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AL-MAHMOOD TWENTY-NINE

Sha'baan 1425

October 2004

Q: Zaid marries Fatima. Zaid has a son, Ahmad, from his previous marriage. Fatima also has a daughter, Aisha, from her previous marriage. Is it permissible for Ahmad to marry Aisha?

A: It is permissible for Ahmad to marry Aisha since Ahmad and Aisha do not become Mahrams due to their respective parent’s marriage. (Shaami vol.3 pg.31; HM Saeed)

Q: Is the Zakaat given to an organisation discharged before distributing it to the beneficiaries of Zakaat?

A: Zakaat given to an organisation is not discharged until it is given to the beneficiaries of Zakaat. The organisation is only the representative of the rich to distribute their Zakaat. (Aap ke Masaail or Un ka Hul vol.3 pg.406)

Q: We as Muslims are aware that it is not permissible to celebrate birthdays. However, parents having a soft spot for their children, expose them to such celebrations and involve their friends and the School in such celebrations. What guidelines can Mufti Saheb give, as parents become adament, upset and angry when permission is refused for their child to distribute sweets, cakes, etc. in the class on their birthday.

A: In most cases, the child wishes to distribute sweets, cakes, etc. on his birthday amongst his classmates simply because the others distributed on their birthdays or because the child feels obliged to do so for fear of being stigmatised by other children. In order to eliminate this problem, we require a concerted effort by all role players; teachers, parents, school administration and the children.

Perhaps, the first step in this direction would be to prohibit such celebrations as a school rule. The second step would be to advise the teachers to discourage children from bringing any party treats to school. The third and most important step is to involve the parents. They should dissuade their children and they should take a somewhat tougher stance against this un-Islamic practice.

A parent, like any other human being, is bound to be upset when his whims are not adhered to. This should not prevent the school implementing what is required of us by our Deen.

Q: We, as Dentists, buy gold products from the laboratories, e.g. gold slits / gold crowns, etc. They generally bill us at the end of the month. We are then given 30 days to pay. Is this correct?

A: The ruling that gold must be sold cash and not credit applies to when gold is sold in exchange for gold or silver. It does not apply when gold is sold for money. Therefore, it is permissible to buy gold on credit. (Jaamiul Fataawa vol.3 pg.152; Jadeed Fiqhi Masaail vol.4 pg.43)

Q: Is it permissible to cross in front of a Musallee in a Musjid?

If the Musjid is smaller than 335 square meters, then it will not be permissible to cross in front of a Musallee, whether from near or far. If the Musjid is 335 square meters or more, then it will be permissible to cross in front on condition that the distance between you and the Musallee is approximately 3 Saffs, i.e. from where he is standing. The distance as measured by some Ulama is 2,5 meters (Ahsanul Fataawa vol.3 pg.409).

If there is a need to cross the area of 2,5 meters, then place an object in front of the Musallee before crossing. If the Musjid is very big like the Haram or Musjidun-Nabawiy, then one may cross in front of a Musallee. However, one should try one’s level best not to cross in front of a Musallee even though Shari’ah has granted a leeway in the above two instances – a big Musjid and a very big Musjid.

Q: Is it permissible for a female to insert a tampon during menses?

A: It is Makrooh Tahrimi (not permissible) for a female to insert a tampon. (Shaami vol.1 pg.289; Darul Fikr)

Q: When must a person recite the Tahmeed (Rabbanaa lakal Hamd) behind the imaam, while the Imaam says the Tasmee (Samia llaahu liman Hamidah) or after the Tasmee of the Imaam?

A: The Muqtadee (follower behind the Imaam) will recite the Tahmeed (Rabbanaa lakal hamd) while the Imaam recites the Tasmee (Samia llaahu liman Hamidah). (Mabsoot vol.1 pg.20)

It is a general misconception for a Muqtadi to recite the Tahmeed only when he stands up straight.

Q: Is there any remedy for bad thoughts?

