(Chapter on Beliefs)
Q: A person believes in Allah and His Rasool (sallallahu alayhi wasallam), but dies during an act of Kufr or while maintaining a belief of Kufr. What is his position?
A: Kufr is the antithesis of Imaan. Belief in Allah and His Rasool (sallallahu alayhi wasallam) implies belief in all the requirements of Imaan. “Belief” in Allah Ta`ala and Rasulullah (sallallahu alayhi wasallam), i.e. acceptance and declaration of Tauhid and Risaalat, accompanied by rejection (kufr) of any belief or practice of Islam which is considered as integral to Imaan, is in fact no belief in Allah Ta`ala and His Rasool (sallallahu alayhi wasallam). The Qadianis and many other “baatil” sects proclaim belief in Allah Ta`ala and His Rasool (sallallahu alayhi wasallam). They perform Salaat and they fast. They perform Hajj and give charity. But they are Kaafir because of their beliefs of Kufr. They are outside the pale of Islam.
Q: A non-Muslim friend enquired of the necessity for the return of Nabi Isaa (alayhis salaam). He says: ‘If you Muslims believe that Prophet Muhammad (sallallahu alayhi wasallam) has completed the whole code of life, then what is the need for Jesus (Nabi Isaa) to return?
A: The purpose of Nabi lsaa’s return to earth is not to establish a new code of life. Nabi lsaa (alayhis salaam) will not be bringing a new Book, a new Shariah or a new way of life. The same code of life delivered by Nabi Muhammad (sallallahu alayhi wasallam) will prevail at the time when lsaa (alayhis salaam) appears. The function of Nabi Isaa (alayhis salaam) will not be the perfection or introduction of any code of life. The main function of Nabi Isaa (alayhis salaam ) will be to slay Dajjaal. This purpose of Nabi lsaa’s return stated by Rasulullah (sallallahu alayhi wasallam) proves that his re-appearance on earth will not be in the capacity of a “new” prophet. He will come to execute the task of slaying Dajjaal. And, this in no way detracts from his rank as a Nabi. No matter how exalted the status of a Nabi may be it will not be derogatory to him to obey the Divine Command of Allah Ta`ala. Hence, the despatch of Hadhrat Isaa (alayhis salaam) to earth by Allah Ta`ala to execute a special task and not to discharge Prophethood can in no way be construed as a demotion of Hadhrat Isaa (alayhis salaam) nor could it be interpreted by any stretch of Islamic imagination to mean a new Prophet after Muhammad (sallallahu alayhi wasallam). Nabi lsaa (alayhis salaam) will follow the Shariah of Muhammad (sallallahu alayhi wasallam). In that capacity he will he an Ummati of our Nabi (sallallahu alayhi wasallam). This indeed is a lofty rank which we may not understand and appreciate. But Nabi Isaa (alayhis salaam) and all Ambiyaa understand it and yearn for it.
Q: I am a high school student. We had a controversy regarding religious instruction in schools. Is it permissible for Muslim students to take R. I.? We use bibles and we are also told to have in mind the matter of “The Father”, “The Son” and “The Holy Ghost”. Is it not better to refrain from R. I.?
A: As far as our knowledge goes R. I. (i.e. instruction in the Christian religion) is not compulsory upon adherents of other religious beliefs. We agree with you that Muslim students, especially in the light of almost total ignorance of Islam, should abstain from participation in R. I. Rasulullah (sallallahu alayhi wasallam) once displayed great annoyance and anger when even such a great Sahaabi like Sayyidina Umar (radhiyallahu anhu) was reading the bible. Beliefs such as the “trinity” are clear-cut beliefs of Kufr. It is therefore incumbent upon Muslims to abstain from classes giving instruction in Kufr.
Q: Your Special Issue of “The Majlis” dealt rather harshly with Dr. Muhammad Asad. I find it difficult to accept that he has committed “kufr” by entertaining the opinion that Prophet Jesus (Peace be upon him.) had already died. I am sure that it is not Islamic to decry the opinions of others. Dr. Asad never at any stage supported the Qadiani movement. To place him in the category of the Qadianis is an act of grave injustice. I feel that you owe him an apology.
A: If indeed we had erred in charging Muhammad Asad with kufr then an apology would be wholly insufficient. The charge of kufr which we have levelled against Muhammad Asad is most serious. We are fully conscious of the gravity of the charge brought by us. But, the need for it is of overriding importance. If we had dealt “harshly” with Asad then such “harshness” was occasioned by the “harshness of Asad’s un-Islamic belief coupled with the “harsh” attempts being made by the un-Islamic Committee to promote the countrywide dissemination of Asad’s commentary which seeks to scuttle the fourteenth century-old Beliefs of Rasulullah (sallallahu alayhi wasallam).
For a man in this century to tell us that the official Belief of Islam upheld now for fourteen hundred years upheld by the Sahaabah (without any difference of opinion), upheld by the Fuqahaa (all the Fuqahaa), upheld by the Muhadditheen, the Auliyaa and the entire Ummah of Islam is a “fairytale”, is a “legend”, is to be “summarily rejected” is indeed extremely “harsh”. The great Ulama of Islam have emphatically stated that rejection of the belief that Isaa (alayhis salaam) is alive and that he will descend again, is kufr and that the one who subscribes to such a view is a kaafir. We have stated that the belief of Asad regarding lsaa (alayhis salaam) is “an act of kufr”. This in fact is so. The one who claims that it is not kufr should state his arguments on the basis of the Proofs of Shariah.
Asad’s commentary is not new to us. He has entertained such un-Islamic views in his commentary a number of years ago and the Raabitah also disassociated itself from Asad’s commentary. However, now concerted attempts are being made to promote the commentary of Asad extensively throughout the country. And, the sad facade to this un-Islamic effort is this Committee which although professing to be members of the Ahle Sunnah Wal Jamaa`ah. is actively engaged in the un-Islamic attempt to ground beliefs which the Ahle Sunnah Wal Jamaa`ah has branded as beliefs of kufr. If a decisive effort is not made to combat the evil which this Committee is striving to sow within the community of Islam in this country then we will be guilty of gross dereliction of sacred duty, viz, defending of the Beliefs propagated by Muhammadur Rasulullah (sallallahu alayhi wasallam).
Attempts are being made by the supporters of so-called “rationalism” to present Asad’s view on Isaa (alayhis salaam) as an authoritative opinion in Islam. Subtle attempts are made to water down the extreme importance of the Ahle Sunnah belief pertaining to Isaa (alayhis salaam). Muslims who lack solid Islamic knowledge are being misled and deceived into believing that there exist two official Islamic opinions on the question of Hadhrat lsaa’s life, supposed death and descent. But, this is not so. Islam admits of no contrary opinion on this score. The ruling of the Shariah on Hadhrat Isaa (alayhis salaam) being alive and his Nuzool is unambiguous, categoric and emphatic. The Shariah proclaims the contrary opinion, viz, that Hadhrat Isaa (alayhis salaam) died and will not descend, to be kufr. This is what the great authorities of the Ahle Sunnah Wal Jamaa`ah state. May Allah Ta`ala preserve the Imaan of Believers from the onslaughts of modernity.
Q: Someone told me that Imaam Maalik (rahmatullahi alayh) as well as Hadhrat Ibn Abbaas (radhiyallahu anhu) also hold the view that Nabi Isaa (alayhis salaam) died a physical death. Could you please explain?
A: The one who told you this has slandered these great and holy personages. Hadhrat lbn Abbaas (radhiyallahu anhu) and Imaam Maalik (rahmatullahi alayh) are at one with the entire Ahle Sunnah Wal Jamaa`ah in the irrefutable belief of Islam that Hadhrat Isaa (alayhis salaam) was raised bodily into heaven and is to this day alive. Dishonest persons have abortively attempted to fraud support for their beliefs of Kufr by alleging that Imaam Maalik and Ibn Abbaas support the opinion of Isaa’s death.
Q: It is said that sin causes a “black” mark to develop on the heart. What is the meaning of this “blackness” on the heart?
A: This “blackness” is a special form of darkness (Zulmat) which develops in a person as a consequence of sin, and not only sin, but also as a result of indulgence in futility. The “athr” or effect of this “zulmat” is the detraction from Ibadat and Obedience and “raghbat” (desire, inclination) towards sin and disobedience. Constant commission of sin accompanied by abstention from Taubah (Repentance) finally eclipses man’s natural propensity to withstand and detest evil. It finally smothers one’s conscience and causes one to plunge headlong into sin and vice without feeling any sense of shame. May Allah Ta`ala save all believers from this great spiritual disaster, Ameen.
Q: What is the difference between Shiah and Sunni?
A: Shiasm is a sect beyond the confines of the Able Sunnah Wal Jamaah. There are numerous differences between Shiah and Sunni Muslims. Certain groups among the Shiahs adhere to beliefs which are total kufr. Such groups adhering to the kufr beliefs are not even Muslims. Those among the Shiahs who do not subscribe to the kufr beliefs remain Muslims although deviated and on baatil.
(Chapter on Cleanliness)
Q: A woman suffered a miscarriage. What is the blood which starts to flow after a miscarriage called? Nifaas or Istihaazah?
A: If it is a mere lump of flesh – no human part or limb being discernible then the blood flowing after the miscarriage will not be Nifaas. If the blood which commenced after the miscarriage continues for at least three days, i.e. 72 hours (this is the minimum period of Haiz or menstruation), and this period of blood-flow was preceded by a complete Tuhr (a period of purity in which blood did not flow for at least fifteen days, i.e. days and nights) then the resultant blood will be Haiz. However, if the blood ceased within three days or if prior to the miscarriage a complete Tuhr did not pass, then the blood (which flowed after the miscarriage) will be known as lstihaazah.
It is not permissible to fast or perform Salaat during the states of Haiz and Nifaas. However, after attaining purity, ONLY the fasts will have to be fulfilled (made Qaza) and not the Salaat. During lstihaazah both fasting and Salaat will have to be observed. (Fatawa Imdadiyah).
Q: I have been told that it is Haraam to remove any hairs from the body when one is in need of a compulsory bath. Is this correct?
A: While one is in the state of janaabat (i.e. in need of a compulsory ghusal to attain purification) it is not permissible to remove any hair from the body.
Q: Is it permissible to make Masah on woollen or cotton socks?
A: Permissibility of “Masah alal Khuffain” (making the Masah on socks) on woollen and cotton socks is conditioned with the following four factors:
(a) The socks should be of such heavy and strong material that if one had to walk three miles in them (without shoes) they would not tear.
(b). The firmness of the sock should be such that it will remain firmly on the shin (foreleg) without tying it, i.e. it will not slip down when walking if it is not tied to the shin.
(c). Water will not be able to seep through.
(d). The thickness of the material is such that if the sock is held to the eye nothing will be visible through it.
If the woollen or cotton socks are of the kind as described above, Masah on them will be permissible otherwise not.
Q: A Molvi told me that the tooth brush is not the same as the miswaak, the tooth brush being inadequate to take the place of the miswaak as far as Thawaab is concerned. Is this right?
A: The tooth brush can never be an adequate substitute for the miswaak which is a very high and meritorious Sunnah of Rasulullah (sallallahu alayhi wasallam). During the time of Rasulullah (sallallahu alayhi wasallam) alternatives to the miswaak, for example, toothpowder, cloth, etc., existed and were in use, but despite this the Books of the Shariah state that in the presence of the miswaak a substitute is not Sunnah, i.e. if a miswaak is available, Thawaab (Reward) will not accrue to one by using a substitute like a tooth brush. We shall progress further and claim that a tooth brush is not an adequate substitute for the miswaak even medically.
Q: Are clothing cleaned by the dry-cleaning process Paak?
A: According to the Shariah impure garments (Napaak or Najis) are purified normally with water, but could be purified with any Taahir (pure) liquid. Hence, if impure clothing is washed with a pure (Taahir) chemical, such clothing will be purified. However, even if pure chemical solvents are used in the present day dry-cleaning processes, the garments will not be regarded as Paak (Taahir or pure) according to the Shariah because the liquid is used over and over again. The Shariah stipulates that the impure liquid (impure because of the impure garment washed in it) be squeezed out and discarded as waste. But this is not the case in the dry-cleaning business, the same impure (Najas) liquid is repeatedly used. Hence, garments “washed” in our present dry-cleaning setups will not be regarded as Paak in the Shariah.
According to the Shariah the garment impurified by solid najaasat (impurity), is to be washed to such an extent that all impression of the impurity is eliminated from the garment. The garment has to be thoroughly squeezed and all the impure liquid has to be discarded. If the garment is impurified by an impure liquid then the garment has to be washed and rinsed thrice, each time in fresh and pure liquid. The garment will be regarded as pure only after it has been washed and thoroughly rinsed the third time in pure (Taahir) water or liquid.
Q: Is it incumbent to take ghusal immediately after sexual intercourse?
A: It is not compulsory. However, it is better to do so.
Q: Is it allowed for women to remove the unwanted hairs (i.e. under the arms and below the naval) by means of a razor?
A: It is aulaa’ (preferable) to remove the unwanted hairs by some means other than shaving. However, it is permissible for women to remove the hairs by shaving.
Q: The parents of four males (aged 21, 20, 14 and 10 years) did not have their sons circumcised. What is the position of these men now? Are they recognized as Muslims? Is their Salaat, ghusal, etc. valid?
A: They are Muslims. The parents are guilty of a serious offence against the Shariah. It is essential that they arrange to be circumcised as soon as possible. It is compulsory for Muslim males to be circumcised. Their Salaat, etc. is valid.
Q: Will one’s clothes remain paak (pure) if animals brush against it?
A: If the animal’s body is dry the clothing will remain ‘paak’. If the animal’s body is moist the clothing will become napaak (impure).
Q: My wife’s haidh period started on the first night of our marriage. Will the waleemah feast given during her haidh be in order?
A: The haidh period does not affect the validity of the waleemah. The waleemah in this state is discharged.
Q: If one indulges in sexual intercourse more than once during the same night, is it necessary to take ghusl after each act of cohabitation?
A: No, it is not necessary, i.e. it is not compulsory.
Q: If liquor was drunk from a glass or mug, is it permissible to drink from it again?
A: Water will purify the utensil. After purifying the utensil its use is permissible. However, notwithstanding the permissibility, its use will be offensive to a Mu`min, just as the use of a glass in which urine was poured would be offensive even after it has been washed and purified.
Q: Najis (impure) water from sewerage pipes entered into a vegetable garden and remained there for several hours. Is it permissible to eat the vegetables of this garden?
A: It is permissible.
Q: When taking ghusal (obligatory), should the hairs be removed before or after ghusal?
A: It is not permissible to remove any hair or cut nails while one is in the state of janaabat (i.e. requiring an obligatory bath). The hairs are to be removed after attaining purity from the state of janaabat.
Q: Normally if one forgets to wash a Fardh part in ghusal but later remembers and washes it, his ghusal becomes complete. However, what is the maximum time allowed to pass for the later washing to be valid?
A: There is no maximum stipulated time. Whenever the omission is remembered, the washing will be valid.
Q: Is it compulsory to take ghusal immediately after having sexual intercourse?
A: It is not compulsory although it is meritorious to have ghusal immediately after relations so that one does not remain in a state of impurity.
Q: A few hours after sexual intercourse my wife’s haidh (menses) commenced. She did not yet take ghusal. Is it now still necessary upon her to take ghusal to obtain purification from the janaabat of sex?
A: Ghusal is not necessary upon her. She shall take ghusal after obtaining purification from haidh.
Q: A man experienced a wet dream, but emission of “mani” (sperm) did not take place. However, after awaking he went to urinate and just before the flow of urine a few drops of white fluid was emitted. Does ghusal become Waajib upon this person?
A: The white fluid which was emitted in this case is not “mani”, but is known as “mazi”. Ghusal is not compulsory in this case. However, it is preferable to take ghusal even if it is not compulsory.
Q: A woman’s monthly period exceeded ten days, but she has completely forgotten the number of days of her previous haidh periods. How many days shall she now regard as being haidh?
A: Regard ten days as haidh and the rest as Istihaadhah.
Q: My wife has a problem with her menstruation period. The date of her monthly periods is on the seventh of every month. But now on the seventh of every month the flow of blood is not regular merely a drop or two daily, continuing so for ten days. On the eleventh day the flow becomes normal for the next fifteen days. What is the position of her Namaaz and sexual relationship?
A: In this case since the flow of blood is more than ten days which is her limit for Haidh (menstruation), she has to consider her usual number of days as her Haidh period. For example if her monthly periods were five days, seven days, etc., then she will even now regard her Haidh to be the same number of days and the rest as lstihaadhah. lstihaadhah is blood flowing as a result of some ailment. lstihaadhah does not prevent the performance of Salaat, keeping of fast, and sexual intercourse. In the case of Istihaadhah, Wudhu must he made for each Salaat after the time for that Salaat enters.
In the case of your wife, her Haidh period shall be reckoned from the 7th of every month as in the past and it will he considered to last the same number of days as in the past. If her number of days in the past was for example, five days, then her Haidh period will cease on the 11th . And on the 11th , she shall take ghusal and start performing her Salaat. She must take fresh Wudhu then for every Salaat regardless of the flowing of the blood which is not Haidh, but lstihaadhah. Intercourse too is permissible after she has taken the ghusal of purification.
Q: If bleeding caused by tooth extraction endures for a period of time which lasts the entire duration of the Salaat time, how does one go about performing the Salaat? Does one wait for the bleeding to cease then make Wudu and perform the Salaat?
A: If the bleeding continues then delay the performance of the Salaat to just a few minutes before expiry if the time for that particular Salaat. Just a few minutes before the time for the Salaat ends, make Wudhu and perform the Salaat regardless of the bleeding.
Q: How often should the unwanted hairs (underarm and below navel) be removed according to the Shariah?
A: It is Sunnah to remove these hairs weekly on Fridays. But, it is not permissible to leave the hairs for more than forty days. If these hairs are not removed after forty days, one becomes a sinner. After removing the unwanted hairs, ghusal should he taken. N.B. It is not permissible to shave, cut or remove any hairs or nails from any place of the body while in the state of janaabat.
Q: Can a Muslim perform Salaat with dry-cleaned clothes?
A: Garments “cleaned” by means of the dry-cleaning processes in vogue today cannot be considered as “Paak” or purified as the same liquid is used over and over again to “wash” the garments. For purification of impure garments the Shariah stipulates that the impure fluid be squeezed out and discarded as waste. It is not permissible to re-use impure washing liquid to wash other garments. Muslims should, therefore refrain from having their garments dry-cleaned.
Q: The solution, perchloretacene is used for dry-cleaning. Is it considered paak (pure) or napaak (impure)?
A: We are not aware of the composition of this solvent. Whether it is pure or impure, we do not know. But regardless of it being pure or impure, garments being cleaned in this solvent will Islamically not be considered Taahir (pure) because in the dry-cleaning process the solvent is re-used several times. The liquid is not squeezed out and discarded after washing an impure garment.
Q: If a person is suffering from athlete’s feet and he applies medication after ghusal each morning, is it necessary for him or her to wash the feet for each Wudhu or can he/she just pass the wet fingers over the feet?
A: If one suffers from a wound, sore or ailment and medicine or ointment has been applied to the affected part it is not necessary to remove the medication. Water should be run over the medication. However, if running water over the medication is harmful then it is permissible to pass the moist hand over the affected part and, this is known as “Masah”. If even the Masah proves to be harmful for the affected part then one is allowed to leave alone that part, neither washing it nor making Masah. This is recorded in the Islamic books known as Muniyatul Musalli as well as Beheshti Zewar.
In your particular case, the rest of the foot besides the affected or ailing part will have to be washed during Wudhu.
Q: After having a swim in a swimming pool is it necessary for one to bath again?
A: The water in a swimming pool will be regarded as pure provided that Najaasat (impurity) has not overpowered the water, i.e. the effect of the impurity is noticeable. However, it is most unbecoming for a Muslim to utilize public swimming pools as these places according to Islam are places of immorality. Revealing and displaying one’s satar is a requirement of public swimming pools. Immoral intermingling of the sexes is another vile practice of the Kuffar prevalent at public swimming pools. A Muslim must not be diverted from his goal, viz, the Aakhirah, by the immoral “pleasures” and attractions of this world. The Holy Qur`aan says: “The life of this world is but play and amusement; And, the Life, Hereafter is best for those who fear (Allah).”
A Muslim’s eating and sleeping, work and play should all form part of a life of lbaadat pivoted to the Remembrance of Allah.
Q: Is Sunnat Ghusal or an ordinary bath allowed during the I`tikaaf of the last ten days of Ramadhaan?
A: Sunnat Ghusal or an ordinary bath is not permissible during the Ramadhaan I`tikaaf. Such ghusal will invalidate the Itikaaf. Only an obligatory ghusal is permissible during the I`tikaaf period.
Q: Is the waste (urine, excreta and vomit) of a breastfeeding baby napaak (najas)?
A: It is najas.
Q: How is it to recite Bismillaah in the beginning of a Fardh ghusl?
A: It is Sunnat to recite Bismillaah in the beginning of every ghusl.
Q: A woman after attaining the state of janaabat entered into her state of Haidh. How shall she make ghusl now? Should she make ghusl of Janaabat while she is still in her Haidh state?
A: There is no ghusl of janaabat on her. After attaining purity from Haidh she will take ghusl.
Q: I am a man who becomes sexually aroused very quickly. Whenever this happens some drops of a watery white fluid flow from me. Is ghusl Waajib upon me when this happens?
A: The white fluid preceding the emission of sperm at the time of reaching orgasm is known as mathi. It is not mani. The emission of mathi does not occasion ghusl. Hence, in your case ghusl is not Waajib in the instances mentioned by you. But, Wudhu will be nullified by the emission of mathi. It is necessary to wash the impurity.
(Chapter on Salaat)
Q: I have missed a great number of Salaats during my lifetime. The number of Qazaa Salaat on me is so great that I cannot remember how many Salaats I am liable for. What should I do in this case?
A: Estimate the number of Salaats you did not perform over the years. Ponder in this matter and make a note of the estimated number. Also make a note of the number of Qadhaa Salaats you are fulfilling and, when you are certain that you have fulfilled the estimated number, your obligation will be discharged. If your estimate is more than the actual number missed, it will be better since the extra Salaat will become Nafl. When making Qadhaa, you should make Niyyat, e.g. I am performing Qadhaa of Fajr or Zuhr etc. Remember to make Qadhaa of Witr Salaat as well.
Q: Should “reply” be given to the second Azaan of Jumuah Salaat?
A: Replying to the Azaan applies to only the first Azaan. When the Muazzin recites the second Azaan in front of the mimbar no reply should be given.
Q: Should “Bismillaahir Rahmaanir Raheem” be recited between Surah Fatiha and a Surah during Salaat?
A: It should he recited although it is not compulsory.
Q: Can Qadha Salaat be performed after Asr Salaat?
A: It is permissible to perform Qadha Salaat after Asr Salaat. However, it is not permissible to perform Sunnat or Nafl once the Asr Fardh has been performed.
Q: If the Fajr Jamaat has started should one perform the Fajr Sunnats first or join the Jamaat without performing the Sunnats?
A: Our Nabi (sallallahu alayhi wasallam) has placed much emphasis upon the two rakaats Sunnat of Fajr. As far as possible one should endeavour to execute the two Rakaats Sunnat of Fajr. If you are reasonably certain that you will obtain the Jamaat even though it be in Tashah-hud, then first perform the Sunnats, thereafter join the Jamaat. However, if by engaging in the Sunnats you will miss the Jamaat then join the Jamaat and make “Qadha” (fulfill) of the Sunnats after sunrise, but before Zawwaal (midday). It should be remembered that the “Qadha” of the Sunnats of Fajr is not compulsory.
