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Q: Ten months ago, I purchased goods on credit for R250
from a national chain store. However, these goods were not charged to my
account. I have approached the store to correct the error and still paid
the amount. The store has credited my account with R250 and is now paying
me interest. Can I make use of the credit of R250 as the store cannot
reconcile this error. If I cannot use this credit, how do I stop the
interest from accumulating?
A: Whatever amount of interest has accrued on your account
should be given in Sadaqah from your personal money with the intention of
absolving yourself from the interest money. In this way the interest money
in the account will now become yours.
It will be better for you not to use the R250 that is in
the account as there is a possibility that the store will reconcile their
accounts and adjust it accordingly. If you make use of the amount, you will
have to repay the amount when prompted to and you may have to pay interest
on the amount overdue.
Q: I had a verbal contract with a builder. He did not
finish the job and is asking for more than what we agreed upon.
Furthermore, the job was not up to standard.
A: In principle, if a hired / contracted person does not
complete his job, then he will only be entitled to Ujrat Misl (standard
payment) for whatever job he did. Ujrat Misl will be determined by two
upright and experienced persons who will evaluate the work completed and
inform of the amount normally paid for such work. (Jaamiul Fataawa vol.3
pg.301; Rabbani)
We advise that in future you reduce your contract in
writing and also include a clause that addresses such a situation.
Q: What is the Shar’ee ruling of making the feet face the
Qibla?
A: It is not permissible to make the feet face towards the
Qibla direction whether a person is sleeping or awake. (Shaami vol.1
pg.655; HM Saeed)
Q: Is it necessary to fold and place the hands of the
deceased on the chest when putting on the Kafn?
A: The hands of the deceased should be kept on the side and
not on his/her chest. (Fatawa Darul Uloom vol.5 Pg.184)
Q: Is it correct to sprinkle ZamZam water on the deceased
after Ghusl?
A: It is permissible to sprinkle ZamZam on the mayyit after
Ghusl. (Fatawa Mahmoodiyyah Vol.7 Pg.233)
Q: What is the length of the ’Izaar’(lower garment) and
chest-wrap for the kafn of a woman? Are they wrapped under the Qamis or
above it, according to the Sunnah method?
A: The Izaar should be slightly longer than the body. (Shaami
Vol.2 Pg.203-H.M.Saeed, Tahtaawi Pg.577-Ilmiyyah)
The chest wrap should preferably be from the chest to the
thighs. It would be permissible for the chest wrap to be till the navel. (Shaami
Vol.2 Pg.204)
The sequence of Kafan should be: first the Qamis, then the
Khimaar, then the Izaar, then the chest wrap and finally the Lifaafah. (Tahaawi
pg.578; Ilmiyah)
Q: If a person in the state of Ihram (Umrah or Hajj) passes
away, is there accountability for such a person in the hereafter?
A: The person who passes away during Hajj or Umrah shall
not be brought before Allah for judgement, nor will he/she have to give
account and it will be said to him/her, ‘Enter paradise’. (Majmauz-zawaaid
vol.3 pg.208)
Q: How many rings can a man wear? On which hand and finger
should he wear the ring?
A: A man may wear only one ring of silver weighing less
than 4,5 grams. It is not permissible for him to wear two rings regardless
of him wearing them on the same finger or on different fingers. The ring
may be worn on any finger of any hand. (Fatawa Mahmoodiyyah Vol.17 Pg.300;
Jamiul Fatwa Vol.1 Pg.433; Aalamgiri vol.5 pg.514 - Ilmiyah)
Q: What are the responsibilities of the Imaam and the
trustees? In the event of any issue regarding the affairs of the Musjid,
how should the problem be resolved between the Imaam and trustees?
