Madrasa In'aamiyyah, Camperdown

Q: Is it permissible to use a credit card facility?
A: Yes, it is permissible to use a credit card facility. However, a credit card holder should ensure that deposits are made on time to avoid paying interest.

Q: Are contraceptions permissible?
A: All forms of reversible contraception (e.g. condoms, IUD, etc.) are permissible on condition that it is not used out of fear of poverty and also that it is consentual between husband and wife.

Hadhrat Abu Saéed Khudhry (RA) reports that one person asked Rasulullah (Sallallaahu Álayhi Wasallam) about Azal (Coitus Interruptus). Rasulullah (Sallallaahu Álayhi Wasallam) replied, ‘When Allah Taãla intends creating a child, nothing can stop him.’ (Mishkãt pg. 275; Qadeemi)

Q: I have supplied imported goods to a customer and fixed a price in rands to be paid within two weeks. The price was determined according to the dollar rate which was relatively lower. Two weeks passed by and my customer did not yet pay me. In the interim, the value of the rand dropped sharply. Considering the fact that I have to pay my supplier in dollars, if my customer still pays me only the agreed price I will suffer a loss. Hence, can I extend the period of paying and change the price? If I cannot, what is the alternative?
A: Since you and your customer have agreed on a certain price, you cannot give him more time and change the price.

However, you may request a dissolution in the transaction and if he agrees, you may enter into a new agreement. In future, you may sell the goods at a higher price and offer a discount if paid sooner.

Q: Is Euthanasia permissible or not?
A: Active euthanasia where patients may end their lives by, for example, lethal injection is not permissible under any circumstances.

Passive euthanasia where patients may withhold treatment or artificial life-support is only permissible if a trustworthy specialist feels that there is no hope of survival. (Bahas-o-Nazar; Fiqh Academy, India)

Q: Is it permissible to hand trophies as gifts to children in Madrasah?
A: Handing trophies to children is a Kuffaar way of celebrating progress which should be totally abandoned.

Q: Can one perform any Salaat or Fardh Salaat after Asr Salaat?
A: It is not permissible to perform any Nafil Salaat after Asr Fardh Salaat. However, Qadhaa Salaat may be performed after Ásr Salaat as long as the sun is still shining brightly. (Shaami vol. 1 pg. 274; Maajidiyya)

Q: Can one use toothpaste to brush the teeth while in Ihraam?
A: No, it is not permissible to use toothpaste in the state of Ihraam. (Hashia Tahtawi; Durr-e-Mukhtaar vol. 1 pg. 493)

Q: Can a woman use medicine to stop menstruation if she wants to go to the Masjid-ul-Haram or Masjid-un-Nabawwi?
A: The woman should wait for her menstruation to stop and thereafter go to the Masjid. However, if due to circumstances that cannot be avoided, she may use the medication.

Q: Can she use the same medicine during Ramadhaan at her home so she can complete all of her fasts during the auspicious month of Ramadhaan?
A: A menstruating woman cannot fast. She can make up for the fast at some other time. She should not interfere with her natural cycle. However, if she does take the medication and fast, her fast will be valid.

Q: One of my dearest and nearest acquaintances has won a lottery. Due to some legalities they cannot cash in on it. Can I obtain the cash for them and accept some cash as a gift?
A: The lottery won by your friend is through gambling, hence Haraam. It is not permissible to use the money or for you to cash it. Allah Ta’ala says, ‘...And do not assist in sin and oppression ...’ (Maaidah)

Q: I have informed many of my family members to practise the Hijaab but they do not listen. What should I do?
A: There are two aspects here:

One is I’elaam (to inform) and the other is I’emaal (to make others practice). Informing is merely a means of making others practice. The purpose (to make others practice) should be placed first and then wisdom should be applied in trying to achieve the purpose.

Q: What is the waiting period for a divorcee whose husband had given her one Talaaq-e-Rajée(revocable) divorce and passed away before the Iddat of divorce terminated? Will she inherit from his Estate?
A: The waiting period for a divorcee will be changed to the Iddat of death i.e. four months and ten days. She will inherit from his Estate. (Ibid)

Q: A person took a vehicle for a test-drive from a dealer (with no intention to purchase). He was involved in a small accident with the vehicle. By law, he was at fault. The dealer’s insurance company claims from the person, the claim comes one year later. Is this according to Shari’ah a debt on his head? How will this, if at all, affect his Zakaat?
A: Since the person had no intention to purchase the vehicle, he has transgressed by taking it under the pretext of purchasing the vehicle. Therefore, a claim against him is legitimate according to Shariáh. Since this is a liability upon him, he does not have to pay Zakaat on the amount.

Q: Is it a sin to conceal one’s actual income to the government to avoid paying exorbitant taxes?
A: It is not a sin to conceal your proper income. However, one must avoid all such actions which bring disgrace upon one. Rasulullah (Sallallaahu Álayhi Wasallam) said, ‘It is not proper for a believer to disgrace himself.’ (Tirmidhi)

Q: Are Islamic laws applicable in a non- Muslim country?
A: If the internal and external affairs of a country are run by a non-Muslim government, and the government has not appointed a Muslim leader or judge for its Muslim subjects, then it is incumbent upon the Muslims of that country to appoint a leader for themselves if they are free to practice Islam in that country. However till they do not unanimously decide on a leader, it is permissible for them to appoint a Muslim judge (or body), with whom the people are pleased, to handle their affairs according to Shariáh. (Iezaahun-nawaadir, p. 120)

Q: What is Akbari Hajj (Big Hajj)?
A: Akbari Hajj refers to every normal Hajj. It is called Akbari Hajj (big Hajj) to distinguish it from Umra which is called Hajj-e-Asghar (small Hajj). However, if the day of Arafaat is a Friday, the reward for such a Hajj is 70 times more. (Darse Tirmidhi vol. 3 pg. 245).

Q: There is a cash price and credit price for an item. The credit price is more. Is this permissible?
A: If the credit price is fixed it will be regarded as the full amount, the cash price would be a discount provided that one price is fixed at the time of the transaction, the sale will be valid.

Q: Do children born out of wedlock inherit from their parents’ Estate?
A: No, children born out of wedlock do not inherit as heirs. However, the ‘parents’ may bequeath a portion for them from 1/3 of the Estate.

Q: In which row is it preferable to stand in Janaaza Salaat?
A: It is preferable to stand in the last row for Janaaza Salaat. This displays one’s humility which is conducive to the acceptance of his intercession for the forgiveness of the deceased. (Fataawa Mahmoodiya vol. 6 pg. 474; Majidiyya)

Q: What is the waiting period (Iddat) for a widow?
A: Allah Taãla says, ‘And those men who pass away among you and leave widows, they (widows) must wait for four months and 10 days.’ (Baqarah). However, if the widow is pregnant, her Iddat will be till birth. (Shaami vol. 2 pg. 655; Majidiyya)

Q: What is the Iddat (waiting period) for a divorcee whose husband had given his wife 3 Talaaqs or Talaaq Baain (irrevocable)? Will she inherit from his Estate?
A: She will have to complete the Iddat of divorce only. She does not have to observe the Iddat of death. She will not inherit from his Estate. (Ibid pg. 656)

Q: What is Talaaq-e-Baain and what are its implications?
A: Talaaq-e-Baain is when the husband pronounces divorce with ambiguous words with the intention of divorcing his wife, for example, ‘Get out of the house’ or ‘I do not want you anymore’. The Nikah terminates and a re-performance of Nikah is necessary. (Ibid pg. 501)

Q: What is Talaaq-e-Rajée (revocable) and what are its implications?
A: Talaaq-e-Rajee is when the husband pronounces one or two divorces with words expressly meaning divorce, for example, ‘I divorce you’ or ‘I give you Talaaq’. However, the husband can revoke the divorce before the expiry of the Iddat verbally by saying, ‘I take you back as wife’ or physically by being intimate. (Ibid pg. 465)

Q: Is it permissible to breast-feed while pregnant?
A: Yes, it is permissible.

Q: Is ‘Yoga’ as a fitness programme permissible?
Yoga, according to the World Book lexicon is, ‘A system of Hindu religious philosophy that requires intense mental and physical discipline as a means of attaining union with the universal spirit.’ (World Book p. 2421). Hence even though Yoga is used only as a fitness programme, it is not permissible due to its close links with the Hindu religion.

AL MAHMOOD #2

Q: I have a R200,000 bond on my house which will be paid over 10 years at R20,000.00 per year. When calculating my Zakaat do I regard the entire R200,000.00 as a liability? In this case, I will not pay Zakaat for many years. Alternatively, should I calculate only the liability of one year (R20,000.00)?
A: Only the amount due for one year i.e. R20,000.00 will be regarded as a liability. (Shami vol. 3 pg. 177; Lebanon)

At the same time, we should remember that it is Haraam to enter into any transaction which involves interest.

Q: How long can a married person stay away from his wife?
A: A married person may stay away from his wife for whatever period that was mutually agreed upon. However, if the wife is not happy regarding the husband staying away, then the husband should meet his wife at least once every four months. (Fataawa Nizamiya vol. 1 pg. 250)

Q: What is the ruling concerning Muslims who consume the edibles of the mushrikeen, especially those presented during Diwali and Christmas?
A: While it is permissible to accept gifts from non-Muslims, extreme precaution should be taken about consuming Haraam. For example, during the festival of Diwali, eatables are generally prayed upon; to consume such food is totally Haraam. Therefore, as a matter of precaution all food presented to one by non-Muslims during their festivals should not be consumed. It is also not permissible to participate in their functions and festivals. (Fataawa Abdul Hai pg. 482)

Q: My father passed away many years ago. He left behind a business and several other assets and investments. Over the years no Zakaat was paid from the Estate. How must the Zakaat now be calculated?
A: The Estate should be wound up as quick as possible. To delay in winding the Estate is a sin.

Every heir is the owner of his respective share. Therefore, he should calculate the Zakaat on his own share only.

Q: Is it permissible to exchange/sell rands for dollars and vice versa? What are the conditions, if any?
A: Yes, it is permissible to exchange/sell rands for dollars and vice versa if the price is fixed. At least one of the two currencies (rands or dollars) respectively should be taken possession of immediately. (Iezaahun Nawaadir pg. 119)

Q: How should one calculate Zakaat on investments?
A: If the company buys and sells merchandise, Zakaat will be calculated on the capital investment as well as on the dividends. If the company does not buy and sell but only leases out properties, Zakaat will only be calculated on the dividends earned, not on the capital amount. (Fatawa Rahimiya vol 2 pg.14)

Q: What is the ruling for a person who commenced fasting in the morning but broke the fast without any valid Sharée reason?
A: Such a person will have to make Qadhaa (make-up) for the missed fast as well as give Kaffarah (compensation) for breaking the fast.