Q: If the Imam in the Eid Salaat forgets to recite the additional Eid Takbeers or recites less than the stipulated number, shall the Salaat be rectified by the performance of Sajdah Sahw?
A: Sajdatus Sahw is not performed in Eid and Jumuah Salaats. Although errors committed as stated, as well as regards all the other Waajibaats of Salaat necessitate the performance of Sajdatus Sahw, the Shariah has ruled that Sajdatus Sahw be omitted from Eid and Jumuah Salaats. In case of omission of the Takbeers, the Imam should recite same silently in the Ruku. However, if he did not do so even in the Ruku, the Salaat will still be valid. (Shaami).
Q: It is the common practice in our Mosques to recite the Eid Takbeer in unison and loudly on Eid days. This practice is carried on until the commencement of the Salaat. What does the Shariah rule on this practice?
A: It is not permissible to do so. This practice is to be shunned. Neither Rasulullah (sallallahu alayhi wasallam) nor his Companions (radhiyallahu anhum) ever recited the Eid Takbeer in the manner or form practised by many Muslims nowadays. Rasulullah (sallallahu alayhi wasallam) ordered silence to be observed in the Musjid especially on Eid days prior to the Salaat. (Fatawa Darul Uloom).
Everyone should silently engage in some form of Zikrullah.
Q: Is it permissible to perform Tahyatul Musjid Salaat before the Eid Salaat has been performed?
A: It is not permissible to perform any Salaat (besides the Fajr of that particular day) before the Eid Salaat.
Q: Are women permitted to read Namaaz before the Azaan has been given? For example, Zohr Namaaz Jamaat is at 1.15 p.m., Zawwaal time at 12.14 p.m. Can Namaaz for ladies start at 12.30 p.m.? And, what is the procedure for Friday Zohr Namaaz — can it also be read the same time?
A: The Salaat (Namaaz) can be performed at any time once the time for the Salaat has entered. You may perform your Salaat even before the Azaan and before the time fixed for the Jamaat for men. The same applies on Fridays.
Q: Is it permissible to perform Sunnat Salaat while the Jumuah Khutbah is being recited?
A: When the Khutbah is being delivered it is not permissible to engage in Salaat or any other activity. It is Waajib to listen to the Khutbah.
Q: When the Khateeb, during the Friday Khutbah, recites the Durood upon our Nabi (sallallahu alayhi wasallam) shall the congregation recite the Durood as well?
A: The congregation should recite the Durood without any movement of the lips. While the Khutbah is being recited the Durood could be recited within the mind when the name of Rasulullah (sallallahu alayhi wasallam) is mentioned.
Q: When I entered the Musjid the Friday Khutbah was being recited. What should I do – perform my Sunnats or listen to the Khutbah?
A: Once the Khutbah has been commenced the Sunnats should not be performed. Listen to the Khutbah, and perform the Sunnats after the Fardh of Jumuah has been performed.
Q: During the pause between the two Friday Khutbas I raise my hands and make dua. A friend of mine says that I should not do so. Please advise me.
A: It is not permissible to do so. In the pause between the Jumuah Khutbas dua could be made, but without raising the hands and without any movement of the lips.
Q: During Ramadhaan, when should Fajr Namaz lawfully be situated relative to Sehri time?
A: Fajr Salaat commences immediately after cessation of Sehri time. Therefore, Fajr Salaat could be performed immediately after expiry of Sehri time.
Q: Is it permissible for a thirteen year old boy who has not yet attained buloogh (maturity) to lead Salaat? This boy is a good Hafiz and is well versed in the rules of Salaat.
A: It is not permitted to appoint a Naa-baaligh (one who has not reached maturity, in terms of the Shariah) to lead the Salaat nor is the performance of Salaat behind a Naa-baaligh permissible. Salaat led by a Naa-baaligh is not valid. (Fataawa Darul Uloom)
Q: If one enters the Musjid at a time when the Jamaat has already started, and there is no place in the Saff – what should one do? Stand alone in the middle or at the side?
A: The original Mas’alah or Rule is to draw one of the Muqtadis (congregants) from either the left or right side of the Saff (preferably the left side) and form a new Saff. However, nowadays, due to the colossal ignorance prevailing among Muslims regarding Islamic Knowledge, it is not advisable to draw anyone out of the Saff for he (due to ignorance) is liable to perpetrate an act which will nullify his Salaat. It is best to stand at the side, forming a ‘Saff’ alone. (Fataawa Darul Uloom)
Q: The Imam of a certain Musjid wears his trousers below his ankles and attends the cinema as well. Can we read our Namaaz behind him?
A: Wearing the trousers below the ankles and attending the cinema are kabeerah (great) sins. The perpetrator of kabeerah sins in public is described by the Shariah as a Faasiq, and it is Makrooh Tahrimi (which, in the technical language of the Fuqahaa means prohibited – forbidden) to appoint a Faasiq as the Imam. However, performance of Salaat behind a Faasiq is valid. A Muslim should not absent himself from Jamaat Salaat because the Imam happens to be a Faasiq. The sin falls upon those responsible for his appointment. Hadhrat Ibn Umar (radhiallahu anhu), one of the eminent Sahaba (radhiyallahu anhu), said that the sign of one who is a member of the Ahle Sunnah Wal Jamaah, is that he performs his Salaat behind an Imam regardless of whether he (the Imam) is a pious or an evil person.
Q: The Imam of our mosque allows his wife to go to the cinema and serve behind his shop counter thus encouraging her free association with males. What does Islam say about the Imaamat of such a person?
A: According to the Shariah, a man who permits his wife to talk and associate with males is called a Dayyooth which indeed is a very harsh term. Note that it was Rasulullah (sallallahu alayhi wasallam) himself, who coined this description for a man who permits his wife to be in association with males. The Imaamat of this Imam is forbidden, although the Salaat conducted by him is valid.
Q: According to the Hanafi Math-hab, Sajdah Sahw has to be made after making the Salaam whereas according to the Shafi Math-hab it is made before the Salaam. Now, if a Hanafi happens to be reading his Namaaz after a Shafi Imam, and the Shafi Imam makes Sajdah Sahw in accordance with his Math-hab, should the Hanafi follow the Imam in making the Sajdah Sahw before the Salaam?
A: The Hanafi Muqtadi should follow the Shafi Imam in this case. (Fataawa Darul Uloom).
Q: When should Qasar Salaat be performed?
A: A person undertaking a journey of forty eight miles (known in the terminology of the Shariah as three Manaazil) or more and having no intention of staying over for fifteen days or more at any point beyond such boundaries of his/her hometown is termed a Musaafir. Such a Musaafir qualifies for the concession of Qasr Salaat, i.e. instead of four rakaats Fardh, two rakaats will have to be performed. However, the concession does not apply to the three rakaats Fardh of Maghrib and the three rakaats Witr of Isha. These will have to be performed in full.
Q: Does the rule of Qasar apply to Sunnat and Nafl Salaat also?
A: Qasr is applicable to only Fardh Salaat. The Musaafir, if he/she performs the Sunnat and Nafl Salaat should do so in full. However, the Musaafir has the Islamic right to either perform the Sunnats or delete them. It is however meritorious to perform the Sunnats and Nafl Salaats whilst on the journey.
Q: Is it permissible to perform Salaat with shirt sleeves above the elbows?
A: It is of the respects of Salaat to have the elbows covered like the head is covered. To leave the elbows uncovered during Salaat is Makrooh Tanzihi which reduces the Thawaab of the Salaat. It must also be borne in mind that constant perpetration of a Makrooh Tanzihi act transforms it (Makrooh Tanzihi) into a Makrooh Tahrimi which is a reprehensible and forbidden act. For worldly occasions and gatherings people observe all types of manmade and un-Islamic rules, customs and etiquette, but for the holiest of holy and greatest of great occasion (i.e. Salaat) Muslims nowadays think nothing of discarding and ignoring the proper Islamic decorum and etiquette — the proper Sunnat etiquette which is so necessary for obtaining the Supreme Pleasure of Allah Azza Wa Jal.
Q: The Imaam terminated with Salaam the Maghrib Salaat after two rakaats instead of three. This was done, of course, erroneously. Immediately after making the Salaam one of the congregants said that only two rakaats were performed. This reminder confirmed the Imaam’s doubt and he immediately rose (the congregants rising with him), performed another rakaat and the Sajdah Sahw as well. Is the Salaat performed thus, in order?
A: Since the Imaam’s doubt was confirmed (by the reminder) the Salaat is in order and valid excepting the Salaat of the Muqtadi (congregant) who spoke. The Muqtadi who spoke will have to re-perform his Salaat since speech invalidates Salaat.
Q: Is it better to engage in Qazaa Salaat or Nafl Salaat?
A: Excluding the Sunnatul Muakkadah, Salaatud Dhuhaa, Ishraaq, SalaatutTasbeeh, Tahyatul Musjid, the four Nafl before Asr Salaat and such other Nafl Salaat expressly mentioned in the Ahadith, it is better to engage in Qazaa Salaat than Nafl Salaat.
Q: How is it to perform Nafl Namaaz in Jamaat?
A: With regard to the performance of Nafl Salaat in congregation the Ruling is that it is permissible if the congregants are only one or two. If the number of congregants is four then it will be Makrooh Tahrimi. Difference of opinion prevails among the Ulama if the number of congregants is three. Some say that it is permissible while others say that it is Makrooh. In this case it is best to abstain from performing Nafl by Jamaat. Allah knows best.
Q: I forgot to read a Surah in each of the first two rakaats of Zuhr Fardh. Is it permissible to add the omitted Surahs in the last two rakaats?
A: It is permissible to recite the omitted Surahs in the third and fourth rakaat. However whether the Surahs were recited in the third and fourth rakaat or not, Sajdah Sahw will have to be performed for the omission of the Surahs in the first and second rakaat.
Q: Should the Imaam stand inside or outside the Mihraab when leading the congregation?
A: The Imaam should be outside of the Mihraab. It is Makrooh for the lmaam to be inside the Mihraab in such a way that his feet as well are within the Mihraab. However, if his feet are not in the Mihraab it will not be Makrooh.
Q: When does a person become a Musaafir or a traveller according to the Shariat?
A: One who leaves his hometown to travel to a point at least forty eight miles away is termed a Musaafir. It must be remembered that to qualify as a Musaafir one must have the intention to travel to a distance of 48 miles or more. If one does not have the intention of going on a journey but wanders around, for example in search of a lost person or object, one will not be regarded as a Musaafir in terms of the Shariah no matter if one travels thousands of miles in this manner. If the Musaafir makes the intention of settling or staying over at any point on his route or journey for 15 days, he ceases to be a Musaafir in terms of the Shariah regardless of whether he fulfils his intention or not. When he ceases to be a Shar`i Musaafir he cannot avail of the Islamic concessions pertaining to certain acts of Ibaadat such as Salaat, Fasting, Jumuah, Zakaat, etc.
Q: Is it permissible to perform Salaat with the elbows uncovered (for males)?
A: The Salaat performed with the elbows open or uncovered will be valid, but deprived of some of the Thawaab because it is contrary to Rasulullah’s Sunnah to perform Salaat in this manner. It is Makruh Tanzihi (i.e. it is not sinful) to leave the elbows uncovered during Salaat occasionally and for good reason. But, repeated and perpetration of a Makruh Tanzihi act will transform it (the act) into a Makruh Tahrimi act, the perpetration of which is reprehensible and sinful. He who deliberately and wantonly disregards and refutes the Sunnah practices of Rasulullah (sallallahu alayhi wasallam) will be deprived of the Shafaat (Intercession) of Rasulullah (sallallahu alayhi wasallam) on the Day of Qiyaamah. No matter how small, how insignificant a practice of Rasulullah (sallallahu alayhi wasallam) may seem to the modern the western oriented mind it remains a PRACTICE of Rasulullah (sallallahu alayhi wasallam), a practice whose observance must be a source of pride and honour to all Muslims who claim to love Rasulullah (sallallahu alayhi wasallam).
Q: I am confused about the dua after the Janaazah prayer. Some say that there is no dua after the Janaazah prayer and some say there is. Please clarify.
A: The Janaazah Salaat in itself is a dua for the mayyit (deceased). It is not of Rasulullah’s and his Sahaabas practice to make another dua after the Janaazah Salaat. The dua which some people recite after termination of Janaazah Salaat is an innovatory practice contrary to the Sunnah of Rasulullah (sallallahu alayhi wasallam).
Q: A Masbooq (one who has missed a rakaat or more) joined the congregational prayer during Tashahhud, but the Imaam stood up before he (the Masbooq) could finish reciting Attahiyaat. What should he do in this case? Complete Attahiyaat or rise with the Imaam?
A: In the Kitaab, Raddul Mukhtaar it is stated that the Masbooq (in this case) must complete the recitation of Tashahhud, and then join the Imam.
Q: The Masbooq erroneously made the Salaams with the Imaam. What should he do? Does he have to make Sajdah Sahw?
A: Sajdah Sahw is made for this error. The Masbooq should rise immediately after he realises the error and complete his Salaat.
Q: I joined the Jamaat Namaaz after the Imaam made one Salaam. Is my Salaam correct?
A: Your joining the Jamaat after one Salaam is not valid. You will have to re-perform your Salaat afresh.
Q: Many people perform the two rakaats Nafl after the Witr in the sitting position. Is it Mustahab to perform these two rakaats sitting?
A: It is Afdhal (preferable and more meritorious) to perform all Nafl Salaat standing. The Thawaab (Reward) of Salaat performed sitting without a good reason is reduced by half. The two Rakaats after the Witr should therefore be performed standing.
Q: How long after the Azaan should the Maghrib Fardh commence?
A: Between the Azaan and the Iqaamat the duration of the interval should be at least so long that three verses could be recited. This is the minimum.
Q: Should women recite the Iqaamat for Fardh Salaat?
A: It is not permissible for women to recite the lqaamat.
Q: When the Muazzin delivers the Iqaamat shall everyone (Muqtadees and Imaam) reply?
A: The reply to the lqaamat is to be given by all; Imam, Muqtadi and those who happen to have completed their Salaat and are listening to the Iqaamat.
Q: When should the lmaam commence the Salaat, after the Iqaamat has been recited or after the recitation of “Qadqaama tis Salaat”?
A: It is of the Adaab (Respects) of Salaat for the lmaam to commence the Salaat after the Muezzin recites: “Qadqaamatis Salaat”. However, it is Afdhal (preferable and meritorious) to forgo the Adaab for a valid Shar`i (Islamic) reason and delay the commencement of time Salaat till after termination of the lqaamat. And, the VALID REASON (which technically is termed “Aaridh”) in this case being “COMMENCEMENT OF THE SALAAT TOGETHER WITH THE IMAAM”. With regard to the general public it could be said that it is Afdhal for the congregants to form the Sufoof (Rows) before commencement of the Iqaamat, and the basis for this claim will be the valid reason (Aaridh) of ‘Taswiyatus sufoof” or THE STRAIGHTENING OF THE ROWS which is a Sunnatul Muakkadah act. The laxity and negligence of the general public nowadays show that the straightening of the rows are not suitably effected if the Muqtadees commence their preparation for the Salaat upon the Muezzins recital of “Hayyaa alal Falaah”. There is therefore scope under these circumstances to omit the Adaab so that the Sunnatul Maukkadah could be well preserved. (Imdaadul Fataawa)
Q: If the signs of physical maturity are not discerned in a young person, when shall he be regarded as Baaligh or Mukallaf?
A: At the age of fifteen years.
Q: How is it to perform Salaat on a carpet made of velvet?
A: Because of difference of opinion in this matter it is stated in lmdaadul Fatawaa:
“It is permissible, but to abstain is better.”
Q: The lmaam in error, forgot to recite the Takbeer for the Ruku aloud. In other words, he went into Ruku without saying “Allahu Akbar” aloud. Is Sujood Sahw to be performed for such an error?
A: The reciting of the Takbeeraate lntiqaalaat (the Takbeers for changing from one position to another) aloud is Sunnat, hence Sajdah Sahw is not performed. Sajdah Sahw is only performed for errors of omission or commission concerning the Waajib acts of Salaat.
Q: During the Friday Khutbah when the Imaam recites the verse: “Innallaaha wa malaaikatahu . ..”, do we have to recite Durood Shareef audibly, silently or shall we not read at all?
A: It is not permissible to recite anything while the Khutbah is in progress. Durood could be read in the mind, i.e. without moving the lips.
Q: A small issue is bothering me the Dua after the Fardh Salaat. What is the proper method of reciting this Dua loudly or silently?
A: The Dua after the Fardh Salaat should be recited silently since ‘silent’ Dua is the practice of the Sunnah. The Qur`aan Shareef commands: “Call (Make Dua) unto your Rabb in humility and in silence.”
Q: During the Eid Salaat, the lmaam made an error which necessitated the rendering of Sajda Sahw, however, he did not make Sajdah Sahw. What is the correct thing to do?
A: Because of the large congregation present at Eid Salaat, the Shariah has waived the obligation of Sajdah Sahw if an error is made during the Eid Salaat. The Imaam was correct in not making Sajdah Sahw.
Q: Some people offer precautionary Zuhr Salaat after Jumuah Salaat. Is this correct?
A: If the conditions for the validity of Jumuah exist then there is no need to perform any ‘precautionary’ Zuhr Salaat. Once Jumuah Salaat has been discharged, the question of ‘precautionary’ Zuhr does not arise. On the other hand if the conditions for the validity of Jumuah are lacking then Jumuah Salaat will not be permissible. Zuhr will be necessarily offered where Jumuah Salaat is not valid.
Q: Is it essential for women to perform Jumuah Salaat?
A: The Shariah has exempted women from Jumuah Salaat. It is, therefore, not at all necessary for women to emerge from their homes to attend Jumuah Salaat which has not been ordained for them. They should concern themselves with the greater Thawaab of Zuhr Salaat performed at home.
Q: After discharging the Fardh Salaat, is it better to make the Sunnat and Nafl Salaat in the Musjid or at home?
A: It is permissible to perform the Sunnat and Nafl Salaat either in the Musjid or at home. Nowadays due to several discouraging factors it is best to perform it immediately after the Fardh in the Musjid.
Q: The number of Musallees in our Jamaat Khana is between fifteen and twenty-five. We all are Hanafis, but our Imaam is Shaafi. It is said that according to lmaam Shaafi (rahmatullahi alayh) a condition for the validity of Jumuah is the number of persons should be forty. Now what happens to our Jumuah Salaat and Khutbah in this case where the Imaam is a Shaafi, but leads the Jumuah Salaat and recites the Khutbah despite the number of Musallees being far less than forty?
A: The Jumuah obligation of the Hanafi Musallees is discharged since according to the Hanafi Madhab three Musallees will suffice for this purpose. However, the Jumuah of the Shaafi lmaam is not discharged. He being a member of the Shaafi Madh-hab should know better. To trifle with the Shariah is indeed most serious. This lmaam is most unreliable in leading the Jumuah Salaat and delivering the Jumuah khutbah when the compulsory conditions for the validity of the Jumuah according to his Madh-hab are lacking. This lmaam’s Jumuah is not valid, hence he will have to make Qadhaa of Zuhr for all Fridays which he has performed in this deficient manner.
Q: Is it permissible for the Imaam to deliver the Friday Khutbah without holding the stick (or whatever it is called)?
A: Yes it is permissible. In fact, under present conditions, (i.e. regarding it as being compulsory and part and parcel of the Khutbah), the Imaam should desist from taking the aswaa’ (the stick) when delivering the Khutbah. In cases where the taking of the aswaa’ is regarded as obligatory, the practice becomes a “bida” (innovation) which has to be necessarily shunned.
Q: If the Imaam’s Wudhu breaks while he is leading a large congregation, what should he do?
A: One who is an lmaam should firstly acquaint himself with the necessary Masaail pertaining to lmaamate. He should know what to do in such an exigency. In this case he shall have to appoint another in his stead and proceed to renew his Wudhu. As his Wudhu breaks, he shall draw a Musallee immediately behind him in his (lmaam’s) place. This new lmaam (the representative of the lmaam) shall continue with the Salaat from the point where the lmaam was forced to abdicate.
Q: Many Mosques have microphone systems installed. Will the Salaat be valid if the Musallees cannot hear the Qiraat, etc., clearly?
A: The Salaat is valid.
Q: Prior to the Friday Khutbah being delivered, a translation of the Khutbah is given. Is it compulsory to do so as has become the practice nowadays?
A: The translation has absolutely no connection with the Jumuah Khutbah. If it has become a compulsory practice to translate the Khutbah and in some places it has assumed an obligatory nature then it is necessary to desist from this practice. Where the translation is not regarded as part and parcel of the Jumuah lbaadat decreed by the Shariah, it will be permissible to translate the Khutbah. However, this should not be made a regular practice, for it will then develop into a “bida” (innovation).
Q: If I am not satisfied with the way in which the Imaam led the Fardh Salaat, should I repeat it alone?
A: If you are certain that the Imaam has deleted any Fardh or Waajib act, then you should repeat the Salaat, otherwise not.
Q: Should Tahajjud Salaat be read aloud or softly?
A: The Qiraat of Tahajjud Salaat may be read either “sirrun” (silently) or “jahrun” (audibly).
Q: If one does not know long Surahs by heart, is it permissible to recite several short Surahs during Tahajjud Salaat?
A: It is permissible.
Q: If four Rakaat Tahajjud is performed, should a different Surah be recited in each Rakat?
A: Tahajjud will be performed like all other Salaat. A different Surah in each Rakat.
Q: Is it permissible to join the Jamaat Salaat after the Imam has made one salaam?
A: It is not permissible.
Q: While performing Namaaz if one happens to cry aloud, does the Namaaz break?
A: If one cries in fear or love of Allah, the Salaat is valid. If it was for some other reason, e.g. sorrow or pain, etc., the Salaat will be nullified.
Q: Is it allowed to make any Namaaz between Sehri and Fajr Azaan?
A: Any Salaat could be performed until just before entry of Subh Saadiq which ushers in the time for Fajr Salaat. Once the time for Fajr Salaat commences, it is not permissible to perform any Nafl Salaat. Only the two Rakats Sunnat of Fajr as well as Qadhaa Salaat may be performed in this time, i.e. the entire duration of Fajr time.
Q: After the Fardh Salaat of Ishaa, the Taraaweeh Salaat normally commences after the Musallees have made their two Rakats Sunnat and two Rakats Nafl. Should the Taraaweeh commence even while some of the Musallees are still engaged in performing the Nafl Salaat?
A: Sufficient time to perform these four Rakats comfortably (i.e. without haste) should be allowed after the Fardh Salaat. Obviously latecomers who engage in Nafl Salaat before the Taraaweeh cannot be considered.
Q: Whose duty is it to see that the Safs (rows) are straight? Can the lmaam commence the Salaat while the Saffs are not straight and not yet filled up?
A: It is the duty of each and every Musallee to ensure that the Saf is straight and filled up. Each Musallee should see that he stands properly. The Imaam too has to see that the Saff is straight and formed properly. It is his duty to command the people to form the rows correctly. Rasulullah (sallallahu alayhi wasallam) laid stress on the correct Saff formation. The Imaam can commence the Salaat even though the Saffs have not yet been completed. The bad practice of delaying the Saff formation to the very last moment will compel the Imaam to commence the Salaat even before the Saffs have been formed. The Musallees must ensure that they commence the Salaat together with the Imaam. We observe that today people idle into the Saff even after the Salaat has commenced. The lmaam cannot he expected to wait for such negligent people who have no concern for the Salaat nor have any knowledge of the importance of commencing the Salaat together with the Imaam.
Q: Is it proper to make Salaam whilst the Azaan is being called?
A: It is improper to make Salaam while the Azaam is being called.
Q: Can one continue reading Qur`aan Shareef when the Azaan has commenced?
A: Yes, it is permissible.
