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Q. A
family member passed away. I inherited a sum of money which makes me
liable for zakaat. I have not been paid my share as yet and I do not
have access to my share. Is Zakaat compulsory upon me on my share of
the inheritance?
A. If you
do not have possession of your share of inheritance and you do
not have access to your share, there is no zakat on that amount.
(Maraqi
al-Falah ma’ Hashiya al-Tahtawi Pg.715 - Dar al-Kutub al-Ilmiyya)
Q. I
provide goods to a shopkeeper at R6.00 per item. The shopkeeper sells
the product at R10.00 and keeps the R4.00 for himself. Should I sell
the product to the shopkeeper or make him my agent? What is the
difference between the two and its implications?
A. The
transaction can be carried out in two ways:
1. You
sell the product to the shopkeeper on credit for R6.00. The shopkeeper
will now be the owner of the product. He is at liberty to sell the
product at whatever price he wishes to. It is permissible for the
shopkeeper to sell the product at R10.00 and make a profit of R4.00.
He will have to pay you R6.00 for each product as per mutual
agreement.
2. You
employ the shopkeeper to sell the product on your behalf. He will be
your agent. You stipulate the price of the product to be sold at
R10.00 and the agency fees will be R4.00 per product.
The
difference between the two transactions is that in the first case, the
shopkeeper buys the product and becomes the owner. In doing so, the
item comes into his ownership and responsibility. If the product is
stolen or damaged in the future, it would be his financial loss. He
will still be liable to pay you.
In the
second case, the shopkeeper is only an agent. The item is still in
your ownership and in the trust of the agent. If it were to be stolen
or damaged, you will have to bear the financial loss and the agent
will not be held responsible for the loss on condition it was not due
to his negligence or dishonesty.
Q. I am a
software professional. I build tools for other software professionals
who work in
banks. Is
my income Halal?
A.
Considering the fact that your work consists of only preparing tools
for other software professionals employed by various banks and that it
has no direct relation or connection to the impermissible Riba-based
transactions carried out by the banks, it will be permissible for you
to continue your employment. The income will not be considered Haram.
(Kifaya
al-Mufti, Vol. 7 Pg. 342 ; Fatawa Mahmoodiya, Vol. 17, Pg. 110 - Jamia
Farooqiya)
Q. Is it
permissible to give haram food to non-Muslims and animals?
A. It is
not permissible to feed haram food to anyone, even to non Muslims and
animals.
(Al
Fatawa Hindiyyah Vol. 5 Pg. 341 - Rasheediya)
However
if haram food is kept at a place where animals are exposed to it and
they eat it, you will not be responsible for feeding haram to the
animals.
Q. My
father is severely ill. He wishes to go for Umrah. He cannot use the
toilets on the aircraft. Can he use an adult diaper while in Ihram?
A. Many
people are of the misconception that Ihram refers to the two
pieces of cloth one dons during Hajj and Umrah. In reality, it refers
to the sacred state one is required to enter into in order to fulfil
the rituals of Hajj and Umrah. It is only a condition for the validity
of Ihram that one dons only such clothing that is not sewn
according to the shape of the human body. Wearing only two pieces of
cloth is not a condition for the validity of Ihram. It will be
permissible to wear only one piece of cloth or more than two pieces of
cloth, as long as they are not sewn according to the shape of the body
and the awrah (the parts of the body that are compulsory to
cover) is not exposed.
(Mu’alim
al-Hujjaj Pg.105 – Nazim Kutub Khana; Fatawa Raheemiyah Vol.8 Pg.74 –
Darul Isha’at)
In the
light of the above-mentioned, it will be permissible for one to wear
an adult disposable diaper, as it is not sewn according to the shape
of the body. This is further supported by the ruling passed by Hazrat
Mufti Rasheed Ahmed Ludhyanwi (R.A), wherein he permits hernia
patients to wear a langoot (a cloth generally worn by wrestlers
between the legs to conceal the private parts) to avoid protrusion of
intestines into the testicles.
(Ahsan
al-Fatawa Vol.4 Pg.531 – H.M. Sa’eed Company)
Being in
the state of purity is not a condition for the validity of Ihram.
Therefore, it will be permissible for your father to travel in the
state of impurity, as long as he purifies himself before engaging in
any act of worship or entering the Haram.