Kaffaarah (compensation) for breaking the fast is to free a slave. If that is not possible then one must fast for two months (60 days) in succession. If that is also not possible then one must feed 60 poor people. (Shaami vol. 3 pg. 390; Lebanon)

Q: Does taking an injection nullify the fast?
A: No, an injection does not nullify the fast.

Q: What is the ruling of a Muslim adult who does not fast in Ramadaan without any valid Sharée reason and eats in public?
A: Fasting is a salient feature of Islam. To openly eat during Ramadaan is a major sin. In an Islamic country the ruler will order for such a person to be imprisoned or punished. (Ahsanul Fataawa vol. 1 pg. 37)

Q: A female starts menstruating while fasting. How should she conduct herself? What if she stops menstruating during fasting?
A: If her menses commenced while fasting, she can eat (not in public). If her menses stopped while fasting, she should abstain from eating, drinking, etc. but (in both instances) make up for the day by keeping a Qadhaa fast after Ramadhaan. (Aalamgiri vol. 1 pg. 214; Rashidiyya)

Q: Apart from the practice of the Sahaaba (Radhiallaahu Ánhum) performing 20 Rakaats Taraweeh, is there any confirmation of 20 Rakaats from the practice of Rasulullah (Sallallaahu Álayhi Wasallam) himself?
A: Yes, Ibn Ábbaas (Radhiallaahu Ánhu) narrates that Rasulullah (Sallallaahu Álayhi Wasallam) used to perform 20 Rakaats in Ramadaan besides Witr. (Al-Musannaf ibn Abi Shayba vol. 2 pg. 164; Darul Taj)

Q: Kindly explain what is I’tikaaf?
A: I’tikaaf means to go into seclusion.

I’tikaaf in the last ten days of Ramadaan is an emphasised Sunnah of Rasulullah (Sallallaahu Alayhi Wasallam). If nobody in the town sits for I’tikaaf, all the people of the town will be sinful.

Q: What is the area of shaving the pubic hair for a male and female?
A: The area immediately under the navel is not to be shaven.

The area of shaving for a person (male / female) is above and around the private parts. If possible, it is commendable to shave around the hind private parts as well. (Al-Kaamil, commentary of Muslim; Imaam Nawawi vol. 1 pg. 128).

Q: Is it permissible to pay collectors of a Muslim organisation using the ‘commission on the funds collected’ technique? Please explain.
A: Commission on funds is permissible only from Lillah monies if the percentage is stipulated. Zakaat monies cannot be used to pay the commission. However, due to various complaints from different organisations about renumerating in the form of commission, we discourage that procedure. A set salary should be stipulated for the collector.

However, since this procedure also has its negative factors, it is suggested that a basic salary of e.g. R2000.00 be stipulated and the remaining renumeration be stipulated according to an amount collected. For example, the collector be paid a R1,000.00 for every R10,000.00 of which R8,000.00 should be Lillah and the maximum wage, for example R4,000.00 be stipulated. If the collector does not collect the targeted amount of R10,000.00 he should be paid in proportion to whatever amount he has collected. The renumeration shall not exceed that amount, irrespective of the surplus amounts collected. A separate agreement be made for the vehicle, petrol, wear and tear expenses in a way that is fair but does not lead to abuse of funds collected.

Q: What is your opinion on the suicide bombers in Palestine?
A: If a community is oppressed and denied its basic human rights, it is permissible for them to fight against the oppressors and free themselves from such oppression. It is permissible for them to engage in Jihaad - risking their lives in the hope of saving themselves from oppression.

The people of Palestine are the most oppressed people and live in constant fear by the rule of the Jewish oppressors. Their extreme frustration and hardships have led them to behave likewise - to resort to suicide bombings. Assuming the suicide bombing is evil but this evil is opposed by a greater evil for which there is no adequate substitute, therefore, their act will also be justified as lesser of the two evils in terms of the Shari’ah.

Q: Can a female make Itikaaf in her house?
A: Yes, she may make I’tikaaf in her special place reserved for Salaat. If she does not have such a place, she may reserve a place and make I’tikaaf.

Q: A man gave his wife one Talaaq-e-Rajée (revocable Talaaq). Upon the expiry of the Iddat he issued another Talaaq-e-Rajée. Is the second Talaaq valid?
A: Upon the expiry of Iddat she is no more his wife. The second Talaaq is not valid. (Shaami vol. 4 pg. 540; Lebanon)

Q: When one or two Rakaats are missed of a four Rakaat Fard Salaat (behind an Imaam), how does one complete the missed Rakaat(s) - after Salaam? Do I have to read Surah Fatiha and another Surah or only Surah Fatiha?
A: 1 RAKAAT MISSED; The Muqtadi must recite Surah Faatiha and a Surah.

2 RAKAATS MISSED; The Muqtadi must recite in both Rakaats Surah Faatiha and a Surah.

3 RAKAATS MISSED; In the first Rakaat, the Muqtadi must recite Surah Faatiha and a Surah and then sit for Tashahhud. After Tashahhud, he must stand up for the second missed Rakaat and recite Surah Faatiha and a Surah. In the third missed Rakaat, he must recite Surah Faatiha only.

4 RAKAATS MISSED; In the first two Rakaats recite Surah Faatiha and a Surah. In the second two Rakaats recite only Surah Faatiha. (Shaami vol 2 pg. 346; Lebonon)

Q: Can Muslims donate/transfuse blood?
A: It is permissible to donate and transfuse blood if:

a) There is a desperate need to donate blood; b) There is no other alternative; and c) This has been prescribed by an expert medical practitioner.

This permissibility is based on the principal of ‘necessity relaxes prohibition’. (Al-Ashbaah).

However, the permissibility of blood donation and blood transfusion is determined by the following conditions:

a) The donor willingly donates his blood. If he is compelled to do so, it will not be permissible; b) There is no danger to his (the donor’s) life or health; c) If the doctor feels that the patient will lose his life and there is no other alternative but recourse of blood transfusion; and d) There is no fear of death but the recovery is not possible without blood transfusion.

It is not permissible to sell one’s blood or to pay the blood donor. However, if one is in need of blood desperately and the only means to obtain the blood is to purchase it, then only will it be permissible to pay for the blood.

NB. Blood donation and blood transfusion is not permissible for the sake of beautification or for any other reason other than genuine necessity.

AL MAHMOOD #3

Q: Kindly explain what is Takbeer-e-Tashreeq and when should it be recited.
A: Takbeer Tashreeq is the recitation of Allahu Akbar Allaahu Akbar, Laa ilaaha illa-llaahu Wallaahu Akbar, Allaahu Akbar walillaahil hamd after every Fardh Salaat commencing from Fajr of the 9th of Dhul Hijjah till after Asr of the 13th of Dhul Hijjah. (Shaami vol. 1 pg. 620; Kuwait)

When Ibrahim (ÁS) began moving the knife on his beloved son, Ismaaeel (ÁS), the angels sent by Allah with a ram from Jannah exclaimed, ‘Allaahu Akbar, Allaahu Akbar’ (Allah is the Greatest, Allah is the Greatest). Ibraahim (ÁS) heard the voice of the angels and replied, ‘Laa ilaaha illa-llaahu Wallaahu Akbar’ (There is no god but Allah, and Allah is the Greatest). His son Ismaaeel (ÁS) heard this conversation and understood that Allah had relieved him from this great trial, thus he replied, ‘Allaahu Akbar Walillaahil hamd’ (Allah is the Greatest, and to Allah belongs all praise) (Ibid).

Q: Is Takbeer-e-Tashreeq compulsory upon a female or a Musafir who did not perform Salaat with congregation?
A: Yes, Takbeer Tashreeq is compulsory upon all of the above. (Ibid).

Q:Upon whom is Qurbani (sacrificing an animal) compulsory?
A: Sacrificing an animal is compulsory upon every adult and sane Muslim who possesses minimum Zakaatable wealth (Nisaab) on the 10th of Dhul Hijjah.

It is not necessary to have the wealth for one year as in the case of Zakaat. (Shaami vol. 6 pg. 312; HM Saeed)

Q: Is Qurbani compulsory upon a minor who is wealthy?
A: No, Qurbani is not compulsory upon a minor who is wealthy. (Shaami vol. 6 pg. 316; HM Saeed)

Q: When does the time for sacrifice commence and terminate?
A: The time for sacrifice commences after the Eid Salaat on the 10th of Dhul Hijjah and terminates upon the setting of the sun on the 12th of Dhul Hijjah. Sacrifice before the Eid Salaat is not valid in an area where Juma and Eid Salaats can be performed e.g. city, town, etc.

In an area where Juma and Eid Salaats cannot be performed according to Shariáh, for example, a little village, then the sacrifice can be performed immediately after Subuh Sadiq (true dawn). (Sham vol.5 pg.221; Kuwait)

Q: Which parts of the animal are prohibited to consume?
A: Seven parts of the animal are prohibited to consume: a) male genitals, b) female genitals, c) testicles, d) the bladder, e) gall bladder, f) glands, g) spinal marrow. (Ahsanul Fataawa vol. 7 pg. 406)

Q: If a person did not perform his compulsory Qurbani for the past 3 years, what should he do?
A: He should calculate the present value of an average sheep or 1/7 share of a cow and give the money in charity. (Ahsanul Fatawa vol. 7 pg. 533)

Q: Is it permissible to sacrifice an animal and pass the reward to a deceased relative?
A: There are two aspects: 1) to make a voluntary sacrifice on behalf of any person e.g. Rasulullah (Sallallaahu Alayhi Wasallam), a relative, etc. This is permissible, the person will get the reward of the sacrifice. However, one must discharge his obligation of sacrifice separately. The sacrifice on behalf of any other person will not suffice for one’s own obligatory sacrifice.

2) To make one’s compulsory sacrifice and thereafter make an intention of giving the reward to the deceased. In such a case, the compulsory sacrifice of the person will be discharged.

