ta’ala without knowledge, for them is a painful punishment.’ (Luqman  Aayat6).

The different types of contemporary magazines, You, Personality, Scope etc. promote the western culture of freedom and are filled with every type of evil, swingers clubs, pornography, sex over the phone, contact numbers for prostitutes, etc. Such literature also falls in the category of lahwal-hadeeth (futile talks) which deviates one from the straight path. The negative factors in such magazines outweigh the possible positive factors in them, for example baking tips, etc. Such beneficial information could be made available through other avenues. It is not permissible to sell, purchase and read such magazines. The income from selling such books will be Haraam.

Q: Is it permissible to listen to Islamic songs with the beating of drums in the background. Some people claim that the beating of the Duff (drum) is proven in Hadith.
A: Hadhrat Ibn Mas’ood (Radhiallaahu Ánhu) reports that Rasulullah (Sallallaahu Alayhi Wasallam) declared every wine, gambling, beating of drums and every intoxicant as Haraam. (Abu Dawud vol.2 pg.168; HM Sa’eed)

Hadhrat Ali (Radhiallaahu Ánhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) prohibited the beating of drums. (Kanzul Ummaal vol.15 pg.227; Ar-risala)

These Ahaadith are general and prohibit the beating of the drum. Those who claim that the beating of drums is permissible generally use the Hadith wherein it is reported that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘Announce the Nikah even though it be with the Duff.’ (Mishkat pg.272; Qadeemi)

In another narration, it is reported that Rasulullah (Sallallaahu Alayhi Wasallam) passed by little girls who were beating drums. (Ibn Maajah pg.136; Qadeemi)

The beating of drums on these occasions was to announce a Nikah or the arrival of somebody or the sighting of the moon. (Fataawa Mahmoodiyah vol.9 pg.179; Mahmoodiyah) There is no evidence whatsoever that drums were used merely for ‘entertainment’. Rather it is reported that when Umar (Radhiallaahu Ánhu) heard the sound of beating drums, he would send a person to inspect the occasion. If it was a Nikah (which was being announced by means of the drum) he would keep quite. Otherwise, he would punish those involved. (Fathul Qadeer vol.8 pg.452; Darul Kutub)

Q: Is there any basis in the Shari’ah for kissing the Qur’aan?
A: Generally, the purpose for kissing the Qur’aan is to express respect and love for the Qur’aan.

It is narrated from ibn Mulaikah that Hadhrat Ikramah (Radhiallaahu Anhu) used to touch the Qur’aan to his face and say, ‘this is the word of my Lord, this is the word of my Lord.’ (Majma-uz-Zawaid vol.9 pg.385; Qudsi)


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