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AL-MAHMOOD TWENTY-ONE

Jumaad-as-Thaani 1423

September 2002

Q: Due to funds always being an issue, Muslim schools host and organise biscuit and cake sales brought by children to school. What is the Shar’ee ruling regarding such sales?
A: The following Hadith of Rasulullah (Sallallahu alayhi wasallam) should be kept in mind, ‘No wealth of a person is permissible for another except that which he gives with a happy heart.’ (Mishkaat pg.255; Qadeemi)
Whatever is donated with a pleasant heart will be pure, wholesome and permissible. Correspondingly, the lack of this freewill and choice will produce impurity, contamination and pollution in the donation. Any form of pressure, influence or coercion will be against the dictates of the above Hadith, and will have to be avoided.
The children are very easily influenced. Even that which the teacher considers to be a request will be interpreted as a command to the vulnerable children. Children from poorer backgrounds are more severely disadvantaged. They try to match their peers, and in order to achieve this they put undue pressure on their parents. If their parents cannot afford to equal the others in the class, the child is embarrassed, which leads to ill feelings. The spiritual evils that ensue from such situations are numerous, and can be disastrous. At times, children steal simply to be up to par with their peers. Briefly, in practice these contributions of cakes, sweets etc. are not free from pressure and cannot be said to be definitely from a happy heart. Thus the proceeds from such contributions will not be pure and wholesome.

Q: My father passed away on 10 Muharram 1423 (21 March 2002). My mother is in Iddat. When does her Iddat commence and when will her Iddat terminate?
A: In principle, the Iddat of death is four months and ten days. If the Iddat commenced at the beginning of the lunar month, then the Iddat will expire at four lunar months and ten days. That is irrespective of the lunar months being 29 days or 30 days.
If the Iddat commenced at any other time of the lunar month, the Iddat will be 130 days. The Iddat of death commences immediately from the time the husband passes away. If your father passed away on 10 Muharram at 10:00 am (21 March 2002), by adding 130 days, the Iddah will end on 16 Jumaad-al-Oola or 29 July at 10:00 am. (Ahsanul Fataawa vol.5 pg.444)

Q: Is fear of not being financially able to support a wife a valid reason to delay Nikah?
A: If by ‘financially able’ you mean a luxurious life, then this is not a sound reason to delay Nikah. If a person has the bare means to sustain a simple marriage, then he should not delay the Nikah. In the Ahaadith, we are taught that Nikah creates Barakah (blessings) in one’s earnings. If the couple are understanding, they will be able to survive happily on a meager income. If the husband is so poor that he cannot afford even a simple lifestyle, then we advise he adopts patience and waits until he can afford to bear the responsibilities of marriage. This is because today people are weak, and probably, this will lead to a strained relationship between the spouses.

Q: If I am leading a Salaat, and I am about to complete my Ruku, can I intentionally lengthen my Ruku to make it possible for a specific person albeit to join the Ruku?
A: It is Makrooh Tahrimi (reprehensible) to prolong the Ruku or any portion of Salaat in order to facilitate a specific person joining the Salaat. (Shaami vol.1 pg.494; HM Saeed) Such undue prolonging of the Salaat will lead to laziness and promoting of laxity in the prompt attendance of the Salaat. Furthermore, it will be a definite blow to the sincerity of the Imaam.

Q: Kindly explain to us the benefits of Verses 26 - 27 of Surah Aale Imraan.
A: It is narrated in Tabrani that once Rasulullah (Sallallaahu Alayhi Wasallam) did not see Mu’aadh ibn Jabal (Radhiallaahu Anhu) for Jumu’ah. Rasulullah (Sallallaahu Alayhi Wasallam) went to the house of Mu’aadh and enquired, ‘O Mu’aadh! Why didn’t I see you for Jumu’ah?’ Mu’aadh replied, ‘I was coming for Jumu’ah but I owed a Jew some money and he prevented me from coming for Jumu’ah.’ Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘O Mu’aadh! May I not show you a Du’aa that if you have a debt equivalent to a mountain, Allah will discharge it for you.’ Rasulullah (Sallallaahu Alayhi Wasallam) then showed him verses 26 and 27 of Aale Imraan.
It has been said that a person who continues reading these 2 Aayats, Allah will absolve him from debts. These Aayaats should be read 7 times after Fardh Salaat. It is also reported in Tabrani that Hadhrat ibn Abbaas (Radhiallaahu Anhu) narrated that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘In these two Aayats, the Ism-e-Azam of Allah are mentioned through which Du’aas are accepted.’ (Ma’ariful Qur’aan vol.1 pg.592)