Q: Is it prohibited to cut one’s hair in the first ten days of Dhul Hijjah?
A: It is Mustahabb (commendable) for a person making Qurbaani not to cut the hair and finger nails from the 1st of Zul Hijjah until after slaughtering the Qurbaani animal. To observe this Mustahabb act is greatly rewarding. Rasulullah (Sallallaahu Álayhi Wasallam) said ‘In lieu of every limb and part of the animal, the person’s limbs and parts of his body will be freed from Jahannam (Abu Dawood). Therefore, a person should try as much as possible to leave his hair and nails uncut in these ten days so that they may be freed in lieu of the nails and hair of the sacrificed animals. However, if the hair under the arms and in the pubic region is very long (which renders the Salaat Makrooh i.e. more than forty days), then it will become compulsory to remove such hair. However, if a person forgets to clip the nails before the 1st of Dhul Hijjah and the nails have grown so long that they may cause injury, then he may clip them.

Q: Can Haraam meat be given to cats and dogs?
A: No, Haraam meat cannot be given to cats and dogs.

Q: Is it permissible to include a share of Walima as well as Aqeeqa in one cow?
A: Yes, it is permissible. (Ahsanul Fataawa vol. 7 pg. 533)

Q: Is it permissible to fast on the day of Arafat?
A: Yes, it is permissible. Rasulullah (Sallallaahu Álayhi Wasallam) said, ‘The fast on the day of Arafat is an atonement for the sins of the past and following year’. (Sahih Muslim; Hadith 1977). However, for those who are on a journey, such as Hajj, etc. and cannot fast due to physical weakness should not fast. (Hidaaya vol. 1)

Q: Is it permissible to make Du’a after the Eid Salaat before the Khutbah?
A: Yes, it is permissible (Fataawa Mahmoodiya vol. 16 pg. 540)

Q: What is the ruling on the income obtained from selling Haraam meat?
A: Income from selling Haraam meat is Haraam.

Q: Can a person performing Tamattu Hajj perform his Umra first and thereafter go to Madina Munawwarah?
A: It is ideal for a person performing Tamattu Hajj to first go to Madinah Munawwarah and thereafter come to Makkah Mukarramah and perform Umrah. However, if the person for any reason decided to go to Makkah first and perform Umrah, his Tamattu Hajj is valid. (Fataawa Rahimiyya vol. 6 pg. 394)

Q: I am a traveller and stayed at one place in Durban for 20 days. Thereafter, I travelled to Empangeni and returned to Durban at the same place for only two days. Must I make Qasr in the remaining two days in Durban?
A: By undertaking a journey of 88 kms. (48 Sharée miles) or more from the place you were stationed at in Durban, your stay in Durban was then cancelled. Thus upon your return you are a Musaafir and have to perform Qasr (2 Rakaats in Dhuhr, Asr and Esha).

Q: I live in Durban with my family and go to Empangeni for business. During the weekends, I return to Durban. I also have a house in Empangeni. Presently, I do not intend residing there. Am I a Musaafir in Durban and Empangeni and do the concessions of a Musaafir apply to me in both places?
A: If you intend staying in Durban permanently then while in Durban you are not a Musaafir. You will have to complete your Salaat. If you have intention of returning from Empangeni before 15 days, you will be a Musaafir there. You will have to make Qasr (perform two Rakaats) in Dhuhr, Asr and Esha Salaats. Witr will also have to be performed when you are a Musaafir.

Q: What is the ruling of a person who humiliates an Aalim of Shariáh?
A: If the person humiliates an Aalim because of his views based upon his knowledge of the Qurãn and Hadith, such a person loses his Imaan. If he is a married person his Nikaah terminates. If he fathers a child before renewing his Imaan and reperforming his Nikah, the child will be illegitimate. (Fatawa Mahmodiya vol.6 pg. 119)

Q: What does the Shariáh say with regard to dying hair? Is it permissible to dye one’s hair?
A: Pure black dye is not permissible. Rasulullah (Sallallaahu Álayhi Wasallam) said, "There will be people who will come later (in my Ummah) and apply black dye. They will not even smell the fragrance of paradise." (Abu Daawood). However, it is permissible for a Mujaahid (warrior) to apply black dye in order to give the impression of being young. (Jawahirul Fiqh vol2 pg421)

To dye the hair any other colour besides black e.g. Mehndi or Katm (type of grass) is permissible. This was the practice of Rasulullah (Sallallaahu Álayhi Wasallam) and the Sahaaba (Radhiyallaahu Ánhum). (Jawahirul Fiqh vol2 pg421)

Q: A couple are married according to Islamic rites. They own two cars, one of which was brought into the marriage while the other was purchased during the time of marriage. They also own a house which was purchased during marriage.

They are now in the process of divorce. How are the assets to de divided? What is the position with regard to maintenance?
A: According to Shari’ah, any person (husband/wife, etc) is the sole owner of his/her assets. The marriage or divorce does not affect the sole ownership of the assets. The two cars and house belong to the sole owner, be it the husband or the wife. However, if the assets were in partnership, each partner would take his/her respective share.

A divorcee is entitled to maintenance upto expiry of the Iddat, if she is not guilty (according to Shari’ah) of the marriage breakdown. If she is guilty then she is not entitled to maintenance even during Iddat. The father of the children is solely responsible for his children. Thus, he will have to support them even though they are not in his custody.

Q: Is is true that during an eclipse, a pregnant woman should not handle a knife or any other sharp instrument, otherwise the child will be affected?
A: No, this has no basis in Shari’ah.

Q: Kindly explain the Shar’ee procedure of employing an Imaam.
A: Basically the trustees and Imaam enter into a contract of Ijaarah (hiring) and the contractual agreement is binding on both parties.

As such, the duties and remuneration should be specified, thus leaving no such ambiguity which may lead to any confusion in future. Any ambiguity in the contract will render the contract invalid. Apart from the contractual agreement, the responsibility of the Imaam is to dedicate himself to serve the community and bring about an Islamic awareness and reformation. In order for the Imaam to successfully interact with his congregation, the Trustees must honour and respect the Imaam.

AL MAHMOOD #4

Q: I advertised my car for sale. A person wanted to buy the car and paid a deposit of R500. The car was then kept for him until he pays the full amount. After a few hours the man returned and indicated that he does not want the car and wanted his deposit back. I refused to return the deposit since I had declined many other offers. I also had incurred advertising costs. Eventually, I decided to give back R250. Kindly explain if I was correct in keeping the remaining R250.
A: Since you accepted a dissolution in the transaction, the full deposit amount of R500 had to be returned to him. The advertisement costs was a risk undertaken by you.

Q: Monies accrued from the Pension Fund Act (1956), does it form part of the nett Estate of the deceased? An amount is deducted from the salary and paid to the fund. The employee has no claim over the contributed amount.
A: The monies accrued from the Pension Fund Act (1956) as death benefits is not subject to the rules of inheritance. The monies will be distributed according to the rules and principles of the act.

Q: What does the Shari’ah say regarding, Unidentified Flying Objects (UFOs), aliens, etc.?
A: The creation of Allah Taãla is very vast and beyond our comprehension. In every time and era scientists have made strange discoveries of the creation of Allah and they will continue to do so. However, the research of the scientists will be exhausted yet they will never be able to conquer the reality of the creations of Allah, nor will they be able to discover even a fraction of the entire creation.

However, the creation of Allah is a manifestation of the Power of Allah. Allah invites us to ponder upon His creation and understand His Power. With regard to aliens and flying objects, since the reality of these objects are not known, it is not possible to comment upon them. For our belief, if there is reality in those objects, it should be seen as another manifestation of Allah’s Power.

Q: Is there any basis in Shari’ah about the second Islamic month of Safar, having bad luck?
A: No, this has no basis in Shari’ah. Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘There is no (evil in the month of) Safar. (Mishkat pg. 391; Saharanpur)

Q: Is it permissible to take part in the forthcoming SA democratic elections, by voting or standing as a candidate, etc.?
A: It is permissible to take part with the following conditions; a) there is no obtstacle in accomplishing the laws of Islam, b) one is able to serve the Muslims, and, c) one is able to save the Muslims from oppression. (Fataawa Mahmoodiya vol.13 pg. 425)

Q: Is the monarchy system of ruling in Muslim countries according to Shari’ah?
A: The hereditary nature of the monarchy system is in conflict with the Islamic teaching. The appointment of a ruler in Shari’ah is based on qualifications and not on hereditary claim.

Q: Is it permissible to consult a non-Muslim for treatment in witchcraft?
A: It is advisable to consult a pious and upright Muslim. However, as a last resort, it is permissible to consult a non-Muslim provided that he does not practice Shirk or any other un-Islamic act in his treatment.(Fataawa Mahmoodiya vol.5 pg.158)

Q: Do I make sajda everytime I hear the Aayat of Sajda from a cassette? What if I am teaching the Quraan to a child, do I make sajda everytime we read the Aayat?
A: If a verse of Sajda is heard on a cassette, it is not compulsory to make Sajdah. While teaching, if a verse of Sajda is recited repeatedly in the same sitting, only one Sajda should be made. However, if one walks away from the place of the first recitation or moves into a totally different place e.g. a different room, and the Aayat of Sajda is repeated then separate Sajda should be made for each time that the Aayat was recited in a different place. (Aalamgiri vol. 1 pg. 132; Rashidiyya)

Q: If Arafaat falls on a Friday, then will the Hujjaaj perform Jumu’ah Salaat at Arafaat?
A: No, the Hujjaaj will not perform Jumu’ah Salaat at Arafaat. Instead, they will perform Dhuhr Salaat. Rasulullah (Sallallaahu Alayhi Wasallam) performed Dhuhr Salaat on Friday at Arafaat. (Mishkat pg. 225; Saharanpur)

Q: Is it permissible to cohabit with the wife whilst she is pregnant?
A: Yes, it is permissible as long as cohabiting does not harm the child and the mother.(Fataawa Mahmoodiya vol.5 pg.197)

Q: My mother passed away without performing some of her Salaat. Can I perform the Salaat on her behalf?
A: In principle there is no deputation in physical worship, such as, Salaat. Hence, it is not correct for you to perform the Qadhaa Salaats on behalf of your mother. Fidya (monetory compensation) should be given for the missed Salaats from within 1/3 of her Estate if she made a bequest of Fidya. If she did not make a bequest, you should apply your honest discretion for the number of missed Salaats and give the money to the poor and needy Muslims as Fidya for your mother’s missed Salaats. It is hoped that Allah will accept it on behalf of your mother.

The amount of Fidya for each Fardh Salaat and Witr is equivalent to the amount of Sadaqatul Fitr.

