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Al Mahmood Mega Arhive

AL MAHMOOD #21

Q: Due to funds always being an issue, Muslim schools host and organise biscuit and cake sales brought by children to school. What is the Shar’ee ruling regarding such sales?
A: The following Hadith of Rasulullah (Sallallahu alayhi wasallam) should be kept in mind, ‘No wealth of a person is permissible for another except that which he gives with a happy heart.’ (Mishkaat pg.255; Qadeemi)
Whatever is donated with a pleasant heart will be pure, wholesome and permissible. Correspondingly, the lack of this freewill and choice will produce impurity, contamination and pollution in the donation. Any form of pressure, influence or coercion will be against the dictates of the above Hadith, and will have to be avoided.
The children are very easily influenced. Even that which the teacher considers to be a request will be interpreted as a command to the vulnerable children. Children from poorer backgrounds are more severely disadvantaged. They try to match their peers, and in order to achieve this they put undue pressure on their parents. If their parents cannot afford to equal the others in the class, the child is embarrassed, which leads to ill feelings. The spiritual evils that ensue from such situations are numerous, and can be disastrous. At times, children steal simply to be up to par with their peers. Briefly, in practice these contributions of cakes, sweets etc. are not free from pressure and cannot be said to be definitely from a happy heart. Thus the proceeds from such contributions will not be pure and wholesome.

Q: My father passed away on 10 Muharram 1423 (21 March 2002). My mother is in Iddat. When does her Iddat commence and when will her Iddat terminate?
A: In principle, the Iddat of death is four months and ten days. If the Iddat commenced at the beginning of the lunar month, then the Iddat will expire at four lunar months and ten days. That is irrespective of the lunar months being 29 days or 30 days.
If the Iddat commenced at any other time of the lunar month, the Iddat will be 130 days. The Iddat of death commences immediately from the time the husband passes away. If your father passed away on 10 Muharram at 10:00 am (21 March 2002), by adding 130 days, the Iddah will end on 16 Jumaad-al-Oola or 29 July at 10:00 am. (Ahsanul Fataawa vol.5 pg.444)

Q: Is fear of not being financially able to support a wife a valid reason to delay Nikah?
A: If by ‘financially able’ you mean a luxurious life, then this is not a sound reason to delay Nikah. If a person has the bare means to sustain a simple marriage, then he should not delay the Nikah. In the Ahaadith, we are taught that Nikah creates Barakah (blessings) in one’s earnings. If the couple are understanding, they will be able to survive happily on a meager income. If the husband is so poor that he cannot afford even a simple lifestyle, then we advise he adopts patience and waits until he can afford to bear the responsibilities of marriage. This is because today people are weak, and probably, this will lead to a strained relationship between the spouses.

Q: If I am leading a Salaat, and I am about to complete my Ruku, can I intentionally lengthen my Ruku to make it possible for a specific person albeit to join the Ruku?
A: It is Makrooh Tahrimi (reprehensible) to prolong the Ruku or any portion of Salaat in order to facilitate a specific person joining the Salaat. (Shaami vol.1 pg.494; HM Saeed) Such undue prolonging of the Salaat will lead to laziness and promoting of laxity in the prompt attendance of the Salaat. Furthermore, it will be a definite blow to the sincerity of the Imaam.

Q: Kindly explain to us the benefits of Verses 26 - 27 of Surah Aale Imraan.
A: It is narrated in Tabrani that once Rasulullah (Sallallaahu Alayhi Wasallam) did not see Mu’aadh ibn Jabal (Radhiallaahu Anhu) for Jumu’ah. Rasulullah (Sallallaahu Alayhi Wasallam) went to the house of Mu’aadh and enquired, ‘O Mu’aadh! Why didn’t I see you for Jumu’ah?’ Mu’aadh replied, ‘I was coming for Jumu’ah but I owed a Jew some money and he prevented me from coming for Jumu’ah.’ Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘O Mu’aadh! May I not show you a Du’aa that if you have a debt equivalent to a mountain, Allah will discharge it for you.’ Rasulullah (Sallallaahu Alayhi Wasallam) then showed him verses 26 and 27 of Aale Imraan.
It has been said that a person who continues reading these 2 Aayats, Allah will absolve him from debts. These Aayaats should be read 7 times after Fardh Salaat. It is also reported in Tabrani that Hadhrat ibn Abbaas (Radhiallaahu Anhu) narrated that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘In these two Aayats, the Ism-e-Azam of Allah are mentioned through which Du’aas are accepted.’ (Ma’ariful Qur’aan vol.1 pg.592)

Q: We purchase US Dollars and then sell them in Rands on credit (30 or 60 days) at a higher rate agreed by both parties. Is this transaction permissible?
A: Exchanging currencies in lieu of each other is known as Bay’ Sarf (Hidaaya vol.3 pg.105; Qazi). The fundamental laws pertaining to such a transaction are as follows:
a) Two same currencies may be sold in exchange for each other, but both amounts will have to be equal. Any excess on either side is Riba (interest), hence, it will be Haraam. (Ibid)
b) Two different currencies may be sold with excess on any side. (Ibid)
c) It is permissible to exchange two different currencies on credit at a higher rate with the condition that both parties are in agreement to the rate.
Contemporary Fuqahaa have distinguished between natural form of currencies (gold and silver) and adopted currencies (dollar, sterling, rands, etc.)
The prohibition of credit in exchange of different currencies is confined to natural currencies and not to adopted currencies. (Dars-e-Tirmidhi, Mufti Taqi Usmani, vol.4)

Q: Is it permissible to ‘contract hire’ a car? The procedure is: a car is chosen and you specify the annual Miles and the period of the contract. A deposit is then paid and a monthly instalment is fixed. A final purchase price is agreed if the purchaser wishes to purchase the car.
At the end of the contract, the purchaser may: a) Purchase the car, b) Trade in the car, or c) Terminate the contract.
A: According to the Shari’ah, the ‘hire a car contract’ falls in the category of Ijaarah (leasing). If the mileage and monthly fees are defined, the contract is permissible.
However, there is only an option to buy and not a guaranteed sale. If the company does not wish to sell the car after the contract expires, they are not obliged to do so. If it is not your intention to purchase the car, this does not affect you. You may, thus, enter into such a lease contract.

Q: What should a Muslim’s attitude be when he is in a gathering and sin becomes rampant?
A: If sin becomes rampant during a function, a person should make an attempt to stop it if he has the capacity to do so. If he is unable to stop the sin, he should protest the sin in his heart but nevertheless, partake of the meals. However, if the sin is of such a nature that it affects even his immediate surroundings (e.g. loud music etc), he should depart forthwith. This is the ruling for a layman.
If the person occupies a position of authority in deen (e.g Aalim, Qaadi, Trustee of a musjid etc.), he should depart if he is unable to put a stop to it, whatever the situation. If one has prior knowledge that any un-Islamic practice will take place there, he should not attend at all. (Shaami Vol. 9 Pg 501 imdaadiyyah)

SHARI’AH COMPLIANT BUSINESS CAMPAIGN - REPORT BACK

Alhamdulillah, on Sunday, August 4 2002, the Shari’ah Compliant Business Campaign was officially launched. Despite the unfavourable weather conditions, the response was overwhelming.

Aims and Objectives of the Campaign
The Oxford dictionary defines a campaign as ‘a series of battles with one objective’. In the context of the Shari’ah Compliant Business Campaign, the campaign was aimed to fight a series of battles against all un-Islamic business practices. That includes morals and practices. A similar campaign was conducted by a great Nabi of Allah, Shu’ayb (Alayhis salaam). His people, the tribe of Madyan, used to cheat in weight and measure. Shu’ayb (alayhis salaam) addressed his nation, ‘O my people, worship Allah. There is no one worthy of worship besides Allah. And do not decrease in scale and weight, verily I see you people well-off (wealthy and prosperous). I fear upon you an encompassing punishment (if you don’t bring faith and you cheat in weight and measure).’ ( Surah 11 verse84) Shu’ayb (AS) fought a series of battles with his people in reforming their business malpractices. When they did not comply with the Shari’ah Compliant Business Campaign of Shu’ayb (AS), Allah destroyed the entire nation.

