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.