Q: Is it permissible to use crabs as fishing bait?
A: It is permissible only if the crab is dead. (Fataawa Mahmoodiya Vol. 5, p. 129).

Q: Is it permissible for a Muslim to participate or follow the burial proceedings of an influential non-Muslim?
A: It is not permissible to follow the burial proceedings of any non-Muslim, whether influential or not, in any manner.

Q: What is the Shari’ah position on Suicide?
A: Allah Taãla, our Creator, has granted us life and sent us to this world to test our submission to Him. During this test various conditions come upon a person. Allah Taãla says, "Do people think We will leave them saying ‘we believe’ and they will not be tested. Verily we have tested the people in the past so that the truthful are known and the liars are known." (Ankaboot 2-3).

In another Aayat, Allah Taãla says, "Verily we will test you with fear, hunger, and by decrease in wealth, lives and fruits (crops). Glad tidings for the patient ones who (at the time of adversities) say, "Verily we belong to Allah and to Him we return." (Baqarah 155 - 156).

Furthermore, Allah Taãla has also promised relief after difficulties, He says, "Verily with every difficulty there is relief." (Nashrah 6 - 7)

The solution to the different frustrations in life is not taking one’s life but to be patient and seek assistance from Allah directly. One should also ask the pious to make Du’a for one. Taking one’s life is strictly prohibited. Such a person will be continuously punished in the hereafter in the manner he had taken his life. Thus, escaping from one temporary problem, he places himself into a permanent problem from where there is no escape.

Life is a trust from Allah and such a person who breaches the trust of Allah will be held in contempt even in this world i.e. the Ulama and leaders of the community should not attend his Janaaza. The punishment in the Hereafter is more severe.

Q: An executive of an Islamic institute involves himself in immoral activities, e.g. dancing, going to pubs, etc. He has given a say to the Shi’as in the affairs of the institute, and has also declared them a ‘Madhab’ of Islam? Does this person qualify for the post? Can he give lectures/Khutbah and lead the Salaat?
A: The fundamental requisite for an executive of a Muslim organisation is to be Ameen (trustworthy). The position is a trust which is vested in order to direct the organisation toward promoting and preserving Islamic values and principles.

Any act perpetrated by any executive contrary to Islamic values and principles is a breach of trust. Hence, such a person is not worthy of this position. As such, declaring Shi’as a Madhab, associating its members with un-Islamic activities, dancing, singing, etc. is a breach in trust. Such a person should be immediately removed and be replaced by a suitable person.

Q: If a woman has hair on her face, can she remove it?
A: Yes, she can remove it.

Q: Zaid took my husband for a drive. Due to his racing and negligence, he met in an accident and my husband passed away. Is it permissible for me to sue Zaid and get blood money?
A: The accident that occurred due to ‘racing’ is a violation of the traffic laws. Therefore, Zaid is responsible for the death of your husband.

However, since Zaid did not intend killing your husband, his negligence will be categorised as Qatl Khat’a (unintentional killing) (Buhooth fiy Qadaya fiqhiya Asriya; Mufti Taqi pg.311).

In a non-Islamic state, e.g. South Africa, India, etc. Zaid has to pay the blood money from his own wealth. (Fataawa Darul Uloom vol.2 pg. 904, Deoband; Raddul Mukhtaar vol.6 pg. 647, Karachi).

In an Islamic state, the Aaqila (family and associates) will assist in paying the blood money. The blood money is 100 camels or 10 000 Dirhams or 1000 Dinaars. 1 Dirham is equivalent to 3.06 grams of Silver, 1 Dinaar is equivalent to 4.374 grams of Gold. The amount may be paid in cash immediately or over a period of three years. He also has to fast for two months continuously and repent for his negligence.

Q: What is the ruling on goodwill money for an empty shop?
A: Goodwill (key money) for an empty shop is not permissible. However, the aggregate price of the shop could be increased according to the goodwill value.

Q: Does the white discharge in women break Wudhu?
A: Yes, the discharge breaks the Wudhu.

Q: Is it permissible for females to cut/trim their hair apart from coming out of Ihraam?
A: No, it is not permissible.

AL MAHMOOD #5

Q: What is the ruling regarding an Imaam of a Masjid who is not regular in his Fajr Salaat? Can his salary be deducted?
A: As part of the Imaam’s duty, if he is required to perform the Fajr and Esha Salaat at the designated Musjid but failed to do so then he is guilty of not discharging his duty. However, Salaat behind him is valid.

It is suggested that the Imaam be informed that in future his salary will be deducted proportionately for not discharging his duty.

Q: According to Shari’ah, is it permissible to be an Internet Service Provider (ISP) and charge a service fee considering the fact that it might be used in immoral and unlawful activities?
A: Internet is a modern technique of communication and its use is not prohibited in Shari’ah. Therefore, charging a service fee is not prohibited. The using of the Internet for some unlawful activities does not render all the Internet Services as prohibited. It is similar to a tape-recorder which can be used for both permissible and prohibited activities. The person using the internet and tape recorder will be responsible for using them for unlawful activities.

Q: My friend borrowed some monies from me and is unable to repay me. Will it be permissible for me to offset the debt due to me with the Zakaat which I have to pay?
A: By offsetting the debt, the Zakaat will not be discharged.

Q: What is the Shari’ah ruling regarding a partner in the company taking a monthly salary?
A: If the partner is working for a business in partnership while other shareholders are sleeping partners and the working aspect is not taken into account in allocating the proportion of profits (i.e. the proportion of profit is not increased for the working partner in consideration of his work), it is permissible for the working partner to be paid a monthly salary. (Answer by Mufti Taqi Usmani, Pakistan)

Q: Is it permissibe to give Talaaq when the wife is menstruating? Is the Talaaq valid?
A: It is not permissible to issue Talaaq to a menstruating woman. However, the Talaaq issued during menstruation will be valid. (Bukhari vol.2 pg.790; Rahimiyya)

Q: A person finds the Imaam already in Sajda. Since he has already missed that Rakaat, what must he do? Is it correct to wait for the Imaam to come up from Sajdah and then join the Imaam?
A: The Masbooq (late-comer) should join the Imaam in Sajdah even if he has missed that Rakaat.

Q: What should I consider in choosing a career. Can I choose a career of tourism wich will include visiting religious sites of non-Muslims?
A: In choosing a career, consider the following advice of Rasulullah (Sallallaahu Alayhi Wasallam): ‘Do not undertake an involvement that would hinder your practice on religion.’ (Mishkãt pg.441; Qadeemi)

The fundamental focus in choosing a profession is to preserve one’s Deeni and Islamic values. It is not permissible to pursue a profession in which a person will be compelled to compromise his Deen. Religious rights of non-Muslims have become a tourist attraction and places of honour. Honouring such places is obviously prohibited in Islam as it is in honour of incorrect belief and Aqaaid. As such, it is not permissible to undertake the trade of tourism as an income if it will involve the above or any other sinful activity.

Q: Is the following clause of the Will correct according to Shari’ah - ‘I hereby bequeath my house, household items and car to my wife’?
A: A bequest cannot be made for an heir. Since the wife is an heir, the bequest made for her is invalid. The bequeathed items form part of the nett Estate and must be distributed according to the Islamic Law of Succession and Inheritance.

Q: A toilet inside the house faces the Qiblah. Is it permissible to use the toilet, or should the direction be changed?
A: Hadhrat Abu Hurayra (Radhiallaahu Ánhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘I am to you like a father to a son, do not face the front or back towards the Qiblah (when relieving onself).’ (Tirmidhi vol.1 pg.8; HM Saeed Company). According to the above Hadith, when relieving oneself, it is not permissible to face the front or back towards the Qiblah. Therefore, the direction of the toilet should be changed. However, if that is not possible, one should sit in a posture, away from the actual direction of the Qiblah. (Ibid)

Q: A person missed Fajr Salaat. When should he make Qadhaa of the Fajr Salaat - immediately after sunrise or at Dhuhr time?
A: Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘Whosoever (unintentionally) sleeps through a Salaat or forgets to perform Salaat, he should perform it when he remembers.’ (Tirmidhi vol.1 pg.43; HM Saeed Company). In view of the above Hadith, the person should perform his Salaat as soon as he wakes up. However, he should ensure that it is not Makrooh time, i.e. sunrise, midday or sunset.

Q: Often customers forget their valuables on my premises. Many months pass by without anyone claiming those valuables. What should be done with them?
A: Such items fall in the category of Luqta (lost items). If you are certain that the owner will not return to claim his valuables, it can be given to the poor and needy as charity on behalf of the owner. However, after giving it in charity, if the owner returns to claim the item, you will be liable to pay the owner. (Shaami vol.4 pg.279; Maktab Tijariyya)

Q: What is the ruling if one forgets or makes a mistake in Salaat, must he make Sajda-e-Sahw?
A: If a person forgetfully omits a Waajib in a Fardh, Waajib or Sunnat Salaat, he can compensate for it by performing a Sajda-e-Sahw at the end of the Salaat. However, if he intentionally omits a Waajib act of Salaat or intentionally or unintentionally omits a Fardh act of Salaat, he cannot compensate for it. He must repeat the entire Salaat.

Q: My husband does not support me and our three children. Often we have to stretch our hands to others to fulfil our basic needs. My husband justifies his devotions in Tabligh and other Islamic activities by saying that Allah provides for us through people. But I feel ashamed to beg from others. Kindly explain the actions of my husband.
A: Every male adult is duty bound by Shari’ah to support himself and his dependants. Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘To earn a Halaal livelihood is Fardh (obligation) after other Faraaidh (obligations)’. Tabligh and other Islamic duties is secondary and he may do so after having fulfilled his mandatory responsibility of supporting his dependants. To involve oneself in Tabligh, etc. while neglecting his mandatory respondibility of supporting his family is a sin and also against the principles of the noble work of Tabligh.

It is obvious that your husband is acting without the Mashura of the elders of Tabligh. The elders of Tabligh would never allow a person to leave his wife to beg from others. Had he made proper Mashura, he would have been advised to continue working in his own locality while fulfilling the compulsory duty of providing for his family.

Q: When should a person make Qadhaa Salaat and how many Rakaats should be made?
A: Missed Salaat may be performed at any time except sunrise, midday, when the sun loses its brightness before sunset and at sunset. The missed Salaat can be performed before or after the current Salaat. The number of Rakaats for missed Salaats is the same as current Salaats. However, if a person missed Salaat while on a journey, he will make Qadhaa according to the concession granted on a journey, that is only two Rakaats instead of four Rakaats for Dhuhr, Asr and Esha Salaats.