The Programme
Before the programme, there was registration and evaluation forms for the lectures were handed out. The first lecture dealt with the Islamic ethos and morals of a Muslim businessman.
Allah Ta’ala explains the Islamic ethos of the businessmen in the blessed era of our beloved prophet (Sallallaahu Alayhi Wasallam), ‘They are such men that neither trade nor merchandise make them negligent of the rememberance of Allah Ta’ala, performing their Salaat and discharging their Zakaat. They fear the day when hearts and eyes will be overturned.’ (Surah24 verse37) Nabi (Sallallaahu Alayhi Wasallam) said, ‘An upright and honest businessman shall be raised with the prophets, martyrs and the truthful on the day of Qiyaamat.’ (Mishkaat pg.243; Qadeemi)
The second lecture discussed many un-Islamic business practices and alternatives for such practices were offered.
Special perpetual timetables with Ahaadith pertaining to making one’s business Shari’ah compliant were handed out.

Response
Our guests expressed their opinion in the evaluation forms. Hereunder a few responses.
1. ‘Very inspiring, series of lectures should be held discussing one topic at a time.’
2. Very benefiting. Insurance, etc. should be discussed in detail. In the future more time should be allocated to questions and answers.’
3. Enlightning and provoking.

Way Forward
Members of the different fields are being identified to assist the campaign in making their field of business Shari’ah Compliant. We shall inform the public of any further development or alternatively you may contact us.

The cassettes and the calendars may be obtained from the Madrasah.

AL MAHMOOD #22

Q: Can a woman use medicine to stop menstruating during Ramadhaan so she can complete all 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: 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 in the day, 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: Is it permissible for a female who is fasting but expecting her periods to use tampons?
 A: It is not permissible for a female to insert a tampon whilst fasting. She may insert it before commencing the fast at Sehri time. (Fataawa Raheemiyyah vol.2 pg.38; Rahimiyya)

 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: 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: 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 (emphasized Sunnat) for both males and females. (Raddul Mukhtaar vol.2 pg.43; HM Saeed)

 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: 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)

 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 such a person to be imprisoned or punished. (Ahsanul Fataawa vol. 1 pg. 37)

 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: A difference of opinion exists in our town regarding the exact time of Iftaar. Some are of the opinion that it is necessary to open fast immediately after sunset based on the Hadith of Bukhari that ‘people will continue in prosperity so long as they make Ta’jeel (be quick) in breaking the fast.’ Others are of the opinion that as a matter of precaution, the fast should be opened a few minutes after actual sunset, as the time in the Muazzin’s clock or the perpetual timetable, may not be absolutely correct. Kindly comment.
 A: The Fuqahaa have stated that it is Waajib to exercise precaution in breaking fast. (Tahtaawi; Karachi pg.370). Ibn Nujaym states, ‘Ta’jeel (to be quick) which is desired in breaking fast is before the stars appear.’ (Bahrur Raaiq vol.4 pg.292) In view of the above, it is not necessary to break fast immediately after sunset in order to achieve the virtue mentioned in the Hadith. The virtue will still be achieved even though there is a slight delay.

 The Hadith of Bukhari referred to in your questionnaire is explained by Ibn Hajr (Rahmatullaahi Alayhi) in Fathul Baari (vol.4 pg.191) as follows: ‘The Christians and Jews used to delay their fast until the stars were apparent, hence, we should contradict them, i.e. we should not delay to that extent.’

 Furthermore, we have queried the matter with the relevant experts, they too are of the opinion that the timetables are not accurate and there is a variation of at least two (2) minutes. Therefore, our advice is to exercise precaution by waiting at least five (5) minutes after the given time in our perpetual timetable.

 Q: Kindly explain when does vomit invalidate fasting.
 A: The Fuqahaa have explained different types of vomit. We hereby simplify them as follows: Uninduced (involuntary) or induced. Each of the two could either be mouthful or less than a mouthful. Thus, there exist four possible cases: (a) Uninduced - mouthful, (b) Uninduced - less than a mouthful, (c) Induced - mouthful, (d) Induced - less than a mouthful.

 The vomit in each of these cases could either: a) Exit from the mouth, b) Unintentionally swallowed, c) Intentionally swallowed.

 Only two situations invalidate the fast, a) Uninduced - mouthful - intentionally swallowed, b) Induced - mouthful irrespective of whether it is swallowed or not. (Darse Tirmidhi vol.2; Darul Uloom Karachi)

MUSLIM PERSONAL LAW - SPECIAL FEATURE

 Many Muslims, both Ulama and professionals, have contributed to the drafting of the proposed Muslim Personal Law bill. We do not question their intentions, and are confident that all had the best interest of the Ummah in mind. However, the time has arrived to seriously reconsider the involvement of the Ulama in the Muslim Personal Law. The need for this reappraisal arises from the fact that the Ulama were not fully informed of the detailed dynamics of such a dispensation.

 The Ulama had extensive discussions with Muslim lawyers, and other professionals on the issue. Nevertheless, one crucial aspect was not fully canvassed, namely, the constitutional implications of the Bill.  By the grace of Allah Ta’ala, the Ummah is not only blessed with Ulama, but also with professionals, who, together with being experts in their fields, have a deep sense of commitment to Islamic values. After discussions with experts in the constitutional law field,  many Ulama felt the serious and urgent need to distance themselves from the proposed Bill. Details of one of these discussions with a renowned constitutional expert in the presence of many leading Ulama of the country can be found on our website. We encourage every Muslim who is a South African citizen  to read that discussion in an endervour to have a profound understanding of the Muslim Personal Law in the context of the South African constitution.

 For the benefit of the Muslim public, we wish to highlight a few salient points as it pertains to the interpretation and application of the Bill (if passed) which  hitherto was not fully canvassed. It is these critical concerns which make it imperative for the Ulama and all Muslims to disassociate themselves from the proposed Bill. What you find below is a synopis in a question and answer format which brings out some of the major concerns.

 Dear reader, it is possible that you may not understand the contents in one reading. We request you to ponder deeply and try to understand by reading the contents a few times. If you have any difficulty in understanding, you may contact us.

 Q: We are given the impression that the MPL (Muslim Personal Law) will soon be recognized, kindly comment.
 A: That impression is incorrect. The MPL has to pass many channels before it can be recognized. The following is a chart which explains the likely procedure.

 a) Project Committee: Prepare a proposal, b) South African Law Reform Commission: Examine the proposals, c) Minister of Justice: Evaluate the proposals in terms of the Constitution. The Justice Ministry might hand it over to the Justice Portfolio Committee if it thinks the project is worthwhile, d) Justice Portfolio Committee: Evaluate the proposal in terms of the Constitution and might submit a Bill to Parliament for approval, e) National Assembly and National Council Of Provinces voting on the Bill. The parliament consists of the National Assembly which has 500 members and the National Council of Provinces which has 90 members.

 At every step of the way, changes and modifications could be made to the Bill. It is likely that drastic changes could be made particularly at stage d. Thus far, the MPL is merely at the first stage. The Project Committee has merely prepared a set of proposals.

 Q: Will the proposals for the MPL be accepted as is or will there be changes?
 A: There will in all likelihood be changes along the way. To expand on the answer above, according to procedure, the proposals will be handed over to the Minister of Justice. His advisers will evaluate the proposals in terms of the Constitution and they would make amendments to the proposals to be consistent with the Constitution or government policy. It is important to note that the Constitution is the Supreme Law of the Land; law or conduct inconsistent with it is invalid and the obligations imposed by it must be fulfilled. The proposal will then go to the Justice Portfolio committee for further evaluation in terms of its desirability and its constitutionality.

