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Al-Mahmood #38
Rabi'ul Awwal 1429 - March 2008


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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.

 

 

 

 

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