Q: Is it permissible for strange males and females to look at each other? Also what is the basis of the veil?
A: Allah Taãla mentions in the Noble Qur’an, ‘(O Muhammad (Sallallaahu Alayhi Wasallam), tell the believing males to lower their gazes… tell the believing females to lower their gazes ...’ (Quran 24:29-30). The injunction of lowering the gaze is clear that it is not permissible for strange males and females to look at one another. Due to the immorality of times and weakness of resistance, it is compulsory for a female to cover her face which is the focus of her beauty. The covering of the face conveniently facilitates the accomplishment of the purpose of lowering the gaze.

Q: Can a single mother who lives far away travel by aeroplane without a Mahram? Modern modes of transport are safe for a female to travel alone.
A: Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘It is not permissible for a female to travel for three days and nights (equivalent to 88 kms.) unless she is accompanied by her husband or her permanent Mahram (a male person whom she cannot marry, e.g. father, mature son, brother, etc.)

Many incidents of computer and mechanical failures of modern day travelling modes are sufficient to explain the reason for a Mahram to accompany a female. However, the wisdom in this injunction is beyond our capacity. Thus we should submit fully to Deen even if we do not comprehend all its wisdoms.

NOTE: Lawyers requesting certification of Estate matters from the Jamiat (KZN) for the Master of the Supreme Court should enquire from the trustees about surviving parents and include them as heirs as they also inherit from the Estate. Many lawyers omit the parents, resulting in them (parents) being deprived of their share. It is also the policy of the Jamiat to examine Wills before issuing a certificate

AL MAHMOOD #6

Q: A Beauty product on the market is made from extracts of the Dead Sea, where the nation of Lut (Alayhis salaam) was destroyed. Is it permissible to use this product and can a physician prescribe such a product?
A: Since Allah Ta’ala’s punishment descended on that place and when Rasulullah (Sallallaahu Alayhi Wasallam) was returning from Tabuk, he ordered the Sahaaba (Radhiallaahu Ánhum) to throw away even the bread dough that contained the water of the Dead sea. However, if there is no adequate alternative of the product that contains extracts from the Dead Sea, and the product is prescribed by a physician (preferably specialist physician), then it will be permissible to use the product.

It is not permissible for a physician to prescribe medication containing Haraam ingredients if there is an adequate alternative. In the case of a non-Muslim physician, the Muslim patient should inform the physician of his religious requirements and request him to take cognisance of that.

Q: Does the Jilbaab mentioned in the Qur’an refer to the cloak commonly used today or will any loose-fitting clothes serve the same purpose?
A: The purpose of the Jilbaab is to conceal the form and shape of the body. If a female uses tight-fitting and attractive cloaks, it will defeat the purpose of the Jilbaab. However, a loose garment which conceals the form and shape of the body and is not attractive would serve the purpose of the Jilbaab.

Q: Many families regard cousins (male and female) as ‘brothers and sisters’. They often disregard the Laws of Hijaab by conversing with each other freely. What is the Shari’ah ruling regarding this?
A: Cousins of opposite gender are Ghayr Mahram (with whom marriage is allowed). They must observe strict Hijaab.

Q: Is it necessary to mention the Mahr amount at the time of Nikah?
A: While the validity of the Nikah is not conditional of the Mahr stipulated at the time of Nikah, however, the amount should be mutually agreed upon before the Nikah.

Q: Is it permissible for a woman who is younger than her stepson to live alone in the same house?
A: The stepson is a Mahram (one with whom marriage is prohibited) to his stepmother. However, if both or any one of them are young, they should not be in seclusion at any time.

Q: I am a girl 15 years of age. My stepfather (mother’s husband) made sexual advances towards me. I have heard that such an act has an effect on my mother’s marriage to him. Please advise.
A: If your stepfather made sexual advances towards you by touching you with lust and you felt the warmth of his touch, they (your mother and step-father) become Haraam upon one another (Raddul Mukhtaar vol.4 pg.104; Lebanon) The Islamic ruling further states that he (the step-father) has to thereafter give his wife (your mother) a Talaaq. (Al-heelatun Naajiza pg.87)

Q: One night my father-in-law entered my room and began fondling and kissing me. I felt the warmth of his hands on my body. Does this in anyway affect Nikah?
A: The immoral behaviour of your father-in-law inevitably constitutes a separation between you and your husband. (Raddul Mukhtaar vol.4 pg.104; Lebanon) You can no longer remain in his Nikah under any condition. The Islamic ruling further states that the husband has to thereafter give his wife a Talaaq. (Al-heelatun-Naajiza pg.87)

Q: Is the vomit of a suckling child impure? What must be done to the soiled portion of the clothing for the Salaat to be valid?
A: The vomit of a suckling child is impure. (Shaami vol.1 pg.266; Lebanon). The soiled portion of the clothes must be washed in order for the Salaat to be valid.

Q: Is it permissible to cut unwanted hair while in a state of impurity?
A: It is Makrooh to cut the hair in the state of impurity (Bahishti Zewaar pg.944)

Q: How should the body be placed in the grave?
A: The body should be tilted on the right side facing the Qiblah.(Shaami vol.1 pg.660; Maajidiyya). It is incorrect to place the body on its back and then tilt the face only.

Q: Is it permissible to consume wild antelopes?
A: Yes, it is permissible to consume wild antelopes.

Q: A Muslim passed away at the hospital without the knowledge of any other Muslim. After a while his body was cremated and the ashes put in storage. What should be done with the ashes and should Janaaza Salaat be offered with the ashes placed in front?
A: There is no Janaaza Salaat in such a case. However, Du’a should be made for the deceased person.(Fataawa Darul Uloom vol.5 pg.345)

Q: In an Estate, all the heirs have been paid. However, the property has not been transferred in the name of the heir who has inherited the property due to inefficiency at the Master’s Offices. Can the heir sell the property to a third party before the property has been legally transferred to his name on condition that the third party will receive the title deed as soon as the heir receives transfer of the property?
A: It is permissible to sell the property to a third party if there is no obstacle for the purchaser to take physical possession of it. The legal requirement of transferring the property on the seller’s name has no bearing on the Shar’ee validity of the sale.

Should there be any fear of a dispute in future, as a measure of precaution it is advisable to delay the sale until the transfer takes place. However, if it is necessary to sell the property immediately (before accomplishing the legal requirement of transfer), we advise that the transaction be recorded and witnessed by two persons in order to safeguard oneself in the future. (Mufti Ahmad Khanpuri; Dabhel, India)

Q: Is Interest prohibited between a Muslim and non-Muslim in Darul-Harb (non-Islamic state) like South Africa, UK, Australia, etc.?
A: According to the overwhelming majority of the Muslim Jurists, there is no difference in the prohibition of interest between a Muslim and non-Muslim anywhere, Darul Islam (Islamic state) or Darul Harb (a state of ongoing conflict with Muslims).

In the early days of Rasulullah (Sallallaahu Alayhi Wasallam) many Muslims used to enter into Riba transactions with non-Muslims, but when Riba was prohibited, they stopped this practice totally. The Aayats of the Noble Qur’an which prohibited Riba did not differentiate between a Muslim and non-Muslim. Similarly, there is no example in the days of the Sahaaba (RA) where anyone of the Sahaaba (RA) entered into Riba transaction with a non-Muslim after the prohibition was enforced. Therefore, one cannot be advised to take an interest-bearing loan, even in a non-Muslim country.

Q: A person is heavily indebted to the bank by way of overdraft and to private business houses. Is Hajj compulsory upon him? If not, can he perform Hajj?
A: It is forbidden to engage in any interest bearing transactions. As long as a person is involved in an overdraft, he will be incurring sin.

Hajj is compulsory on a person who has the financial means to travel to Makkah Mukarramah and be able to maintain himself there and his dependants (if any) at home. As for other debts, if a person is heavily indebted and his liabilities exceed his assets, Hajj is not compulsory upon that person. If he fulfils his monthly commitments and his creditors do not have any arrears claim against him, he will not be infringing on the rights of his creditors by performing Hajj on condition that he is sincere in fulfilling the remaining amount according to the commitments. If the creditors have arrears claims against him, he will be infringing on their rights by performing Hajj. Hence, he cannot perform Hajj unless he receives the prior consent of his creditors claiming arrears from him.

Q: What is the ruling in organising fund-raising events to collect funds for a Madrasah, Masjid, etc.?
A: Rasulullah (Sallallaahu Alayhi Wasallam) says, ‘Whoever imitates a nation is among them.’ It is an undeniable fact that today carnivals, fetes and events have become a hallmark of the non-Muslims.

Besides, it is events of this nature that many laws of Allah Ta’ala are transgressed, of which intermingling of the sexes is foremost. Furthermore, the primary drawcard in these events is the entertainment. It is this fundamental point that adds to the transgression. If the donor is sincere in his purpose, he would donate his money without going there and/or in anonymity. In fact, if such people contributed their monies before-hand, it would have saved the Muslim organisations from stooping to these levels.

How can such funds, derived through events where prohibited practices occur, contain Barkat? How can such monies accumulated with Allah’s wrath be used to please Him? There were many ways in which Rasulullah (Sallallaahu Alayhi Wasallam) and his companions (RA) used to raise money but most definitely not the fund-raising events of today.

Q: I am aware that a Muslim is permitted to donate blood. Are Muslims encouraged to donate blood since Blood Banks are experiencing a great shortage countrywide?
A: Donating blood as a means of saving lives of people is indeed encouraged and an act of great virtue.

AL MAHMOOD #7

Q: Is the wearing of a hat (Topi) proven from Hadith? Did Rasulullah (Sallallaahu Alayhi Wasallam) and the Sahaaba wear the Topi?
A: Abu Kabsha (Radhiallaahu Ánhu) narrates that the hats of the companions of Rasulullah (Sallallaahu Alayhi Wasallam) used to be round and spacious. (Mirqaat vol.8 pg.246)

It is narrated by Tabrani on the authority of Ibn Umar (Radhiallaahu Ánhuma) that Rasulullah (Sallallaahu Alayhi Wasallam) used to wear a white hat. (Ibid)

Hassan Basri (Rahmatullah Alayhi) states that the people (Sahaaba - Radhiallaahu Anhum) used to make Sajda (prostrate) upon their turbans and hats. (Bukhari vol.1 pg.56; Rashidiyya)

Mullah Ali Qari (Rahmatulah Alayhi) states that the wearing of the hat has become one of the salient symbols of Islam. (Mirqaat vol.8 pg.246) It is the only outward and unique salient feature that distinguishes a Muslim from a non-Muslim. No other community group or people wear the Muslim type hat.