 The lawyers in the Department of Justice and the members of the Justice Portfolio Committee take their constitutional mandate very seriously and they will make modifications, additions and subtractions to the proposals for the MPL. In brief, the MPL proposals will be modified so as to pass constitutional muster. It is clear that what one gets from the Project commitee is not what he will necessarily get at the end.

 Q: What are some of the negative aspects of having the MPL recognized?
 A: There are many negative factors of having the MPL recognized. The greatest danger is that it will interfere with Divine Law. The concept of perceived injustice between the spouses in the MPL can be challenged in the Constitutional court. According to the Shari’ah, only a male has the right to issue divorce. A female may challenge that at a constitutional level as that violates principles of equality. Section 9(1) of the Constitution states, ‘The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds including race, gender, sex...’

 Based on this section, even homosexuals have a claim for equal rights and privileges.

 Q: As you are aware, the indigenous people of South Africa have their own customary laws, for example, Lobola, etc. and that has been given importance by the courts on many instances. Is Shari’ah Law not analogous to African Customary Law? If Lobola can be recognized, why will Shari’ah Law, polygamy, etc. not be recognized?
 A: There is a major difference between African Customary Law and Shari’ah Law. From a political point of view, both will not necessarily achieve the same level of recognition. African Customary Law is practiced by many South African citizens. Muslims on the other hand are in a minority.

 Furthermore, inspite of the greater influence of African customary law, that too poses the threat of being challenged under the Constitution. An article appeared in the Sunday Times of October 13 2002, ‘Commission hears views on Customary Law’. The commission was interviewing a contender Judge Lex Mpati for the post of deputy President of the Appeal Court of Bloemfontein. This is one of the most influential positions of leadership in the judiciary of South Africa. Mr Mpati was asked about Lobola, he responded by saying, ‘it was not ‘good law for primogeniture to continue.’ It must also be understood that the attitude of the judiciary is always being reviewed and revised. Shari’ah Law will be at the mercy of such revisions. What guarantee do we have that Shari’ah will not be contaminated, chopped and changed?

 Q: What is the problem should the MPL be accepted?
 A: It is clear the laws of Shari’ah pertaining to gender will be subservient to the interpretation of the Constitution. The Constitutional Court has stated repeatedly that statutes and laws have to be interpreted against the Constitution. A statute has to be interpreted in a way that is consistent with the Constitution and its overall purpose and objectives. The Constitution allows for the development of the common law, customary law and religious law but only so far as these laws are consistent with the Constitution. The Constitution calls on the courts to recognise and develop these systems of laws (for example the common law) against the Constitution. Please note that if the Constitutional Court or the High Court interprets the MPL statute in terms of the Constitution and it is against the Shari’ah, that will be jurisprudence and every court is bound by that. Challenging the constitution’s interpretation of unfair discrimination is a huge and mammoth task. It is similar to Imaan challenging Kufr.

 Q: What are some of the interpretation problems of Shari’ah that in all likelihood will arise?
 A: The Constitutional Court has over the past few years given expression to particular views on equality, justice and human rights. Some of these conceptions (for example on gender issues) go against Shariah principles. The Constitutional Court in terms of its mandate would interpret MPL in a way which develops the MPL consistent with the Constitution, or it could rule the MPL provisions unconstitutional on equality grounds. For example, it could say that if a man can issue three talaqs, under its equality jurisprudence, a women should be able to do the same. Either of these rulings would be against Shariah.

 Q: How will the MPL be interpreted by the judiciary?
 A: The courts of South Africa will now become the ultimate arbiter over Sharia principles. In fulfilling their role of interpretation, the judiciary will interpret MPL not against Shariah as an independent value system but against the Constitution and its overarching principles and objects. This is an untenable situation.

 Q: According to the provision in the MPL statute, there will be a Muslim judge and two Muslim assessors, which Madhab will they follow in issuing a ruling?
 A: Regardless of which Madhab the judge employs, the important thing to understand is that the interpretation has to be consistent with the Constitution particularly the Bill of Rights. Under the Bill of Rights, the constitutional Court has defined the right to human dignity as a pre-eminent principle. The Constitution proclaims, ‘Everyone has inherent dignity and the right to have their dignity respected. Human dignity is defined as respecting the uniqueness of each individual to develop him or her individual talents in an optimal fashion.’ When you look at the jurisprudence of the Constitutional Court, you will find that many of the provisions in MPL would be interpreted in a way that makes it consistent with the Court’s interpretation of human dignity which is against the principles of shariah.

 Q: Will there be any difference if Muslim judges preside over cases of the MPL and there be Muslim assessors with a Muslim judge?
 A: It should not be understood that a Muslim judge presiding over a dispute is going to issue an independent Shar’ee ruling. Every judge is bound to follow the rules of the judiciary according to the Constitution. If the Muslim judge is not an Aalim of Shari’ah, then it is not expected of him to issue a ruling according to Shari’ah.

 The Draft Bill makes provision for Muslim assessors and that a ruling will be issued according to the majority opinion - two Muslim assessors or one assessor and the Muslim Judge. There is a likely constitutional problem with this provision.

 Deciding on matters of law is the sole prerogative of the Judge. The assessors cannot do that. They will only decide on questions of facts. It is important to note that separation of powers is a pre-eminent principle in the South African Constitution. Under this conception, the legislature makes laws, the executive enforces the law and the judiciary adjudicates over disputes. The sharing of judicial power between the judge and assessors would undermine the powers of the judiciary.

 Q. Why do you think proceeding with the MPL would be a problem?
 A. Under the Constitution, it would be difficult to force a particular party to accede to the application of religious law against their consent. Let us assume that a couple agreed in terms of a marriage contract to regulate their marriage relations in terms of their Shariah principles. At the time of dissolution of marriage, one party could argue that they have changed their religious beliefs. To force them to adhere to a particular religious view amounts to a violation of their constitutional rights. It is inconceivable that a court will compel an individual to be bound to adhere to a set of religious beliefs against their wishes.

 Q: What is your advice to us, simple minded people regarding the MPL?
 A: In view of the great dangers posed by proceeding with the MPL, we should distance ourselves from the proceedings and raise our voices against that. The laws of the Shari’ah are immutable and sancrosanct. We should not allow Shari’ah to be tampered with. Remember, the MPL must be understood in the context of the South African Constitution within which it will operate. The danger is that the Constitution is going to engage us rather than we engaging the constitution.

 WARNING !! WARNING !! WARNING !!

 We place on record our objections to the attitude of the members of the Project committee. They do not possess the necessary Shari’ah knowledge as well as constitutional expertise to attend to such a delicate issue.

The Ulama fraternity are disgusted with their procedures. They seem to have an agenda to drive forward the MPL notwithstanding the great dangers it presents to the prestine purity of Shari’ah. The project committee will have workshops to try to convince you that the MPL has the blessing of great Ulama. That is not so. Also, do not be deceived by them lawyering the MPL. We must be truthful and realistic. Remember, your duty is to take your guidance from Muttaqi and pious local Ulama who understand the local situation better than foreign Ulama. Do not be deceived by references of foreign Ulama cited by the Project committee. Every Muslim is duty bound to raise his voice against the proceedings of the MPL.

AL MAHMOOD #24

Q: Recently, there has been much confusion regarding females trimming their hair. A renowned jurist, Mufti Taqi Usmani Saheb, has issued a ruling of permissibility on condition the female’s hair does not resemble the hair of a male and non-Muslims? Kindly comment.

A: The ruling of our Darul Ifta has always been that generally it is prohibited for females to trim their hair.
We have corresponded with Mufti Taqi Usmani Saheb directly and he clarified his position on the matter that a female may trim her hair at the bottom only to straighten out her uneven hair or enhance its growth which does not exceed more than a few inches. Mufti Saheb has stated that his ruling on the albalagh.net site should be read in this context. We have placed Mufti Taqi Usmani Saheb’s correspondence on our website.