Q: Is it proper to recite a short Surah in the first Rakat and a longer Surah in the second Rakat?
A: The correct method — the Sunnah method — is to recite a slightly longer Surah in the first Rakat than the second Rakat. The Qiraat of the second Rakat should not be longer than the Qiraat of the first Rakat.
Q: Is it of the peculiarities of Taraaweeh that this Salaat has to he completed in the shortest possible time and be performed as swiftly as possible? If not, then why is this a practice?
A: The correct procedure is to perform the Taraaweeh in the best possible method. The Taraaweeh should, in fact, be performed in the same manner and at the same pace as the daily Fardh Salaat. Skipping through the Taraaweeh is not a peculiarity of Taraaweeh. On one occasion Rasulullah (sallallahu alayhi wasallam) together with the Sahaabah performed Taraaweeh until one third of the night had passed. On another occasion it took Rasulullah (sallallahu alayhi wasallam) and the Sahaabah half the night to complete the Taraaweeh. And on a third occasion the Taraaweeh Salaat continued until just before entry of Fajr time.
Q: In Sajdah should the nose or forehead touch the ground first?
A: The nose.
Q: Please explain the method of calculating Zawwaal time.
A: (a) Find the number of hours from sunrise to sunset.
(b) Divide this number (of daylight hours) by two.
(c) Add the result to sunrise, and the answer will be Zawwaal time.
e.g. Sunrise 06:45 Sunset 18:05
Therefore number of hours from sunrise to sunset = 11 hours 20 minutes.
Divide 11 hours 20 minutes by 2 = 5 hours 40 minutes.
Add 5 hours 40 minutes to 6.45 am. (i.e. sunrise)
Zawwaal time = 12.25 p.m.
Q: The Imaam in Taraaweeh Salaat paused for a duration longer than three “Subhaanallah”, waiting for assistance. No Sajdah Sahw was made. Is the Namaaz valid?
A: The obligation has been discharged in an extremely poor manner. In this instance it was Waajib (compulsory) to have made the Sajdah Sahw, and if it was not made, then the Salaat had to be repeated.
Q: It is essential to recite at least one long Aayat or three short Aayaat in Namaaz? Please explain the length of the one Aayat.
A: One long Ayat: approximately the length of Surah Kauthar (i.e. “Innaa a’twainaa kal kauthar . .”).
Q: Today it is common that microphones are used to amplify the voice of the Imaam during Fardh Namaaz. What is the Shariah ruling on this?
A: It is not permissible.
Q: After the Fardh of Asr Salaat some Musallees leave the Musjid after reading Tasbeeh Faatimi and Dua by themselves. Is it Fardh or Sunnat to wait for the Imaam to make Dua after Asr Salaat?
A: It is neither Fardh nor Sunnat to wait for the Imaam to make the Dua.. One is at liberty to make one’s own Dua although it is more meritorious to make Dua in congregation.
Q: In Makkah Shareef and Madinah Tayyibah the Musallees read their Dua by themselves. After the Fardh Salaat the Imaam gets up. Is this correct?
A: The Imaam is at liberty to leave without making the Dua. It is not obligatory upon him to remain seated and make Dua with the Musallees.
Q: After qualifying, a doctor has to spend some time in a hospital as a Houseman. We are not permitted to leave the hospital during working hours unless we are able to arrange with a friend to stand in for us. Now, sometimes I am unable to find anyone to assist me so that I could attend Jumuah Salaat. What do I do? Read Zuhr?
A: It is essential that the Mu`min remembers at all times that the purpose of his appearance on earth is to render Ibaadat (worship and obedience to Allah), hence Allah Ta`ala states in the Qur`aan Shareef: “I have not created Jinn and Man, but that they worship Me.” Our primary duty therefore, is to obey and remember Allah Ta`ala. This transitory world is a mere testing ground. We have been despatched here not for enjoyment, not for attaining material and worldly perfection, although the attainment of such perfection and material progress is not unlawful provided that it does not conflict with the primary purpose for which Allah Ta`ala has created us. Since this ephemeral existence is merely one of the stations in life’s onward journey towards our final destination, viz. Jannat, it does not behove the Believer to resort to any practice or institution which would cause detriment to his life, Hereafter. In this worldly existence, the Muslim will ever be faced with a clash of loyalties and allegiances. It is at this juncture, then, that his lmaan comes into play. How will his lmaan react in the event of such a conflict? When a clash takes place between the demands of our material life and material progress on the one hand and the demands of the Deen on the other hand, then it is obligatory upon the Believer to cast aside all thoughts of material welfare and progress and accord preference to the demands of the Faith. If material considerations are accorded priority, the natural and sure consequence will be the weakening of lmaan. And, if this process of assigning priority to mundane matters is constant then the disaster in terms of spiritual wealth the capital of the Aakhirah will indeed be tremendous.
Keeping in view the purpose of man’s creation and the transitory nature of the material life and progress, you will find no difficulty in establishing what actually is the priority of the Believer. Regarding this perishable world, Allah Ta`ala states: “The life of this world is but play and amusement. But, the Abode of the Hereafter is best for those who fear Allah”.
Lauding praise upon the men of staunch lmaan, Allah Ta`ala says in the Qur`aan Shareef:
“(They are such) Men whom neither trade nor commerce divert from the Thikr (Remembrance) of Allah, from establishing Salaat and from paying the Zakaat. (For) they fear such a Day when the hearts and eyes (of men) will be up-turned.”
The entire spirit and command of Islam will not tolerate the neglect of Salaat for business reasons for material progress for safeguarding one’s employment. After lmaan, Salaat is the next most important. Hence, even if you cannot find a substitute at the time of Jumuah, you will be bound by the Law of Allah Ta`ala to go to Jumuah Salaat, regardless of the consequences to your job or your worldly profession. If the authorities in charge of the hospital cannot see their way clear to permitting you to attend Jumuah regularly, then it is necessary for you to explore alternate avenues of employment, for material loss and deficiency in worldly profession are bearable, but spiritual loss and the deprivation of Allah Ta`ala’s Pleasure are not bearable. Rizq (sustenance) is the sole prerogative of Allah Ta`ala. Therefore, never fear that you will he the loser if you execute your Islamic duties meticulously and fervently. Sure, tests and tribulations may ensue. It is of the “Sunnah” of Allah Ta`ala to test His servants. But, the result of steadfastness on the Deen is always success and prosperity.
On the other-hand, if a Muslim due to weakness of Imaan and want of Tawakkul (Trust in Allah) reverses his priorities and succumb to material dictates by abstaining from Jumuah Salaat. then he should at least perform his Zuhr Salaat although this will not compensate for the loss sustained due to abstention from Jumuah. May Allah Ta`ala strengthen all Muslim on the Path of Deen, Ameen.
Q: Is it permissible to perform Sajda Tilaawat after Asr Salaat?
A: After Asr Salaat, but before the sun’s rays become dull, it is permissible to perform Sajda Tilaawat, Salaatul Janaazah and Qadhaa Salaat. It is not permissible to perform these once the sun’s rays have lost their heat intensity. It is not permissible to perform Nafl Salaat after the Asr Fardh has been read.
Q: I joined the Jamaat Salaat during Qa`dah Ulaa. While reciting Tashahhud the Imaam arose. Shall I complete Tashahhud and then get up or follow the Imaam immediately?
A: You should complete the recitation of Tashahhud and then join the Imaam.
Q: Seeing that it is not permissible for a male to dye the hair or beard black, will it be permissible to perform Salaat behind an Imaam who does so?
A: The Mutawallees (Trustees) of the Musjid should not appoint a person who openly violates the Shariah, as the lmaam. However, if he happens to be Imaam your Salaat will be valid behind him.
Q: In some Musjids the Azaan is given inside the Musjid. What is the correct method?
A: It is Sunnat to call the Azaan from a raised place outside the confines of the Musjid proper (i.e. the Jamaat Khaana). The practice to recite the Azaan from inside the Musjid, is therefore, anti-Sunnah.
Q: Why is it not permissible to reply to the Azaan which is given before the Khuthah?
A: The Shariah has ruled that no reply should be given to the Azaan which is recited before Khutbah because Rasulullah (sallallahu alayhi wasallam) has commanded silence from the time the Imaam emerges.
Q: In the third Rakat of the Maghrib Fardh Salaat the Imaam forgot to sit in Attahiyaat. If he completes the fourth Rakat and then makes Sajdah Sahw, will the Salaat be correct? Describe the procedure to follow.
A: The Fardh of Maghrib has not been discharged in this manner. Sitting in Tashahhud in the last Rakat of every Fardh Salaat is compulsory (Fardh). Omission of a Fardh constituent of Salaat nullifies the Salaat.
If the lmaam forgets to sit in the third or final Rakat of a Fardh Salaat, the Muqtadees should remind him by exclaiming: “Subhaanallaah”. As long as he (the Imaam) did not complete the fourth Rakat, he should return to the sitting posture (Qa’dah), recite Tashahhud, make Sajdah Sahw and complete the Salaat. If, however, the error was detected only after completing the fourth Rakat, then Sajdah Sahw should he made and the Salaat completed as usual. In this case the four Rakats performed will become Nafl. The Fardh will have to be read again.
(N. B. The Rakat will be considered as completed when the head touches the ground for Sajdah).
Q: In the second Rakat of a four Rakat Fardh Salaat the Imaam forgot to sit in Tashahhud. If the Muqtadees remind him, should he sit down or proceed with the third Rakat?
A: If he is nearer to the position of sitting then he should sit in Tashahhud. If he is closer to the standing position (Qiyaam) he should continue with the third Rakat, and rectify the Salaat by performing Sajdah Sahw.
Q: Does one’s Namaaz break if the feet are lifted from the ground while making Sajdah?
A: If both feet are raised off the ground for the whole duration of the Sajdah then the Salaat will not be valid.
Q: Can a child who did not yet attain maturity call out the Azaan from the Musjid?
A: If the child understands the Azaan and knows how to recite it then he may perform this duty even if he has not yet attained maturity.
Q: Azaan for Maghrib Salaat was given one minute before sunset, but the Maghrib Salaat commenced after sunset. Is this Salaat correct seeing that its Azaan was given before its time?
A: The Azaan given before time is not valid, but the Salaat is in order.
Q: A group of Musaafirs (travellers) made their four Rakat Fardh Salaat in Jamaat. One of the travellers led the Salaat as Imaam and performed four Rakats instead of the Qasr two Rakats. Is the Salaat of these travellers in order?
A: If the Musaafir deliberately performed four Rakats instead of the Qasr two, he will have committed a sin. It is not permissible according to the Hanafi Math-hab for the Musaafir to perform four Rakats Fardh. However, despite the sin involved, the Fardh has been discharged.
If the Musaafir forgets to sit in Tashahhud after two Rakats and only after completing the third Rakat does it occur to him then he should make Sajda Sahw. The four Rakats thus performed become Nafl. The Fardh will have to be reread. If the Musaafir after sitting in Qa`dah after two Rakats completes another two Rakats in error then he should make Sajda Sahw. In this instance (i.e. where he did sit in Tashahhud) his Fardh is discharged.
Q: Some people have begun to perform two Jamaats for the Fardh Namaaz in our Mosque. After the official Jamaat has been completed another group which happened to come in late makes its Jamaat also in the Mosque. Is this permissible?
A: According to the Hanafi Math-hab it is not permissible to perform a second Jamaat inside the Musjid where Salaat is performed five times daily with congregation. If, however, Jamaat Salaat is not performed regularly in the Musjid, then it will be permissible to perform a second Jamaat.
Q: Is it compulsory to recite “Bismillaah” between Surah Fatihah and a Surah during Salaat?
A: It is Mustahab.
Q: If a woman is a Haafizul Quraan, can she recite Qiraat aloud during Taraaweeh Salaat if she performs her Salaat at home?
A: It is not permissible for her to recite Qiraat during Salaat aloud.
Q: Some people recite Qiraat during Salaat while the Imaam is reciting Qiraat. Is this permissible?
A: According to the Hanafi Math-hab it is not permissible to recite while the lmaam is reciting the Qiraat, and according to the Shaafi Madh-hab it is compulsory to recite Surah Fatihah during Salaat, even while the lmaam is reciting.
Q: During Salaat we recite “Aameen” at the end of Surah Faatihah. Is this Mustahab, Fardh or Sunnat?
A: It is Sunnatul Muakkadah. It is therefore essential to recite it. It should however, be said softly.
Q: If the Imaam of a Mosque indulges in un-Islamic activities publicly, will it be better if we perform our Namaaz with Jamaat at home rather than behind this Imaam in the Mosque?
A: It is “Afdhal” (better and more meritorious) to perform your Salaat in the Musjid even though the Imaam be a Faasiq. It is stated in the Hadith: “Perform Salaat behind every pious as well as evil person.” This means that the Salaat which is performed behind a Faasiq is discharged. However, the lmaamate of a Faasiq is Makrooh Tahrimi (which is a forbidden act). It is not permissible for the Mutawallees of the Musjid to appoint a Faasiq as the Imaam.
Q: Does one obtain the Thawaab of the Jamaat if one entered the Salaat after the Imaam made the first Salaam, but before completion of the second Salaam? Will it be considered that this Musallee has joined the Jamaat?
A: The Sawaab of the Jamaat is not obtained in this case. The Jamaat will be considered as terminated after the first Salaam. The Musallee in this case has not joined the Jamaat.
Q: If there is only one boy present, shall he stand alone during the congregational Salaat or shall he stand in the Saff (row) of the men?
A: He shall stand in the Saff of the men.
Q: I joined the congregational Salaat in the third Rakat, and after the lmaam made Salaam I continued to fulfil my missed Rakats. While doing so someone entered and joined me in the Salaat, i.e. he regarded me as his Imaam and performed his four Rakats in this manner. After I made the Salaam, he got up and completed his four Rakats. Is his Salaat performed in this manner proper?
A: His Salaat is not proper. He will have to perform his Salaat again. It is not permissible to make “lqtidaa” (to follow) a “Masbooq” (one who has missed some Raka’ts of the Jamaat Salaat by joining the Jamaat after it has already commenced.).
Q: What do you think about those who perform Namaaz without a fez?
A: It is contrary to the Sunnah of Rasulullah (sallallahu alayhi wasallam) to perform Salaat bare-headed. Those who deliberately bare their heads during Salaat and opt for discarding this Sunnah practice are guilty of the capital crime of murdering a Sunnat of Rasulullah (sallallahu alayhi wasallam). It has been a regular practice of the Ummat for the past fourteen centuries to cover their heads when in Salaat. But, alas! nowadays a group of modernists Muslims who have drifted far, far from the Truth, is attempting to scuttle those very Sunnat practices which were handed down to the Ummah by the great Sahaabah of Rasulullah (sallallahu alayhi wasallam).
Q: I follow the Shaafi Madh-hab. In the Musjid the congregational Salaat commences fifteen minutes after the Azaan has been given. I live far from the Musjid. I would like to know if I have to wait also for fifteen minutes to pass before I perform my Fardh Salaat which I perform at home due to living far from the Musjid? Or can I perform the Fardh Salaat immediately after the Sunnat Salaat?
A: You may commence your Fardh Salaat immediately after your Sunnats. There is no need to wait for fifteen minutes to pass.
Q: A person is offering Fajr, Maghrib, Ishaa, Zuhr or Asr Salaat alone when someone enters. What should the newcomer do if he wishes to join the person who is engaged in Salaat? And, if the newcomer joins the Salaat, what should the first Musallee do?
A: The newcomer should stand slightly behind the Musallee on the right side. The first Musallee now becomes the lmaam. The second Musallee when joining the first Musallee shall make niyyat: “I am performing Salaat behind this Imaam.” The first Musallee (the Imaam) has a choice of either making niyyat during his Salaat (i.e. merely intending without reciting any niyyat formula): “I am now becoming Imaam”, or of proceeding with his Salaat as if he is performing alone. In the first case (viz, after making niyyat that he has now become the Imaam) he shall immediately recite Qiraat aloud if the Salaat happens to be Fajr, Maghrib or Ishaa. He will not recommence the Qiraat, but will merely recite aloud from the point where the second Musallee joined the Salaat. If the Salaat is Zuhr or Asr, then of course, the Qiraat will proceed silently.
In the second case (viz. he did not intend becoming the Imaam), he (the first Musallee) shall merely proceed with his Salaat as if he is a Munfarid (performing alone), and the Salaat of the Muqtadi (the second Musallee) will also be proper in this case notwithstanding the fact that the first Musallee did not form a niyyat of Imaamate.
Q: Should the Muqtadees (congregants) folow the Imaam if he makes an error during the Salaat even though he does not act correctly after being given “luqmah” (reminded by the exclamation, “Subhaanahlah”)?
A: Following the Imaam is conditional for the validity of the Jamaat Salaat. The Muqtadees should continue following the Imaam although he did not accept their rectification. It is quite possible that the Imaam is correct or he genuinely believes that he is correct and those who rectify him are incorrect. However, if after completing the Salaat, the matter could not be resolved to the satisfaction of any Muqtadee then he (the Muqtadee in question), if certain that some Fardh or Waajib act was omitted, should repeat the Salaat.
Q: There was only one Muqtadee when the Salaat began and he stood on the right side of the Imaam. After commencement of the Salaat more persons entered. What is the procedure should they wish to join the Jamaat?
A: The first Muqtadee should move back so that a row (saff) of Muqtadees is formed behind the Imaam. If he does not move back then those who are joining the Salaat should gently draw him back into a saff behind the Imaam. However, nowadays in view of the gross lack of Islamic knowledge, it is adviseable that the lmaam himself should rather step forward.
Q: In our community we have two persons whom we consider fit to lead the prayers. The one has no beard and recites the Qur`aan without Tajweed. This person is the Imaam presently. He is also anti-Sunnah. The other person has a beard, but recites the Qur`aan also without Tajweed. He tries to observe the Sunnah practices. Who is more befitting to be the Imaam?
A: The choice is obviously in favour of the one who endeavours to uphold the Sunnah since he is far superior to the one who rejects the Sunnah.
Q: Is it permissible to perform Salaat with short-sleeved shirts and sweaters?
A: To perform Salaat with the elbows uncovered and with only sweaters is most disrespectful. To make a habit of this practice is Makrooh Tahrimi which is an act which is forbidden. Salaat demands utmost of humility, dignity, respect and reverence.
Q: During the Isha Namaaz our lmaam Saheb read Surah Bayyinah, and the word “ba-ri-ya” was incorrectly read. Instead of “ba-ri-ya”, the Imaam joined the Raa with the Yaa. No one corrected the lmaam during the Salaat. Do we have to repeat our Salaat?
A: From your explanation it seems that the Imaam is correct and you are wrong. The word is in fact ‘bariy-yah”.
The Yaa is Mushaddad necessitating the joining of the Raa with the Yaa. The word is, therefore not “ba-ri-ya”, but “bariy-yah”. And, even if the Imaam did recite this word incorrectly then too the Salaat is valid. There is no need for repeating the Salaat.
Q: I did not perform Namaaz nor kept fast for many years. I now intend to make Qadhaa of these. I cannot remember from what age I attained maturity. Therefore, from what age should I commence my Qadhaa? What is the correct procedure for observing Qadhaa?
A: From the age of fifteen years. The Shariah has not fixed any time for executing Qadhaa Salaat. The Qadhaa Salaat could be performed at all times besides the Makrooh (forbidden) times. The correct procedure is to stipulate in the Niyyat (intention) the exact date of the particular Salaat which was missed. However, if this is not known then the procedure to adopt is to make Niyyat or intend: “Of all the Fajr Qadhaa upon me I am reading the FIRST Fajr Qadhaa.”
For each Qadhaa Salaat you make a similar Niyyat, i.e. if you are performing Zuhr Qadhaa, then make Niyyat as follows: “Of all the Zuhr Qadhaa upon me I am reading the FIRST Zuhr Qadhaa.”
If Asr, then mentioned Asr and so on. Since you have missed Salaat for a number of years, it is best that you maintain a written record of the Qadhaa you are executing. Firstly fix the number of years you feel that you did not perform Salaat. If for example you feel reasonably certain that you are liable for ten years Salaat, then accept this figure. Now perform your Qadhaa in the daily order, i.e. Fajr, Zuhr, Asr, Maghrib and Ishaa. Please note that it is not compulsory to maintain this order when executing your Qadhaa. However, we feel that it will facilitate the execution of your Qadhaa in a smooth way. It is also preferable to read several Qadhaa Salaat at a time so that you may discharge this obligation as quick as possible. Read Qadhaa in the order we have suggested and jot down the Qadhaa Salaats thus offered. After performing the first FIVE Qadhaa, your record book should show ONE DAY discharged. Record the days thus discharged. Continue in this manner until you have discharged the Qadhaa for all the years missed. And remember, that when offering Qadhaa make the Niyyat always the same as explained above, i.e. stating that you are reading the FIRST Qadhaa of Fajr, Zuhr or Asr or whatever the case may be. The reason for the stipulation of the word, FIRST, is the fact that the Qadhaa you are reading is the FIRST of the remainder of Qadhaa for which you are liable.
Regarding the Fardh fasts missed, the procedure is merely to fast an equal number of days missed. Fast as many days per week or per month as possible: When making Qadhaa fast it is essential that you formulate your Niyyat during the night, i.e. before the rise of Subhe Saadiq. If you make Niyyat for Qadhaa fasts in the morning, the Qadhaa will not be valid. It is also necessary to state the YEAR of Qadhaa in your Niyyat. For example: It is now 1398 (Islamic year). If you have missed the Ramadhaan fasts for the past ten years then when making Qadhaa you must intend: “I am making Qadhaa of the fast of Ramadhaan of the year 1388.”
After completing the Qadhaa of 1388, you will start the Qadhaa of 1389 and so on until all Qadhaa have been executed. May Allah Ta’ala grant you the taufeeq, strength and health to successfully discharge this very important obligation, Ameen.
Q: What is the Masnoon method (for the Imaam) of reading dua after Fardh Namaaz? Should this be read audibly for the followers to hear or inaudibly?
A: The Sunnah method, the method adhered to by the Sahaabah as taught to them by Rasulullah (sallallaahu alayhi wasallam) is to read the dua after the Fardh Salaat as well as when making dua individually, silently. This goes for greater sincerity and at the same time allows everyone to make dua according to one’s desire and wish. All Math-habs, Hanafi, Shaafi, Maaliki and Hambali decree that the Sunnah way of making dua is to make it silently. And, this is precisely what the Qur`aan Shareef commands. Says the Qur`aan:
“And make Dua (call) your Rabb in humility and SILENTLY.”
The Qur`aanic word used here is “khufyatan” which means “in silence” or “inaudibly”, i.e. not loudly.
Q: A Muslim brother lives about seven miles from the Musjid. Is Jumuah Namaaz Fardh upon him? Does he have to go to the Musjid and read his Namaaz (Jumuah Namaaz) in Jamaat?
A: Jumuah Salaat is compulsory upon all able-bodied Muslim males living in a city or town. Jumuah is not performed in small villages. If this Muslim brother lives in a town or city where Jumuah is being performed then it is compulsory for him to travel the seven miles to the Musjid and discharge his Jumuah obligation.
Q: I have the habit of closing my eyes while performing Namaaz for better concentration. Is this correct?
A: While performing Salaat the eyes should not be closed even if the purpose is for better concentration.
Q: On Fridays one person reads the Jumuah Khutbah and another the Salaat. Is this permissible?
A: Yes it is permissible although it is preferable that the same person performs both duties.
Q: On Fridays when the Khateeb is reciting the Khutbah some people recite Durood Shareef audibly when the Aayat: “Innallaaha Wa malaaikatahu yusalloona alan Nabi…”, is read. Is this correct?