Q: We purchase US Dollars and then sell them in Rands on credit (30 or 60 days) at a higher rate agreed by both parties. Is this transaction permissible?
A: Exchanging currencies in lieu of each other is known as Bay’ Sarf (Hidaaya vol.3 pg.105; Qazi). The fundamental laws pertaining to such a transaction are as follows:
a) Two same currencies may be sold in exchange for each other, but both amounts will have to be equal. Any excess on either side is Riba (interest), hence, it will be Haraam. (Ibid)
b) Two different currencies may be sold with excess on any side. (Ibid)
c) It is permissible to exchange two different currencies on credit at a higher rate with the condition that both parties are in agreement to the rate.
Contemporary Fuqahaa have distinguished between natural form of currencies (gold and silver) and adopted currencies (dollar, sterling, rands, etc.)
The prohibition of credit in exchange of different currencies is confined to natural currencies and not to adopted currencies. (Dars-e-Tirmidhi, Mufti Taqi Usmani, vol.4)

Q: Is it permissible to ‘contract hire’ a car? The procedure is: a car is chosen and you specify the annual Miles and the period of the contract. A deposit is then paid and a monthly instalment is fixed. A final purchase price is agreed if the purchaser wishes to purchase the car.
At the end of the contract, the purchaser may: a) Purchase the car, b) Trade in the car, or c) Terminate the contract.
A: According to the Shari’ah, the ‘hire a car contract’ falls in the category of Ijaarah (leasing). If the mileage and monthly fees are defined, the contract is permissible.
However, there is only an option to buy and not a guaranteed sale. If the company does not wish to sell the car after the contract expires, they are not obliged to do so. If it is not your intention to purchase the car, this does not affect you. You may, thus, enter into such a lease contract.

Q: What should a Muslim’s attitude be when he is in a gathering and sin becomes rampant?
A: If sin becomes rampant during a function, a person should make an attempt to stop it if he has the capacity to do so. If he is unable to stop the sin, he should protest the sin in his heart but nevertheless, partake of the meals. However, if the sin is of such a nature that it affects even his immediate surroundings (e.g. loud music etc), he should depart forthwith. This is the ruling for a layman.
If the person occupies a position of authority in deen (e.g Aalim, Qaadi, Trustee of a musjid etc.), he should depart if he is unable to put a stop to it, whatever the situation. If one has prior knowledge that any un-Islamic practice will take place there, he should not attend at all. (Shaami Vol. 9 Pg 501 imdaadiyyah)


SHARI’AH COMPLIANT BUSINESS CAMPAIGN - REPORT BACK

Alhamdulillah, on Sunday, August 4 2002, the Shari’ah Compliant Business Campaign was officially launched. Despite the unfavourable weather conditions, the response was overwhelming.

Aims and Objectives of the Campaign
The Oxford dictionary defines a campaign as ‘a series of battles with one objective’. In the context of the Shari’ah Compliant Business Campaign, the campaign was aimed to fight a series of battles against all un-Islamic business practices. That includes morals and practices. A similar campaign was conducted by a great Nabi of Allah, Shu’ayb (Alayhis salaam). His people, the tribe of Madyan, used to cheat in weight and measure. Shu’ayb (alayhis salaam) addressed his nation, ‘O my people, worship Allah. There is no one worthy of worship besides Allah. And do not decrease in scale and weight, verily I see you people well-off (wealthy and prosperous). I fear upon you an encompassing punishment (if you don’t bring faith and you cheat in weight and measure).’ ( Surah 11 verse84) Shu’ayb (AS) fought a series of battles with his people in reforming their business malpractices. When they did not comply with the Shari’ah Compliant Business Campaign of Shu’ayb (AS), Allah destroyed the entire nation.

The Programme
Before the programme, there was registration and evaluation forms for the lectures were handed out. The first lecture dealt with the Islamic ethos and morals of a Muslim businessman.
Allah Ta’ala explains the Islamic ethos of the businessmen in the blessed era of our beloved prophet (Sallallaahu Alayhi Wasallam), ‘They are such men that neither trade nor merchandise make them negligent of the rememberance of Allah Ta’ala, performing their Salaat and discharging their Zakaat. They fear the day when hearts and eyes will be overturned.’ (Surah24 verse37) Nabi (Sallallaahu Alayhi Wasallam) said, ‘An upright and honest businessman shall be raised with the prophets, martyrs and the truthful on the day of Qiyaamat.’ (Mishkaat pg.243; Qadeemi)
The second lecture discussed many un-Islamic business practices and alternatives for such practices were offered.
Special perpetual timetables with Ahaadith pertaining to making one’s business Shari’ah compliant were handed out.

Response
Our guests expressed their opinion in the evaluation forms. Hereunder a few responses.
1. ‘Very inspiring, series of lectures should be held discussing one topic at a time.’
2. Very benefiting. Insurance, etc. should be discussed in detail. In the future more time should be allocated to questions and answers.’
3. Enlightning and provoking.

Way Forward
Members of the different fields are being identified to assist the campaign in making their field of business Shari’ah Compliant. We shall inform the public of any further development or alternatively you may contact us.

The cassettes and the calendars may be obtained from the Madrasah.


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