Q: I am 50 years old and have three children. My first wife predeceased me. My only possession is one house and I wish to secure shelter for my second wife after my death. I do not know how my children will treat their step-mother after my demise. I also do not wish to give her the house during my lifetime as I will feel insecure by doing that. Kindly advise what is the solution in Shari’ah for me.

A: We advise you to make your house Waqf (endowment) and design the Waqf deed as you wish. As a Waaqif, you may secure the right of usufruct during your lifetime, then to your wife until her death, then to your children and further on. However, the house should finally go to an unending avenue, for example, any charitable organisation.

Q: When travelling by aeroplane, is it permissible to sit in one’s seat and perform Salaat? It is possible the plane may not be facing the Qiblah direction.

A: Before embarking on a journey, it is important to first take into consideration the times and number of Salaats during the travel. Plan the flight in a way that one is not required to perform the Salaat in the plane and be able to perform the Salaat after disembarking. If that is not possible, make arrangements with the flight attendants to perform Salaat in a secluded area. That will enable the traveller to face the Qiblah and perform Salaat whilst making Qiyaam. If that too is not possible, then one may sit on his/her seat and perform Salaat. (Dars-e-Tirmidhi vol.2)
It is a major sin to leave out the Salaat even when travelling.

Q: Is Wudhu with contact lenses valid or not?
A: Wudhu with contact lenses is valid. (Shaami vol.1 pg.97; HM Saeed)

Q: I know that it is not permissible to celebrate occasions like Valentine’s day, Halloween, Easter, Christmas, etc. Here in USA during these occasions, stores have sales of candies that have symbols of those occasions on them, e.g. Happy Valentines, etc. The only reason for buying these candies during these occasions is that they are cheaper. What is the Shar’ee ruling for buying such candies?

A: The sales of Halaal items during valentine, Easter, etc. with symbols of that occasion should not be viewed independently. It is not just a matter of the item itself being Halaal or not.
The underlying ideology of that occasion which is being promoted through the sales of sweets, candies, etc. should be considered. That is evident from the wrappings of such items which have symbols of that occasion. It is clear that the occasion of Valentines, Easter, Christmas, Halloween, etc. have no basis in Islam. To purchase items having symbols of such occasions will be assisting in promoting ideologies that are not acceptable in Shari’ah

Q: What is the ruling if any part of a woman’s Satar (area of concealment) is exposed in Salaat?

A: It is necessary for a woman’s Satar to be covered completely. The satar includes the whole body besides her palms, face and feet.
If any area of the Satar becomes exposed (hair, calf, elbows, etc.) in Salaat for a period of 3 Subhaanallahs, then the Salaat will be valid as long as the portion exposed is less than one quarter of that limb. If the exposed portion of that limb is one quarter or more, the Salaat is invalidated. (Shaami vol.1 pg.408; HM Saeed)

Q: I intend opening a Travel Agency Business. It is a norm in such businesses to, a) to display catalogues which have inappropriate pictures in them, b) make booking for travelling to inappropriate places having inappropriate activities. In light of the norms of the travelling agency, is it permissible to open a travel agency business?

A: To run a travel agency is permissible provided the agency is not directly involved in promoting Haraam activities. Catalogues displaying sites, hotels and facilities may be shown to prospective travelers if the catalogues do not contain any Haram activities and sites like casinos, dancing, semi-nude women, etc.
It is prohibited for the agency to make arrangements for Haraam activities. However, where the agency is not directly involved in arranging the Haraam activity, like arranging hotel accommodation, travel and visa requirements, etc. it is permissible to run such an agency provided the destination itself is not of an un-Islamic nature.

Q: I am a medical student. We are discussing about patient’s rights to refuse medical treatment? What is the Shari’ah position on this?

A: If the patient is in a position to speak or any of his Awliyaa (representatives) are present, then it is Waajib to seek permission from him or his representatives before administering treatment. If a doctor did not seek permission and went ahead with such treatment which has a life risk, then he will be responsible for any negative consequences. A doctor will not be responsible as long as two conditions are found, a) He did not transgress the medical limits and, b) He had taken permission. If any one of the two conditions are not found then the doctor is responsible.

However, if it was not possible to get permission from the patient or his representative and there was no alternative but to treat/operate on him immediately, then it will be permissible to treat the patient even without permission. (Tibbi Akhlaaqiyyaat pgs.59-60)

Q: When a Masbooq stands up to complete his missed Rakaat, should he stand up after the Imaam’s first salaam or should he wait for the Imaam to complete both Salaams?

A: The Masbooq should wait until the Imaam finishes both salaams before standing to complete his missed Rakaats. (Fataawa Aalamigiri vol.1 pg.91; Rashidiyyah)

Q: Is the Hadith that our deeds are presented to Rasulullah [sallallaahu alayhi wasallam] authentic?

A: Rasulullah [sallallaahu alayhi wasallam] is reported to have said that the deeds of this Ummah will be presented to him after his demise.’ (Majmauz-Zawaaid vol.9 pg.24)

Hafiz Iraqi, Haythami and others have accepted its authenticity. (Faydhul Qadeer vol.3 pg.402; Darul Fikr)

Saeed ibn al-Musayyib (RA) narrates that every morning and evening, the deeds of the Ummah are presented to Rasulullah (Sallallaahu Alayhi Wasallam). (Refer Fathul Baari vol.9 pg.124; Hadith5055)

To love Rasulullah [sallallaahu alayhi wasallam] is an integral part of our Deen. We should take stock of our deeds everyday and examine ourselves whether we have pleased Allah and our deeds are favourably presented to Rasulullah [sallallaahu alayhi wasallam] or not.

Q: Khalid intends purchasing a house for $170,000, he has only $20,000. Uthmaan has the remaining $150,000 but wishes to make a profit of $50,000 on that deal. Is there any model in Shari’ah to make the $50,000 profit acceptable.

A: Khalid and Uthmaan may enter into a diminishing partnership contract which is as follows: Khalid contributes $20,000, Uthmaan contributes R150,000 = $170,000

The house will belong to both of them pro rata their contribution. The house may be registered on Khalid’s name with Uthmaan being the lien holder. Khalid pays Uthmaan his investment of $150,000 over a period of time, probably, on a monthly basis and also a standard rent. The rental amount will decrease as Uthmaan’s share of $150,000 is being gradually paid and his share in the house being decreased. The rental may be structured at $50,000 in total until final payment.

Uthmaan may also sell his share of the house, $150,000 on Muraabaha (profit), for example, for $200,000. In this situation, Uthmaan will not be a shareholder of the house sold to Khalid. Obviously, the Shari’ah rules of buying and selling must be adhered to for the sale to be valid in Shari’ah.

Q: Kindly advise as to how can I prosper in my business?

A: There is only one way for prosperity in your business and that is by making your business Shari’ah Compliant. You will prosper in this world and the hereafter.

Assess the Shari’ah Compliancy of your business based on the following points:

a) Did I ponder if my business is Shari’ah Compliant or not?
b) Did I enquire from the Ulama?
c) If my business is not Shari’ah Compliant, what is the alternative?

Remember, Rasulullah [sallallaahu alayhi wasallam] said, 'Seeking a Halaal income is an obligation.’ (Mishkaat pg.242; HM Saeed) Rasulullah [sallallaahu alayhi wasallam] also said, 'The body nourished with Haraam will not enter Jannah.’ (Mishkaat Ibid). How can you prosper if your business is not Shari’ah Compliant? How can you enter Jannah if your body is nourished with Haraam?

AL MAHMOOD #27

Q. Is there any virtue mentioned in the Ahadith for the first ten days of Dhul Hijjah? Also is there any specific reward for fasting in the first ten days of Dhul-Hijjah?
A. Rasulullah (Sallallaahu Alayhi Wasallam) is reported to have said: "There is no time better to worship Almighty Allah than the first ten days of Dhul Hijjah, the fast of each day of the first ten days of Dhul Hijjah is equivalent to the fast of one year and staying awake on each one of the first ten nights of Dhul Hijjah is equal to making Ibadah (worship) on the night of Qadar. (Tirmidhi Hadith750)

One should take advantage of this great opportunity and earn great rewards from Almighty Allah during the auspicious time of the first ten days of Dhul Hijjah..