A: While the Khutbah is in process it is not permissible to recite anything. It is not permissible to recite Durood Shareef or anything else when the Khateeb recites the aforementioned verse of the Qur`aan Shareef. During the Khutbah when the name of Rasulullah (sallallahu alayhi wasallam) is mentioned, Durood should be “recited” in one’s mind i.e. the tongue must not be moved.
Q: In some places the Muazzin when about to commence the Iqaamat, recites Durood Shareef aloud is this in order?
A: It is Mustahab (preferable and meritorious) to recite Durood, but SILENTLY at the time of Iqaamat. Reciting it aloud at the time of Iqaamat is not a Sunnah practice.
Q: When does trade become unlawful on Fridays with the first Azaan or the second Azaan?
A: With the commencement of the first Azaan.
Q: If both feet are lifted off the ground during Sajdah, is the Namaaz invalidated?
A: If both feet are raised completely off the ground throughout the duration of the Sajdah then only will the Salaat be invalidated. It is improper to lift the feet off the ground during Sajdah, however, the Salaat is not negated if during the Sajdah the feet are replaced on to the ground.
Q: When does the time for Fajr Salaat commence? Please state in hours.
A: Approximately one and a half hours before sunrise.
Q: Is it Sunnah to make dua with the lmaam after Fardh Salaat?
A: Yes, it is Sunnah.
Q: What was the practice of Rasulullah (sallallahu alayhi wasahlam) after the completion of Fardh Salaat? Did he sit after the Fardh SaIaat and make Zikr?
A: It was the practice of Rasulullah (sallallahu alayhi wasalharn) and of his Sahaabah to raise their hands after the Fardh Salaat and make Dua, and at the end of the Salaat to recite 33 times Subhaanallaah; 33 times Alhamdulillaah and 34 times Allaahu Akhar.
Q: During the month of Ramadhaan, the Imaam read in the Witr Namaaz three times Qulhuwallah in the first Rakat; twice Qulhuwallah in the second Rakat, and once Qulhuwallah in the third Rakat. Is this method correct? If not, do we have to repeat our Namaaz which the lmaam read all along in this manner? Please explain the correct procedure.
A: It is improper to fix any particular Surah for a Salaat. Stipulation of any particular Surah or any particular method not countenanced by the Sunnah of Rasulullah (sallallahu alayhi wasallam) is Makrooh Tahrimi which is a forbidden act. In doing so, one exceeds the bounds of the Shariah. It is necessary for this Imaam to desist from this practice. However, the Salaat has been discharged and there is no need to repeat it. The correct manner is to recite any Surah of the Holy Qur`aan as is the method with the other Salaat.
Q: During the Witr Namaaz the Imaam forgets to recite Dua Qunoot and goes into Ruku. The Muqtadees remind him by saying “Subhaanallah”. Should the lmaam proceed or stand up again and recite the Qunoot?
A: The Imaam should proceed and make Sajda Sahw. He should not return from the Ruku to recite the Qunoot.
Q: Can one perform any Nafl or Tahajjud Namaaz if one has any Qadhaa Namaaz to be performed?
A: It is permissible to perform Tahajjud and Nafl Salaat even if one has Qadhaa Salaat to be performed. Even if one has Qadhaa Salaat, Tahajjud as well as the other Sunnat Salaat should not he unnecessarily omitted. However, instead of Nafl Salaat, one should rather concentrate on discharging the Qadhaa Salaat. This does not mean that Nafl cannot he performed.
Q: Could Tahajjud and Nafl Salaat be performed by one who is not regular at his daily Salaat?
A: Yes, it is permissible to perform Tahajjud and Nafl Salaat even if one is not regular at the daily Fardh Salaat. But, it must be borne in mind that to neglect the Fardh Salaat is a crime and a sin of great magnitude.
Q: In the Zuhr and Asr Namaaz do we have to recite behind the Imaam or remain silent?
A: According to the Hanafi Math-hab it is not permissible to recite (Qiraat) when the lmaam is leading the Salaat. This applies to every Salaat. And, according to the Shaafi Math-hab it is compulsory for the Muqtadees to recite Surah Faatihah. This applies not only to Asr and Zuhr, but to all the other Salaaat as well.
Q: In the Jamaat Khana where I am performing my Namaaz some people bring along little children who create a nuisance. The children destroy our concentration by running around and passing in front of the Musallees. We have spoken several times to those concerned but to no avail. Does the Salaat remain valid if the children pass by in front of us? I am deciding to stay away from the Jamaat Khana because of the disruption to my Namaaz caused by the commotions of these children, and perform my Namaaz at home. Please advise.
A: It is improper for people to bring little children to the Mosques. In the Books of Islamic Law it is recorded that it is Makrooh to bring small children to the Musjid. However, it will be a greater wrong to abstain from performing your Salaat in Jamaat at the Jamaat Khaana. Try to speak again with the parents concerned and should they remain adamant, bear the nuisance with patience. Do not deprive yourself of the great Thawaab of Jamaat Salaat. Furthermore, it is Sunnatul Muakkadah (which is akin to Waajib) to perform the Fardh Salaat in Jamaat. Your Salaat is not invalidated by the movement of anyone in front of you although it is a grave sin to pass in front of the Musalli.
Q: Recently Dr. Rushduddin of the United States said that it is permissible for women to come to Mosques, yet the Ulama claim that it is not permissible.
A: Dr Rushduddin is no authority on the Shariah. He is not qualified to pass a judgement or to venture an opinion on matters decided by the Sahaabah and the Fuqahaa. The Law of Islam decrees that it is not permissible for women to go to Mosques. Rasulullah (sallallahu alayhi wasallam) emphasised the great importance and the great merit of women’s Salaat in their homes. Rushduddin and the MYM can encourage women to the Mosque, but you should remember that Rasulullah (sallallahu alayhi wasallam) and his noble Companions and the entire Ummah of Islam has throughout the centuries vehemently discouraged women from attending Mosques.
Q: I am studying at a place situated more than 48 miles from home. Once a month I visit home and stay there (at home) less than fifteen days. Please advise me when I should read Qasar Salaat.
A: Regardless of how long you intend to stay when returning home, you will have to perform your Salaat in full when arriving in your home town. Qasar cannot be performed at home even if you intend to stay less than fifteen days. At the place of your study if you intend to stay for fifteen days or more then too you shall have to perform the Salaat in full and not Qasar.
Q: Is it Bid’at to lift the hands for dua after Salaat? Please explain.
A: It is not Bid’at, but, in fact it is SUNNAT to lift the hands in dua after Salaat. This was the practice of Rasulullah (sallallahu alayhi wasallam) and his noble Ashaab.
Q: Should the Takbirs and the Salaam be recited with the Imaam or after the Imaam has recited?
A: Recite these together with the Imaam.
Q: Due to circumstances I could not perform my Asr Namaaz on time. After taking Wudhu at the Mosque I still had five to seven minutes left for Maghrib Azaan. May I perform my Asr Namaaz or not? Please enlighten me as to the ruling of the Shariat. Jazakumullah.
A: Although it is Makrooh Tahrimi (which is a forbidden Act) to delay the Asr Salaat for so long, nevertheless you can and have to perform the Asr Salaat in the few minutes available to you before the Maghrib Azaan. When there is only a few minutes left for Maghrib then perform only the four Rakaats Fardh of Asr and omit the Sunnats.
Q: A woman enters her monthly Haiz period when the time for a particular Salaat has not yet expired. For example, she entered her period during the time of Zuhr, and although she had ample time to perform the Zuhr Salaat before becoming impure, she did not do so. Does she have to offer Qadha of this Zuhr Salaat upon attaining purification?
A: There is no Qadha upon her in this case. The Salaat in question is waived.
Q: I have returned home from a journey. I am sad to say that while on the journey I missed several Salaats due to negligence. Now, at home do I, when making Qadha, read two Rakaats or four?
A: When making Qadha of Salaats missed whilst being a Musaafir (traveller) two Rakaats will be offered instead of the prescribed four. And, remember to make Istighfaar and repent in abundance because neglect of Salaat due to no valid reason is indeed a most heinous crime in Islam. After Imaan, there is no greater duty than the performance of Salaat.
Q: When performing Salaat alone, it is necessary to call out the Athaan and the Iqaamah?
A: If the Athaan and the lqaamat have already been called in the Musjid of the neighbourhood then it will be Mustahab (preferable and meritorious) for the individual who performs his Salaat at home to call the Athaan and the Iqaamat. However, if there is no Musjid in the neighbourhood or the Azaan was not given then it will be Sunnatul Muakkadah (a Sunnat which has necessarily to be observed) for the individual to recite the Athaan and the lqaamat. The question of Athaan and Iqaamat is applicable to only males and not women.
Q: A friend of mine says that the practice of Athaan is not a Sunnah practice.
A: Your friend has erred grievously in holding this opinion. The importance and Sunnah position of the Athaan is established by both the Holy Qur`aan and the Ahaadith. In the Islamic Book of Law, Sharhut Tanweer it is recorded: “Azaan is SUNNATUL MUAKKADAH for men for the five Salaats, and has to be called from a high place in their stipulated times, and even if it be for Qadhaa Salaat.”
Q: Does a woman have to perform Qadhaa of the Salaat missed during her states of Haidh and Nifaas.
A: No. She does not have to make Qadhaa of the Salaat missed during her states of Haidh and Nifaas. She is absolved of it.
Q: If a person did not perform the Salaat of a part of the day, e.g. he did not perform Fajr, Zuhr and Asr, how should he go about performing the Qadhaa of these prayers just before Maghrib?
A: If the person in question is SAAHIBUT TARTEEB he must firstly perform Qadhaa of his missed Salaats, and the Qadhaa will have to be made in order, i.e. he must first perform Fajr, then Zuhr and then Asr. After execution of the missed Salaats, Maghrib must be performed. However, if the time remaining for Maghrib Salaat (not the Maghrib Jamaat) is so less that if he engages in the execution of the Qadhaa Salaat, his Maghrib Salaat will also become Qadhaa, then in such a case he should first perform the Maghrib Salaat and then engage in performing the Qadhaa Salaat.
On the other hand, if the person is not SAAHIBUT TARTEEB, he may firstly perform his Maghrib and then his Qadhaa. And, when performing Qadhaa, the non-Saahibut Tarteeb is not bound to fulfill his Qadhaa in sequence, i.e. in the order, Fajr, Zuhr, Asr, Maghrib and lshaa.
N. B. SAAH1BUT TARTEEB refers to a person who is not liable for more than five Salaats. All past Salaats have already been fulfilled by him/her and the Qadhaa Salaats amount to not more than five. Once one is liable for six or more Qadhaa Salaats, one ceases to be SAAHIBUT TARTEEB.
Q: Can a person perform any Nafl or Qadhaa Salaat between Fajr and Zuhr prayers?
A: Yes, but no Salaat should be performed while the sun is rising and for about fifteen minutes after sunrise, and at the time of Zawwaal (i.e. when the sun is directly overhead, when it is in the meridian).
Q: I am in the habit of reciting silently while performing Salaat behind the Imaam, especially Zuhr and Asr Salaat. Is this objectionable according to the Hanafi School of Thought?
A: According to the Hanafi School of Thought it is not permissible to recite any Qiraat behind the Imaam in the first two Rakaats of Fardh Salaat.
Q: If there is place in the first Saff (row of Musallees), how is it to stand in a second Saff?
A: To stand in or form a second Saff when place is available in the first Saff is Makrooh and forbidden. (Shami).
Q: I am a Hanafi and attend a Musjid where most of the musallis are Shaafi. In Maghrib Salaat the Imaam completes the Salaam even before I can recite Durood lbraaheem. Upon asking the Imaam about this, he said that Durood lbraaheem is only Sunnat. Please clarify.
A: Whether Hanafi or Shaafi, the Shariah commands that Durood Ibraaheem be recited in the final sitting (Qa`dah Akheerah). It is Sunnah to recite the full Durood in the last sitting whether Hanafi or Shaafi. In fact, it is of greater importance for the Shaafi to recite it in full since Durood is a rukn (a fundamental) of Salaat according to the Shaafi Math-hab. The extent of Durood which is of the rukn nature according to the Shaafi Mathhab is: “Allaahumma Salli alaa Muhammadin”.
This extent of Durood is Waajib (compulsory) upon the Shaafi Musalli. If he deliberately omits it, his Salaat becomes baatil. If in error, the Durood is omitted, the Shaafi will have to make Sajdah Sahw. If he makes a habit of omitting the complete Sunnah method of Durood in Salaat, he becomes sinful for deliberately violating the Sunnah method of performing Salaat.
The notion that it could be omitted because it is “only” Sunnat is devilish and in Shariah such omission based on neglect is termed istikhfaaf, and such istikhfaaf is kufr for it makes a mockery of the teachings of Islam. It is, therefore, essential that this Imaam rectify his manner of performing the Salaat.
As far as the Hanafi is concerned the Salaat will be discharged, albeit imperfectly, as long as Attahiyaat was recited in full.
Q: The Musjid where I perform Salaat has no regular Imaam. At Zuhr the Athaan was made. After Athaan we made our Sunnah Salaat and then the Iqaamat was called out. The man who is supposed to be the Imaam comes forward and says: “Why don’t you wait?” Should the Iqaamat be made again?
A: If the wait was a considerable time then the Iqaamat should have been repeated. If after the Iqaamat the Imaam engaged in his Sunnah Salaat, then such waiting will not be regarded as considerable. In this case the Iqaamat does not have to be repeated. If after Iqaamat the waiting was occasioned by some activity other than Salaat (i.e. acts which ordinarily invalidate the Salaat) then the Iqaamat will be repeated.
Q: Where should the Eid Gah be established and what is the Shariah’s order concerning it?
A: To perform the Eid Salaat in the Eid Gah is Sunnatul Muakkadah i.e. the Eid Gah (or to arrange for the Salaat to be performed in the Eid Gah) is Sunnatul Muakkadah not the Eid Salaat. The Eid Salaat is Waajib. If the Eid Salaat is performed unnecessarily in the Musjid no effort having being made for an Eid Gah it is sinful since a Sunnatul Muakkadah practice is being abstained from. In regard to Sunnatul Muakkadah practices, the ruling of the Shariah is that those who disregard such practices without valid reason are described as fussaaq (flagrant violators of the Shariah). Such violation is sinful. The Eid Gah should be on the outskirts of the town, but within the town limits. It should be in an open field.
Q: Is it correct to read a summary of the Qur`aan before Taraaweeh?
A: If such reading and such summaries are the act and work of unqualified persons then it will not be correct. If the summary is the work of non-Ulama, then the Musallis should not sit and listen to the reading, for those unqualified in Islamic knowledge are in deception and by means of their deception they deviate others from the Haqq.
Q: When a Mosque is full, can Salaat be performed in a building near to the Mosque? The building is under a different roof but the Imaam’s voice can be heard over the public address system?
A: If the sufoof (rows of Musallis) in the Musjid link on to the adjoining or nearby building then the Salaat of those in the building will be valid. But, if the rows in the Musjid are separated from rows in the nearby building by a space occupied by two saffs (rows), then the Salaat of those in the building will not be valid behind the Imaam conducting from the Musjid.
Q: I enter the Musjid and find the Jamaat in progress in the first rakaat. As I join the Salaat, the Jamaat goes into Ruku. What should I do In this case?
A: Recite Takbeer Tahrimah, raise the hands and go into Ruku. If the Jamaat was obtained while still in Ruku then the rakaat has been obtained. While going into Ruku recite the Ruku Takbeer as well. If after reciting Takbeer Tahrimah and going into Ruku the Imaam comes out of Ruku, then your rakaat is missed. You will then complete the rakaat after the Imaam has made the Salaam.
Q: What should be done in case of having missed Eid Salaat?
A: There is no Qadha of Eid Salaat. According to the Hanafi Math-hab Jamaat is a condition for the validity of the Eid Salaat. Hence, if at least four males (the Imaam and three Muqtadis) are present then the Salaat shall be performed. If a Jamaat cannot be mustered then the one who has missed his Salaat shall make taubah. According to the Shaafi Math-hab, Jamaat is not a condition for Eid Salaat, hence the munfarid (a single person) having missed the Jamaat Eid Salaat may perform it alone.
Q: Can a person perform Salaat without lip movement?
A: Salaat performed without lip movement is not valid.
Q: What is the position of people who walk across others who are engaged in Salaat? Is the Salaat broken or should such a Salaat be broken and be performed again?
A: It is a grave sin to cross the path of a person performing Salaat. However, the Salaat is not invalidated by another crossing the path of the Musalli. The Salaat should not be broken nor performed again. Rasulullah (sallallahu alayhi wasallam) said that if one knows of the punishment in store for crossing the path of the Musalli, then one will wait forty years rather than cross in front of one engaged in Salaat.
Q: A man not realising his condition of janaabat performed his five Salaat for the day. The following day this dawned upon him. Shall he repeat all the Salaat – the Fardh, Witr as well as Sunnah?
A: He shall make Qadha of only the Fardh and Witr. and not the Sunnah.
Q: During Salaat I recited an Aayat of Sajdah Tilaawat and immediately made the Sajdah Tilaawat. Upon standing up to complete the remaining part of the Qiraat, I instead recited Surah Faatihah and then continued from the Aayat following the Sajdah Tilaawat Aayat. At the end I made Sajdah Sahw. Was I correct In making the Sajdah Sahw?
A: In this case Sajdah Sahw was not necessary.
Q: During the month of Ramadhaan we have been listening to Taraaweeh Salaat relayed over the radio directly from Makkah and Madinah. What should we have done when listening to the Aayat of Sajdah Tilaawat? Is Sajdah Tilaawat necessary when hearing such an Aayat over the radio?
A: Sajdah Tilaawat is Waajib when hearing the Aayat even over the radio.
Q: Is Salaat valid if performed with elbows uncovered?
A: If a female performs Salaat in this condition then the Salaat is not valid. If a male does so then the Salaat will be valid, but it is contrary to the Sunnah and respects of the Salaat to perform with elbows uncovered. If this practice is made a habit then it will become a Makrooh Tahrimi act (which is a forbidden and sinful act).
Q: It is said that twelve rakaats Nafl Salaat offered after Jumuah Salaat are sufficient for years of Qadhaa Namaaz. Is this correct?
A: Qadhaa Salaat will be discharged only if performed. Thousands of rakaats of Nafl Salaat will not be able to compensate for Fardh Salaat missed. It is Fardh to discharge the obligation of Qadhaa Salaat by means of performing the Salaat. Twelve rakaats Nafl on Friday is not a compensation for Qadhaa Salaat. The claim is baseless.
Q: There are two routes to a certain town from my hometown. The one route is 46 miles and the other 50 miles. Will I be a musaafir if I travel by the 50 mile route or not? Do I have to perform Qasr Salaat or not?
A: If you travel to the town by the 50 mile route then you will be a Shar`’i musaafir and will be obliged to perform Qasr Salaat. By the shorter route you will not be a musaafir.
Q: Is it proper for the Imaam to recite “Aameen” after Surah Faatihah in every rakaat?
A: It is incorrect. The Imaam does not recite “Aameen”. Only the Muqtadis recite “Aameen”.
Q: Our Imaam clips his beard. Is our Salaat permissible behind him?
A: It is forbidden to clip the beard. According to the Shariah it is compulsory to allow the beard to grow one fist-length. Salaat performed behind such a faasiq Imaam is discharged. But, it is Makrooh Tahrimi (which is a forbidden act) for the mutawallees to appoint such a faasiq to lead the Salaat.
Q: A man led the Salaat without being with wudhu. He realized this only after Salaat. What does he have to do?
A: He has to inform all those who made Salaat behind him to repeat the Salaat A proper effort should be made to ensure that all those who were in the Salaat are notified. The Salaat of those who do not receive this information will be valid.
Q: Is it permissible for the same person to give the Athaan, Iqaamat and be the Imaam?
A: It is permissible, in fact of greater Thawaab.
Q: We are living in a small town in Natal and we have a problem to be solved. I am a newcomer here and was shocked at first to see that the Imaam after Salaat lifted his hands and made dua in silence. Can you. brothers help us? What is the correct way of making dua after Salaat?
A: The Imaam in your town is absolutely correct in making the dua after the Fardh Salaat silently. The way your Imaam is making dua is the way of our Nabi (sallallahu alayhi wasallam) and his Sahaabah. There is therefore no need for you to be shocked. Your shock is due to being unaware of the true teaching of the Deen and years of erroneous (i.e. contrary to the Sunnah) practice.
Q: I have heard many people say that they do not perform Salaat, but that their intentions are pure. By this is meant that if one’s intentions are pure it does not matter if Salaat is not made. Is this statement correct?
A: The incorrectness of the statement is manifest. One who deliberately neglects Salaat is either a faasiq or a munaafiq. There is absolutely no doubt in him being a fasiq of the highest degree. A person who claims to have pure intentions despite his deliberate neglect of Salaat is either dwelling in deception or is perpetrating spiritual fraud by advancing his theory of “pure intentions”. In saying so he is guilty of gross dishonesty. Rasulullah (sallallahu alayhi wasallam) said:
“The distinction between kufr and Imaan is to discard Salaat.”
“Verily, he who deliberately discards Salaat has committed kufr.”
Q: In a certain town I observed that during Ramadhaan while the Hafiz was reciting the Qur`aan during Taraaweeh Salaat, a man was sitting alongside him with Qur`aan in hand rectifying the errors in the Imaam’s Qiraat. This man was especially appointed by the Sheikh of the town. The one who was doing the rectifying was not performing Salaat, but was sitting next to the Imaam while the Salaat was in progress. Is this method of rectifying the Imaam’s errors correct?
A: It is incorrect. The method adopted has destroyed the Imaam’s Salaat and along with him the Salaat of all those who were performing behind the Imaam. If an Imaam accepts rectification of his Qiraa’t, etc., from a person not behind him in Salaat, then the Salaat of the Imaam is rendered null and void.
Q: How should niyyat for Salaat be made? Is it necessary to recite the Arabic niyyats? We have a dispute here on this question.
A: Niyyat is a condition of the heart. At the time of performing the Salaat you should know what Salaat you are performing. It is not at all necessary to recite the long Arabic niyyat formulae for Salaat.
(Chapter on Fasting)
Q: When a woman wears no scarf and wears a mini-skirt, and at the same time keeps Roza, is her Roza accepted?
A: Her fast (Roza) is valid, but her acts of not donning the Islamic head-cover and wearing a mini-skirt are abominable and Haraam. Rasulullah (sallallahu alayhi wasallam) has cursed women who reveal any part of their bodies and he (sallallahu alayhi wasallam) has described such women as adulteresses. Although the obligation of the Roza is discharged, the Thawaab of fasting is destroyed by the commission of unlawful acts. A woman has to clad herself Islamically at all times whether she is fasting or not.
Q: Must a Nafl fast which was broken be kept again?
A: If Niyyat (intention) for the Nafl fast was made during or after Subh Saadiq (i.e. approximately 1 hour 30 minutes before sunrise Subh Saadiq commences) then Qadhaa will have to be kept for the fast broken. However, if Niyyat was made during the night, but before entry of Subh Saadiq, one decided not to keep the fast, then no Qadhaa is necessary. Hence, Qadhaa will have to be kept for a Nafl fast broken.
Q: If masturbation is practiced during fasting, is the fast broken? What compensation has to be paid in order to make the fast good again?