Q: Is it true that Hajj becomes compulsory if one is in Makkah Mukarramah on the 1st of Shawwal?
A: Hajj does not become compulsory by merely being in Makkah Mukarramah on the 1st of Shawwal. However, if one did not perform Fardh Hajj, and one has the financial means to stay in Makkah Mukarramah until Hajj, then only will Hajj become compulsory. (Ahsanul Fataawa vol.4 pg.529)

Q: Can a mother-in-law go for Umrah with her son-in-law?
A: The son-in-law is a Mahram to his mother-in-law, therefore, she can travel with him for Umrah. However, if both or anyone of them are young, in view of the prevalent evils and immoralities, extreme precaution should be taken.

Q: I had a burglary in my house and Zakaat monies given to me by people to distribute were stolen. Is the Zakaat discharged or not? If not, am I responsible to discharge the Zakaat with personal monies?
A: The Zakaat of the people is not discharged. Since there was no negligence on your behalf, you are not responsible to discharge the Zakaat with personal monies. (Ahsanul Fataawa vol.4 pg.299)

Q: I have gold and silver jewellery to the value of R12,000 and a liability of R28,000. Do I have to pay Zakaat on the gold and silver Jewellery?
A: If you have other Zakaatable assets besides the gold and silver jewellery, its value should be added to the value of the gold and silver jewellery as well. If the liability of R28,000.00 exceeds the value of the assets there is no Zakaat. However, if there is an excess which is equivalent or more than the nisaab amount, Zakaat will be payable on the excess only.

Q: If one owns 40% of shares in a company, then how is Zakaat calculated on his share?
A: If the company is a trading investment then Zakaat is payable on the capital amount as well as the dividends. If the company is not a trading investment and only receives income, for example from rentals of properties then Zakaat is liable only on the dividends.

In this case, as a shareholder of a trading investment, Zakaat is due at 2.5% of the 40% shareholding on the capital, as well as on the dividends.

Q: I am an asthma patient. Is it permissible for me to use the inhaler during fasting? The inhaler contains salbutamol (liquid medication). If it is not permissible, what should I do when I get an asthma attack during fasting?
A: Since the inhaler contains a medication (salbutamol), the use of it in the state of fasting will invalidate the fast. We advise you take medication at the time of Sahri to avoid an asthma attack. However, should you get the attack during fasting, if there is no adequate alternative which does not break the fast, you may use the inhaler and make-up for that fast later (make Qadhaa).

Q: Is it permissible to accept edible gifts from non-Muslims during their festivals, e.g. Christmas, etc.?
A: While it is permissible to accept gifts from non-Muslims, extreme precaution should be taken. For example, during their religious festivals, edibles are generally prayed on; to consume such food is Haraam. Therefore, as a matter of precaution all edibles given by non-Muslims during their festivals should not be consumed. It is also not permissible to participate in their functions and festivals. (Fataawa Abdul Hai pg. 482)

Q: During the apartheid era, the government had wrongfully expropriated land in order to give effect to its policy of racial segregation. The new government has passed a law to redress the wrongful usurpation of land by the previous government in the form of Restitution of The Land Rights Act, 1994. How should the property or its compensation be distributed?
A: According to Shariah, the expropriated property belongs to the owner of the property at the time of usurpation. If the original owner or any shareholder passed away, their share will be distributed to their heirs according to the Islamic Law of Inheritance and Succession. (Answer confirmed by Justice Mufti Taqi Usmani, Pakistan)

Q: During menopause generally a female’s monthly cycle of bleeding is suppressd resulting in her experiencing hot flushes and other medical complications. Her physician prescribes HRT (hormone replacement tablets) in order to enhance her monthly cycle which gives her relief. Will the enhanced bleeding be regarded as Haydh?
A: The enhanced bleeding by HRT (hormone replacement tablets) will be regarded as Haydh. (Shaami vol.1 pg.222; Rashidiyya).

The same ruling applies for a female who attained the age of despair (Sinne-Iyaas) of 50 years. During Haydh (menstruation), a female cannot perform Salaat, fast, recite and touch the Qur’an and make Tawaaf.

Q: A person sold his business. Among the conditions of sale was that the purchaser pay out all the creditors of the business. The creditors were not consulted. Now that the new owner is insolvent and has not yet paid the previous owner - who is responsible for those debts?
A: According to Shari’ah, in order for the transfer (Hawala) of a debt to be valid, besides the original owner of the business and purchaser, the creditor(s) must also consent to the transfer of the debt. Since the creditor(s) did not consent to the transfer of the debt, the previous owner of the business is responsible for those debts. (Raddul Mukhtaar vol.4 pg.321; Kuwait)

Q: Can a woman use nail hardner on her finger nails to protect them from breaking and falling off? Must she remove the hardner during Wudhu?
A: It is permissible to use nail hardner for medical purposes. Until it serves as a medicine, she does not have to remove it for Wudhu. (Nurul-Idhaah pg.49)

Q: What is the Shar’ee position of Taraweeh? Do women also have to perform Taraweeh?
A: To perform 20 Rakaats Taraweeh is Sunnat-e-Muakkadah (emphasised Sunnat) for both males and females. (Raddul Mukhtaar vol.2 pg.43; HM Saeed)

Q: Is it permissible to enter a competition, whereby the winner is chosen from a box of mixed ‘names’ wrapped in paper? One condition is that the enterant must purchase any of their products.
A: If the product is sold at a fair market price, then any award given to a particular purchaser is a voluntary gift for which one can draw a lot. However, if the price is increased on the basis of an intended award by drawing a lot, then this will be gambling and will not be permissible. (Justice Mufti Taqi Usmani; Pakistan)

Q: Is it permissible to use a perfume, deodorant, etc. which contains alcohol, and if so, can one perform Salaat without washing it off?
A: It is not permissible to use deodorants that contain alcohol from grapes or date extracts. Such perfumes are impure and Salaat with it is invalid. However, if the alcohol is synthetic, it is pure and permissible to use. Salaat without washing off such perfumes will be valid. Sometimes, it becomes difficult to differentiate between genuine and synthetic alcohol. Thus, to be on the safe side, one should rather prefer using deodorants and perfumes that are labelled as ‘alcohol-free’, especially when such perfumes are easily available. (Mufti M Saeed Motara; Azaadville)

Q: Is it permissible to take an injection while fasting and does that nullify the fast?
A: It is permissible to take an injection during fasting. The injection does not nullify the fast. (Ahsanul Fataawa vol.4 pg.432)

Q: Is it permissible for males to have general conversations with females on the chat-line of the Internet?
A: It is strictly prohibited (Haraam) for strange males and females to have general conversations with each other through any communication, such as telephone, chat-line, CB’s, etc. Often, such communications lead to many immoral acts and also cause marital disputes.

Q: In Saudi Arabia, if Ramadhaan commences one or two days before South Africa, a person who commences his Ramadhaan in SA and spends Eid in Saudi Arabia would fast only 28/29 days. Similarly, if a person commences his Ramadhaan in Saudi Arabia and upon returning to SA before Eid, if the moon is not sighted after the 29th fast, he would have fasted 31 days. What must be done in such situations?
A: In the first situation, if Ramadhaan commenced in Saudia Arabia two days before South Africa, the person should make Eid with the people in Saudi Arabia and later make-up for one fast. In the second situation, he must keep the 31st fast and make Eid with the people in South Africa. (Ahsanul Fataawa vol.4 pg.433)

AL MAHMOOD #8

Q: If a Haaji stays in Makkah Mukarramah for 15days only including the five days of Hajj, will he be considered a Muqeem or Musaafir?
A: The Haaji will be a Musaafir (Raddul Mukhtaar vol.1 pg.571; Kuwait). He will have to make Qasr (perform two Rakaat Salaats in Dhuhr, Asr and Esha Salaats), if he performs it individually or behind a Musaafir Imaam. If the Imaam is a Muqeem, the Haaji will follow the Imaam and perform complete Salaat.

Q: Is it Fardh (obligatory), according to the Shariah, to complete Forty Salaah in Masjidun-Nabawy, when one visits Madinah Munawwarah?
A: No, it is not obligatory. However, it is desirable and an act of great reward.

Hadhrat Anas (Radhiallaahu Ánhu) reports that Nabi (Sallallaahu Álayhi Wasallam) said : "Whoever performs Forty Salaah in my Masjid (in succession), not missing (even) one Salaah, (then) he is guaranteed freedom from the Fire (of Jahannam), redemption from punishment and he becomes immune to hypocrisy." (Majma’uz Zawaaid)

Q: A woman is 55 years old, and has absolutely no male Mahram. Is it permissible for her to go for Fardh Hajj without a Mahram?
A: It is not permissible for a female to travel for a distance of 88kms. or more without a male Mahram (person whom she cannot marry). The fulfilment of Fardh Hajj will become compulsory only when she is able to travel with a male Mahram. If a female has the financial means to perform Hajj but does not have a male Mahram throughout her life to accompany her for Hajj, she should make a bequest of performing Hajj-e-Badal on her behalf after her death.

Q: My father-in-law has two wives. Are both his wives Mahram to me?
A: Only that wife who is your wife’s mother is a Mahram to you. The other wife is not a Mahram to you. You should observe Purdah from the other wife.

Q: If a person did not perform his compulsory Qurbani for the past 3 years, what should he do?
A: He should calculate the present value of an average sheep or 1/7 share of a cow and give three times its value (in lieu of three years) in charity. (Ahsanul Fatawa vol. 7 pg. 533)

Q: A woman who normally covers her face is unable to wear the Niqaab which does not touch the face during Ihraam, due to discomfort and claustrophobia. If a Ghayr Mahram male looks at her face during this period of time, will she have committed a sin?
A: Rasulullah (Sallallaahu Álayhi Wasallam) said, "A female’s Ihraam is her face." (Nisbur Raaya Zailee vol.3 pg.27; Dabhel)

Just as it is prohibited for a male to cover his head during Ihraam, so too it is prohibited for a female to cover her face in the state of Ihraam. (Mishkat pg.236; Karachi) In order to avoid evil glances of strange males, a female should wear a veil without it touching the face. Due to unavoidable circumstances, for example, medical reasons she will be excused for not wearing the veil. However, at all times she should avoid being where there are strange males.