Q. We have been told that Qurbaani may be made immediately after Subah Sadiq (break of dawn) in rural towns, is this correct?
A. In principle, those places that do not qualify for Jummah and Eid salaah, Qurbaani may be made immediately after Subah Sadiq. However, those places where Jummah and Eid Salaah are performed, Qurbaani can be made only after Eid Salaah. In such places, if the Qurbaani is done before Eid Salaah, the Qurbaani will not be valid.(Shaami Vol 6 Pg 318 H M Saeed)

Q. I purchased an animal for Qurbaani. While offloading the animal, it became injured and unfit for slaughter. What should I do?
A. There are two aspects to this query a) the owner can afford another animal b) the owner cannot afford another animal.

If the person intending to perform Qurbaani has the means to purchase another animal, he/ she should purchase another animal. However, if he /she cannot afford to purchase another animal, the injured animal should be sacrificed.(Shaami Vol. 6 Pg 325 H M Saeed)

Q. I purchased two shares in a cow for Qurbaani. One of the partners have purchased a share to perform the Aqeeqah of his child. Is it permissible to have shares for Aqeeqah in a Qurbaani animal?
A. In order for the Qurbaani to be valid, it is essential for the shareholders of the cow to sacrifice for the pleasure of Allah. If any of the shareholders has any other intention besides sacrifice for the pleasure of Allah, for example, keeping the meat for personal use or for resale, then the Qurbaani of all the shareholders will not be valid. It is permissible to have shares for Aqeeqah in a Qurbaani animal. (ibid Vol 6 Pg 326 H M Saeed)

Q. How should intention for Qurbaani be made, verbally or by heart? Is it necessary to take the name of the person on whose behalf the animal is being sacrificed?
A. Intention from the heart for Qurbaani is sufficient. It is not necessary to make the intention verbally. However, to say the name of Allah verbally before sacrificing is necessary and to say Bismillahi allhu akbar specifically, is Sunnat. It is not necessary to take the name of the person on whose behalf the animal is being sacrificed. (Fataawa Alamghiri Vol 5 Pg 288 Rashidiyya)

Q. In our city we have many Eid Salaats. We have been informed that as soon as the first Eid Salaah is performed, we may slaughter even though we have not performed the Eid Salaah as yet. Is this correct?
A. If there are many Eid Salaahs in one city, it is permissible to slaughter the animal of Qurbaani as soon as the first Eid Salaah of that city has been performed. (Hidaaya vol.4 pg.446; Ashrafiyyah)

Q. What should be done if the animal of Qurbaani gives birth? Can that animal be sacrificed or another animal has to be sacrificed?
A. If the animal of qurbaani has given birth, it is not necessary to purchase another animal. The child and the mother both should be sacrificed. (Shaami vol.6 pg.323; HM Saeed)

Q. What is the Shar’ee ruling with regards to the skin/hide of the animal slaughtered for Qurbaani? Nowadays, Musjids, Madrasahs, Darul Ulooms and many Organizations collect skins/hides and use the income accrued to support their Organizations. Is this practice correct?
A. In principle, the skin/hide of a Qurbaani animal has to be given in Sadaqah(charity) (Shaami vol.6 pg.328 H M Saeed). Alternatively, one may sell the skin/hide and give the proceeds to charity. (Bahrul Raaiq vol 8 pg. 178 Rashidiyya)

The representative of the Organization, Darul Uloom, and Welfare Organization etc. will be the representative of the owner of the skin/hide. The representative may sell the skin/hide and give the proceeds in charity to his Organization.

Q: What is the minimum age of a Qurbaani animal?
A: A camel must be at least five years old. A cow must be at least two years old. A goat and sheep must be at least one year old. If a sheep is six months and older and is healthy like a one year old, then such a sheep is sufficient. (Fataawa Alamgiri vol.5 pg.297; Rashidiyyah)

Be careful: It has been brought to our attention that some agents sell Qurbani animals that are younger than the required age. Such Qurbaani will not be valid.

Q. What is the Shariah ruling regarding the distribution of meat? Is it necessary to distribute meat around the locality?
A. It is not necessary to distribute the meat around the locality. However, the Ulama advise that the Qurbaani meat be divided into three portions, a) one portion for the family b) one portion for friends c) one portion for the poor. (Jawahirul Fiqh Vol 1 pg 451 Darul Uloom Karachi)

Q: I have heard that Rasulullah [sallallaahu alayhi wasallam] advised the Ummah not to eat excessive cow meat as it is harzadous to the health. Is it true?
A: Rasulullah [sallallaahu alayhi wasallam] himself slaughtered a cow on behalf of his wives. (Kashful Khifaa vol.2 pg.139)

If excessive cow meat is harmful to one’s health, it should be taken into consideration.

Q: Kindly explain the authenticity of the following Ahadith:

a) The Prophet (peace be upon him) said that mushrooms is a cure for the eyes, it also serves as a form of birth control and arrests paralysis.

b) The prophet (peace be upon him) said that a house without dates has no food. Also dates are eaten at the time of childbirth.

c) The Prophet (peace be upon him) said the best drink in this world, and the next is water. When you drink water, drink in sips and not in gulps as it causes sickness of the liver.

A: a) It is narrated by Saeed bin Zaid (Radhiallahu Anhu) that Rasulullah (Sallallaahu Alyhi Wasalam) said, "Mushrooms are a cure for the eyes." (Sahih Bukhari Hadith4639). However, the type of mushroom referred to in this hadith should be verified by consulting specialist herbalists.

Mushrooms being a form of birthcontrol and that it arrests paralysis, is not mentioned in the narration. In fact, Hafiz ibnul Qayyim (RA) has mentioned that it actually causes paralysis. (Zaadul Ma’ad vol. 4 pg.361)

b) Hadhrath Aaisha (RA) narrates that Nabi (SAW) said: "The house that does not have dates, infact has no food". (Sahih Muslim Hadith5305, Tirmidhi Hadith 1815)

Dates to be eaten at at the time of birth is recorded in Musnad Abu Ya’la. (see Majma-uz-zawaaid vol.5pg.240).

Some Ulama have disputed the authenticity of this Hadith. However, its meaning may also be understood from the Quraan. (Surah Maryam verse 25-26)

c) The hadith of drinking water in sips rather than gulps has been mentioned in many Ahadith. (Takhreejul Ihya vol.2 pg.334 ; Majma-uz-zawaaid vol.5 pg.80 & Al-Ittihaaf of Zabeedi)

Gulping being a cause of a sickness of the liver has been recorded in Musannaf Abdur-Razzak (vol.10 pg.428); Shu’abul Imaan of Bayhaqi (hadith 6012 and others); Ithaaf of Zabeedi (vol.5 pg.592). These narrations collectively have been considered as Hasan (soundly authentic). (Ibid vol.5 pg. 592- Ilmiyyah)

WWW.ASK IMAM.COM

The askimam.com website is officially conducted by the Darul Ifta Madrassah Inaa’miyya Camperdown. We have been inundated with complaints from the South African Muslim public regarding the quota of the ask-imam.com website and their difficulty to log on the site and post their questions.

Alhamdulillah, the ask-imam.com website is the most popular question and answer site in the world, and has become a basic referral site for fiqhi issues. The popularity of the site has motivated the establishment of many subsequent ‘ask’ sites. The site has by far answered many queries both locally and abroad. From the year 2001, the Darul Ifta has answered approximately 10 000 Fataawa only from the ask-imam.com in total and attracts 35000 – 50000 visitors daily throughout the world. Thus far, it has attracted two million visitors and received questions from 97 countries. The site has a quota system which only allows ten questions a day which gets filled in approximately 3-5 seconds. The site opens in South Africa at 4:00 pm. Our responses to the queries are updated everyday and remain on site for, at least, three days for public view and knowledge.