A: Masturbating nullifies the fasting, and besides the destruction it inflicts on the fast, it brings great spiritual havoc in its wake. Masturbation by itself is a heinous sin. To practice it while fasting is sin aggravated. Like Thawaab for virtue practiced in Ramadhaan is multiplied manifold, so is the Wrath of Allah Ta`ala and His Punishment multiplied manifold for the perpetrators of sin during fasting. There is no compensation which could be offered to rectify this heinous wrong committed during Ramadhaan in so far as the Thawaab of fasting is concerned. Qaza of the fast has to be made to discharge the obligation, but such Qaza will not redeem the Thawaab of fasting annihilated by the evil act of masturbation. The perpetrators of this evil has only one hope. i.e. the Mercy of Allah Ta`ala. He should make Taubah and seek Allah Ta`ala’s forgiveness. Regret and sincere repentance will, Insha`Allah, obliterate the damage wrought by this sin. Allah Ta`ala says in the Holy Qur`aan:
“And despair not of the Mercy of Allah. Verily, He forgives all sins.”
(Chapter on Zakaat)
Q: Is Zakaat to be paid on money obtained by way of gambling?
A: Money thus obtained or in any other unlawful manner has to be given to the poor if the owners of such monies cannot be located. In the Shariah unlawful wealth in one’s possession is termed “Waajibut Tasadduq” which means that it is compulsory to get rid of it hy donating it to the poor without making any Niyyat (intention) of Thawaab. Zakaat is not payable on unlawful wealth.
Q: Is Zakaat payable on precious stones?
A: Zakaat is not levied on precious stones.
Q: Is Zakaat to be paid on fixed property?
A: The Shariah does not levy Zakaat on fixed property. Zakaat is to be paid on the income derived from fixed property if it amounts to Nisaab.
Q: Our Islamic organization in our city has collected a large sum of money in Zakaat. Can we use these Zakaat funds in our Mosque building project?
A: It is not permissible to use Zakaat monies in building Mosques. If Zakaat funds are directed to building Musjids the obligation of Zakaat will not be discharged from those who entrusted your organization with the sacred Trust of distributing their Zakaat according to the Law of the Qur`aan. The members of your organization will be committing a great crime and will be guilty of gross betrayal of the Shariah if they decide to channel the Zakaat into the Musjid construction.
Q: Can we use Zakaat funds to pay the teachers in Madressas?
A: This is not permissible. Zakaat is the right of the poor. A Muslim should not rob the poor of their right which Allah Ta`ala granted them in Zakaat money.
Q: Is it permissible to pay teachers of a Madressa from Zakaat money?
A: It is not permissible. Whoever employs the teacher should make dignified arrangements for the payment of his salary. Zakaat is the Haqq or right of the poor. Utilizing Zakaat funds for purposes not sanctioned by the Shariah is gross abuse and misappropriation of the trust funds of Zakaat.
Q: One of the avenues for Zakaat spending mentioned in the Holy Qur`aan is ”Fee Sabeelillah” (in the Path of Allah). Erection of Mosques is most certainly an expenditure “in the Path of Allah. So why do the Ulama say that Zakaat monies cannot be used in the building of Mosques?
A: The expression “Fi Sabeelillah” appearing in the Qur`aanic verse pertaining to Zakaat does not have a general application. In the context of Zakaat, “Fi Sabeelillah” refers to “soldiers”stranded during times of War” and “Haajees stranded while on pilgrimage”. These are the official Islamic interpretations of the phrase “Fi Saheelillah”.
Q: Instead of giving Zakaat in cash, could it be paid by means of groceries or clothing?
A: Zakaat maybe paid to its lawful recipients in either cash or kind. You may therefore pay your Zakaat by purchasing groceries or clothing for the amount you are liable to pay as Zakaat and handing same to the lawful recipients of Zakaat.
Q: A Muslim brother donated a vehicle to the local Muslim association. One brother drives the vehicle and picks up the boys for Namaaz. Is it permissible to use Zakaat money for this purpose?
A: It is not permissible.
Q: I operate a fleet of trucks for deriving income. Do I have to pay Zakaat on the trucks? If I have to, on what amount shall the Zakaat be calculated, the present value of the trucks or the price paid for them?
A: Zakaat is not payable on trucks, implements, machinery, fixed property, etc. used to derive income. All these items are exempted from Zakaat. Zakaat will only be paid on these items if they are stock-in-trade, i.e. they were purchased with the intention of reselling.
Q: Is it compulsory to pay one’s Zakaat during the month of Ramadhaan?
A: It is not compulsory. Zakaat becomes due after twelve months pass over the Nisaab (the minimum amount which qualifies one as a Zakaat-payer). Once Zakaat becomes due, its payment to its rightful recipients should not be delayed unnecessarily. However, if payment was not effected upon the Zakaat becoming due, it has to be paid as soon as possible.
Q: I have in my custody a sum of money left in trust by someone. Am I responsible for paying the Zakaat out of this trust sum (amaanat) on behalf of the owner of the wealth?
A: The Amaanat being held by you is taxable by Zakaat. But, payment of Zakaat is not your responsibility. You may pay the Zakaat if so directed by the owner of the wealth. You must have his consent.
Q: I have some diamonds and many other luxury items in my possession. I have been told to pay Zakaat on these. What is the Shariah’s ruling on this?
A: If the diamonds and the luxury items are for your personal use or for the use of members of the family, etc., no Zakaat is payable on them. As long as these articles were not procured with the intention of reselling (i.e. merchandise), Zakaat will not be payable.
Q: Is it necessary to declare to the person whom Zakaat is being given that “this money is Zakaat”?
A: This is not necessary. The Niyyat (intention) of Zakaat has to be made when making payment even if the recipient is unaware of the fact that the money received is Zakaat.
Q: Is it allowed to pay the salary of Madressa teachers out of Zakaat monies?
A: This is not permissible. Zakaat cannot be paid as wages or as payment in return for some service.
Q: Can Zakaat funds be utilised in the construction of a Mosque?
A: This is not permissible. Zakaat cannot be used in any Waqf institution.
Q: A poor man died. He has no money for burial expenses. Could such burial expenses be offset with Zakaat funds?
A: It is not lawful to use Zakaat for the funeral expenses of the poor. Other types of charities should be made available for such purposes.
Q: To which relatives is it allowed to give one’s Zakaat and to whom can it not be given?
A: Among ones relatives, Zakaat cannot be given to parents, grandparents, great grandparents, etc., nor can it be given to one’s offspring, viz., children, grandchildren, etc. It is permissible to give one’s Zakaat to brothers, sisters, uncles, aunts, nieces, nephews, stepmother, stepfather, etc.
Q: Can a husband pay the Zakaat due on his wife’s jewellery?
A: He could do so as an act of kindness and favour. However, if she refuses to pay her own Zakaat and because of this refusal the husband pays it, then she will remain sinful and her obligation will not be discharged.
Q: My father passed away. Although Zakaat was compulsory upon him, he did not pay it, nor did he make any wasiyyat regarding payment of his outstanding Zakaat. Can I remit his Zakaat obligation by effecting payment from his estate?
A: With the consent of all the inheritors, it is permissible to pay the outstanding Zakaat of your late father. However, the consent of minors is not valid, hence, their (minors’) shares shall be maintained intact. Your father’s Zakaat shall not be paid by taking from the shares of the minor inheritors as well.
Q: Say, for example, Abdul has R15 000 and wants to build a house. He does not wish to obtain a building society loan. Does he have to pay Zakaat on this money which is specifically for erecting a house?
A: Regardless of the purpose for which the money will be used, Abdul will have to pay Zakaat on it.
Q: Some years ago a father transferred his business to his eldest son (a major). Should the father pay Zakaat on the capital still in the business which is under the son’s management?
A: If, by transferring the business to his son, the father intended that ownership of the assets in the business is vested in his son, the latter becoming the owner then the father is not responsible for payment of Zakaat on the capital in the business (i.e. if the son has also been made the owner of the capital). On the other hand, if only the business was transferred to the son, the father retaining ownership of his capital then the capital in the business will be regarded as a LOAN to the son. In this event the father is liable to pay Zakaat on the capital, but the Zakaat will only fall due for payment when the loan is repaid to the father. But it should be remembered that the period of the loan will be taken into consideration when effecting payment of the Zakaat on the repaid loan. For example: If the loan is repaid after five years, Zakaat will be paid on the repaid sum for five years.
Q: If one has not paid the Zakaat can one go out in Tableegh (to preach)?
A: Payment of Zakaat and Tableegh are two separate duties. Non-payment of Zakaat without valid reason is sinful and liable for punishment. A Muslim should not unnecessarily delay in paying Zakaat when due but the commission of a sin will not preclude from commission of lbadat. Tableegh is Ibadat which definitely draws one away from sin.
Q: I have a considerable amount of Zakaat In my possession. I wish to hand it to some reliable Muslim organization who will distribute it according to the rules of Islam. The local organization of which I am a member is of the opinion that since the Zakaat amount is quite large, it should be invested and the profits derived from the investment of my Zakaat be expended on Islamic charitable causes. Will my Zakaat be discharged if I follow the suggestion of our organization? Please advise me of the Shariah’s order on this matter.
A: As long as your Zakaat does not reach the possession of and passes into the ownership of the rightful Islamic recipients, e.g. the poor, your obligation of’ Zakaat will not be discharged regardless of how much profit you derive by such investment and regardless of how much you may spend upon Islamic charitable causes. Your organization has given you highly un-Islamic advice. Allah Ta`ala commands that you discharge your Fardh obligation of Zakaat and hand it over to the lawful recipients. There is no need for you to endeavour to go beyond this Command and follow the advice of men and organizations wholly incompetent to give guidance and advice on the basis of the Shariah. Furthermore, by diverting your Zakaat to any Islamic charitable cause you will not secure the discharging of your obligation. There are stipulated classes of Zakaat recipients. Under prevailing circumstances you should distribute your Zakaat to only the poor and not hand it to organizations incompetent in Islamic law, for they will merely abuse and misdirect your Zakaat to your detriment, and the meaning of “detriment” here is that your Zakaat obligation will then not be discharged.
(Chapter on Pilgrimage)
Q: When Hajj coincides with a Friday, the Hajj is described as Hajj-e-Akbar. Is it correct to say so?
A: The Hajj occurring on a Friday has greater significance. There is no doubt in its superiority. In Ihyaa’ul Uloom it is stated: “When the Day of Arafah coincides with the Day of Jumuah every person of Arafah (every Hajee) is forgiven. It (this Hajj on a Friday) is the best day on earth.”
However, despite this great significance, it is not correct to describe the Friday Hajj as Hajj-e-Akbar.
Q: If one has performed Umrah, is it yet obligatory to perform Hajj later?
A: The existence of the necessary conditions makes the performance of Hajj obligatory. Once the conditions are found, Hajj becomes compulsory regardless of whether Umrah was already performed. The performance of Umrah does not release one from the obligation of Hajj.
Q: A person has already performed his Hajj. If he gets an opportunity again, what is better, Nafl Hajj or Hajj Badl?
A: In our humble opinion we feel that in this case Hajj Badl for someone upon whom Hajj was Fardh would be nobler. And, Allah knows best.
Q: Is Hajj which was performed with money derived from gambling and interest valid?
A: Such ‘Hajj’ is not valid.
Q: A man has sufficient money to go to Hajj. However, during the period of Hajj he uses up the money and does not go for Hajj. Is the Hajj still obligatory upon him?
A: If the money was used for the necessary requirements of his family or for his own necessary purposes then the Hajj is not obligatory upon him. If he merely squandered the money then he is guilty of a grave sin. He will remain sinful as long as he does not discharge his Hajj.
Q: Can a man whose father is ailing proceed to perform Hajj Badl?
A: If the father is dependent upon his son for his needs and service and if no suitable arrangements could be made to care for his ailing father then it is not permissible for the son to leave his father and go for Hajj BadI.
Q: Is a woman allowed to proceed for Hajj in the accompaniment of her deceased husband’s nephew?
A: The nephew of the husband is not a mahram of the wife. It is not permissible for her to go for Hajj in his company.
Q: Is it sinful to delay Fardh Hajj?
A: Once the Hajj becomes Fardh, it is sinful to unnecessarily delay it. The procrastinator will remain sinful until he has not discharged his Fardh Hajj.
Q: A friend of mine is going for Hajj. He says that before going for Hajj it is incumbent to visit the karamat (grave) of the saint nearby and seek his blessings. What does the Shariah say about this?
A: The Shariah forbids seeking blessings from dead saints. To visit the graves of saints with the intention of directing one’s dua to them is an act of shirk (polytheism). Dua has to be directed to ONLY Allah Ta`ala. No dead saint has any power to answer the prayers of people.
(Chapter on Marriage)
Q: A man has presented his proposal for marriage to a certain woman. Will it be permissible for another person to submit his marriage proposal to the same woman while the first proposal is yet under consideration?
A: Rasulullah (sallallahu alayhi wasallam) forbade Muslims to propose for marriage when a prior proposal is under consideration. After one proposal has been rejected another may be submitted.
Q: What does Islam say about breaking off an engagement (of marriage)?
A: It is forbidden to break off the engagement without any valid reason. An engagement is a mutual agreement which has to be honoured by both parties.
Q: My husband died a month ago. I have read somewhere that after the death of the husband the wife should spend a period known as the Iddat in her husband’s home. What I would like to know is whether it is permissible for the wife of the deceased to visit her relatives while she is in her Iddat?
A: When the husband dies the wife has to spend a while in lddat. The lddat, if she is not pregnant is four months and ten days and if pregnant is until delivery of the babe. During the Iddat it is not permissible for the woman to leave the residence of her husband, i.e. the home in which she resided at the time of her husband’s death. However, she will he permitted to leave her home if there is strong cause or a valid Islamic reason. Thus leaving the home during the Iddat for visiting relatives is not permissible.
Q: Could the ‘waleemah’ feast be given before the Nikah has been performed?
A: There is no question of ‘waleemah’ before the Nikah. The Sunnat waleemah feast can be given only after the Nikah.
Q: In many weddings only the rich are invited. The poor are ignored. Is this correct?
A: Rasulullah (sallallahu alayhi wasallam) said that the worst of foods is a “Waleemah” (the Islamic marriage feast) to which only rich are invited, the poor being excluded.
Q: I have been told that it is not permissible for a husband to be nude in the presence of his wife during sexual relationship. Is this so?
A: Although permissible, it is discouraged by the Shariah. Rasulullah (sallallahu alayhi wasallam) said that one should not behave like an ass (i.e. bare oneself completely) whilst indulging in sexual relations. Dignity and deportment are to he observed by believers at all times. Nabi (sallallahu alayhi wasallam) discouraged the marriage partners from looking at each others privacy. Speaking too, during sexual intercourse is discouraged in the Ahaadith of Rasulullah (sallallahu alayhi wasallam).
Q: Is it a Sunnat to oblige the bride and bridegroom to drink “sharbat” (a drink of water, sugar and colouring)?
A: It is not a Sunnah practice. It is a custom from which Muslims should abstain.
Q: I am a widow, aged 28, with three daughters. I have just completed my Iddat at my late husband’s house. However, my father has approached me to move to his house claiming that it is improper for me to remain at my late husband’s house because I will be living in a house surrounded by ghair mahrams (my late husband’s brothers). To substantiate his argument, my father read me an article in the Aug./Sept., 1977 issue of “Awake” by Mufti Ahmed Bemat (Shaikhul Hadith) titled, “Husband’s elder and younger brothers are like death. Keep aloof from them”. I will greatly appreciate it if you could enlighten, me in my predicament and show me the correct procedure to be adopted according to the Shariah.
A: Your father is absolutely correct. According to the Shariah you have to avoid your brothers-in-law like “death”, for Rasulullah (sallallahu alayhi wasallam) has described a woman’s brothers-in-law as “death” for her. Your lddat has expired, hence you should move into your father’s residence. This is only Islamic and in your best interests.
Q: It is said that according to the Shariat the husband has to mete out equal treatment to his wives. Could you please explain the meaning of equality in this respect?
A: Equality in this regard refers to time spent with each wife, living quarters, food expenses, clothing expenses, in short, in all material aspects there should be equality of treatment. Equality, in these respects is Waajib. Equality in love is not Waajib. But, greater love for one wife should not lead to injustice by the husband towards his other wives.
Q: Is it absolutely necessary to spend equal time with both wives?
A: Yes, it is Waajib. However, the wife has the right to make concession and waive any of her rights if she so desires.
Q: A certain unmarried girl is no longer a virgin and a certain man wishes to marry her having full knowledge of the fact that she is no longer a virgin, is it permissible for him to marry her?
A: It is permissible.
Q: After marrying, one discovers that his wife is not a virgin. Has the husband the right to divorce her?
A: The right to divorce has been vested by the Shariah in the husband. But, this does not mean that he should utilize this right indiscrimanately notwithstanding the fact that even indiscriminate use of this right will bring into effect the divorce. Rasulullah (sallallahu alayhi wasallam) said: “Divorce is the most hated of the lawful things.” This right of divorce should therefore, be exercised only when there exists absolutely no hope of reconciliation. A Muslim endeavours his utmost to make his home and not break it for reasons of material considerations and carnal pleasures. The husband in the case mentioned should not exercise his right of divorce.
Q: A man (let us call him Abu) committed fornication with a woman (let us call her Sorayya). Sorayya besides committing fornication with Abu, fornicated with another man as well. She bears the daughter of this other man. This daughter is now a young woman and Abu wishes to marry her. Both (i.e. Sorayya’s` daughter and Abu) are willing to be married. Both are Hanafis. A Hanafi Aalim whom they consulted informed them that it is not permissible for Abu to get married to her (the daughter of Sorayya). Abu is insistent that some solution be found to permit his Nikah to Sorayya’s daughter. He consulted another Aalim who informed him that his Nikah to Sorayya’s daughter on the basis of the Shaafi Mazhab will be valid. Abu, armed with this Aalim’s fatwa approached the local Imaam and requested him to perform the Nikah, but the local Imaam (who is also a Hanafi Maulana) refuses to perform this Nikah also claiming that the Nikah would not be valid. Abu and Sorayya’s daughter are now faced with a dilemma. Please rule whether this Nikah could be legal.
A: Both Abu and the woman in question should be told that Deen is not an object to trifle with. The Shariah has already been dastardly transgressed by the parties concerned by their acts of fornication. When one trifle’s with the Deen one trifles with one’s Imaan. Switching from Math-hab to Math-hab for the sake of one’s convenience and whims is akin to Kufr. One very great Aalim who also was among the great Auliyaa of Allah Ta`ala said that a man who switches Math-habs merely for the sake of marriage is in grave danger of dying in a state of Kufr. We do concede that today in our midst there are many “aalims” and “sheikhs” so-called learned men who betray the Deen of Allah by jumping from Math-hab to Math-hab to suit their desires and to earn some quick and vile money from people of the world. But those who value their Imaan will not stoop to the base level of mocking their Deen and placing their very Imaan in jeopardy by trying to switch to a Math-hab of their convenience so as to give free play to their carnal passions.
The respected Ulama who said that this proposed Nikah will not be valid on the Hanafi Math-hab have stated the correct Islamic Ruling. The “aalim” who advised Abu that the marriage is valid on the Shaafi Math-hab has sold his Imaan and betrayed Islam most disgracefully. Although such a marriage is valid on the basis of the Shaafi Math-hab, this “aalim”, if he knew Abu to be a Hanafi, had no right whatsoever to claim that Abu’s marriage to Sorayya’s daughter would be valid. According to the Shariah, on the basis of the Hanafi Math-tab, it is not lawful to marry the daughter of a woman with whom one has fornicated. The Nikah cannot be performed and if anyone performs it, it will NOT be valid. The parties will be living in sin in adultery and all their offspring will be illegitimate. The Shariah rules that Abu can never get married to this woman.
Q: In our locality we have a man who is married to two sisters. He married a woman and a year later married her sister. He lives presently with both these sisters as his wives. An Imaam performed the Nikah and claims that this marriage is lawful. Please explain the view of the Shariah. Is this marriage in fact legal in Islam?
A: This union is nothing but an adulterous relationship between this man and the sister whom he married a year after marrying the first sister. There is no question of the “NIKAH” being valid or not valid. The Nikah just was not contracted. The “Imaam” in question is a JAAHIL and a FAASIQ of the highest order. A few rand in the pocket of this vile and wretched so-called “Imaam” must most surely have impelled him to solidify and give “respectability” to the zina of this couple. May Allah save us from such wretched betrayers of the Deen, Ameen. And, May Allah Ta`ala grant guidance to this couple who presently live in adultery.
Q: How should the Nikah of a dumb person be performed?
A: If he is able to write, the Nikah shall be contracted by his writing otherwise by means of signs, e.g. nodding of the head for acceptance.
Q: A man married his wife’s sister. Is this marriage lawful? How is this marriage to be dissolved, if as people say, it is unlawful? And, what are the other effects of such a marriage?
A: (i) This “nikah” is unlawful. (ii) There is no need for pronouncing Talaaq (Divorce). If the “marriage” was not consummated, mere separation will suffice to terminate the unlawful relationship. If the “marriage” was consummated then the man should state, verbally: “I have separated her”. (iii) If consummation occurred, the payment of Mahr Mithl will be compulsory. This Mahr should not be more than the amount agreed between the parties. (iv) In the absence of consummation, Mahr is not Waajib. (v) in the event of consummation observance of iddat by the woman is compulsory otherwise not. (vi) During this lddat maintenance expenses and provision of residential quarters are not Waajib. (vii) Sexual relationship with his wife will not be permissible until after expiry of the iddat of the wife’s sister. (viii) This unlawful marriage will not affect the validity of his Nikah.
Q: The Shiahs have temporary marriages which are called mut`ah. Such marriages of temporary nature are arranged for purpose of convenience. An agreement between the parties is made to marry for even a day. Are such marriages permissible?
A: Such unions are not marriages in Islam. Such relationship is nothing but zinaa (fornication) which is Haraam.
Q: A man made Nikah with another woman without obtaining permission from his wife. Is his Nikah to the second woman valid?
A: The Nikah is valid. The validity of the Nikah is not dependant upon the consent of the first wife.
Q: A woman has come to live in our town. She says that she was previously married, but her husband gave her talaaq and that her iddat has terminated. A man here wishes to many her. Could the Nikah be performed merely upon her assurance that she is not a married woman?
A: Yes, the Nikah may be performed. Her word is sufficient for this purpose.
Q: A woman was married to a Qadiani. She has now left him and wishes to many a Muslim. What is her position now? The Qadiani husband has not divorced her. The man who intends marrying her is adamant that Nikah could be made with her. Please advise.
A: A Qadiani is not a Muslim. At no stage was this woman the legal wife of the Qadiani since Islam does not recognize the marriage of a Muslim woman to a non-Muslim man. The union between her and the Qadiani was adulterous. She is free to marry any Muslim. There is no need for any divorce from the Qadiani.
Q: How does nikah by proxy take place? Is nikah by means of a letter valid?
A: Nikah by means of a letter will be valid if both ijaab and qubool (proposal and acceptance) are witnessed by at least two Muslim males or one Muslim male and two Muslim women. Example: A man writes a letter proposing marriage to a woman. On receipt of the letter, the woman in the presence of the witnesses reads out the man’s proposal and then says in their presence that she has accepted the proposal. The nikah will then be valid. This is according to the Hanafi Math-hab. According to the Shaafi Math- hab a nikah will be valid only if witnessed by at least two pious males. Female witnesses are not acceptable in the Shaafi Math-hab. The consent of the wali of the woman is also necessary for the validity of the nikah according to the Shaafi Math-hab.
Q: A man touched a seven year old girl and was sexually aroused. He wishes now to marry her mother who is a widow. What is the Shariah’s ruling in this matter?
A: It is permissible for him to marry the girl’s mother. If the girl was nine years of age and this Haraam incident took place, then it would not have been lawful for him to marry her mother as the law of ‘hurmate musaaharat’ would have come into operation.
Q: A man wishes to marry the stepsister of his stepmother, Is such a marriage lawful In Islam?
A: It is lawful.