Q: A woman intends performing Hajj, her Haydh is calculated to occur during and over the 5 days of Hajj. Is it permissible for her to take medication to delay her Haydh, if this medication only has to be used for a short period of time, and causes minimum side effects?
A: A female should not interfere with her natural monthly cycle. However, due to unavoidable circumstances, for example due to experiencing her monthly cycle she will not be able to perform her fardh tawaaf -(Tawaafe Ziyarat) before the scheduled date of departure from Makkah Mukarramah, she may take medication to delay the monthly cycle.

Q: Upon whom is Qurbani (sacrificing an animal) compulsory?
A: Sacrificing an animal is compulsory upon every adult and sane Muslim who possesses minimum Zakaatable wealth (Nisaab) on the 10th of Dhul Hijjah.

It is not necessary to have the wealth for one year as in the case of Zakaat. (Shaami vol. 6 pg. 312; HM Saeed)

Q: Is it prohibited to cut one’s hair in the first ten days of Dhul Hijjah?
A: Umm Salma (Radhiallaahu Anha) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘Whosoever intends slaughtering an animal, should not clip his hair or nails upon sighting the crescent of Dhul-Hijjah.’ (Abu Dawud pg.386; Rashidiyya)

In view of the above Hadith, it is Mustahabb (commendable) for a person making Qurbaani not to cut the hair and finger nails from the 1st of Zul Hijjah until after slaughtering the Qurbaani animal. However, if the hair under the arms and in the pubic region is very long (which renders the Salaat Makrooh i.e. more than forty days), then it will become compulsory to remove such hair. However, if a person forgets to clip the nails before the 1st of Dhul Hijjah and the nails have grown so long that they may cause injury, then he may clip them.

Q: A fax machine is on sale. They also offer a contract plan for $20 dollars that allows the buyer to have the machine fixed or replaced if it breaks down within a year. Is this contract plan permissible?
A: It is permissible to purchase the machine with the contract. The $20 dollars will be included in the purchase value of the machine.

Q: If the Imaam or a person performing Salaat individually recites Qiraat in the 3rd or 4th Rakaats of Fardh Salaat, is there a Sajda-e-Sahw?
A: In the third and fourth Rakaats of Fardh Salaat, the Imaam or the person performing Salaat individually should recite Surah Faatiha only. However, if one recited an additional Surah to Surah Faatiha, Sajda-e-Sahw is not compulsory. (Shaami vol.1 pg.511; HM Saeed)

Q: A married woman goes on holiday to her mother’s home in another city with the intention of staying there for fewer than 15 days. Since she considers here mother’s home to be hers, should she perform full Salaat, as opposed to Qasr Salaat? What is the Shar’ee ruling here?
A: After marriage the wife assumes her husband’s residence as her permanent abode (Watane-Asli). When she goes to her parent’s residence for a holiday and intends to stay there for fewer than 15 days she will be regarded as a Musafir (traveller). She will have to make Qasr - i.e. perform two rakaats Salaat instead of four rakaats in Zohar, Asr and Esha Salaats at her parent’s residence (Raddul Mukhtaar vol.1 pg. 586; Kuwait)

Q: I am a permanent resident of Port Elizabeth. My place of study is Isipingo Beach. When I leave PE and reach Isipingo Beach, my intention is: a) Within the period of 15days, I will definitely leave Isipingo Beach and go to central Durban or one of its suburbs outside the boundary of Isipingo Beach. b) On reaching Isipingo Beach, my intention is not definite. If the need arises I may leave Isipingo before 15 days or even after 15 days. When will I be considered a Muqeem and Musaafir? Will there be a difference in Shari’ah if I stay one night out of Isipingo Beach and only one day out of Isipingo Beach?
A: In order for you to be a Muqeem in Isipingo Beach, you would need to make intention of a minimum of 15 nights without leaving Isipingo Beach for even one night. (Raddul Mukhtaar vol.1 pg.127; HM Saeed)

Upon reaching Isipingo Beach, if you have a firm intention of spending one night out of Isipingo Beach before the completed 15 days then you will be a Musaafir in Isipingo Beach. However, if you have a firm intention of staying in Isipingo Beach for 15 consecutive nights and intend leaving for the day only within the 15 days then you will be a Muqeem in Isipingo Beach. There will be no difference if you have to go out of Isipingo Beach for a day and travel the distance of safar (88 kms.) or more, and upon reaching Isipingo you will still be a Muqeem as you had no intention of leaving Isipingo Beach permanently. (Ahsanul Fatawa vol.4 pg.108)

If you undertook a journey of 88 kms. or more with the intention of leaving Isipingo Beach permanently, that journey will terminate your Iqaamat (stay) in Isipingo Beach. (Ibid)

It is clear tha you travelled to Isipingo Beach on study and will be there for 15days and more. If you are unsure of leaving Isipingo for one night within the 15days, you will be a Muqeem in Isipingo Beach from the time you arrived.

AL MAHMOOD #9

Q: A man has intercourse with his wife on the assumption that her menses (Haydh) is over. He later discovers that her menses was not over, what should he do?
A: To have intercourse with the wife during menses is strictly prohibited. However, if a person mistakenly had intercourse with his wife during menses, apart from repenting, Rasulullah (Sallallaahu Alayhi Wasallam) advised that such a person should give some charity. (Mishkat pg.56; Qadeemi)

Q: If the wife left her husband’s home for some reason (domestic problem) and after three months the husband issues a Talaaq – when does the Iddat begin?
A: Iddat will commence only upon the husband issuing the divorce. The period of separation from the husband will not be regarded as Iddat.

Q: There is a general perception that the months of Muharram and Safar have an evil in them and anything major done in these months, for example, purchasing a business, house, making Nikah, etc. is unsuccessful. Kindly explain if the perception is correct or not according to Shari’ah.
A: To regard the Islamic months of Muharram and Safar as ‘unlucky’ months and suspend important matters with the fear of them being unsuccessful was the belief of the pre-Islamic era. Rasulullah (Sallallaahu Alayhi Wasallam) condemned this belief. Hadhrat Abu Hurayra (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, "There is no bad omen." (Mishkat pg.391) In another narration, it is recorded, "There is no (bad omen) in (the month of) Safar". (Ibid)

Therefore, one should not suspend any matter in Muharram and Safar with the belief that they are unlucky months.

Q: If any words of the Adhaan are omitted, for example, the third and fourth Takbeer, then will the Adhaan be valid?
A: If any word/s or sentence/s of the Adhaan are omitted, the Adhaan will be invalid and the Adhaan will have to be repeated. (Raddul Mukhtaar vol.1 pg.282; Kuwait)

Q: In an attached toilet and bathroom, while making Wudhu in the bathroom, is it permissible to recite Du’aas during and after Wudhu?
A: It is permissible to recite the Du’aas during and after Wudhu in the bathroom of an attached toilet.

Q: Is it permissible to recite the Noble Qur’an in the front seat of the vehicle whilst the body of the deceased is on the back seat before Ghusl? Similarly, can the Noble Qur’an be recited in the same room where the deceased is completely covered or in another room?
A: It is permissible to recite the Noble Qur’an audibly if the body of the deceased is completely covered in the back seat of the car or in the room. (Raddul Mukhtaar vol.2 pg.194; Tijaary)

Q: Is it permissible for a Muslim company to play the recitation of the Noble Qur’an on the "hold" mode on the telephone?
A: "When the Qur’an is recited then listen attentively to it and keep silent." (A’raaf Aayat 204). In the light of this Aayaat, it is not permissible to recite the Noble Qur’an audibly in places where people are busy at work or resting as they will not be able to respect the recitation of the Noble Qur’an. The reciter of the Noble Qur’an at such places will be sinful. (Ma’aariful Qur’aan vol.4 pg.163; Karachi)

To play the recitation of the Noble Qur’an over the telephone whilst on hold is not permissible since one does not know the condition of the person on hold and whether due respect would be given to the Noble Qur’an.

Q: "King-korn" is some times used for brewing liquor, is it permissible to sell it?
A: In principle, any item having a multiple purposes, i.e. used for permissible and non-permissible can be sold. The sin for abusing the item will rest on the purchaser. (Shaami vol.6 pg.391; HM Saeed). The seller is not obliged to inquire from the purchaser the purpose of purchasing the item.

However, if the seller is certain that the purchaser will abuse the item in a sinful way, it is not permissible to sell the item to him. (Jawaahirul Fiqh)

Q: Is it permissible to use the SAA’s voyager frequent flyer programme?
A: It is permissible.

Q: I have hired premises to do business. Due to the extremely difficult economic conditions, I am unable to meet my basic commitments of electricity and water. According to Shari’ah am I duty bound to honour the lease agreement and is it permissible for me to terminate the lease agreement?
A: It is permissible to terminate an Ijaarah (hiring) contract due to excuses valid in Shari’ah. (Aalamgiri vol.4 pg.458 Imdadiya).

Recess in the market economy is also regarded as a valid excuse in terminating a lease agreement. (Ibid pg.459). If the reason to terminate is expressly clear to all, in particular the landlord, the tenant may singularly terminate the contract. If it is not clear, he cannot singularly terminate the agreement. The tenant should approach the landlord and amicably terminate the agreement. (Ibid pg.458)

Q: If one changed his/her un-Islamic name to an Islamic one, must Aqeeqah be made again?
A: There is no Aqeeqah in changing the name of a person.

Q: A person employs a manager in his business at a salary of R2000 a month. The Manager is also promised an incentive of 5% for a turnover of R20,000 or more. Is this contract correct?
A: In a contractual agreement (Ijaarah) between the employer and employee, the salary (Ujrah) must be specified. The salary may be specified by a fixed amount, for example, R2000 and/or by percentage, for example, 5% for R20,000 or more. The contract mentioned by you is correct. (Shaami vol.2 pg.63; Karachi)

Q: Certain Mutual companies (insurance companies) have demutualised and issue free shares to policy holders out of their reserves. Is it permissible to accept these shares and are the proceeds on sale of these shares Halaal?
A: Any form of life insurance is Haraam. Mutual companies are owned by policy holders and all reserves are built up through retained profits. However, such profits primarily arise from income generated through Haraam investments such as interest on government stock, interest on fixed deposit, investments, investments on Brewery companies, etc.