The Darul Ifta also services the questions and answers site of Albalagh.com and its official Madrasah site - alinaam.org.za/ We have innumerable requests from around the world to service their sites. Unfortunately, due to the number of fataawa received from the abovereferred different sites and locally via the sites, faxes, letters (approximately 30 - 40 daily), we have limited the quota on the ask-imam.com in order for us to respond efficiently. The South African Muslim public may make use of the alinaam.org.za site if they cannot log on to the ask-imam.com site to present their questions. The alinaam.org.za does not have a quota and every query is responded to either specifically or by an auto responder.

Kindly take note of our Social Department and its responses on the alinaam.org.za website. The queries may be used as a yardstick to measure the social condition of the Ummah and a means of guidance in our personal conditions.

AL MAHMOOD #28

Q: Is it permissible for a pregnant woman during the last term of her pregnancy to sit and perform Fardh Salaat as she is burdened with a heavy weight and experiences much difficulty in making Ruku and Sajdah?
A: If a pregnant woman experiences extreme difficulty in making Qiyaam (standing) and/or Ruku and Sajdah, then she may sit and perform her Fardh Salaat. She may also make Ruku and Sajdah with gestures, in which case her indication in Sajdah must be more lower than in Ruku. (Shaami vol.2 pg.97; HM Saeed)

Q: Is it permissible for parents to give cellular phones to their children?
A: A cellular phone is a permissible entity, yielding great benefits. However, it also has the potential to inflict serious harm. The trend of giving cellular phones to children without any restrictions or control is leading to untold evils. The Darul Ifta has dealt with many incidents of boys and girls having illicit relationships secretly initiated and maintained through cellphone communications even while sitting in the comfort zone of their own home. In 90% of the cases, parents regretted giving cellphones to their children after facing the ghastly consequences of their children having cellphones. It must be pointed out that many incidents handled by us were also from families having religious backgrounds and trusted their children not to abuse the cellphone.

Allah Ta’ala states: “Save yourselves and your families from the fire”(Surah 66: Aayat6). Nabi (Sallalahu alaihi wasallam) stated, “Every one of you is a guardian and everyone will be questioned concerning his flock!”(Sahih Bukhari Hadith no.893)

It is the Shar’ee responsibility of parents to nurture their children with Islamic morals and save them in every way from anything that is potentially immoral, for example, internet and cellphones. If children commit sin through cellphones, parents will also be sinful due to the neglect on their part. The Darul Ifta urges you to take heed to our advice regarding children and cellphones.

Q: What should one recite in the standing posture of Salaat?
A: If a person is performing two Rakats of Fardh, for example, Fajr Salaat, or three rakaats for example, Maghrib Salaat, or four Rakaats, for example, Dhuhr, Asr and Esha Salaat, then he is either following the Imaam or performing Salaat individually.

If he is performing Salaat behind the Imaam, then in principle, he cannot recite the Qur’aan in any Rakaat. (Hidaaya vol.1 pg.120; Ilmiyyah) If he is performing Salaat individually, then he has to recite Surah Faatiha and a Surah (minimum three verses or 18 alphabets) in the first two Rakaats. (Tahtaawi pg.200; Qadeemi) In four Rakaats Fardh Salaat, it is virtuous to recite Surah Faatiha in the second two Rakaats. If a person is performing Sunnat Salaat or Nafl Salaat, then he has to recite Surah Faatiha and a Surah in the third and fourth Rakaats as well. (Ibid pg.218)

Q: It is common nowadays that women wear casual clothes with a scarf considering that to be Hijaab. Kindly comment.
A: According to Shariah the complete body including the form and shape of a woman is considered as awrah (satar). It is therefore necessary for a woman to conceal the form and shape of her body in front of Ghayr Mahrams. (Tahtawi pg.194; Qadeemi)

It is not permissible for females to wear casual clothes in front of Ghayr Mahrams as that reveals the form and shape of the woman. The mere covering of the hair with a scarf is not sufficient for Hijaab.

Q: A woman was divorced on a particular date. She discovered being divorced only after three menses. Is it still necessary for her to sit in Iddat?
A: In principle, once the husband issued his wife divorce, the divorce is effective even though the wife does not know of the divorce. (Hidaaya vol.2 pg.360; Ilmiyah) The Iddat commences immediately after divorce. (Shaami vol.3 pg.520; HM Saeed)

It is the husband’s responsibility to inform his wife of the divorce so that she observes the laws of Iddat. If he did not inform her of the divorce, and she discovered that after the period of Iddat, then too the Iddat will be complete. The husband will be responsible for her non-observance of the laws of Iddat.

Q: I am a mother of two; one is 1 and a-half and the other 5 months, and I have a medical condition called Disc Degeneration which is a disc that is wearing away in the spine causing severe pain in the back. My doctor advised me to take a break due to my condition and advised me to use an IUS Coil.
Is it permissible under the circumstances to employ such a method of birth control.
A: In principle, if the IUS coil prevents fertilisation, it will be permissible. If it expels the fertilised eggs, it will not be permissible.

You should get a clarity on the actual function of the coil from your gynaecologist and follow the principle as explained by us. If there is no suitable alternative, then one may use the IUS coil based on the principle of ‘necessity relaxes prohibition’.

Q: When a person passes away, some heirs, for example, children, forfeit their share in the house in favour of their mother. Is this practice correct? Will the forfeited share now belong to the mother?
A: If an heir forfeits his/her share. It will be ideal for the heir to gift his/her share to whosoever he/she wishes to. The Shar’ee laws of hibah (gifting) would apply. Thus in order to gift a share in a property, it would  be necessary for the property to be first divided as gifting a joint (mushaah) item is not valid in Shari’ah. An easier method would be for the heir to sell his/her share in the property to the person for a nominal sum (e.g.R2). The same ruling would be for all items which are divided. As for things that cannot be divided, e.g. a car, then gifting of a share in such items will be permissible without dividing them. (Ahsanul Fatawa Vol.9 Pg.279)

Q: What is the Shari’ah ruling of having a female Secretary cum receptionist. Apart from her being a receptionist, she also has to work with me in person. It must be noted that it is not financially viable to have a male Secretary cum receptionist.
A: Rasulullah [Sallallaahu Alayhi Wasallam] said, ‘A male should never be alone with a (Ghayr Mahram) woman. According to the Shari’ah, males and females, must observe the laws of hijab in front of Ghayr Maharim (persons with whom marriage is not prohibited due to blood relationship). In another narration, Rasulullah [Sallallaahu Alayhi Wasallam] said, ‘When a Ghayr Mahram male and female are together, the third is the Shaytaan.’ (Sahih Bukhari Hadith5233) Every human being by nature is attracted to the opposite gender, form, shape and colour. Every human being has his/her Nafs and the Shaytaan flowing within one’s blood to lead a person astray. No human being is chaste-proof in seclusion with the opposite gender.

In view of the above, it is Haraam to have a female secretary cum receptionist as she will not be observing the laws of Hijaab with you and the clients. It is also expected of a secretary to be polite and sweet which in itself is an attraction to the opposite gender.
The excuse of having a male Secretary cum receptionist not being financially viable is feeble. Did you compare the financial non-viability with the negative consequences of having a female employee? She is a death to your spirituality. She is a threat to your married life. It is no hidden fact that many female secretaries have rocked many stable marriages. If you go by the logic of non-viability, then the negative consequences of having a female secretary supercedes the negative financial consequences. In fact, at times, the financial loss by having a female secretary could be even more as flirting and maintaining an illicit relationship is an extremely expensive affair.

Q: Zayd is selling his property for R100,000. Umar has one month option to purchase the property from Zayd and offers him R1000 as security. The security amount belongs to Zayd irrespective of Umar’s intention of exercising his option to purchase or declining his option. Is the security contract of R1000 Shari’ah compliant?
A: The security contract is called a call option. Zayd offers Umar a promise to sell the property to him for a specific amount within a specific period. In return for this promise, Umar pays R1000.