Q: A woman requested an Imaam to perform her Nikah. She was formerly married and claims that her husband has divorced her, giving her three talaaqs. She says that her iddat has expired. The former husband is not known to the Imaam and besides the woman’s statement there is nothing else to support her claim. She cannot produce any witnesses to prove that she has been Islamically divorced. But, the Imaam nevertheless performed her Nikah. Is this Nikah valid?
A: The Nikah is valid and the Imaam was fully within his rights to have performed the Nikah. The woman’s statement was sufficient for this purpose. The validity of talaaq is not dependant upon witnesses.
(Chapter on Divorce)
Q: Does a Talaaq administered during pregnancy take effect?
A: It is not permissible to give or utter talaaq to one’s wife during pregnancy. But, if the Talaaq was given in the state of pregnancy it (the Talaaq) will take effect and the husband will be guilty of committing a sin.
Q: The pamphlet which I have enclosed says that a woman has the right to issue Talaaq like the man has the right. Can a woman give Talaaq to her husband?
A: The pamphlet is highly misleading. The right of Talaaq is vested in the husband. The Shariah does not vest the wife with this right.
Q: I divorced my wife by uttering the word Talaaq twice in anger. Her Iddat has not expired yet. Can I take her back without renewal of Nikah?
A: You may take her back before expiry of her Iddat. You must also now remember that in future if you utter the word Talaaq once more the divorce will become final and irrevocable. The one Talaaq will be added to the two already given, making the Talaaq “mughallazah” (emphatic, irrevocable and final). When this occurs you will not be able to regain your wife. Nikah between you then will not be valid.
Q: A man wrote the Talaaq for his wife and posted the letter but the wife never received the letter. The husband now regrets his action and wishes to take back his wife. In his letter of divorce he wrote: “I hereby give you Talaaq.” The wife is living with her parents and the husband has not seen his wife. Please advise if the Nikah is still intact.
A: The Talaaq came into force the moment the husband wrote it. It is not a condition for the validity of the Talaaq that the wife receive the letter or read the Talaaq. The Talaaq given in the letter is described as Sareeh Talaaq, the effect of which is Raj’i or revocable if the husband takes back his wife within her lddat which according to the Shafi Math-hab, three periods of Tuhur (period of purity which follow the period of haidh). The husband has the right in a revocable divorce to take back his wife without renewing the Nikah if he takes her back before expiry of her Iddat. But, once her lddat has expired, the Talaaq becomes Baa`in which cannot be revoked. In this case if the wife’s lddat has already expired then the husband cannot take her back without renewing the Nikah. A fresh Nikah will have to be performed if the lddat has already expired.
Q: For the last twenty years my mother and father are not on speaking terms nor do they live together. However, my father has not divorced my mother. If my father happens to predecease my mother will she still have to observe ‘iddat?
A: She will have to observe the ‘iddat’. It is a sin of utmost gravity for two Muslims not to be on speaking terms for more than three days. The villainy of the sin is emphasised in the case where the two Muslims happen to be husband and wife. Even on the great Nights of Qadr and Nisf-e-Sha’baan when the special Rahmat of Allah Ta`ala envelopes the Believers, those Muslims who are not on speaking terms are excluded from these Mercies of Allah Ta`ala.
Q: After two months marriage a man asked his wife to return to her parent’s home. The man was impotent and was supposed to have undertaken medical treatment. However, he did not go for the treatment. While the wife was at her parent’s home, he sent her a letter of Talaaq. According to Islamic rites how does this marriage dissolve? During the period of separation who was responsible for the woman’s maintenance expenses? Now that she is a divorcee who should maintain her?
A: The Talaaq written by the husband takes immediate effect. But, the final result of the Talaaq depends on the number and type of Talaaq administered by the husband. There are different forms of Talaaq and different ways of administering the Talaaq. In the case cited by you it is not known what type of Talaaq was given by the husband. We require more information regarding the form of Talaaq administered by the husband. A copy of the letter of Talaaq written by the husband will enable us to state the Shariah verdict.
The husband in this case is responsible for the maintenance of the wife while she was at her parent’s home since her presence there was occasioned by the request of the husband. After divorce, the husband is responsible for the home and other expenses of the ex-wife while she still remains in her Iddat which is three Haidh (menses) periods. Upon expiry of her lddat the obligation of the man to maintain her terminates.
Q: A man in anger cried out to his wife: “Get away to your father’s home. You are no longer Mrs. Zaid.” (We have assumed the man’s name to be Zaid.) When the man was asked as to what he meant by these statements, he said that he intended thereby that she is no longer his wife; that he intends thereby divorce. What is the Shariah ruling?
A: The intention underlying these statements brings into effect what is known as Talaaq-e-Baa-in. One irrevocable Talaaq has been administered. The Nikah has been severed. If the parties desire a reconciliation, a fresh Nikah will have to be performed. After passing of the Iddat, the woman is free to marry anyone she pleases. The husband cannot demand that she be married to him again.
Q: We are told that the iddat of a woman who has been divorced is “until she delivers the baby she is bearing”. The divorcee happens to be pregnant. We are also told that if a woman is not pregnant then her iddat is four months and ten days. However, this particular woman suffered a miscarriage after three months. Has her iddat expired or not? Can she now arrange her marriage to another man or not?
A: If any organ appears in the miscarried foetus, e.g. a hand, leg, finger, etc., then this miscarriage will be regarded as “delivery of the babe”, and the iddat expires with this miscarriage, i.e. where the miscarried foetus has already developed the form of some organ/s. This is stated in the Islamic Book of Law known as DURRUL MUKHTAAR. She can now get married.
Q: A man wrote “Talaaq to my wife”, but did not post the letter to his wife who does not live with him. Is this “Talaaq” valid even if the letter does not reach the wife?
A: The Talaaq is valid and comes into effect regardless of delivery of the letter to the wife.
Q: Where does the divorcee have to spend her iddat?
A: It is necessary for her to spend her Iddat in the house of her husband.
Q: A woman after quarreling with her husband went to live with her parents. While staying with her parents, news of her husband’s death reaches her. Is it permissible for her to spend her Iddat in her parents’ home or does she have to return to her husband’s home?
A: She will have to return to her husband’s home and remain there until termination of her iddat.
Q: What is the iddat of a woman whose husband passed away?
A: Four months and ten days if she is not pregnant. If pregnant, her lddat will be until delivery of the babe.
Q: A man threatening his wife said to her “Go awayl”. At the same time he uttered “talaaq” thrice, but had no intention of divorcing his wife. Is this talaaq effective? If it is, could he remarry her?
A: For the divorce to become effective by the use of the term ‘talaaq’, intention is of no substance. If a husband says ‘talaaq’ to his wife even jocularly, the talaaq becomes effective. Although it is not permissible to divorce by uttering ‘talaaq’ thrice in one session, nevertheless the divorce in this case is final and irrevocable. Three talaaqs are described as ‘mughallazah’. Marriage between the couple can be performed only if the woman marries another man and then he divorces her after consummation of the marriage. But, such process of halaalah should not be arranged.
Q: My friend said to his wife: “I divorce you. Go to your home. I do not want you.”
He said this in anger without having any intention of divorce. Can he recall her without renewing the nikah?
A: Yes, he can recall her without renewing the Nikah, before expiry of her iddat.
Q: A man divorced his wife with two utterances of talaaq. Ten days have passed. Can he retain her as his wife without renewing the nikah?
A: Since her iddat has not yet expired, he can retain her without renewing the nikah.
Q: A man divorced his wife while she was in the state of pregnancy. Is the talaaq valid? A child was then born (a baby boy). Who has to maintain the child? Who is entitled to the custody of the child?
A: It Is sinful to talaaq during pregnancy. But talaaq given during pregnancy is valid and effective. The responsibility of maintenance for the child is the father’s. The father will have to provide the maintenance until the child reaches the age of buloogh. The mother has the right of custody of the boy until he reaches the age of seven years. Thereafter It will be the father’s right.
(Chapter on Business)
Q: Is goodwill Jaiz (permissible) in Islam?
A: “Goodwill” falls under the Islamic definition of Riba and as such it is not lawful in Islam.
Q: I have my personal savings deposited in the building society. In which way can I utilize the interest thus accrued?
A: The interest obtained thus has to be given to the poor without forming a Niyyat (Intention) of Thawaab. The Shariah rules that all unlawful property in one’s possession must be restored to the rightful owners. In the event that this is not possible (as it is in your case) the property has to be eliminated by giving it to the poor WITHOUT ANY NIYYAT OF THAWAAB.
Q: I have incurred a debt on which interest is being charged. I have some interest money in my possession, which was obtained from savings. Is it permissible to pay the debt interest with the interest money I have?
A: In the first instance it was not lawful to have incurred a debt bearing interest However, since you are now already involved in this evil, you should make every effort to extricate yourself from it. Under the circumstances you may utilize the interest money you have to offset the interest charged on the debt you incurred. But remember that it is not lawful to save money in the bank with the intention of obtaining interest.
Q: On what basis is the use of interest money condoned for building of toilets when Allah and His beloved Nabi (sallallahu alayhi wasallam) have condemned interest as Haraam?
A: Interest as well as all haraam money in ones possession cannot be used for personal use even for the building of toilets for one’s own use. The Shariah Ruling applicable to all forms of Haraam wealth in one’s possession is that firstly the rightful owners of such wealth must he sought and the money be returned. If this is not possible, the money has to he handed to the rightful heirs of the rightful owners of the wealth. If this too is not possible, the Haraam wealth will be given in charity without the Niyyat of Thawaab. It is compulsory to eliminate unlawful wealth in one’s possession, and the best form of elimination is to restore it to the rightful owners. In the event of this not being possible, the next best form of elimination is to utilize such wealth for certain forms of charitable works. Such monies cannot be donated towards the construction of Musjids, Madressas, amid other places of reverence. Such money has to be used in public works such as roads, toilets, etc. In the distribution of such unlawful wealth the poor should he accorded priority. This is the Ruling of the same Shariah which has ruled that interest is Haraam.
Q: Interest is received on savings deposited in the bank. I do not want the interest. The interest thus is mixed with the Halaal money. Since separate interest accounts do not exist, can one pay out the interest from the mixed money (savings plus interest) withdrawn from the bank?
A: Yes. Give the interest amount from the money withdrawn from the bank to some charity, preferably to the poor, without forming a Niyyat of Thawaab.
Q: I am living on a farm. My landlord refuses to pay for any repairs to the house in which I am living. The house of the African servant living on the farm was extensively damaged during the heavy rains of last year. His house is in a very poor state. The landlord refuses to repair his house. I have some interest money which I received from the bank savings account. Can I use this money for the house in which I am living? Can I use the money to repair the house of the African servant?
A: You cannot use this Haraam money to repair your own house, however, you may use it for the repair of the house of the African servant.
Q: Is it jaiz (permissible) to accept any money or gift from a person whom you know has obtained the money from an unlawful agency, e.g. gambling? And, if one has taken it, what should one do?
A: It is not permissible to accept such unlawful money or gifts. However, if one has committed the blunder of accepting such Haraam wealth then one should endeavour to locate the rightful owner, and return same to him/her. If this is not possible, the unlawful article or money should be distributed in charity without formulating any Niyyat (Intention) of Thawaab. This is the Shariah law for all Haraam wealth in one’s possession. Firstly, the rightful owner should be sought out and the misappropriated wealth be returned. If this is not possible, the wealth shall be given in charity without the intention of obtaining Thawaab (Reward in the Aakhirah). Such Haraam wealth in one’s possession is termed in the Shariah: “Waajibut Tasadduq”.
Q: Someone took a loan from me. However, he repaid me with Haraam wealth. Can I use such monies?
A: Since you are aware that the money paid to you is from Haraam wealth, its use will not be permissible.
Q: I have been paid my wages out of Haraam wealth. Can I use it?
A: It is not permissible to use Haraam wealth.
Q: Is it permissible to work in a bank knowing that part of your salary comes from interest monies?
A: If it is known that your salary or part of your salary is paid out of Haraam monies then it will not be lawful to remain in such employment.
Q: Is it permissible to increase the price of an article we are retailing for a certain price and is this increase allowed even if the cost remains the same?
A: It is permissible. The price which becomes effective according to the Shariah is the amount agreed between the transacting partners (buyer and seller) at the time of the sale transaction.
Q: I am employed by a firm in the capacity of a clerk. Is it permissible for a Muslim to draw up Riba bearing contracts and can the Muslim under employment witness such documents?
A: Riba is among the most heinous of sins. In one Hadith it is said that Riba is worse than committing fornication with one’s own mother. Furthermore, Rasulullah (sallallahu alayhi wasallam) forbade Muslims from drawing and witnessing Riba documents. Hence, it is not permissible for a Muslim employee to draw or witness any document which entertains this most vile sin of Riba.
Q: Can Muslims visit homes of Muslims, knowing that these Muslims charge interest (Riba)?
A: Visiting the home of a Muslim relative, friend, etc. with a good Niyyat is a Thawaab- meriting act. If we are to consider the sinful activities of Muslims then we are afraid that none of us are pure of sin. We all have our wrongs, our weaknesses and our sins. If we abstain from visiting a Muslim brother because of his particular sin then we will have to abstain from visiting another Muslim brother because of his sin. If we have to apply such a rule, the logical conclusion would be that we will have to sever all ties with ALL Muslims since no person can claim that he is above sin. However, we must add that if a Muslim openly, flagrantly and rebelliously flouts the commands of Allah and shows no respect for Allah’s Laws then it is better to refrain from associating with such a person, for his rebellious evil is contagious. Another fact to remember is that if you are reasonably sure that the major part of a person’s income or earning is derived from Haraam sources then it is not lawful to eat of his/her food.
Q: Abdul has acquired interest on the R15 000 which was in a savings account. He gives this interest money to a non-Muslim who has some financial problems in his business. The non-Muslim’s business thrives. He repays the loan and gives Abdul a share of his profits. Abdul gives away the interest money to the poor and keep the share of profit given to him by the non-Muslim. Is this correct?
A: It is correct to give away the interest money to the poor. If “sharing the profit” was not arranged between them at the time when Abdul gave the ‘loan’ and no pressure direct or indirect is placed on the non-Muslim to “share” the profit, then it will be permissible for Abdul to accept the “share of the profit” from the non-Muslim. In reality, this is not sharing the profits. It is a gift which the non-Muslim gives to Abdul. However, if Abdul stipulated any condition or made any arrangement of receiving something in return for the ‘loan’ which he made out of the interest money then this “share of the profits” will be Riba and as such Haraam.
Q: The article, VICE ADVERTISED (“Majlis”, Jamadith Thani) has made me realise the wrong of having printed the interest statement on invoices. I am a Muslim businessman and although I do not deal in interest nor charge interest on overdue accounts, I had this un-Islamic sentence printed on my statements without realising the seriousness of the sin. I have a considerable number of such invoice and statement pads. What should I now do with these? Do I have to discard them and print new ones or is there some other way of bypassing this wrong?
A: The simplest way in which to rectify the wrong is to put a line through the offensive statement. There is no need to expend more money in printing new invoice books. Guidance, indeed is from Allah Ta`ala.
Q: Monopoly is considered un-Islamic, yet Muslim businessmen monopolise certain commodities in the economic field. Please comment.
A: Your statement is very vague. Please define what you mean by “monopoly” and furnish specific examples of the types of “monopoly” practised by Muslim businessmen. Only then will we be in a position to elaborate.
Q: A certain Muslim manufacturer charges me “extension charges” for my failure to pay on due date. Such failure by me is not deliberate. Due to unforseen circumstances I was forced to take the extension. I have been told that such charges are riba. What Is my position? If I do not pay this forced riba, my creditor will merely summons me and institute legal action against me. Such legal action will entail more and greater riba in the form of charges, Interest and other legal fees. Should I now pay the R2,14 extension riba charge or refuse to pay it?
A: “Extension charges” are nothing but riba which in the words of Rasulullah (sallallahu alayhi wasallam) is far worse than committing fornication with one’s own mother. The manufacturer concerned is a devourer of great Haraam of the fire of Jahannum as well as an extortionist. Undoubtedly, it comes in the Hadith that the devourer and the payer of riba are partners in the crime, but in your particular case are factors mitigating in your favour in so far as paying the R2,l 4 riba being extorted by the unscrupulous creditor. The Shar`i principle of “lesser and greater evils” will apply in your case. Since, you are left with no alternative, you may pay the R2,14 which is demanded by way of extortion so that you may be saved from the greater riba, greater extortion, and greater loss of wealth by the un-Islamic action which the extortionist (i.e. your creditor) is sure to institute against you for failing to pay the R2,14 riba. In the implementation of his riba and extortion he has the aid of the coercive power of the kuffaar law.
Q: What is the position of a Muslim who became insolvent and as a result could not pay his creditors? Does insolvency cancel the debt owing? In certain cases of insolvency and liquidation the creditors are paid out, say, 10 cents in the rand. Does such acceptance of compromise payment cancel out the debt?
A: Acceptance of such compromise payment by way of the debtors insolvency is not a voluntary acceptance in liquidation of the debt in terms of the Shariah. Such acceptance is like holding a rifle against one’s head and offering a sum in settlement. The creditor in an insolvency case has no option, but to accept whatever comes his way in the final distribution. He has not voluntarily relinquished his claim his Haqq. The Haqq (right and claim) therefore remains. The debt hangs over the head of the debtor as long as it remains unpaid. Insolvency in terms of kuffaar law will absolve the debtor of the debt, but in terms of Allah’s Law the debtor is bound to pay his debt. If after insolvency the debtor is able to pay then the Shariah commands him to pay. If he had the means to pay but refused to pay, taking cover under the insolvency law, then on the day of Qiyaamah, Rasulullah (sallallahu alayhi wasallam) will go to the extent of becoming the advocate of even the kaafir creditor and fight to procure the right of the kaafir usurped by the Muslim in this world. Debt is waived only by payment or the voluntary action of the creditor, and not by western insolvency and company’s act laws.
Q: Foodstuff, e.g. eggs if found to be bad after having purchased it may or may not be returned for refund or for replacement?
A: If the goods were sold in good order then the buyer is entitled to ask for a refund or replacement and the seller will be obliged by the Shariah to conform. But, if the goods were sold ‘as is’ or on the understanding that the risk is the customer’s in the event of defect or fault, then the customer will not have the right to return same for refund or replacement.
Q: How is it to taste an article before buying it?
A: Tasting the article may only be with the consent of the owner.
Q: I have been assured by a certain Muslim gentleman that some forms of endowment schemes concerning Investment in property are free from riba. I wish to invest in this property scheme, but I first would like to be informed by the Ulama if it is lawful for me to do so.
A: Never be misled by the statements of those who claim that the insurance and endowment schemes in vogue are free from riba. ALL such policies and schemes in which building societies and insurance companies deal are riba contracts and as such are Haraam. This particular property scheme you are speaking of too, is Haraam since it involves riba.
Q: I have heard from someone that buying shares in a public company is not permissible. Is this so?
A: To the best of our knowledge it has been established that buying shares in public companies is not permissible according to the Shariah. Such transactions involve riba and many other un-Islamic aspects of trade.
Q: A man bought a house through elevating the price to include the interest on a bond, i.e. the cost of the house (the cash price) was R28 000, and he has made an agreement for R36 000 payable R300 a month. He claims that he is not paying interest. Is it permissible for him to pay a higher price and buy the house in instalments? One of the requirements for the purchase is that he takes out a life insurance policy. Would it be in order to do so?
A: An interest bearing bond is Haraam. If the property was purchased for R36 000, payable R300 per month and no interest-bond was obtained for this purpose, then the sale is perfectly in order and permissible no matter what the cash price was. According to the Shariah it is lawful to sell one’s property for a higher price if on credit. Such higher price will not be riba in Islam. But a bond or loan obtained from a bank, building society or some other agency dealing in riba is not permissible since such a loan or bond is repayable with interest. Hence, if the house was purchased for R28 000 and paid for by means of an interest bearing bond, then the interpretation that the price of the house is R36 000 (R28 000 plus the interest) is not valid. Purchasing in this manner will be Haraam. In this case it is not the purchase price which is repayable at the rate of R300 since it (the purchase price) was already paid by the loan taken. It is the interest bearing loan which is being repaid R300 per month.
(Chapter on inheritance)
Q: A man has three sons, one living and working with him, the other two having very little connection with him. The man is preparing his will and desires to bequeath the greater part of his estate to the son who was always with him. Is this allowed in the Shariah?
A: According to the Shariah it is not permissible to discriminate in the fixed shares allotted by the Shariah to the heirs of one’s estate. Death cancels one’s right of property and ownership. The estate of the deceased has to be distributed in accordance with the Qur`aanic injunctions. In this case the estate after the death of its owner will have to be distributed evenly (i.e. three equal shares) among the three sons. However, the father may during his lifetime make a gift to the son who is with him.
Q: The Shariah permits bequests of up to one third of one’s estate. Is it permissible to make one’s son a beneficiary of such a bequest in addition to the share which he will be receiving?
A: It is not permissible to make any heir a beneficiary of a bequest. It is permissible to make a Wasiyat (bequest) on behalf of only non-heirs.
Q: A woman died and left the following relatives: husband, father, mother, three sons, two daughters, paternal uncle (father’s brother), and paternal aunt (father’s sister). How should the deceased’s estate be distributed Islamically?
A: In this case the paternal uncle and paternal aunt do not inherit from the deceased’s estate. Divide the whole estate into twelfths, i.e. twelve equal parts, and allocate as follows:
Husband: three-twelfths (3/12) or one quarter of the whole estate.
Father: two-twelfths (2/12) or one sixth of the whole estate.
Mother: two-twelfths (2/12) or one sixth of the whole estate.
Three sons and two daughters: to receive balance of estate which is equal to five-twelfths (5/12) of the whole estate. Note that the balance of five-twelfths has to be divided into eight equal shares of which each son receives two shares and each daughter one share.
We illustrate this case by means of an example for further clarification. Let the whole estate be R8400.
Husband’s share = three-twelfths, which amounts to R2100
Father’s share = two-twelfths, which amounts to R1400
Mother’s share = two-twelfths, which amounts to R1400
Balance of five-twelfths which amounts to R3500 to be divided into eight equal shares, each share equalling R437,50. Thus each son receives R875,00 and each daughter R437,50.
Q: A man died and left the following relatives. Wife, mother, father, four daughters, brother, two sisters and maternal grandmother. How should his estate be distributed among his heirs?
A: In this case the heirs are: Wife, mother, father, four daughters.
The brother, two sisters and the maternal grandmother do not inherit from the deceased’s estate. The estate will be distributed among the heirs as follows:
Wife: 3/27 (three twenty sevenths of whole estate)
Mother: 4/27 (four twenty sevenths of whole estate)
Father: 4/27 (four twenty sevenths of whole estate)
Four daughters: 16/27 (sixteen twenty sevenths of whole estate). Each daughter receives an equal share of the 16/27. viz., the 16/27 have to be divided into four equal shares.
Q: A woman died and left the following relatives: Husband, mother, father, sisters, brothers, nieces, nephews, three sons, two daughters and grandmother. How should her estate be distributed Islamically?
A: In this case the sisters, brothers, nieces, nephews, and grandmother are axed from the estate since they do not qualify as heirs. The heirs of the deceased in this Mas’alah are: Husband, mother, father, three sons and two daughters. The estate of the deceased shall be distributed among the Islamic heirs as follows:
One quarter of the total estate to the husband.
One sixth of the total estate to the mother.
One sixth of the total estate to the father.
The balance of the estate which is equal to five twelfths of the whole (after deduction of the husband’s, mother’s and father’s share) is to be divided into EIGHT equal shares, two shares to each son and one share to each daughter.
Total estate of deceased = R12 000
Husband (1/4 = R3 000
Mother (1/6) = R2 000
Father (1/6) = R2000
Balance = R5000 to be divided into EIGHT equal shares, each share = R625.
Each son receives R1 250 and each daughter R625.