Accordingly such accumulated profits are from Haraam sources. On demutualisation, these accumulated profits are utilised to issue free shares to policy holders in proportion to their equitable shares. Therefore, such shares received are Haraam and the proceeds on sales are Haraam. The proceeds should be given away as charity to the poor and needy. (Answer prepared in consultation with Jamiat Accountants)

Q: What is the ruling of performing the Sunnat-e-Muakkadah Salaats while on a journey?
A: A traveller (Musaafir) who intends undertaking a journey of 88 kms. or more is exempted from performing the Sunnat-e-Muakkadah Salaats before and after the Fardh Salaats. However, should he wish to perform the Sunnats and Nafl, for example, having time at hand then it is desirable for him to fulfill the Sunnat-e-Muakkadah Salaats.

Q: As a motor-mechanic by profession, I had repaired a vehicle of a client and parked it in my garage. At night, the vehicle got stolen, who is responsible to pay for the stolen vehicle?
A: The vehicle of the client in your possession was an Amaanat (trust). The general principle of Amaanat is that the Ameen (entrusted person) will not be responsible for any loss or damage of the entrusted item if there was no negligence on behalf of the Ameen. After repairing the motor vehicle, if you kept it at a safe place on your property where there was no fear of theft, then you will not be responsible to pay for the stolen vehicle. (Shaami vol.5 pg.45; Kuwait)

Q: We have a business which we do not want to sell, but wish to hire it to somebody. Your advice is sought on the following proposal; a) we leave the business with stock as a loan which have to be returned to us at the expiry of the contract. Any extra stock brought in by the hirer will be for his own benefit. b) Can we charge a fixed rental monthly on the fixture and fitting only? c) The hirer will run the business for his sole benefit (the entire business will be registered on his name).
A: Hadhrat Abu Hurayra (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) prohibited contracting two transactions in one deal. (Mishkat pg.248; Meraj)

The proposed deal constitutes two transactions (hiring and loaning) which is dependent on each other, hence, not permissible. (Mirqat Ali ibn Sultan vol.5 pg.80). As an alternative, you may offer the fixtures and fitting at a higher fee - taking into account the value of the stocks. The stock may be given as an outright gift, it cannot be given as a loan.

Since the deal falls under the category of Ijaarah (hiring), it must comform to the rules and principles of Ijaarah, for example, to specify the fees and period of hiring. There should be no ambiguity in the deal that may lead to a possible dispute in future. (Raddul Mukhtaar vol.6 ph.5; HM Saeed).

AL MAHMOOD #10

Q. Is Ghusal compulsory for a murdered person?
A. If a Muslim was shot or attacked without a justifiable Shar’ee reason, and died without benefiting from any worldly cause, viz. medication, treatment, hospitalisation, food, drink, etc., then he will be regarded as a Shaheed (martyr) in his burial proceedings. He will remain in his soiled clothes and there will be no Ghusal and Masnoon Kafan given. However, Janaaza Salaat will be made. (Raddul Mukhtar vol.2 Pg.250; H..M. Saeed)

Q. Does switching off a cellphone while in Salaat invalidate the Salaat?
A. Cellphones should be switched off before Salaat. If a person forgets to do so and the phone rings while in Salaat then it should be switched off by engaging just one hand. The use of two hands will invalidate the Salaat. (Raddul Mukhtar vol.1 Pg.625; H.M. Saeed)

Q. Is it necessary to put Surma for the deceased?
A. It is not permissible. (Tahtaawi-Pg 312-Qadeemi)

Q. For some reason a person decides to change his first name. Does he have to repeat the Aqeeqah?
A. No, it is not necessary to repeat the Aqeeqah.

Q. What should a woman do in a non-Islamic state like South Africa if her husband goes missing and his whereabouts are unknown?
A. She must make an application to the Judicial committee of a competent Ulama body of her province for an annulment of her marriage. Following the procedures laid down by the Shari’ah, the committee will annul her marriage accordingly.

Q. Can a man divorce his wife during pregnancy?
A. During pregnancy the husband should be extremely tolerant to his wife and express more care and affection to her as she bears all the difficulties of carrying his child. Divorce by itself is disliked; imagine giving it in the state of pregnancy. However, despite the husband’s uncalled behaviour, divorce given in the state of pregnancy is valid.

Q: Can an employee of a company who receives a discount purchase an item for me. Obviously, only he qualifies for a discount.
A: The employee of a company who qualifies to purchase an item on discount may use his right to purchase an item for himself or anybody else.

Q: I purchased 100 shares from a company. The company has dealings in Media Printing, publishing Hustler and Scope magazines and also deals with SA Breweries. Is the money acquired from the sale of such shares Halaal?
A: It is not permissible to purchase shares in companies which deal in Haraam like the ones mentioned in your query. If such shares had been purchased, they must be disposed of. You can retain for your use the original purchase price from the sale of such shares.

The balance must be distributed to the poor and needy without the intention of gaining reward.

Q: We have negotiated a sale of a property at R1 million cash or R2 million payable over 12 months in equal instalments. Our accountant has advised us to structure the deal by dividing the purchase price of R2 million into capital and interest in order to gain tax relief. The sale agreement will reflect the respective amounts as capital and interest. Kindly advise if the transaction is permissible according to Shari’ah.
A: The sale of the property for R2 million payable over 12 months in equal instalments is permissible. To record the purchase price as interest in order to gain tax relief is permissible. The amount reflected as interest for tax relief will not be interest.

Should the purpose of structuring the deal be otherwise, for example, to obtain a loan from the bank, then it will not be permissible.

Q. Is it acceptable to read the Fardh Salaat standing and then read the Nafl sitting? I have noticed many people doing this.
A. It is permissible to perform the Nafl Salaat in a sitting position, but it will earn half the reward. Nevertheless, if the sitting posture is adopted due to some valid excuse, for example, illness, then there will be full reward. (Tahtaawi pg.220, Karachi)

Q. What is the Shar’ee ruling on the wearing of contact lenses for males and females?
A. If contact lenses are prescribed by an optometrist due to medical reasons, it is permissible. It is permissible for a female to beautify herself only for her husband with coloured contact lenses.

If there is a possibility of any deception by wearing contact lenses, for example, a boy seeing a girl with the intention of marriage, then she cannot wear coloured contact lenses. It is not permissible for a male to beautify himself with coloured contact lenses.

Q: Can fresh and artificial flowers be kept in the house?
A: It is permissible to keep fresh and artificial flowers in the house. However, fresh flowers should not be kept in the toilet.

Q: Someone insured a cellphone with an Insurance company. A while later, the cellphone was reported damaged and the insurance company paid out the person. The insurance company later on found that the cellphone (after testing) was in proper working order. Hence, the company, thereafter, put it up for sale. Is it permissible for me to purchase the cellphone?
A: The original transaction was insurance, which is not in accordance with Shari’ah. However, when at the time of compensating the insured person the insurance company paid the price of the cellular phone and took its delivery from him it should be taken as a sale having taken place between the insurance company and the insured person. By virtue of this the insurance company acquires the ownership of the cellular phone. Therefore, purchasing of the cellphone from the company is permissible. (Justice Mufti Taqi Usmani, Pakistan)

Q: What is the minimum amount of mahr (dowry). Kindly, specify in grams the mahr that was given to the wives of Rasulullah (Sallallaahu Alayhi Wasallam) and to Hadhrat Fatima (Radhiallaahu Anha) by Hadhrat Ali (Radhiallaahu Anhu). It is a common practice during the Nikah ceremony to mention the dowry as mahr Faatimi only. Is that correct or must the amount be also specified?
A: The minimum mahr is ten Dirhams (approximately 31 grams of silver). The Mahr given to the wives of Rasulullah (Sallallaahu Alayhi Wasallam) was 500 Dirhams (approximately 1530 grams of silver). The Fuqaha differ in their opinions regarding the exact amount of mahr Faatimi. The majority of the Fuqahaa state that it is four hundred Mithqaal (approximately 1750 grams of silver). (Mirqat vol.6 Pg.246). If the dowry is given as mahr Faatimi, it must be specified (exact amount in Rands) at the time of the Nikah ceremony as the price of silver fluctuates .

Q: I am an importer of goods and have always been honest in paying my government duties. I have noticed that importers request their suppliers to under-invoice the consignment in order to pay a lesser amount in government duty.

By me importing goods the proper way, I will be more expensive and will not be competitive in the market. Is it permissible for me to under invoice the consignment in order to be competitive in the market?
A: Every person who resides in a country or acquires its citizenship and enters into an agreement with that government should follow the laws of that land, therefore, he is under obligation to follow the laws unless a law of the land that compells him to do an act which is prohibited in Shariah. On the basis of this principle, since smuggling is illegal, a Muslim is required to abide by this restriction. (Justice Mufti Taqi Usmani, Pakistan)

Q: Kindly explain the Shar’ee position of the bequest made by non-Muslim parents in favour of their Muslim child in their Will. Will it be Meeraath (inheritance) or Wasiyyat (bequest)?
A: There are differences of opinion regarding Muslims inheriting from non-Muslim relatives. According to the majority of the Sahaba (Radhiallaahu Anhum) and Tabi’een (Rahimahumullah), Muslims do not inherit from their non-Muslim relatives based on the following Hadith:

Usama Ibn Zaid (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘A Muslim cannot inherit from his non-Muslim relatives and a non-Muslim will not inherit from his Muslim relatives.’ (Mishkaat pg.263; Meraj). However, a Muslim and non-Muslim can make a bequest for a non-Muslim and Muslim respectively. (Raddul Mukhtaar vol. pg.652; H.M. Sa’eed)

Any bequest made in favour of a Muslim relative by his non-Muslim relative and vice versa will fall in the category of wasiyyat and will be governed by the rules and principles of Wasiyyat. The underlying principle being that the wasiyyat cannot exceed one third of the nett estate after paying funeral expenses and debts.

Q: Is it permissible to eat Crabs?
A: No, it is not permissible. (Raddul Mukhtaar vol.5 pg.214; Kuwait)

Q. Kindly explain the procedure of performing Istikhaara for a female during menses as she cannot perform Salaat in that state.
A. The performing of two Rakaats Nafl Salaat with the intention of Istikhaara is desirable, it is not a prerequisite for the validity of the Istikhaara. It would suffice to perform Wudhu and recite the Dua of Istikhaara on her Musalla (prayer mat) before sleeping without performing the Salaat for Istikhaara.