A: An individual has more than 70,000 thoughts daily according to a study done recently. We have been told that our nafs can get hold of us in more ways than one. You are not alone in having bad thoughts. This is the test all human beings face and it is a universal problem. You should not inculcate a bad thought and you should also abstain from all things that will give rise to such evil thoughts. If you have a bad thought but you do not act on it, there is no harm. In fact, you should ignore such a thought. However, if you have a good thought, especially in terms of doing a good deed, you are rewarded before you have committed that good deed. Once you perform the good deed, your rewards are multiplied according to your intentions.

Our thoughts belong to us and we should try to always take responsibility for them. In this way, we can actively deal with them in the sense that what we find unacceptable, we will consciously discard. Shaitaan intrudes into our thoughts at any given moment. Even the most pious persons are bombarded with the evil arrows of shaitaan’s mischief.

Remain in a state of wudhu all the time, or as much as possible. Read the Quran with meaning and understanding, perform your daily salaah on time and perform nafl salaah as frequently as you can. Make zikr constantly. This latter activity is one sure way of thwarting shaitaan as he cannot enter your mind whilst your heart and tongue are completely immersed in hymning Allah Ta’ala’s name and qualities. Insha’allah you find that your thoughts will become pure.

Q: Kindly explain when does Zakaat become compulsory.

A: Zakaat is due on every Zakaatable asset, cash, gold, silver, debtors and stock in trade if it is equivalent to the minimum Nisaab amount or more and one lunar year passes on that asset.

The lunar year for Zakaat commences on the day a person possesses the minimum value of nisaab. The amount due to creditors is not zakaatable.

The minimum nisaab amount is approximately R1000 in October 2004. Zakaat in shares is compulsory on the capital amount and the dividends if the company’s business is buying and selling. If the company’s business is only leasing, then Zakaat is payable only on the dividends and not on the capital amount. (Fataawa Rahimiyyah vol.2 pg.14)

Q: Is it permissible to give Sadaqatul Fitr to non-Muslims?

The preferred view is that Sadaqatul Fitr should be given to Muslims only. (Ahsanul Fataawa vol.4 pg.383)

Q: How should Zakaat be calculated on gold jewellery? Would the designs and stones affect the amount of Zakaat to be paid?

A: The following procedure is to be followed: The weight of the gold in the jewellery is to be calculated, e.g. 100 grams. The current price of a gram of gold would be ascertained, e.g. R20.

The weight of the gold would be multiplied by the price per gram, i.e. 100 x R20 = R2000. The person would give Zakaat on R2000, i.e. R50. The value of the designs or of the stones would not be considered. (Fataawa Rahimiyyah vol.7 pg.157)

Q: What is the Shar’ee ruling on playing the scratch card game. The card is purchased and if one gets 3 x’s in a row, he wins a prize. Some companies offer scratch cards for free.

A: The scratch card game falls in the category of gambling and is Haraam.

The same prohibition will apply if one gets the card for free.

Q: What is the criteria of appointing an Imaam for Taraweeh?

A: The position of an Imaam is a very lofty one. He is responsible for presenting the Salaat of the entire congregation in the court of Allah. A person of the highest standing is worthy of holding this position.

The Imaam should have sound knowledge in Deen, with special emphasis on the aspects of Tahaarah and Salaat. He must also have sound knowledge of Tajweed (laws of pronunciation), for Arabic is a delicate language and the slightest change in pronunciation could alter the meaning and thus render the Salaat invalid.

The Imaam should be pious and upright. He should be punctual in keeping a beard and wearing Islamic attire. He should not be known to be a Faasiq (open sinner).

It is the responsibility of the trustees of the Masaajid to ensure that the Imaams they appoint (including Huffaaz for Taraweeh) fulfil the conditions of Imaamat. If the trustees are negligent in the apointment of the Imaam, and the said Imaam is deficient in his Imaamat, the burden of that deficiency will also fall upon the trustees. Thus, great care should be taken in this regard.


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