A: The prime characteristic of a trustee is to be Ameen,
that is to be trustworthy and honest. In the context of being a trustee of
a Musjid or any Islamic institution, a trustee must be truthful and honest
in fulfilling his responsibilities of the position of the trust. He must
have the Islamic interest of the trust at heart and regulate its affairs
accordingly. If there is anything un-Islamic in the trust, he must
endeavour to change that. His continuous efforts and approach should be to
maintain the Islamic ethos in the trust. For that, the trustee must also
observe the salient features of an Ameen. He must abstain from sins to the
best of his ability. If a person is known to be a Faasiq in Shariah, such a
person does not qualify to be a trustee. Generally, a Faasiq is he who
openly violates the Laws of Shariah. For example, he shaves or trims his
beard less than his fist length or he engages in interest-bearing
transactions. If there are any issues of the trust regarding Shariah, the
trustees should consult an Aalim or a Mufti. He should not decide on
Shar’ie matters if he is not an Aalim. It is also advisable to refer issues
of Shariah to the local Aalim and preferably, the Imaam of the Musjid, as
this is an expression of respect to the appointed Aalim. It also enhances
love and a good working relationship with the Imaam. The trustee should be
the first to show respect to the Imaam. He should lead his administration
and others by practical examples. It must also be pointed out that to show
disrespect to an Aalim is Fisq. Such a person cannot qualify as a trustee
or such a trustee should be dismissed, for showing respect to an Aalim is
from the Shi’aar (salient features) of Islam. If the trustee has to address
anything with the Imaam, it must be done with respect and maintaining the
dignity of the Imaam. Consider the following Hadith and relevant Masaa’il:
Abu Atiyya (R.A) says that Hadrath Malik ibn Huwairith (Radiallahu
Anhu) used to come and address us. One day while addressing us, the time of
Salaah set in. Abu Atiyya says, ‘We requested Hadrath Malik to lead the
salaah’. He replied, "Appoint an Imaam from amongst you, I will not lead
the Salaah. I have heard Rasulullah (Sallalahu Alayhi Wasallam) saying
‘Whoever visits a tribe or community should not lead the Salaah.’ An Imaam
from amongst them should lead the salaah." (Mishkaat Pg. 100 H M Saeed)
In view of the above Hadith, the Fuqahaa have ruled, that
if a more educated person than the resident Imaam comes, then too the
resident Imaam is entitled to lead the salaah. (Fataawa Hindiyya Pg. 2
Vol.1 Rashidiyya)
According to some Ulama, it is Makrooh-e-Tahrimi for
another person to perform the salaah without the consent (happiness) of the
official Imaam. (Aap ke Masaa’il ur unka hal vol.2 pg.234)
For more information regarding the responsibilities of the
trustees, refer to the article, ‘Advice to the Trustees and Mutawallis of
the Musjid’ by Shaykhul Hadith Hadhrat Moulana Fadhlur-Rahmaan Saheb,
Azaadville.
Q: How should one perform Salaat if the direction of the
Qibla is not known?
A: If a person does not know the direction of the Qibla and
there is no one from whom he can enquire, then he should approximate the
direction of the Qibla to the best of his ability, and perform Salaat in
that direction. An easy method of determining the direction of the Qibla in
South Africa is by using the location of the sun at sunrise and sunset. The
direction of the Qibla in relation to South Africa is North East.
Therefore, if a person keeps his left shoulder toward the location of
sunset, he will be facing North, and with a slight deviation to his right,
he will be facing the direction of the Qibla.
Similarly, if a person keeps his right shoulder facing
towards the location of sunrise, he will be facing North and with a slight
deviation to his right, he will be facing the direction of the Qibla. It
should be noted that it is not permissible to approximate the direction of
the Qibla if there is someone available from whom he could ascertain the
direction of the Qibla.
If a person approximated the direction of the Qibla and it
turned out to be wrong, then his Salaat will still be valid. (Tahtaawi
pg.244; Ilmiyah)
THE REVOLVING DARUL IFTA
We are pleased to inform you of the revolving Darul Ifta
educational programme. The Darul Ifta will be conducting a series of
programmes primarily related to Fiqh in the different Masaajid in the KZN
region.
The programme will also give an opportunity to
the different members of the community, adults, males, females and youth to
address their concerns.
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