Q: Kindly explain which Hajj is more virtuous, walking or travelling by bus.
A: There are two stages of travelling for Hajj, a) Walking from one’s home town or country to Makkah Mukarramah, and b) Walking from Makkah Mukarramah to Mina, Arafaat and Muzdalifah.
Once a person is in Makkah, he is in the category of a Makki (local person). The Fuqahaa (jurists) have mentioned that walking Hajj is more virtuous for a Makki or a person in the category of a Makki. (Ghunyat-un-Naasik pg.18; Idaratul Qur’aan). It is narrated from ibn Abbaas (radhiallaahu anhu) that Rasulullah (sallallaahu alayhi wasallam) said, ‘Whosoever does walking Hajj from Makkah until he returns to Makkah, for every step he takes he shall be rewarded with seven hundred virtues from the virtues of the Haram. The reward of one virtue performed in the Haram is multiplied one hundred thousand times. (Ghunyatun-Naasik vol.1 pg.17; Idaratul Qur’aan) Based on the above and similar narrations, walking Hajj is more virtuous if a person has the strength to walk. (Shaami vol.2 pg.155; Rashidiyya)

Q: Is there any virtue for a person passing away on a Friday or in the month of Ramadhaan?
A: Abdullah ibn Amr ibn al-Aas (Radhiallaahu Anhu) and others report that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘Whoever passes away on a Friday will be saved from the punishment of the grave.’ (Musnad Ahmad vol.2 pg.220, Hadith6646, 7050 - Cairo; Hilyatul Awliyaa vol.3 pg.181 - Beirut, Majmauz-Zawaaid vol.2 pg.319 - Qudsiy, Cairo)
There are two interpretations to this Hadith, a) The deceased is saved from the punishment of the grave only on that Friday or, b) permanently. (Fataawa Mahmoodiyah vol.6 pg.62; Tirmidhi)
As for one passing away in Ramadhan, Rasulullah (Sallallaahu Alayhi Wasallam) said that the doors of Jahannum are closed and the doors of Jannat are opened in Ramadhaan. (Sahih Bukhari Hadith3277) It is possible that the deceased is saved from the punishment of the grave based on the above mentioned Hadith. (Fataawa Mahmoodiyah vol.6 pg.63)

Q: Children are taught in Madrasah that when leaving the Toilet, the Du’aa, ‘Ghufraanaka...’ (Oh Allah, forgive us) should be read. They often ask, what sin have we committed that we need to seek forgiveness just by simply answering the call of nature?
A: In the Arabic language, the word, ‘Ghufraanaka ...’ is also used to express gratitude. (Ma’arifus sunan vol.1 pg.84; HM Saeed) When one relieves him/herself, he/she expresses gratitude to Allah for the removal of the waste matter from the body.

Q: Is it permissible to engage in a cyber-cafe (Internet Cafe) business? Internet has advantages and disadvantages. Some of the disadvantages are young girls and boys do online chatting with strangers and also go on pornographic sites. There are also other un-Islamic entertainments in the cyber cafe, for example, music, etc.
One of my friends runs a cyber cafe, he often misses Salaat and keeps his cyber cafe open till late at night, thus neglecting his family.
A: There are two aspects to your query; a) Cyber café business, b) Your friend’s attitude
Cyber café business is analogous to the sale of a radio which may have permissible and prohibited programmes. In principle, it is permissible to sell any item that has dual or multiple purposes, some of which are permissible and others prohibited. The responsibility of the abuse will rest on the purchaser and not on the seller. However, if the service provider is certain that the cyber café will be abused, for example, communicating with the opposite gender, checking pornographic sites, etc., then it is not permissible to offer this service to such a person. It may not be possible or practical to restrict the use of a cyber café to any person, therefore, if one is certain that his clients will abuse the facility, it is Makrooh to engage in such a business as that will be assisting in sin.
The second aspect of your query regarding the attitude of your friend, neglecting his wife and family, etc. That is Haraam (strictly prohibited). Your friend is guilty of committing the sin of depriving his wife and children of their rights. Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘Verily, your wife has a right upon you.’ (Sahih Muslim Hadith1156; Darul Wafa). Your friend is also guilty of committing a sin of not performing Salaat. Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘Salaat is the pillar of Deen. (Maqaasidul Hasanah pg.266, Khanzi) Hadhrat Umar (Radhiallaahu Anhu) said, ‘Whosoever safeguards this pillar has safeguarded Deen.’ ( Muatta Imaam Maalik vol.1 pg.247; Ilmiyya) Your friend should make sincere Tawbah and change himself by fulfilling the rights of his family and performing Salaat.

