AL-MAHMOOD

Q: What is an appropriate response to non-Muslims on the issue of Rasulullah’s r marriage to Hadhrat Aaisha [radhiallaahu anha] at a young age?

Q: Rasulullah r was the most perfect and beautiful being created by Allah Ta’ala. Yusuf [alayhis salaam] was a reflection of half of the beauty of Allah Ta’ala’s entire creation, but the beauty of Rasulullah r even surpassed the beauty of Yusuf [alayhis salaam]. At the age of 25, when the young and most beautiful women of the Arabian Peninsula offered to marry Rasulullah r, he instead married Hadhrat Khadija [radhiallaahu anha] who was 40 years of age and widowed twice. He lived with her for almost 25 years until her death. It is only at the age of 50 that he took other wives. Refer to our detailed article on ‘The Polygamous Marriages of Rasulullah r on our website. Rasulullah r could have married a most beautiful young and unmarried woman as is the norm of a person marrying for the first time. The marriage of Rasulullah r to Hadhrat Khadija [radhiallaahu anha] totally absolves Rasulullah r of any promiscuity. The marriage to Hadhrat Aaisha [radhiallaahu anha] at a young age should never be viewed independently. It must be viewed keeping in mind the modest marriage of Rasulullah r to Hadhrat Khadija [radhiallaahu anhu] and his character. Rasulullah r was the true champion and advocate of the highest morals and dignity.

In the era of Rasulullah r, it was perfectly normal for girls to get married at the age of puberty. This was a norm in all semitic cultures from the Israelities to the Arabs, and all nations inbetween. According to some books of the Jews, it is preferable for a woman to be married when she has her first menstrual cycle. In another Jewish book, there are rules regarding sexual intercourse with girls who have not yet menstruated. Throughout history, puberty has always been a symbol of adulthood. Furthermore, there are no records of any objections to the marriage of Rasulullah r to Hadhrat Aaisha [radhiallaahu anha]. None of his enemies had ever criticised him for this. It is extremely unfair for us to judge Nabi r by the standards set by the people of today. In certain countries like China and Japan, the age of sexual consent is 12 and 13 respectively. In the United States, men who have sexual intercourse with young women will be termed as paedophiles. Would it be correct for the United States to label the Chinese and Japanese as paedophiles according to the United States’ standards? These are all standards set by the western world. Shall we judge our beloved Rasulullah r by the standards of today or by the standards set in his era? It is also proven that in those countries which have hot climates, people mature faster. This further indicates the maturity of Hadhrat Aaisha [radhiallaahu anha] since the Arabian peninsula has a very hot climate.

Q: Some South African Islamic institutions are registered as N.G.O's and are providing a tax certificate for donations (Zakaat, Lillah, etc.) A donor can claim 30% of the donated amount as a rebate at the end of the financial year. This is an allowance from the Government as one’s contribution to the nation. Is the donor now liable to re-pay the 30% portion claimed as Zakaat? For example, I give R10.00 in Zakaat, I am allowed to claim R3 back on my tax-return. I have distributed my Zakaat in full to an Islamic organisation. Does the R3 have to be paid as Zakaat?

A: The Zakaat and Lillah donations are different from the 30% rebate at the end of the financial year. The Zakaat or Lillah is paid in full to the Islamic organisation.

The 30% rebate is not from the Zakaat or Lillah donations. It is a rebate from the Government’s finances. You do not have to repay the R3 claimed on your tax-return.

Q: When is it Makrooh to make Salaam?

A: It is Makrooh [reprehensible] to make Salaam: 1) To a nude person, 2) To a person relieving him/herself, 3) To a person involved in playing futile games, e.g. cards, etc. 4) To a person who is delivering a Khutba or lesson, 5) To a person who is eating or drinking, 6) To a person engaged in some type of ibaadat, e.g. recitation of the Qur’aan, Salaat, etc. 7) For a male to make salaam to a young woman who is not a Mahram. (Raddul Muhtar vol.2 pg.625; HM Saeed)

Q: What should one do if one’s cellphone rings in Salaat?

A: One should ensure that one’s cellphone is completely switched off before Salaat. Nonetheless, if one’s cellphone rings while performing Salaah, one should try to switch it off in Salaah. However, it is important that in trying to switch the phone off, one’s actions do not constitute Amal Katheer. Amal Katheer is such an excessive act that gives the onlooker the impression that one is not in Salaat. If Amal Katheer takes place, the Salaah will become invalid. Therefore, one should try and use one hand in a swift and appropriate manner to avoid the Salaah becoming invalid. (Raddul Muhtar vol.2 pg.625; HM Saeed)

Q: Is spread betting in the financial market permissible?

A: According to our understanding, spread betting is the option of either purchasing (call) or selling (put) an item in the future based on the difference between the exercise price (agreed purchase or selling price) and the market price.

If one profits through the exercise price either by purchasing or selling shares, one exercises that option or else one forfeits the option. A price is paid for the option. According to the Shari’ah, the purchase of options is not Maal (commodity) and is not permissible. Furthermore, it has the element of gambling (Qimaar) in it. Effectively, the option purchaser and the company enters into a bet. If the exercise price is better, the option purchaser wins the bet or else he loses and the company wins the bet. This is not permissible.

