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Q : What is the ruling of Shariah regarding a minor standing in the
row (saff) of the adults in Salah? What if there is only one
row? What is the point and age of distinction between an adult and
minor?
A: If there is more than one minor performing Salah with adults, the
row of minors should be behind the row of adults. (Ahsan al-Fatawa
(2:289) H.M. Saeed Company) If there is only one minor, then he
should stand in the row of the adults. (Al-Bahr al-Ra’iq (1:353)
Maktaba Rasheediya).
When a male becomes physically matured, for example by experiencing a
wet dream, he is now considered an adult in Shariah. By the age of 15
(lunar years), a boy will become an adult irrespective of whether any
signs of maturity are found or not.
(Raddul Muhtar 1:152 H.M. Saeed Company)
Q: According to Islamic Relief Worldwide, many Muslims too are
affected by HIV/AIDS (Tribune Herald - November 11, 2007). This has
huge implications in a marriage. Kindly advise on the following.
If a man takes a second wife and it is known that the second wife is
of loose morals and character, and she also has an illegitimate child,
can the first wife compel her husband and his second wife to have an
HIV test done as she, (the first wife), fears for her health and life?
A: Hereunder are a few basic principles that should be borne in mind
before any ruling could be made regarding the query:
• It is the moral responsibility of an AIDS patient to inform his
family members and others related to him/her about the infection, and
also take all the necessary precautionary measures.
• It is haraam (forbidden) and a major sin for an AIDS patient
to knowingly transmit the disease to any other person. Such a person
will be liable for penalisation keeping in view the nature of the act
and the harmful effect it has on an individual or on the society as a
whole.
• Although the preferred view of the Hanafi mazhab is that the
wife cannot have her marriage dissolved due to some defect in the
husband, the present-day Hanafi scholars have given fatwa on
Imam Muhammed’s view, wherein the wife has the right to have the
marriage dissolved due to defects in the husband that cause
detestation (e.g. leprosy, insanity, etc.), or those defects which
prevent her husband from fulfilling her desires. The same ruling will
apply if the husband has AIDS.
Jadeed Fiqhi Masaail Vol:5 Pg:44-52 (Kutub Khana Na’eemiyah – Deoband)
The
only way to determine whether a person has AIDS is to be tested for
HIV infection. Therefore, it will be permissible for the wife to
compel her husband to have an HIV test done.
However, the relationship between a wife and a husband is a
delicate and sensitive one. When dealing with such issues, the
sensitivities around them should be carefully handled.
Q: I engage in online chatting forums with the intention of Da’wah.
Very often my counterpart is a female. What is the Shariah ruling on
engaging in an online chat forum with a female with the intention of
Da’wah?
A: It is not permissible to engage in a general online chat with the
opposite gender. It is human nature to be attracted to the opposite
gender. Curiosity is also a sensitive instinct in a person. If a male
chats with a female, the above- mentioned two factors will feature
prominently in his communication with the female counterpart. He will
gradually get attracted to her and his curiosity about her will
unleash a host of attractions towards her. What is supposed to be a
general online discussion, will result in a person being entrapped in
a web of desires, hallowing in a prison of shaitan’s whisperings and
fitna. Allah says, “And do not go close to zina, it is immoral.” The
online chat is a road to zina and therefore prohibited.
(Quran 17:32)
Q: What should a wife do when she goes to her parent’s home, which is
equivalant to or more than the distance of a Shari Safar. Should she
perform full Salah or make Qasr?
A: Once the wife leaves her house and starts living with her husband,
the husband’s watan asli (place of domicile) is her watn
asli. The place where her parents live will not be regarded as her
watn asli. She will have to make qasr at her parents’
house if she does not intend to stay there for 15 days or more.
Fatawa Mahmoodiyah Vol:16 Pg:429 (Maktabah Mahmoodiyah)
Q: Is it permissible for a person to teach Hifz in a Musjid and charge
a fee for the teaching? This seems to be using the Musjid for
business.
A: In general, it is not permissible for a person taking wages to
teach in the masjid. However, if a person has the benefit of
the students in mind and does not have any other place to teach, then
it will be permissible for him to teach in the masjid on the
following conditions:
• He should be content with the minimal wages received for teaching.
• His teaching should not be a hindrance to the other i’badaat
taking place in the masjid, like salaah, zikr,
tilawat of Quaran, etc.
• The respect and the cleanliness of the masjid should be borne
in mind.
• Very small children, who are not aware of the respect of the masjid,
should not be permitted in the masjid.