The promise in itself is permissible and morally binding. However, it cannot be made the subject matter of a sale. Therefore, Zayd cannot charge Umar a fee for making such a promise. Furthermore, the maximum period of option to purchase is only 3 days. (Contemporary Fatawa of Mufti Taqi Uthmani Pg.99)

Q: Do we have to pay zakaat on platinum jewellery?
A: There is no zakaat on platinium jewellery. (Shaami vol.2 pg.273; HM Saeed)

AL MAHMOOD #29

Q: Zaid marries Fatima. Zaid has a son, Ahmad, from his previous marriage. Fatima also has a daughter, Aisha, from her previous marriage. Is it permissible for Ahmad to marry Aisha?

A: It is permissible for Ahmad to marry Aisha since Ahmad and Aisha do not become Mahrams due to their respective parent’s marriage. (Shaami vol.3 pg.31; HM Saeed)

Q: Is the Zakaat given to an organisation discharged before distributing it to the beneficiaries of Zakaat?

A: Zakaat given to an organisation is not discharged until it is given to the beneficiaries of Zakaat. The organisation is only the representative of the rich to distribute their Zakaat. (Aap ke Masaail or Un ka Hul vol.3 pg.406)

Q: We as Muslims are aware that it is not permissible to celebrate birthdays. However, parents having a soft spot for their children, expose them to such celebrations and involve their friends and the School in such celebrations. What guidelines can Mufti Saheb give, as parents become adament, upset and angry when permission is refused for their child to distribute sweets, cakes, etc. in the class on their birthday.

A: In most cases, the child wishes to distribute sweets, cakes, etc. on his birthday amongst his classmates simply because the others distributed on their birthdays or because the child feels obliged to do so for fear of being stigmatised by other children. In order to eliminate this problem, we require a concerted effort by all role players; teachers, parents, school administration and the children.

Perhaps, the first step in this direction would be to prohibit such celebrations as a school rule. The second step would be to advise the teachers to discourage children from bringing any party treats to school. The third and most important step is to involve the parents. They should dissuade their children and they should take a somewhat tougher stance against this un-Islamic practice.

A parent, like any other human being, is bound to be upset when his whims are not adhered to. This should not prevent the school implementing what is required of us by our Deen.

Q: We, as Dentists, buy gold products from the laboratories, e.g. gold slits / gold crowns, etc. They generally bill us at the end of the month. We are then given 30 days to pay. Is this correct?

A: The ruling that gold must be sold cash and not credit applies to when gold is sold in exchange for gold or silver. It does not apply when gold is sold for money. Therefore, it is permissible to buy gold on credit. (Jaamiul Fataawa vol.3 pg.152; Jadeed Fiqhi Masaail vol.4 pg.43)

Q: Is it permissible to cross in front of a Musallee in a Musjid?

If the Musjid is smaller than 335 square meters, then it will not be permissible to cross in front of a Musallee, whether from near or far. If the Musjid is 335 square meters or more, then it will be permissible to cross in front on condition that the distance between you and the Musallee is approximately 3 Saffs, i.e. from where he is standing. The distance as measured by some Ulama is 2,5 meters (Ahsanul Fataawa vol.3 pg.409).

If there is a need to cross the area of 2,5 meters, then place an object in front of the Musallee before crossing. If the Musjid is very big like the Haram or Musjidun-Nabawiy, then one may cross in front of a Musallee. However, one should try one’s level best not to cross in front of a Musallee even though Shari’ah has granted a leeway in the above two instances – a big Musjid and a very big Musjid.

Q: Is it permissible for a female to insert a tampon during menses?

A: It is Makrooh Tahrimi (not permissible) for a female to insert a tampon. (Shaami vol.1 pg.289; Darul Fikr)

Q: When must a person recite the Tahmeed (Rabbanaa lakal Hamd) behind the imaam, while the Imaam says the Tasmee (Samia llaahu liman Hamidah) or after the Tasmee of the Imaam?

A: The Muqtadee (follower behind the Imaam) will recite the Tahmeed (Rabbanaa lakal hamd) while the Imaam recites the Tasmee (Samia llaahu liman Hamidah). (Mabsoot vol.1 pg.20)

It is a general misconception for a Muqtadi to recite the Tahmeed only when he stands up straight.

Q: Is there any remedy for bad thoughts?

A: An individual has more than 70,000 thoughts daily according to a study done recently. We have been told that our nafs can get hold of us in more ways than one. You are not alone in having bad thoughts. This is the test all human beings face and it is a universal problem. You should not inculcate a bad thought and you should also abstain from all things that will give rise to such evil thoughts. If you have a bad thought but you do not act on it, there is no harm. In fact, you should ignore such a thought. However, if you have a good thought, especially in terms of doing a good deed, you are rewarded before you have committed that good deed. Once you perform the good deed, your rewards are multiplied according to your intentions.

Our thoughts belong to us and we should try to always take responsibility for them. In this way, we can actively deal with them in the sense that what we find unacceptable, we will consciously discard. Shaitaan intrudes into our thoughts at any given moment. Even the most pious persons are bombarded with the evil arrows of shaitaan’s mischief.

Remain in a state of wudhu all the time, or as much as possible. Read the Quran with meaning and understanding, perform your daily salaah on time and perform nafl salaah as frequently as you can. Make zikr constantly. This latter activity is one sure way of thwarting shaitaan as he cannot enter your mind whilst your heart and tongue are completely immersed in hymning Allah Ta’ala’s name and qualities. Insha’allah you find that your thoughts will become pure.

Q: Kindly explain when does Zakaat become compulsory.

A: Zakaat is due on every Zakaatable asset, cash, gold, silver, debtors and stock in trade if it is equivalent to the minimum Nisaab amount or more and one lunar year passes on that asset.

The lunar year for Zakaat commences on the day a person possesses the minimum value of nisaab. The amount due to creditors is not zakaatable.

The minimum nisaab amount is approximately R1000 in October 2004. Zakaat in shares is compulsory on the capital amount and the dividends if the company’s business is buying and selling. If the company’s business is only leasing, then Zakaat is payable only on the dividends and not on the capital amount. (Fataawa Rahimiyyah vol.2 pg.14)

Q: Is it permissible to give Sadaqatul Fitr to non-Muslims?

The preferred view is that Sadaqatul Fitr should be given to Muslims only. (Ahsanul Fataawa vol.4 pg.383)

Q: How should Zakaat be calculated on gold jewellery? Would the designs and stones affect the amount of Zakaat to be paid?

A: The following procedure is to be followed: The weight of the gold in the jewellery is to be calculated, e.g. 100 grams. The current price of a gram of gold would be ascertained, e.g. R20.

The weight of the gold would be multiplied by the price per gram, i.e. 100 x R20 = R2000. The person would give Zakaat on R2000, i.e. R50. The value of the designs or of the stones would not be considered. (Fataawa Rahimiyyah vol.7 pg.157)

Q: What is the Shar’ee ruling on playing the scratch card game. The card is purchased and if one gets 3 x’s in a row, he wins a prize. Some companies offer scratch cards for free.

A: The scratch card game falls in the category of gambling and is Haraam.

The same prohibition will apply if one gets the card for free.

Q: What is the criteria of appointing an Imaam for Taraweeh?

A: The position of an Imaam is a very lofty one. He is responsible for presenting the Salaat of the entire congregation in the court of Allah. A person of the highest standing is worthy of holding this position.

The Imaam should have sound knowledge in Deen, with special emphasis on the aspects of Tahaarah and Salaat. He must also have sound knowledge of Tajweed (laws of pronunciation), for Arabic is a delicate language and the slightest change in pronunciation could alter the meaning and thus render the Salaat invalid.

The Imaam should be pious and upright. He should be punctual in keeping a beard and wearing Islamic attire. He should not be known to be a Faasiq (open sinner).