Q: A husband wants to secure shelter for his wife after his death. He does not want to transfer his entire property on his wife’s name as this may be to his disadvantage. She could evict him from the house or she may predecease him, leaving him with only quarter (1/4) of the house if she has children, or at most half the house if she does not have children. What is the alternative as the concept of usufruct is not acceptable according to the Hanafi Madhab?

A: The following alternative specifically aimed to protect the wife may be considered. The husband sells a fixed portion (50%) of the property/house to his wife for a token price of for example 100 Rands. This must be a genuine purchase and sale transaction with all its implications in Shari’ah. The husband then purchases an item (jewellery, etc) from the wife on credit equivalent to the approximate value of the husband’s share in the property.

In the event of the husband passing away, and his heirs wish to sell their share of the property/house, the wife (being a shareholder in the property/house), will have the first right to purchase the remaining portion of the property/house as she will be Shareek Fi Nafsil Mabie (partner in the property). Furthermore, since the husband is indebted to her because of the item he had purchased from her, she may set off the debt with the remaining portion of the property/house due to the heirs and become the sole owner of the house.

In the event of the wife passing away, and her heirs wish to sell their share of the property/house, the husband will have the first right to purchase the wife’s share as he is a partner in the property. In this instance, the husband will inherit quarter (¼) or half (½) (depending on whether the deceased had children or not) of the wife’s share of the property/house. He will then have to negotiate a purchase price with the heirs for the remaining portion of the house and then become the sole owner of the house. However, it is important that the husband does not devise this mechanism to intentionally deprive the other heirs from their shares. His intention should be solely to protect and secure shelter for his wife.

PRESS STATEMENT

The Darul Ifta has been inundated with queries from the public on the Al-Ansaar issue. We therefore find it necessary to respond.

The Darul Ifta expresses its gratitude to all members of the public, Muftis, Ulama, the Businessmen, Professionals, Senior Counsels, Constitutional Experts, etc. for their overwhelming support in the Al-Ansaar issue. In particular, we were overwhelmed by the private acknowledgement of senior members of Al-Ansaar to the un-Islamic acts of the foundation and their sincere regrets and apologies.

It is important to point out that the Ulama are tasked with a Divine obligation to condemn un-Islamic practices. We have done just that in our previous Al-Mahmood and will continue fulfilling this Divine obligation without fear of any intimidation. Such an issue can never be of dispute to us. Issues are of concern and not personalities.

The Darul Ifta has been frustrated with the Al-Ansaar Ulama Supervisory Board and its workings. Of particular concern to us is that the chairman of the Ulama Supervisory Board is a non-Aalim. The Darul Ifta made a written complaint to Al-Ansaar in its letter dated ‘October 30 2004’.

We also wish to correct a misleading perception that Al-Ansaar never threatened legal action against the Darul Ifta. The Attorneys of Al-Ansaar, JH Nicolson, Stiller and Geshen (A Jewish Law firm) stated in one of their 2 letters to us, ‘…If you refuse, fail or neglect to do so within seven [7] days of the date of this letter, we are instructed to institute proceedings in the High Court of South Africa wherein our client will claim damages against you for defamation. In addition, our client will seek against you an order for punitive costs on an attorney and client scale. Further, we are of the view that your conduct, as a form of hate speech, warrants the attention of the Commissioner for Human Rights as well as the prosecuting authorities...’ Alhamdulillah, the Darul Ifta was never intimidated. This approach of Al-Ansaar incurred the wrath of the entire Muslim community that expressed itself in different ways, pamphlets, sms, boycotts, etc.

It is a principle of Shari’ah and we will fall foul of our Islamic obligations, if we do not state emphatically and categorically that to contribute to an organisation engaged in un-Islamic acts is definitely assisting in sin or at least advancing a sinful course in Shari’ah which is expressly prohibited in the Qur’aan (Maaidah 5, 63). The Qur’aan is replete with examples of the Prophets openly criticising wrong. They did not fear becoming unpopular as their focus was the pleasure of Allah Ta’ala. Izzat [honour] is in the hands of Allah and not by anyone else whatsoever. We do understand the confusion of the public regarding the radio station due to the participation of certain Ulama. That confusion is further exacerbated by Al Ansaar’s plan for a Television Station in their new premises. The public should refer their confusions to those Ulama directly for clarity. According to Shariah, resisting an open un-Islamic wrong is compulsory and silence will be regarded as Mudahanat (sycophancy) which is prohibited. A detailed and accurate dossier is being prepared outlining all the un-Islamic wrongs of the foundation which we are obliged to disclose for public benefit. The Darul Ifta wishes to place on record that our position of Nahi Anil Munkar [prohibiting un-Islamic acts] is not confined to the un Islamic activities of the Al Ansaar Foundation. We will condemn the un-Islamic acts of any individual or organization that flawnts the Laws of Shariah. Surely, that will be after adopting and exhausting diplomatic efforts to correct the un-Islamic acts as we have done with Al-Ansaar. What would become of ourDeen if the Ulama are silent whilst un-Islamic deeds are openly perpetrated? That will then lead to the anger and punishment of Allah Ta’ala in different forms, earthquake, etc. May Allah grant us Istiqaamat (steadfastness) in fulfilling the Divine obligation of Nahy anil Munkar, Aameen.

Last modified: July, 2007