Q: A husband and wife were having a dispute. The wife was insisting on the husband to issue a written divorce. The husband wrote down the following statement, ‘I, .........., being of sound mind hereby issue my wife one Talaaq’. The husband did not read out the statement. Does the mere written statement of divorce constitute divorce?
A: The mere written statement of the husband in the presence of the wife does not constitute divorce until the husband does not ‘verbally’ issue the divorce if his faculty of speech is intact. (Fataawa Mahmoodiyyah vol.19 pg.299)

Q: I am married for many years to a religious woman who is very good to me, but we do not have children. I would like to remarry in order to have children. My wife breaks into tears when I mention this to her. Will I be committing a sin for causing her pain if I remarry?
A: It is a well known fact that it is permissible for a man to take four wives at once and he does not require the consent of any of his wives to remarry. This does not constitute a sin.
The above is a straight forward principle. Apart from that, the practical aspects of life and its realities are more important. It is natural for your wife to feel hurt. Both of you lived with one another for many years and invested for complete returns from one another. She fears that her investment will not yield as expected and that she will be a loser. You state your wife is good to you and she is religious. What guarantee do you have that another woman will be as good as she is? Furthermore, what if she does not bear children, etc.
It is possible that the matter be otherwise, you should examine your situation from both angles. If the second wife is not as good as the first one, you are a loser. If she did not give birth, again you are a loser. Furthermore, the second marriage will have an impact on your present peaceful marriage and again you are a loser.
It is possible the second wife may be better and bear a child. However, that will still affect your first peaceful marriage. We advise you to consider the points we have raised and make Istikhaara (seek divine guidance). Allah’s Knowledge and Guidance is absolute. Inform your wife about your making Istikhaara.

Q: My wife made an application to a Judicial Committee to annul our marriage. I requested the committee to assist in reconciling with my wife. Suddenly, I got a letter from the Committee informing me of their decree of annulling my marriage. Please note that I was not called up for a judicial sitting to defend my wife’s allegations against me. Kindly comment on the decree of the Judicial Committee. I have been informed that the decree of the Judicial Committee is binding on me even if the Committee did not follow the correct procedure as their decree is similar to a Qaadhi (Muslim judge).
A: If the Judicial Committee adhered to the rules of the judiciary as set out by Shari’ah, then only will its decree be valid and binding. It is improper for any Judicial Committee to unilaterally issue a decree of annulment of marriage without summoning the defendant to the sitting. Such a decree will be invalid and your marriage to your wife will still be intact. Even a Qaadhi (Muslim judge) is bound to the rules of the judiciary. If he too violated a fundamental principle of the judiciary, his decree will not be valid. (Shaami vol.5 pg.543; HM Saeed)

Q: The last edition of Al-Mahmood, carried a special feature, ‘The Proposed Muslim Personal Law Bill – the Need for a serious review’. After reading the contents of that special edition, we certainly take heed to your warning to raise our voices against the proceedings of the MPL. We will appreciate if you further answer the following queries raised in a pamphlet subsquent to the Al-Mahmood: Is not the MPL an identity of the Muslim community? If we are not part of the MPL process, will the courts not tamper with the Shari’ah? Did Mufti Taqi Usmani Saheb encourage the MPL process?
A: At the outset, we wish to remind you that our last edition calling for a review on the MPL was based on the fact that the MPL will be subjected to interpretation against the South African Constitution. It is important to note that in an inconsistency between Shari’ah and an entrenched principle of the Constitution, the courts will uphold the supremacy of the Constitution. The outcome of this procedure cannot be termed as MPL and regarded as an intrinsic identity for the Muslim community. In fact, it will misrepresent the Muslim community.
At present, the MPL is not recognized and the courts have adjudicated on many cases regarding Muslims. Nobody regards that as Shari’ah but if we as Muslims accept the procedure, that will empower the courts on our behalf to interpret Shari’ah against the constitution. The Shari’ah will obviously be tampered with our knowledge and blessings.
Mufti Taqi Saheb in his address to the Ulama in Durban on 17/3/2002 stated, ‘I have some limitations while expressing my opinion on these issues that have been put forward. The limitations are; a) I am not fully aware of the legal background in which this Bill will operate, b) I am not aware to what extent the government of South Africa is willing to accommodate MPL and the demands of the Muslims, c) I had no opportunity to study each and every issue in depth ... I am always involved in a number of involvements and did not have time to fully concentrate on these issues.’
It is clear from Mufti Taqi Saheb’s three disclaimers that the MPL should not be viewed independent of the South African Constitution as the MPL will operate within the South African Constitution.
Alhamdulillah, subsequent to our last edition of the Al-Mahmood, the Darul Ifta had an overwhelming response from the Ulama and the public to raise their voices against the proceedings of the MPL.