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Q: Recently, there has been much confusion regarding
females trimming their hair. A renowned jurist, Mufti Taqi Usmani Saheb,
has issued a ruling of permissibility on condition the female’s hair does
not resemble the hair of a male and non-Muslims? Kindly comment.
A: The ruling of our Darul Ifta has always been that
generally it is prohibited for females to trim their hair.
We have corresponded with Mufti Taqi Usmani Saheb directly and he clarified
his position on the matter that a female may trim her hair at the bottom
only to straighten out her uneven hair or enhance its growth which does not
exceed more than a few inches. Mufti Saheb has stated that his ruling on
the albalagh.net site should be read in this context. We have placed Mufti
Taqi Usmani Saheb’s correspondence on our website.
Q: I am 50 years old and have three children. My first wife
predeceased me. My only possession is one house and I wish to secure
shelter for my second wife after my death. I do not know how my children
will treat their step-mother after my demise. I also do not wish to give
her the house during my lifetime as I will feel insecure by doing that.
Kindly advise what is the solution in Shari’ah for me.
A: We advise you to make your house Waqf (endowment) and
design the Waqf deed as you wish. As a Waaqif, you may secure the right of
usufruct during your lifetime, then to your wife until her death, then to
your children and further on. However, the house should finally go to an
unending avenue, for example, any charitable organisation.
Q: When travelling by aeroplane, is it permissible to sit in
one’s seat and perform Salaat? It is possible the plane may not be facing
the Qiblah direction.
A: Before embarking on a journey, it is important to first
take into consideration the times and number of Salaats during the travel.
Plan the flight in a way that one is not required to perform the Salaat in
the plane and be able to perform the Salaat after disembarking. If that is
not possible, make arrangements with the flight attendants to perform
Salaat in a secluded area. That will enable the traveller to face the
Qiblah and perform Salaat whilst making Qiyaam. If that too is not
possible, then one may sit on his/her seat and perform Salaat. (Dars-e-Tirmidhi
vol.2)
It is a major sin to leave out the Salaat even when travelling.
Q: Is Wudhu with contact lenses valid or not?
A: Wudhu with contact lenses is valid. (Shaami vol.1 pg.97;
HM Saeed)
Q: I know that it is not permissible to celebrate
occasions like Valentine’s day, Halloween, Easter, Christmas, etc. Here in
USA during these occasions, stores have sales of candies that have symbols
of those occasions on them, e.g. Happy Valentines, etc. The only reason for
buying these candies during these occasions is that they are cheaper. What
is the Shar’ee ruling for buying such candies?
A: The sales of Halaal items during valentine, Easter, etc.
with symbols of that occasion should not be viewed independently. It is not
just a matter of the item itself being Halaal or not.
The underlying ideology of that occasion which is being promoted through
the sales of sweets, candies, etc. should be considered. That is evident
from the wrappings of such items which have symbols of that occasion. It is
clear that the occasion of Valentines, Easter, Christmas, Halloween, etc.
have no basis in Islam. To purchase items having symbols of such occasions
will be assisting in promoting ideologies that are not acceptable in
Shari’ah
Q: What is the ruling if any part of a woman’s Satar (area
of concealment) is exposed in Salaat?
A: It is necessary for a woman’s Satar to be covered
completely. The satar includes the whole body besides her palms, face and
feet.
If any area of the Satar becomes exposed (hair, calf, elbows, etc.) in
Salaat for a period of 3 Subhaanallahs, then the Salaat will be valid as
long as the portion exposed is less than one quarter of that limb. If the
exposed portion of that limb is one quarter or more, the Salaat is
invalidated. (Shaami vol.1 pg.408; HM Saeed)
Q: I intend opening a Travel Agency Business. It is a norm
in such businesses to, a) to display catalogues which have inappropriate
pictures in them, b) make booking for travelling to inappropriate places
having inappropriate activities. In light of the norms of the travelling
agency, is it permissible to open a travel agency business?
A: To run a travel agency is permissible provided the agency
is not directly involved in promoting Haraam activities. Catalogues
displaying sites, hotels and facilities may be shown to prospective
travelers if the catalogues do not contain any Haram activities and sites
like casinos, dancing, semi-nude women, etc.
It is prohibited for the agency to make arrangements for Haraam activities.