(Aapke
Masail aur Unka Hal Vol.4 Pg.106 – Maktaba Ludhyanwi)
This
ruling also applies to people who suffer from urine drops etc. during
ihram.
Q. Kindly
explain what is Muraqaba? There is much discussion about Muraqaba on
the internet that has created much confusion regarding this issue.
A. The
word Muraqaba is derived from the root letters
Ñ Þ È
.
ÑÞÈ
–
íÑÞÈ
(raqaba –
yarqubu) which means; to observe, to watch attentively, to heed, to
inspect. In terms of the Sharia, it refers to inspection and
introspection of one’s Nafs (inner self) with certain forms of
silent dhikr (khafi) in an attempt to bring the Nafs
in line with the injunctions and commands of Allah. In essence, it is
derived from the following verses,
“Verily
Allah is ever-watchful over you”(Quran 4:1)
and
“Does he
not know that Allah is watching?”(Quran 96:14)
Generally, Muraqaba is carried out by clearing one’s thoughts
of everything besides Allah. Thereafter, a person turns his spiritual
gaze and attention completely and exclusively towards Allah Ta’ala. He
meditates upon the fact that Allah Ta’ala is constantly watching and
observant of every single move he makes and every thought that crosses
his mind. When such a mindset becomes firmly established in an
individual, he is said to have achieved the stage of Ihsan
(excellence) as referred to in the following Hadith,
Jibreel u
asked Rasulullah r, “What is Ihsan?”
Rasulullah sallallahu alayhi wasallam replied, “It is that you worship
Allah as if you are seeing Him and if you are unable to see Him, then
(know well) that He sees you.”(Bukhari,
Hadith # 50, Dar Ibn Katheer - Beirut).
When a
person is focused on the thought that Allah is watching over his every
move and thought, how could such a person ever conceive committing
even the lightest of sin. Furthermore, such a person will worship
Allah with full attention, reverence and subjugation which is the
basic purpose of life as stated in the following verse,
“And I
have not created the Jinn or mankind except that they should worship
Me.”(Quran 51:56)
Accordingly, muraqabah is a meritorious act and should be done under
the guidance of a reliable Sheikh.
Q. If a
person has a running nose during Salaah, should he let it run or
should he break his Salah and blow his nose?
A. If a
person has a running nose in Salaah, it is better for him to blow his
nose using one hand, than letting it continue running. He does not
have to break his Salah to blow his nose.
(Al-Fatawa
al-Hindiya, Vol. 1 Pg. 105 - Dar Ihyaa’it Turath al Arabi)
Q. It is
a practice in our Musjid after Fard Salah to make an announcement of
an “important” effort of Deen after Salah. The Tabligh Propramme after
Salah is then conducted in the Musjid. The announcement of the
programme distracts our attention in Salah. Is not the Musjid only a
place for Salah?
A. Talim
in the Musjid is also among the etiquette of the Musjid. It was the
noble habit of Rasulullah sallallahu alayhi wasallam to teach the
Sahabar adiallahu anhu in the musjid. The Sahaba radiallahu anhu would
also conduct Talim in groups in the musjid.
(Majma’ul
Zawa’id Vol.1 Pg. 132 - Maktaba Al-Qudsi)
Talim in the musjid falls in the category of inhabiting the musjid.
Allah Ta’ala says, “Verily those people who believe in Allah and the
hereafter, inhabit the masaajid of Allah”.(Quran
9:18)
It is
also from the aadab of the musjid to be considerate to fellow
musallies. One should not do anything that will inconvenience fellow
musallis. The talim in the musjid could be conducted in a way that
avoids inconveniencing fellow musallis by doing the Talim after the
sunnats of salat in an area of the musjid where generally nobody
performs salah.
The
announcement of Gusht is generally made after salah. If this is
delayed, the purpose of the announcement will be defeated. People will
not know about the gusht and will go away. However, the announcement
should be as brief as possible and in a moderate tone. If the late
comers still feel disturbed, then the only solution for this is that
they tolerate and keep in mind the greater benefit for the ummah in
the announcement. Inshallah, the reward for the tolerance will be
greater than the lack of concentration in the salah. The distraction
through such an announcement will not decrease one’s sawab. |