The above mentioned ruling is when the ustaad himself charges a
fee. However, if the fee is acquired by the mutawallis of the
masjid for the well-being of the masjid, and the Imam
receives wages for being an Imam, then it will be permissible to teach
in the masjid in all respects.
Ahsanul Fatawa Vol:6 Pg:458 (H.M. Sa’eed Company)
Fatawa Mahmoodiyah Vol:6 Pg:185 & Vol:15 Pg:237 (Kutub Khana Mazhari)
Q: We are a sourcing company. We receive an enquiry for a certain
product from our customers. We source the product from factories and
distributors in China. We make a quote to our customers with our
profit margins added on. At times the customer makes partial payments
and at times he pays the full amount in advance. We then place an
order to our supplier/factory and then take delivery of goods and
forward them to our customers. What is the Shari validity of this
transaction?
A: The transaction mentioned in the query could be regarded as
Salam.
Salam
is a sale whereby the seller undertakes to supply some specific goods
to the buyer at a future date in exchange of an advanced price paid in
full on the spot.
The permissibility of salam was an exception to the general
rule that prohibits forward sales, and therefore is subjected to some
strict conditions, as summarised below:
1.
Full payment of the price should be made at the time of affecting the
sale. Failing to do so will be tantamount to a sale of a debt against
a debt, this is expressly prohibited by Nabi (Sallallahu Alaihi
Wasallam). A partial payment in Salam will be incorrect.
2.
Salam can only be affected in those commodities whose quality and
quantity can be specified exactly.
3.
Salam
cannot be affected on a particular commodity or on a product of a
particular field or farm. For example, if the seller undertakes to
supply the wheat of a particular field, or the fruit of a particular
tree, salam will not be valid.
4.
It is necessary that the quality of the commodity is fully specified
leaving no ambiguity which may lead to a dispute.
5.
It is also necessary that the quantity of the commodity is agreed upon
in unequivocal terms. If the commodity is quantified in weight, it
must be determined, and if it is quantified through volume, its exact
volume should be known.
6.
The exact date and place of delivery must be specified in the
contract.
7.
Salam
cannot be affected in respect of things which must be delivered on
spot. For example, if gold is purchased in exchange for silver, it is
necessary, that the delivery of both be simultaneous.
8.
It is necessary that the commodity remains available in the market
right from the day of contract up to the date of delivery. Therefore,
if a commodity is not available in the market at the time of the
contract, salam cannot be effected in respect of that
commodity, even though it is expected that it will be available in the
markets at the date of delivery. (Raddul Muhtar Vol.5 Pg.209 H.M.
Saeed Company)
Q: What is the iddat of a divorcee who is young and she experiences
prolonged durations of tuhr (clean period)? Many months pass by and
she does not experience menses.
A: If there is a prolonged pause of menses, then according to the
Hanafi Madhhab, the ‘iddah will still be the passing of three
menstrual cycles. She will wait for her menstrual cycles to
recommence. Her ‘iddah will not be determined by months.
However, if there is fear that she will be involved in fitna
for waiting for too long, then she should first try to resolve her
menstruation problem through medication. If that also fails, then she
may refer to a competent Mufti and present her situation to him for
consideration of relaxation in the law. A Mufti may consider the
Maliki Madhhab and issue a ruling of ‘iddah for one year.
However, if during the year, her menstruation recommences, then she
will have to restart her ‘iddah by menstrual cycles.
Fatawa Raheemiya (8/415) Darul Ishaat ; Kafiyat al-Mufti (6/401) Darul
Ishaat
Q: I am a local citizen and waiting for a marriage proposal for a long
time. I have received a proposal from a foreigner. What is your
advice?
A: There are many foreigners in our own country who marry local women.
Some are honest and sincere but many are not. In many instances,
foreigners marry local women and after having achieved their
objectives (whatever they may be), they abandon their wives and return
to their country. The matter becomes worse if the woman has a
child/children from the foreigner. Many local women have been in such
a predicament and then request for the annulment of their marriages.
You should not be hasty in your decision. We strongly advise local
woman who marry foreigners to enter into a pre-marital contract of
Tafweez-ul-Talaq wherein the authority of Talaq, subject to certain
conditions, is given to a responsible person from the girl’s family or
to an esteemed organization like the different Jamiats. This is merely
to facilitate the issuing of Talaq in a situation of being abandoned.
However, it is upon you to safeguard yourself from being a victim of
such a situation. Consult with appropriate family members and decide
with caution. |