It is the responsibility of the trustees of the Masaajid to ensure that the Imaams they appoint (including Huffaaz for Taraweeh) fulfil the conditions of Imaamat. If the trustees are negligent in the apointment of the Imaam, and the said Imaam is deficient in his Imaamat, the burden of that deficiency will also fall upon the trustees. Thus, great care should be taken in this regard.

AL MAHMOOD #30

Q: Ten months ago, I purchased goods on credit for R250 from a national chain store. However, these goods were not charged to my account. I have approached the store to correct the error and still paid the amount. The store has credited my account with R250 and is now paying me interest. Can I make use of the credit of R250 as the store cannot reconcile this error. If I cannot use this credit, how do I stop the interest from accumulating?

A: Whatever amount of interest has accrued on your account should be given in Sadaqah from your personal money with the intention of absolving yourself from the interest money. In this way the interest money in the account will now become yours.

It will be better for you not to use the R250 that is in the account as there is a possibility that the store will reconcile their accounts and adjust it accordingly. If you make use of the amount, you will have to repay the amount when prompted to and you may have to pay interest on the amount overdue.

Q: I had a verbal contract with a builder. He did not finish the job and is asking for more than what we agreed upon. Furthermore, the job was not up to standard.

A: In principle, if a hired / contracted person does not complete his job, then he will only be entitled to Ujrat Misl (standard payment) for whatever job he did. Ujrat Misl will be determined by two upright and experienced persons who will evaluate the work completed and inform of the amount normally paid for such work. (Jaamiul Fataawa vol.3 pg.301; Rabbani)

We advise that in future you reduce your contract in writing and also include a clause that addresses such a situation.

Q: What is the Shar’ee ruling of making the feet face the Qibla?

A: It is not permissible to make the feet face towards the Qibla direction whether a person is sleeping or awake. (Shaami vol.1 pg.655; HM Saeed)

Q: Is it necessary to fold and place the hands of the deceased on the chest when putting on the Kafn?

A: The hands of the deceased should be kept on the side and not on his/her chest. (Fatawa Darul Uloom vol.5 Pg.184)

Q: Is it correct to sprinkle ZamZam water on the deceased after Ghusl?

A: It is permissible to sprinkle ZamZam on the mayyit after Ghusl. (Fatawa Mahmoodiyyah Vol.7 Pg.233)

Q: What is the length of the ’Izaar’(lower garment) and chest-wrap for the kafn of a woman? Are they wrapped under the Qamis or above it, according to the Sunnah method?

A: The Izaar should be slightly longer than the body. (Shaami Vol.2 Pg.203-H.M.Saeed, Tahtaawi Pg.577-Ilmiyyah)

The chest wrap should preferably be from the chest to the thighs. It would be permissible for the chest wrap to be till the navel. (Shaami Vol.2 Pg.204)

The sequence of Kafan should be: first the Qamis, then the Khimaar, then the Izaar, then the chest wrap and finally the Lifaafah. (Tahaawi pg.578; Ilmiyah)

Q: If a person in the state of Ihram (Umrah or Hajj) passes away, is there accountability for such a person in the hereafter?

A: The person who passes away during Hajj or Umrah shall not be brought before Allah for judgement, nor will he/she have to give account and it will be said to him/her, ‘Enter paradise’. (Majmauz-zawaaid vol.3 pg.208)

Q: How many rings can a man wear? On which hand and finger should he wear the ring?

A: A man may wear only one ring of silver weighing less than 4,5 grams. It is not permissible for him to wear two rings regardless of him wearing them on the same finger or on different fingers. The ring may be worn on any finger of any hand. (Fatawa Mahmoodiyyah Vol.17 Pg.300; Jamiul Fatwa Vol.1 Pg.433; Aalamgiri vol.5 pg.514 - Ilmiyah)

Q: What are the responsibilities of the Imaam and the trustees? In the event of any issue regarding the affairs of the Musjid, how should the problem be resolved between the Imaam and trustees?

A: The prime characteristic of a trustee is to be Ameen, that is to be trustworthy and honest. In the context of being a trustee of a Musjid or any Islamic institution, a trustee must be truthful and honest in fulfilling his responsibilities of the position of the trust. He must have the Islamic interest of the trust at heart and regulate its affairs accordingly. If there is anything un-Islamic in the trust, he must endeavour to change that. His continuous efforts and approach should be to maintain the Islamic ethos in the trust. For that, the trustee must also observe the salient features of an Ameen. He must abstain from sins to the best of his ability. If a person is known to be a Faasiq in Shariah, such a person does not qualify to be a trustee. Generally, a Faasiq is he who openly violates the Laws of Shariah. For example, he shaves or trims his beard less than his fist length or he engages in interest-bearing transactions. If there are any issues of the trust regarding Shariah, the trustees should consult an Aalim or a Mufti. He should not decide on Shar’ie matters if he is not an Aalim. It is also advisable to refer issues of Shariah to the local Aalim and preferably, the Imaam of the Musjid, as this is an expression of respect to the appointed Aalim. It also enhances love and a good working relationship with the Imaam. The trustee should be the first to show respect to the Imaam. He should lead his administration and others by practical examples. It must also be pointed out that to show disrespect to an Aalim is Fisq. Such a person cannot qualify as a trustee or such a trustee should be dismissed, for showing respect to an Aalim is from the Shi’aar (salient features) of Islam. If the trustee has to address anything with the Imaam, it must be done with respect and maintaining the dignity of the Imaam. Consider the following Hadith and relevant Masaa’il:

Abu Atiyya (R.A) says that Hadrath Malik ibn Huwairith (Radiallahu Anhu) used to come and address us. One day while addressing us, the time of Salaah set in. Abu Atiyya says, ‘We requested Hadrath Malik to lead the salaah’. He replied, "Appoint an Imaam from amongst you, I will not lead the Salaah. I have heard Rasulullah (Sallalahu Alayhi Wasallam) saying ‘Whoever visits a tribe or community should not lead the Salaah.’ An Imaam from amongst them should lead the salaah." (Mishkaat Pg. 100 H M Saeed)

In view of the above Hadith, the Fuqahaa have ruled, that if a more educated person than the resident Imaam comes, then too the resident Imaam is entitled to lead the salaah. (Fataawa Hindiyya Pg. 2 Vol.1 Rashidiyya)

According to some Ulama, it is Makrooh-e-Tahrimi for another person to perform the salaah without the consent (happiness) of the official Imaam. (Aap ke Masaa’il ur unka hal vol.2 pg.234)

For more information regarding the responsibilities of the trustees, refer to the article, ‘Advice to the Trustees and Mutawallis of the Musjid’ by Shaykhul Hadith Hadhrat Moulana Fadhlur-Rahmaan Saheb, Azaadville.

Q: How should one perform Salaat if the direction of the Qibla is not known?

A: If a person does not know the direction of the Qibla and there is no one from whom he can enquire, then he should approximate the direction of the Qibla to the best of his ability, and perform Salaat in that direction. An easy method of determining the direction of the Qibla in South Africa is by using the location of the sun at sunrise and sunset. The direction of the Qibla in relation to South Africa is North East. Therefore, if a person keeps his left shoulder toward the location of sunset, he will be facing North, and with a slight deviation to his right, he will be facing the direction of the Qibla.

Similarly, if a person keeps his right shoulder facing towards the location of sunrise, he will be facing North and with a slight deviation to his right, he will be facing the direction of the Qibla. It should be noted that it is not permissible to approximate the direction of the Qibla if there is someone available from whom he could ascertain the direction of the Qibla.

If a person approximated the direction of the Qibla and it turned out to be wrong, then his Salaat will still be valid. (Tahtaawi pg.244; Ilmiyah)

THE REVOLVING DARUL IFTA

We are pleased to inform you of the revolving Darul Ifta educational programme. The Darul Ifta will be conducting a series of programmes primarily related to Fiqh in the different Masaajid in the KZN region.

The programme will also give an opportunity to the different members of the community, adults, males, females and youth to address their concerns.