Q: A father bequeathed one half of his estate to his one son and the other half to his other sons and daughters to be split evenly among them. Is this Will valid in Islam?
A: This Will is not valid. The father has no right to discriminate in the division of his estate in this un-Islamic manner. The Holy Qur`aan has fixed the shares of all inheritors. The deceased had no Islamic right to administer his property according to his likes and dislikes. Every son inherits the same amount and every daughter inherits half the amount of the son. If the father is alive he must be made aware of his Islamic duties and of the punishment after death so that the Fear of Allah Ta`ala will oblige him to abrogate his un-Islamic Will. If he has already died, it devolves upon the heirs to rectify the un-Islamic Will by mutual agreement. The life of this world and the material gains and pleasures of this earthly existence are fleeting and transitory. The Pleasure and Displeasure of Allah Ta`ala must be our Criterion and Goal in all our affairs. Says Allah Ta`ala:
“The life of this world is but play and amusement: And. the Life Hereafter is best for those who Fear (Him).”
Q: How is the state of the deceased to be distributed if he/she has sons as well as daughters?
A: The son receives twice as much as the daughter.
Q: A woman died. The following are the relatives of the deceased: husband, one daughter, one son, brother, and two sisters. How is her estate to be distributed Islamically?
A: Only her husband, son and daughter will inherit. The brother and two sisters will be excluded. The husband will receive one quarter of the total estate. The balance will be divided into three equal shares. Two shares to the son and one share to the daughter. In other words, the husband receives one quarter, son one half and the daughter one quarter.
Q: A man has excluded his daughters from his Will, arguing that they are married to wealthy husbands. Is this permissible?
A: The man is guilty of committing an act of grave injustice. Regardless of their wealthy husbands, the man has no right to exclude his daughters from his Will. In fact the Will of a Muslim has been decreed by Allah Ta`ala, Himself. Rasulullah (sallallahu alayhi wasallam) said:
“Whoever cuts off the inheritance from an inheritor. Allah will cut him off from the inheritance (Jannat) of the Day of Qiyaamah.”
Q: Does a daughter inherit from the estate of her mother?
A: Yes, she will inherit.
Q: Among the inheritors of the deceased is his pregnant wife. How should the estate be distributed? Does the unborn child also become an inheritor?
A: The unborn child wil also inherit. In this case it is best to postpone distribution of the estate until after birth of the baby so that it is known if the baby is a boy or a girl. However, if the heirs are pressing for distribution of the estate, then the unborn babe should be counted as a boy for purposes of the distribution of the estate. The share of the unborn baby (“boy”) shall have to be kept in Trust (Amaanat). If, then a girl is born, the stipulated share for a girl shall he paid to the baby and the balance be redistributed among the heirs in their respective proportions.
(Chapter on Islamic war)
Q: The war being fought in the Gulf has nothing to do with Islam. The cause is Saddam Husain’s invasion of Kuwait. It is not a fight for the Deen. How can the Mujlisul Ulama say it is a Jihaad?
A: Regardless of the causes of the war, the fight is between Iraq and the kuffaar of the west. Iraq is fighting to save its country from American clutches. The original dispute and invasion of Kuwait by Iraq cannot be cited as justification for the attack by kuffaar on a Muslim country. The American kuffaar with their allies are killing Muslims and are embarked on the decimation of Iraq. There can, therefore, be no doubt in the fact that the present war is a truly Islamic Jihaad. Even if the war is in defence of Muslim territory, it is Jihaad. There are various causes for Jihaad. The highest category of Jihaad will be a war purely for the sake of spreading Islam. A war in defence of Muslim life, land and property is also Jihaad.
Q: Saddam Husain is a cruel tyrant and a brutal dictator. He decimated the Kurdish Muslims and he is responsible for the death of millions during the Iraq-Iran war. How can the Ulama here support him and declare Saddam’s war to be Jihaad?
A: Our declaration of Jihaad is not based on Saddam’s call. It is quite possible that Saddam had described even his invasion of Kuwait as Jihaad. But, we never proclaimed that war of his to be a Jihaad. The current war has been unleashed by America and its allies. It is the result of the attack which the kuffaar have launched against Iraq. Kuffaar are spilling Muslim blood. The declaration of Jihaad which the Mujlisul Ulama made is based on the Qur`aan and the Sunnah. Saddam’s past tyranny against others and his alleged immoral character do not change a law of the Shariah. Only those who have deliberately opted for blindness will conclude that the Iraqi Muslims are not fighting a Jihaad against the American/British invaders. Furthermore, even if the Muslim leader is a faajir (evil and immoral), Rasulullah (sallallahu alayhi wasallam) made incumbent obedience to him in the matter of Jihaad. The Imaam (ruler) being aadil (uprighteous) is not a condition, for the validity of Jihaad. Imaam-e-Faajir also fulfils the requisite condition for Jihaad.
Q: If Saddam withdraws from Kuwait, all the fitnah and corruption will end. Will this not be the right Islamic course to adopt?
A: Kuwait is no longer a negotiable item. Quitting Kuwait is unthinkable. At one time, i.e. in the early stages before the American Invasion, it was an item on the agenda for peace talks. It will now be wrong for Iraq to withdraw from Kuwait if it has the power to hang on. Quitting Kuwait will be tantamount to handing Kuwait to the American kuffar. The ex-Kuwaiti ruler has proven himself totally unfit to rule Kuwait, not because of his personal life-style, but because of him linking up with the kuffaar and conniving at the destruction of a Muslim country solely motivated by selfish worldly interests. It is clear that the Saudi regime and the ex-ruler of Kuwait are American puppets. The degree of American suzerainty over Saudi Arabia and Egypt could be gleaned from the fact that these states have finally agreed to stand in the American alliance alongside Israel even if the latter attacks Iraq. They have fallen to the worst levels of despicability. They now recognize Israel’s right to defend itself against Iraqi attacks while there has all along been consensus of the Ummah that Israel has no entitlement to be a political entity in the midst of the Muslim lands. By conceding Israel’s right to defend itself against Iraqi attack, these Muslim states who have sold Muslims, and the Islamic Cause down the drain, are in actual fact saying that Israel has the right to exist in the land which it usurped from the Arabs with the aid of the kuffaar.
Q: Many Muslims are jointly participating with non-Muslims in anti-war protests. Non-Muslim political leaders address Muslim crowds and speak in support of Iraq’s struggle. What is the Shariah’s view on such mixed protest meetings where Muslim women also attend?
A: It is Islamically not permissible to join such protest gatherings even if organized in support of the Jihaad campaign. It is haraam for Muslim women to join protest gatherings even if the participants are only Muslims. To a far greater degree will it be haraam for them to attend gatherings where even kuffaar are present. Muslims should not protest in conjunction with non-Muslims, i.e. Muslims should not join in such mixed gatherings. We have our own Islamic norms, morality and rules to abide by. Our trust must be in Allah. Our protest must be purely from a Shar`i platform and our methods should not bring about any violations of Islamic Law.
Q: I am an American Muslim serving in the US armed forces like many other Muslims. What is our position in the Gulf war? We have to fight against the Muslims of Iraq. We have been put in a real dilemma. What does the Shariah have to say in our situation?
A: Since Iraq is waging a valid Jihaad against America and its allies, Muslims of the US cannot participate in the American and allied war effort. You have to object and refuse to join the haraam campaign against Jihaad. Like even non-Muslims in America are protesting against the war so too should the Muslims of the U.S vehemently protest and refuse to participate in the aggression against Iraq. It should be made clear to the Bush administration that even if Muslims are conscripted and sent to fight in Iraq, they will not wholeheartedly co-operate in the war. In fact, they will constitute a liability and not pull their weight. In fact, they may be a danger to American interests.
If the argument is put forcefully across to the American government, Bush will get the message that the Muslims cannot be trusted in the war effort in view of their sympathy for Iraq. The Muslims of America should pursue all avenues of objection. They are justified to refuse to join in the army. They are conscientious objectors for which the US constitution, we are sure, makes provision. But, the Muslims should collectively protest and make known their case to Bush. It is haraam to fight the Iraqi Muslim brethren.
Q: The Mujlisul Ulama has proclaimed the Gulf war to be Jihaad. Why did it not declare the Afghan struggle against the Soviet invaders to be Jihaad?
A: On what grounds do you claim that we did not in fact proclaim, the Afghan war to be Jihaad? Please get your facts in order before flinging accusations.
Q: How can the war in the Gulf be Jihaad when Iraq is attacking Saudi Arabia with its missiles and thereby killing and wounding Muslims?
A: Riyaadh in Saudi Arabia is the headquarters of the kuffaar invading force. The acts of aggression against Iraq are being planned and launched from bases in Saudi Arabia. Saudi Arabia has allowed the Yahood and Nasaara (the kuffaar of the west) to utilize Saudi territory for murderous strikes against Iraq. Iraq is, therefore, fully justified according to the Shariah to strike back at the kuffaar and their bases wherever these may be located. In the process if Muslims get killed, Iraq will not be responsible therefor. The Saudi regime will have the blood of the killed Muslims on their hands. As long as the Iraqi intention is not to kill Muslims, but to strike at kuffaar targets in Muslim regions, it will be acting within the ambit of the Shariah. Further, you are speaking about the handful of lives lost in Saudi Arabia as a result of Iraqi missile strikes while you are silent about the thousands which must have been killed by the merciless and massive bombardment which the kuffaar are subjecting Iraq to. Why do you not voice yourself on this question?
Q: When does Jihaad become obligatory on Muslims?
A: Jihaad is Fardh (obligatory) on the Ummah at all times. There never is nor will there ever be a time that Jihaad is not obligatory. The foremost aim of Jihaad is to spread Islam in the world. The Shariah commands Muslims to maintain the institution of Jihaad at all times. Rasulullah (sallallahu alayhi wasallam) said that the day the Ummah abandons this incumbent duty, its fall and decline will set in. The Ummah has long ago abandoned Jihaad for the Sake of Allah, hence it finds itself the underdog of the world. It is the compulsory duty of Muslim rulers to wage Jihaad against the kuffaar whether the latter initiate hostilities or not. The Muslim armies have to be perpetually on the move spreading the Word of Allah and conquering kuffaar countries for Islam. This was what Rasulullah (sallallahu alayhi wasallam) did even in the very initial stage of the establishment of the fledgling Islamic State in Madinah Munawwarah. And, the Khulafa-e-Raashideen continued zealously the Jihaad Campaign initiated by Rasulullah (sallallahu alayhi wasallam). However, since all Muslim governments today are the camp-followers of either the West or East and since these governments are in the control of westernized modernist Muslims whose very Imaan is in doubt, they neither care for Jihaad nor do they possess the ability to wage Jihaad. They are incapable of even defending their sovereignty against kuffaar marauders.
Q: What form of government will the rule of Imaam Mahdi assume? Will he be the ruler of a particular country? What wil1 be the position of the other Muslim rulers and governments under Imaam Mahdi?
A: Imaam Mahdi will be the Ameerul Mu’mineen. He will be a righteous Khalifah and his reign will be Islamic like that of the Khulafa-e-Raashideen. He will rule the whole world. The whole world will come under Islamic domination. In all probability, by the time he appears, there will not remain any Muslim ruler/government. All the lands of Islam will be under kuffaar domination by the time of Imaam Mahdi’s appearance. In fact, kuffaar domination will by that time extend as far as Khaibar, just near to Madinah. Even if there remains any of these tin-top Muslim governments subservient to some kufr power bloc,it will swiftly disappear in the wake of Imaam Mahdi’s advance. The Islamic world will have only a single righteous ruler, viz., Imaam Mahdi. There will be no room for the miserable modernist and deviated regimes of today.
Q: Saddam Husain is a member of the Baath Party which has decidedly irreligious views. In fact, it will not be wrong to say that his party is anti-Islamic. How can his war be a Jihaad?
A: Saddam’s views on Islam appears in an article reproduced later (see after the following two questions). Even if he does not measure up to the standard of the Sunnah, we cannot say that he is anti-Islamic. Senior Ulama of Pakistan who have personally met and discussed with him testify that he subscribes to the beliefs of the Ahlus Sunnah. This is sufficient for us. Beyond this we are not responsible. We cannot look into his heart and we cannot proclaim him an unbeliever because of his membership of the Baath Party notwithstanding the un-Islamic articles and direction of these secular parties. The views stated by him (as appearing in the article below) portrays him as a sincere Muslim. Let us make dua that Allah Ta`ala guides him and makes him an upholder and a champion of the Sunnah.
Q: What do you say now that Saddam is murdering Muslim Kurds and driving them from their homes in thousands? Have you not erred in having said that his war was a Jihaad?
A: No, we did not err. The war which was between American-led kuffaar and Iraq was a Jihaad. We do not believe that he is murdering Muslim Kurds nor is he driving them from their homes
Q: When it is Jihaad in one Muslim country, will it be incumbent on all Muslims to participate?
A: No, it will not be incumbent for all Muslims to participate. When the people of a country waging Jihaad require aid, it will be obligatory on the Muslims closest to them to provide such aid. If those nearest to them lack the means or shirk in the obligation, then the duty will devolve on those who are the closest and so on, from one country to the other.
Q: Not a single Islamic country came out in support of Saddam. If the war there was a valid Jihaad, surely these Islamic countries would have helped. Please comment.
A: While there are a multitude of Muslim countries, not a single country has an Islamic government. Every government of every Muslim country is a pro-west, corrupt and un-Islamic government. In fact, these corrupt governments headed by westernized modernists suppress the Shariah and follow the west in every aspect. It is, therefore, wrong to say that they are ‘Islamic’ countries. The rulers of these countries being devoid of true Islamic sentiments even connived at the destruction of Iraq and the murder of thousands of Muslims. There is nothing surprising in their refusal to come to Iraq’s aid.
Q: A well-known Mufti has spoken of Saddam Husain’s doubtful Imaan. He doubts whether Saddam is a Muslim. When it was mentioned to him that Saddam was seen making Tawaaf of the Ka`bah as well as performing Salaat, he said that these are not proof of Imaan. He further added that if Saddam should be victorious he may commit many un-Islamic deeds. Please comment.
A: The Mufti Saheb has erred grievously in his comments on Saddam Husain. Perhaps you misheard or misunderstood the Mufti Saheb. It is inconceivable that a true Mufti can say the things attributed to him in the question. As long as there are no clear-cut statements or acts of kufr coming from a person, his performance of Salaat, Tawaaf and other exclusive acts of Islam are proof of Imaan. No one knows what is in the heart of others. Saddam‘s Imaan cannot be doubted on the grounds of his fisq (transgression of the Shariah). Almost all Muslims are involved in some degree of fisq and fujoor. If Saddam’s Imaan is in doubt because of his fisq and fujoor, then by the same token the Imaan of all other Muslim leaders and rulers, in fact the Imaan of the entire Ummah is in doubt. Saddam cannot be singled out for such doubt. It is indeed a very serious sin to cast doubt on a man’s Imaan when he adheres to the Shar`i acts of Ibaadat and when he proclaims himself a Muslim. Yes, if there are known acts and statements of kufr which a person makes, then only can he be branded as a kaafir even if he performs Salaat and goes for Hajj.
As for his possible commission of ‘anti-Islamic acts’ should he have been victorious, it must be said that the allegation is not befitting a man of Ilm. Almost every Muslim ruler and government are guilty of un-Islamic, anti-Islamic and evil acts. With the aid of kuffaar, Kuwait and Saudi Arabia have emerged ‘victorious’, but they are guilty of many un-Islamic and anti-Islamic acts. What a person may or possibly do in the future cannot be held against him in the present time. His possible future acts have nothing to do with the present conflict.
Q: A certain Sheikh said the war in Iraq would have been a Jihaad only if Musjids were also bombed. Since the allies did not attack Musjids, it was not a Jihaad. Is this reasoning correct?
A: His reasoning is utterly baseless and stupid. Of greater importance than Musjids are Muslims. A Muslim human being is greater value in Islam than a Musjid. Further, this sheikh has presented a stupid figment of his imagination. There is absolutely no Shar`i support for his baseless opinion.
Q: The sheikh also said that as long as the attacking kuffaar do not prevent Muslims from Salaat the war will not be Jihaad. Please comment.
A: It appears that this man is a ‘sheikh’ only in name. He cannot be possessing proper Deeni Knowledge. His claim is stupid and has no foundation in the Shariah. When the kuffaar attack Muslims, the ensuing war is undoubtedly a Jihaad.
Q: Is it permissible to enlist non-Muslims in a Jihaad?
A: Under certain conditions it is permissible.
Q: It has been reported that Saddam Husain has said that one of his mistakes was not to have attacked Saudi Arabia in the beginning. If he had, the outcome of the war would have been different. Please comment.
A: If the report attributed to Saddam is correct, then he was speaking from the military vieszpoint, not from the Shar`i angle. After having invaded Kuwait, the question of invading Saudi Arabia as a pre-emptive measure to thwart the impending invasion by the forces of imperialism led by America, cannot be answered off-hand. Many factors of which we have no first-hand knowledge have to be considered before a proper evaluation in the light of the Shariah can be made of this hypothesis. However, from the purely military angle, it seems that Saddam made a tactical error by not invading Saudi Arabia and by waiting for the kuffaar to attack. He should have attacked long ago while the kuffaar were still engaging in their troops build-up. If he had attacked in full force as the kuffaar entered the Gulf, he would have caused havoc with devastating casualties in lives and equipment to the coalition forces even though the outcome may finally have been against him. Nevertheless, his defeat would not have been so humiliating as it is now. The duty of the airforce is to fight, not to be concealed in Iran. A fight to the finish —to the bitter end— would have been a far honourable and glorious proposition than the present humiliating situation where the forces of kufr are still occupying large parts of Iraq and are dictating humiliating conditions which Iraq has just got to accept.
Q: One learned man said that the Hadith , ‘Al-Qaatilu wal maqtool finnaar’ applied to the Gulf war, hence it was not permissible for Muslims to have participated. Is this view correct?
A: The translation of the Hadith is: “The killer and the killed will be in the Fire.” It is not correct to claim that this Hadith applies to the Gulf war in which the American-led kuffaar attacked and murdered Iraqi Muslims. Since the war was between Kuffaar and Muslims, the Hadith does not apply to the Gulf war. If the fight was between only Muslims (Iraq and Kuwait), then it could be said that the Hadith may apply to such a situation.
Q: One Aalim says that Saddam Husain is a Mulhid and should not be supported.
A: A Mulhid is a kaafir. A person who claims to be a Muslim but subscribes to one or more kufr beliefs is termed a Mulhid in the Shariah. The one who avers that Saddam Husain is a Mulhid will have to brand almost every Muslim ruler as Mulhid. As far as Saddam Husain is concerned we have thus far not heard of any kufr beliefs attributed to him although we have heard many unconfirmed and unreliable reports of fisq committed by Saddam. On the contrary, there are reliable and confirmed reports of kufr acts and laws enacted by the Muslim governments of some Muslim countries. The Aalim who claims that Saddam Husain is a Mulhid should provide reliable reports and proper Shar`i grounds for his accusation. Also, he should be asked for the reason for singling out Saddam for this epithet. Why not the others as well? It is not befitting for a Muslim to behave so negatively and attempt to decry Iraq’s stand against the American-led coalition. No matter what has transpired and no matter how much Saddam may have erred by his invasion of Kuwait, it was expected of all Muslims to unitedly support him on his brave stand against the combined might of kufr attacking Muslims under the command of America, the leader of the Shayaateen. In times of distress, Muslims are supposed to come to the aid of their brethren, not to stand at a distance like cowards pointing accusing fingers in womanish style at the brother embroiled in a life and death struggle against the armies of Iblees. If there is a Shar`i need to renew our mutual disunities and disputes for the sake of Haqq, then this could be done after the common danger has passed by. The fight was between Iraq and a world of kuffaar savagely attacking, killing and destroying Muslims. How callous can a Muslim become and how degenerate a level can he fall to hurl evil epithets at a brother who is in the process of being murdered by the enemies of Islam?
Q: How could the Gulf war have been a Jihaad as you claim? Saddam Husain is corrupt. He perpetrates heinous atrocities against the Iranians. He has just used religion to gain the support of the Muslim masses. His wars can never be Jihaad. What is your proof for saying that Iraq’s war was a Jihaad?
A: Your letter makes it abundantly clear that you are totally ignorant of the Shariah. You not only lack Islamic Knowledge, you in addition are bigoted, dense in the understanding and incapable of comprehending what you read. We have explained very clearly in simple terms why the Iraqi war was a Jihaad. If you are too stupid to understand or if you are biased against Saddam Husain, we cannot make you understand. The issue is not one pivoting on Saddam. But, you are incapable of understanding. It is, therefore, best to say Salaam to you.
Q: In the Gulf war Iraq fired many Scud missiles into Israel killing civilians, including old people, women and children. Does Islam permit this against the enemy?
A: Islam does not allow killing of civilians, especially old people, women and children. While this is the ruling of the Shariah, we do not say that it applies to Iraq’s missile attacks against Israel as we are not aware of the targets intended by Iraq. If the intention was to strike only military and allied installations, not ordinary people, then the missile attacks were fully justified and necessary. If the intention was to kill civilians, then it was wrong un-Islamic and not permissible. Since we do not know of the Iraqi intentions and since we cannot accept the biased and unreliable reports of the western media, we cannot authoritatively comment on the Iraqi missile attacks.
Q: The Qur`aan forbids fleeing from the battlefield. How will you interpret the Iraqi retreat from the battlefield in the light of this Qur`aanic prohibition?
A: The very same Aayat which forbids fleeing from the battlefield, permits ‘fleeing’ for a valid reason, e.g. to link up with the main army or to re-inforce a weak point in the defence or to defend more important places which the enemy is targeting. The Qur`aanic prohibition applies to fleeing because of fear. It is, undoubtedly, haraam to flee from the battlefield because of the fear of death or for the fear of the enemy. The real reasons for Iraq’s sudden and hasty withdrawal from its defensive positions in Kuwait are not known to us. We, therefore, cannot categorically claim that Iraq’s retreat was fleeing in fear from the battlefield. Our own reading of the situation is that Iraq realized too late
that the main thrust of the American attack was directed at Iraq itself, not at troops dug-in in Kuwait. The troops had, therefore to be hastily withdrawn under hazardous conditions, to defend Iraq itself. The choice was between Iraq and Kuwait. We therefore do not interpret Iraq’s withdrawal as ‘fleeing from the battlefield’.
Q: If the war in the Gulf was a Jihaad, why did Iraq lose so disastrously? If it was a Jihaad, Divine Aid was expected to be on Iraq’s side. But such Aid did not materialize. The war being a Jihaad is doubtful.
A: There is no doubt in the fact that in terms of the Shariah the Iraqi war was a Jihaad. Divine aid for every Jihaad campaign is not necessary. Islam does not claim that Allah’s Nusrat will be with everyone who wages Jihaad. While the Iraqi war was a Jihaad, it was shorn of barkat. There was no Nusrat, hence the severe set-back suffered by Iraq. The Jihaad was deprived of Allah’s Aid because of a number of factors which we shall not discuss here.
Q: During the Gulf crisis a number of rumours was circulating about dreams in which Rasulullah (sallallahu alayhi wasallam) appeared. All the dreams reported by different people were supportive of Saddam Husain. If Rasulullah (sallallahu alayhi wasallam) did in fact support Saddam Husain in the dreams as reported by various people, including the Imaam of Musjid-e-Nabawi, then how is it that Iraq was so badly defeated by the kuffaar?
A: Firstly, all the rumours in this regard were unsubstantiated. The reliability of the reports has never been confirmed. Secondly, if the reports are true, it does not follow that Iraq had to be victorious in this conflict. None of the reports about dreams which we have heard and read states that Rasulullah (sallallahu alayhi wasallam) declared that Iraq would be victorious in this conflict. If the reports are true, they merely serve to convey that the Iraqi war was a Jihaad and those who supported the kuffaar in the devastation of Iraq are in the wrong.
