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)