However, where the agency is not directly involved in arranging the Haraam
activity, like arranging hotel accommodation, travel and visa requirements,
etc. it is permissible to run such an agency provided the destination
itself is not of an un-Islamic nature.
Q: I am a medical student. We are discussing about patient’s
rights to refuse medical treatment? What is the Shari’ah position on this?
A: If the patient is in a position to speak or any of his
Awliyaa (representatives) are present, then it is Waajib to seek permission
from him or his representatives before administering treatment. If a doctor
did not seek permission and went ahead with such treatment which has a life
risk, then he will be responsible for any negative consequences. A doctor
will not be responsible as long as two conditions are found, a) He did not
transgress the medical limits and, b) He had taken permission. If any one
of the two conditions are not found then the doctor is responsible.
However, if it was not possible to get permission from the
patient or his representative and there was no alternative but to
treat/operate on him immediately, then it will be permissible to treat the
patient even without permission. (Tibbi Akhlaaqiyyaat pgs.59-60)
Q: When a Masbooq stands up to complete his missed Rakaat,
should he stand up after the Imaam’s first salaam or should he wait for the
Imaam to complete both Salaams?
A: The Masbooq should wait until the Imaam finishes both
salaams before standing to complete his missed Rakaats. (Fataawa Aalamigiri
vol.1 pg.91; Rashidiyyah)
Q: Is the Hadith that our deeds are presented to Rasulullah
[sallallaahu alayhi wasallam] authentic?
A: Rasulullah [sallallaahu alayhi wasallam] is reported to
have said that the deeds of this Ummah will be presented to him after his
demise.’ (Majmauz-Zawaaid vol.9 pg.24)
Hafiz Iraqi, Haythami and others have accepted its
authenticity. (Faydhul Qadeer vol.3 pg.402; Darul Fikr)
Saeed ibn al-Musayyib (RA) narrates that every morning and
evening, the deeds of the Ummah are presented to Rasulullah (Sallallaahu
Alayhi Wasallam). (Refer Fathul Baari vol.9 pg.124; Hadith5055)
To love Rasulullah [sallallaahu alayhi wasallam] is an
integral part of our Deen. We should take stock of our deeds everyday and
examine ourselves whether we have pleased Allah and our deeds are
favourably presented to Rasulullah [sallallaahu alayhi wasallam] or not.
Q: Khalid intends purchasing a house for $170,000, he has
only $20,000. Uthmaan has the remaining $150,000 but wishes to make a
profit of $50,000 on that deal. Is there any model in Shari’ah to make the
$50,000 profit acceptable.
A: Khalid and Uthmaan may enter into a diminishing
partnership contract which is as follows: Khalid contributes $20,000,
Uthmaan contributes R150,000 = $170,000
The house will belong to both of them pro rata their
contribution. The house may be registered on Khalid’s name with Uthmaan
being the lien holder. Khalid pays Uthmaan his investment of $150,000 over
a period of time, probably, on a monthly basis and also a standard rent.
The rental amount will decrease as Uthmaan’s share of $150,000 is being
gradually paid and his share in the house being decreased. The rental may
be structured at $50,000 in total until final payment.
Uthmaan may also sell his share of the house, $150,000 on
Muraabaha (profit), for example, for $200,000. In this situation, Uthmaan
will not be a shareholder of the house sold to Khalid. Obviously, the
Shari’ah rules of buying and selling must be adhered to for the sale to be
valid in Shari’ah.
Q: Kindly advise as to how can I prosper in my business?
A: There is only one way for prosperity in your business and
that is by making your business Shari’ah Compliant. You will prosper in
this world and the hereafter.
Assess the Shari’ah Compliancy of your business based on the
following points:
a) Did I ponder if my business is Shari’ah Compliant or not?
b) Did I enquire from the Ulama?
c) If my business is not Shari’ah Compliant, what is the alternative?
Remember, Rasulullah [sallallaahu alayhi wasallam] said,
'Seeking a Halaal income is an obligation.’ (Mishkaat pg.242; HM Saeed)
Rasulullah [sallallaahu alayhi wasallam] also said, 'The body nourished
with Haraam will not enter Jannah.’ (Mishkaat Ibid). How can you prosper if
your business is not Shari’ah Compliant? How can you enter Jannah if your
body is nourished with Haraam?
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