There is also a tendency among people to fabricate dreams in support of their leaders and cause. One cannot therefore, form any accurate conclusion on the basis of such rumours.
Q: The question I am asking is purely out of interest. It did not apply to South African Muslims, but did concern American Muslims serving in the United States armed forces. If South Africa had also been part of the America-led coalition against Iraq and there were Muslims in the South African army, what should have been their stand as Muslims? Would it have been permissible to fight against Iraq?
A: Never would it have been permissible for the Muslim soldiers serving in the South African army to take up arms or serve in any other capacity of the army in the coalition against Iraq. The Shariah’s command is clear on this issue. The Muslims in the South African army would have been obliged to refuse orders to fight against Iraq. They would have to face the consequences of their refusal. Whether it be jail or execution, it will be acceptable. But, fighting against Muslims will never be permissible. If Muslims in such a situation are forcibly transported to the fighting zone, they would be under obligation to defect to the Muslim army facing them. The Shariah will not allow then to even defend themselves against the Muslim army which they are supposed to fight under kaafir command.
Q: You have exhorted Muslims to fight for Saddam. Are the beliefs of Saddam Husain and party in keeping with Islamic beliefs?
A: We should ask you: Are his beliefs such beliefs of kufr which render him beyond the fold of Islam? We have made no investigation of his beliefs nor do we have any intention of so doing. If you have conclusive proof that he is not a Muslim then you should furnish your irrefutable proof. Furthermore, it is not a question of fighting for Saddam. The war there was a Jihaad on the basis of the Shariah. Saddam’s character is not the issue in this ruling of the Shariah. Everyone presenting arguments against Iraq seems to be missing the main point, viz., the war is between Iraq and the American-led kuffaar.
Q: Will the recent assassination of the Algerian President come within the ambit of Jihaad?
A: Although there exists a valid case for despatching all these westernized munaafiqeen and atheists to Hell-Fire, the deed of assassination will be upheld by the Shariah as a valid act of Jihaad only if the order was issued by an Ameer in charge of the Jihaad movement in that country. While all Muslims concerned with the plight of the Ummah will feel an emotional state of satisfaction and derive pleasure from every set-back which the western puppets in Muslim countries suffer, Shar`i legality cannot be accorded to an act of assassination and sabotage if executed by an individual acting without the command of the Ameer in charge of the Jihaad movement.
Q: What is the situation of the Jihaad movement in Afghanistan? The declared objective of the Mujahideen for years was the creation of an Is1amic state. Has such a state been established now that the communists have been defeated?
A: An Islamic state has not been established in Afghanistan. The situation there remains obscure and a state of confusion prevails. The basic problem is that a military success has been achieved after years of struggle without the achievement of spiritual and moral elevation. Since the Islamic moral and spiritual spheres have become largely neglected, this rot is now manifesting in the aftermath of the military victory. The web of kuffaar conspiracy has already been laid in Afghanistan. The West is feverishly working to undo the noble victory of the Mujaahideen. May Allah Ta`ala save Muslims from the pernicious plots of the kuffaar. But, such aid can only be expected when Muslims neutralize the schemes of their own nafs. Failing to do so, makes them vulnerable to the intrigue and conspiracy of the kuffaar.
Q: Please comment on the reported infighting which has erupted in the ranks of the Afghan Mujahideen.
A: The group which is fighting for the Haqq — for the establishment of a Shar`i State has valid reasons to pursue the struggle against those who are compromising with the forces of zulm and the west. The group on the Haqq is Islamically justified to pursue the struggle against its deviate brethren.
(Chapter on Burial)
Q: It is said that the Muslim who dies on a Friday is exempted from the questioning in the grave. Is this true?
A: Rasulullah (sallallahu alayhi wasallam) said: “A Muslim who dies on the day or the night of Jumuah (Friday) will be saved by Allah from the fitnah of the grave.” (Mishkaat)
In Sharhul Mirkaat it is stated that the “fitnah” of the grave refers to the punishment and the questioning of Munkar and Nakeer in the grave.
Q: Is it permissible to write the Kalimah or any Qur`aanic verse on the Kaffan of the dead?
A: In the Kitaab, Raddul Mukhtaar it is recorded that writing the Kalimah on the Kaffan is not permissible.
Q: Does the rooh (soul) of the deceased person visit his/her home?
A: The Rooh of the dead does not return to this abode for visits. One should not entertain such a belief.
Q: How should a stillborn baby be buried?
A: The stillborn baby shall be given ghusal, wrapped in a cloth and buried. However, no janazah Salaat is performed. (Hidayah)
Q: How is it to transport the deceased from one city to another?
A: The mayyit (deceased) should be buried in the place where he died, viz, the Qabrastaan of the place. In Fataawa Alimghiri it is stated that to transport the body from one city to another is not permissible.
Q: Could Janaazah Namaaz and Sajdah Tilaawat be made after Asr Namaaz?
A: These could be performed prior to the sun’s rays becoming dull. Once the rays of the sun become dull then neither Janaazah Salaat nor Sijdah Tilaawat can be performed.
Q: How is it to delay time performance of the Janaazah Salaat and burial of the Mayyit (deceased) in anticipation of a big congregation?
A: It is stated in Durre Mukhtaar that to delay the performance of the Janaazah Salaat and the burial in anticipation of a big Jamaat is Makrooh Tahrimi which means an act which is forbidden.
Q: Is it permissible for strange women (ghair mahaarim) to sit around the mayyit (deceased) who is a male and make tilaawat of the Holy Quraan? They make this tilaawat after the dead has been given ghusal?
A: It is not permissible for such women to gather at the body of the deceased male and recite Qur`aan Shareef there. Once ghusal has been given it is permissible to recite Qur`aan Shareef by the mayyit. However, the Islamic laws of Hijaab (seclusion) do not permit strange women to gather at the mayyit’s home to make tilaawat by the body. This applies to men as well. In other words men too are not permitted to gather around the female mayyit to recite Qur`aan Shareef. The Shariah commands observance of strict Purdah even for the dead hence, when the female mayyit is about to be lowered into the grave, the body despite being totally enshrouded in five different garments is covered with a sheet so as to conceal it from the males present at the graveside.
Q: Is it permissible for the husband to see his wife’s face alter she has died or vice versa?
A. It is permissible.
Q: Is it permissible to organize a ‘khatam’ on a fixed day for the dead and after recitation to serve ‘kheer’ (a kind of rice porridge)?
A: This custom of stipulating any particular day for ‘khatam’ as well as the serving of ‘kheer’ on such occasions is a ‘bida’ (innovation). It is not permissible to participate in such customary innovated ‘khatams’. Besides the factors of fixing a particular date and serving sweetmeats, there are other un-Islamic factors attendant to these un-Islamic bida’ practices.
Q: It is usual for many people to go to the house of the deceased after burial on the same day or after a few days to offer condolence. Those who did not attend the funeral make faatehah at the home of the deceased. Some prayers are recited and the faatehah is terminated by raising the hands and making dua. Is this procedure correct?
A: This is a customary practice not found in the Sunnah of Rasulullah (sallallahu alayhi wasallam). It is permissible for people to go to the home of the mayyit to offer condolence. This period of condolence according to the Shariah is only three days for the local people. Those who do not live nearby could visit the relatives of the deceased to offer condolence even after the three days have expired.
Q: According to the Sunnah is there any special faateha to be recited when taking the mayyit (deceased) from the house?
A: The only Sunnah Dua for the deceased is the Salaatul Janaazah. The customary “faatehas” are innovated practices which have no origin or sanction in the Sunnah. It is necessary to refrain from these practices.
Q: Is it Sunnat to call the Azaan after burial?
A: It is in fact an evil innovation warranting punishment. The Sunnah of Rasulullah (sallallahu alayhi wasallam) and of the noble Sahaabah does not permit this innovation.
Q: What do you think about “chahaarum”, “chaaliswa”, etc. practices for the souls of the dead?
A: These practices are un-Islamic innovations. The souls of the dead do not obtain any Thawaab from the observance of these un-Islamic innovated practices. These are practices taken from idolatrous religions. Neither Rasulullah (sallallahu alayhi wasallam) nor his illustrious Sahaabah ever ordered or practised these customs.
Q: Is it permissible to perform Janaazah Salaat for a person who has died by suicide?
A: The Janaazah Salaat has to be performed for a person even if he/she has committed suicide.
Q: How is it to read any dua or faatehah after the Janaazah Salaat?
A: The Janaazah Salaat in itself is a DUA for the dead. The Shariah has decreed no other dua after the Janaazah Salaat. Our Nabi (sallallahu alayhi wasallam), his noble Sahaabah and all the great Fuqahaa and Auliyaa did not teach us to execute a dua after the Janaazah Salaat. However, despite the clear example of Rasulullah (sallallahu alayhi wasallam) and of his Sahaabah on this matter, there are many people who have instituted a dua after the Janaazah Salaat as a compulsory practice and custom. This is a gross innovation of evil. It is the commission of an excess in the Law of Allah. It is necessary to refrain from this wrong practice of making dua after Janaazah Salaat. In accepting this practice as a custom of Islam we are indirectly saying that the dua of Islam for the dead (i.e. the Janaazah Salaat) is insufficient for the occasion, hence the need to complement it with our own introduced practice of dua. During the time of Rasulullah (sallallahu alayhi wasallam) the people died as they are dying today, and they were buried as they are being buried today. Rasulullah (sallallahu alayhi wasallam) and his Sahaabah performed the funeral rites and taught the Ummat the way of performing the funeral rites. Which Muslim is then so audacious and so gone astray to say that the funeral rites taught to us by Rasulullah (sallallahu alayhi wasallam) are insufficient? He who wishes to make additional dua for the dead is at liberty to do so. Islam does not prohibit the individual from making more and more dua for the dead, but Islam strictly prohibits the transformation of an individual’s personal practice into a practice of the Shariah. No person has the right to hoist onto another his own practices. Only the Sunnah shall be hoisted upon the Ummah and emphasised upon the Ummah.
Q: If a person who is in the state of janaabat (greater impurity) dies, how is ghusal to be given? Will one ghusal suffice or shall two ghusals be given one for janaabat and one for the mayyit?
A: One ghusal will suffice, but if the deceased was in the state of janaabat then water will have to be put in the nostrils as well as the mouth rinsed.
Q: It is said that according to the Hanafi Madh-hab the husband cannot give ghusal to his deceased wife. Assuming that there are no females available to give ghusal, who shall execute this task?
A: If there is no woman available to carry out this duty of ghusal then some “mahram” (e.g. brother, father, son, maternal uncle, etc.) will give Tayammum to the dead. Ghusal shall not be performed in this case. And, if a “mahram” too is not available then a non-mahram (any other male) with gloves on shall administer the Tayammum to the deceased.
Q: Is it permissible for the husband to look at his deceased wife?
A: Yes, it is permissible.
Q: Could the hair of the mayyit be combed after ghusal has been given? Could surmah be applied to the eyes of the mayyit?
A: It is not permissible to comb the hair of the deceased nor is it lawful to apply surmah.
Q: Who shall give ghusal to a hermaphrodite? (Hermaphrodite known in Arabic as “Khunthaa Mushkil” a person with male and female organs)
A: There is no ghusal for a “khunthaa mushkil”. Tayammum applies to such a person.
Q: What does the Shariah say about transporting the deceased from one town to another for burial? Nowadays when someone dies away from home, the relatives insist that the body be brought for burial to the mayyit’s home town.
A: This is not permissible.
Q: Is it permissible for Muslims to attend funerals of non-Muslims?
A: It is not permissible. Allah Ta’ala states in the Qur`aan Shareef:
“And, never say any prayers over any of them (the Kufaar) who dies nor stand at his graveside. Verily, they have rejected Allah and His Rasool and they died while they were unbelievers.”
The Tafseer of this verse is that it is not lawful to participate in the funeral of a non-Muslim. Following in the funeral procession of non-Muslims is in fact participation in the funeral of non-Muslims which Allah Ta’ala has prohibited.
Q: A group of us visiting the cemetery practiced as follows: One of the group recited some portions of the Qur`aan Shareef while the others listened. After recital he made dua for the dead as well as for the living with hands raised. Is this procedure correct?
A: It is best not to raise the hands when making dua in the Qabrustaan as this may convey the impression to non-believers that we are praying to and asking from the dead. It is for this reason that Imaam Abu Hanifah (rahmatullahi alayh) teaches that the hands should not be raised in the graveyard when making Dua. Further, reciting any part of the Qur`aan Shareef in the Qabrustaan and making dua on behalf of the dead and the living are in order and correct. However, it is best that each person recites something silently instead of one person reciting loudly and the others listening. This applies to the Qabrustaan and not elsewhere.
Q: A person dies in one country. Is it permissible to transfer his body for burial to another country a few thousand miles away?
A: This is not permissible.
Q: Is it permissible for women to visit the cemetery?
A: It is not permissible.
Q: Is the dead notified of the person who performs some good act as “Isaal-e-Thawaab” on his (the deceased’s) behalf? Does the dead learn of the person who has sent forth the gift of Thawaab to him/her?
A: It has been authentically narrated that an angel informs the dead of the person who has forwarded the Thawaab by his/her performance of good acts on behalf of the dead.
Q: Is it permissible to insert in the Kafan of the dead some verses of the Qur`aan written on a sheet of paper or cloth?
A: It is not permissible.
Q: How is the funeral service (Kafan, Janaazah Salaat, etc.) of a stillborn babe to be carried out?
A: The baby born dead shall be wrapped in a cloth and buried. Janazah Salaat is not performed for it nor is the normal kafan method adopted.
Q: How is the funeral service of a baby who dies immediately after birth to be observed?
A: The babe shall be bathed (ghusal given to it), normal kafan given; and Janazah Salaat shall be read.
Q: If before the Eid Salaat is performed a Janaazah is brought, then which Salaat shall be read first the Eid Salaat or the Janaazah Salaat?
A: The Eid Salaat shall be performed first, then the Janaazah Salaat, and after the Janaazah Sahaat, the Eid Khutbah. The Eid Khutbah will be delayed until the Janaazah Salaat has been read.
Q: A woman died and at the time of Janaazah Salaat both her husband and father were present. Whose right is it to have the Janaazah Salaat performed?
A: The father is her wali and it is his right.
Q: What has to be done in the event the dead body was buried without ghusal and without Janazah Namaaz?
A: The Janaazah Salaat will be performed at his graveside.
Q: Many people delay the Janaazah Salaat in anticipation of the arrival of a big crowd. Is this practice in order?
A: In Durrul Mukhtaar the following is recorded about this delaying practice:
“It is Makrooh Tahrimi,( i.e. detested and not permissible) to delay the Salaat and the burial of the deceased so that a big congregation perform the Salaat.” From the aforegoing it is clear that this practice is un-Islamic.
Q: Is it permissible for Muslim men and women to attend the funeral of non-Muslims to the graveyard?
A: For a Muslim woman it is not even permissible to go to the graveyard for the funeral of even her husband, father or son. To a greater degree will the prohibition apply to her in so far as non-Muslims are concerned. It is not permissible for Muslims — male and females — to attend the funeral of non-Muslims, i.e. it is not lawful for them to accompany the funeral procession to the cemetery nor participate in any church or temple service.
Q: My landlord is a non-Muslim man. The argument of attending his funeral service occurred. It was said that since he was a close acquaintance I should pay my respect by going to his home and following the funeral procession. How should I have paid my respects? Is my going to the graveyard to pay my respects permissible?
A: It was not permissible for you to accompany the funeral procession to the graveyard. Many Muslims nowadays ignore this prohibition and participate in the funeral service of non-Muslims, not out of any sense of respect, but because they feel that the relatives of the dead person with whom they had associated will be offended by their absence. People tend to regard such non-participation in funeral service as bad behaviour. But, in reality such non-participation is not the result of any bad behaviour or hatred. Religion and Faith to Muslims are of fundamental and vital importance. Destruction and loss of wealth are of no significance in comparison with loss and destruction of Faith. Loss of friendship and the scorn of people are totally unimportant if such loss is occasioned by a Muslim’s execution of the Command of Allah Ta`ala. Islam recognizes ONLY two classes of human beings, viz. Mu`min and kaafir. In Islam the division of mankind into classes is based on CREED, on FAITH. The non-Muslim has his religion and his customs. The Muslim has his religion and customs. If trinity or alcohol or pork is permissible in the non-Muslim religious code, it does not follow that Muslims should accept these and participate therein in deference to their non-Muslim friends and associates. They have their way of life — we have ours. What may be good to them may be evil to us and vice versa. The Qur`aan Shareef commands that we abstain from participating in the funeral service of non-Muslims since they died in the state of kufr. When in our Faith it is not bad behaviour if the wife does not attend the funeral service (at the Musjid and Qabrustaan) of even her husband then by what logic would it be bad behaviour if she does not attend the funeral of non-Muslims? Death is the end of hope. While there was life, the hope of Imaan existed. With death in kufr, the hope of Imaan is extinguished. Hence, upon death in kufr Islam commands total dissociation from the non-Muslim, for he no longer is the friend of the Muslim. He is the enemy of Allah since he died in kufr, and the enemy of Allah is the enemy of every Mu`min.
The argument of ‘How do we know if he died in kufr or Imaan?’, is not relevant here since we are not responsible for what exists in the heart. If the one who was a non-Muslim throughout life, but due to the Wisdom and Mercy of Allah Ta`ala, was blessed with Imaan in the final stage of life, but such Imaan remained concealed, then we are not bound by such concealed Imaan. Allah will take care of the mayyit. We are bound by the Ahkaam (laws) of the Shariah which orders this prohibition to participate in the funeral service of the kuffaar.
KITAABUZ ZABAAHE / UDHIYA
(Chapter on Animal Slaughter- ALSO included here are Masaa`il on Qurbaani)
Q: Which veins of the animal have to be cut in order to render it Halaal?
A: The Sunnat method is to sever the following four passages: (i) Hulqoom or the windpipe, (ii) Mar’ee or the gullet, (iii) and (iv) Wadjaan or the two jugular veins.
According to the Hanafi Madhab at least three (any three) of the above mentioned four passages have to be cut. If only two are severed the animal will become Haraam. And, according to the Shafi Madh-hab it is essential to cut the Mar’ee and the Hulqoom. If these two passages are not severed the animal will be Haraam according to Shafi Madh-hab.
Q: Is it permissible to make Qurbaani of an animal whose tail has been cut off?
A: If one third or more of the tail is cut, it is not permissible to offer such an animal for Qurbaani.
Q: Is it Waajib to offer two goats in the Aqeeqah of a boy?
A: It is not Waajib. If one is not by the means to offer two goats, one will suffice. However, if one can afford two then one should not forgo the tremendous Thawaab of carrying out the Sunnah practice of offering two goats as Aqeeqah for a son.
Q: A certain Maulana said that sheep with tails cut should be offered for Qurbaani and Aqeeqah. I was always under the impression that animals with their tails, ears, etc. cut could not be sacrificed on the occasion of Eidul Adhaa. What is the correct Islamic version?
A: The respected Maualana Saheb has erred in stating that Qurbaani of sheep with tails cut is valid. It is not permissible to make the Qurbaani of animals with tails cut. The sacrifice of such animals is not valid. With due respects to the learned Maulana Saheb and with all humility we feel that he should retract his view.
Q: Is it permissible to give Qurbaani meat to non-Muslims?
A: It is permissible.
Q: In the area wherein I am living I could not find any sheep with their tails uncut. I required the sheep for Qurbaani. I tried many farmers. The farmers explained that the sheep had their tails cut due to a sickness in the animals. Is it permissible to make Qurbaani of such sheep with their tails cut?
A: It is not permissible. If a third or more of the tail is cut, the Qurbaani of such an animal will not be valid. Since you did not offer the Qurbaani you have to donate the price of the animal to the poor (i.e. if the Qurbaani was Waajib upon you).
Q: Although by the means, I did not offer the Waajib Qurbaani for a number of years. What should I now do?
A: You should repent and seek Allah’s pardon and give out the amount (which you would have spent in your Waajib sacrifices) in charity.
Q: Is it permissible to shoot wild animals such as buck and then slaughter them? It is necessary to shoot them in order to catch them. In shooting, bullets are used.
A: If the animal shot with a bullet is alive when slaughtering, it will be Halaal.
Q: Is it permissible for a Muslim lady to make zabah?
A: It is permissible.
Q: In the past I have been making my Qurbani by sacrificing a cow which according to the Shariah has seven shares. I also included in it the Qurbani of my wife, my late mother or some other relative and of Rasulullah (salallaahu alayhi wasallam). I have now been told that it is not permissible to make Qurbani on behalf of Rasulullah (sallallahu alayhi wasallam) or any deceased in the same animal which I am offering as my Qurbaani. I have been told that a separate animal has to be sacrificed for Rasulullah (sallallahu alayhi wasallam). Is the Qurbani which I had made in the past in this matter valid? If not, what should I do to remedy the wrong?
A: A cow has seven shares in it for Qurbani purposes. Hence, its sacrifice could be made on behalf of seven persons regardless of whether these are alive or dead. But, it is not permissible to include more than seven persons or stipulate more than seven shares in the Qurbani cow. The Qurbani which you made on behalf of yourself, Rasulullah (sallallahu alayhi wasallam), your wife, deceased mother, etc. is valid in the same cow, but as mentioned, only to the extent of seven shares.
Q: If the entire neck of a fowl is severed while slaughtering, is the animal Halaal? Bismillahi Allahuakbar was recited when slaughtering.
A: Yes, the animal is Halaal, but one should be careful not to sever the whole head as this is contrary to the Sunnah practice.
Q: When slaughtering a chicken in the Islamic manner can the knife pass over the neck more than three times?
A: The Islamic method of slaughtering an animal consists of cutting with a very sharp knife, swiftly severing the four vessels, viz., the gullet, windpipe and the two jugular veins. The number of times of passing the knife over the neck of the animal is not a stipulation. However, the Zaabih (slaughterer) should ensure that his knife is so sharp that he secures the cutting of the required four vessels with a single stroke of the knife. Repeating the strokes more than once is to ensure that none of the veins or vessels remained uncut.
Q: Can Qurbaani meat be given to non-Muslims?
A: According to the Hanafi Math-hab it is permissible to give Qurbaani meat to non-Muslims as well, but according to the Shaafi Math-hab it is not permissible.
Q: We have learnt that at Rainbow Worcester (Cape) a machine is now slaughtering chickens. What is the position now? Have the chickens there been branded Haraam?
A: The chickens there and elsewhere in the country have all along been branded as Haraam by the Mujlisul Ulama of South Africa. The chickens of Rainbow and all other chicken processing plants in South Africa have been Haraam even when Muslim slaughterers were doing the slaughtering. Such a machine has now been introduced even at the Natal Rainbow plant. All the chickens processed in South Africa are HARAAM.
Q: I have been told that it is disrespectful to sleep with one’s feet towards the Qiblah. What is the Islamic ruling?
A: It is Makrooh Tahrimi (forbidden) to sleep with the feet pointing in the direction of the Qiblah.
Q: Does the Shariah allow organ transplantation?
A: Organ transplantation is not permissible in Islam.
Q: Why is it that only the Ulama of India and Pakistan condemn television as Haraam?
A: Your claim is baseless. Have you taken a survey of the opinions of the Ulama of the world or are you merely gorging out what you have swallowed from the platter of the modern “mujtahids”?
Q: Is trade in musical instruments, e.g. guitars, musical records, pianos, etc. permissible in Islam?
A: Islam does not permit buying or selling of musical instruments as this constitutes aiding and abetting a crime.
Q: Can I establish a charity trust account in the bank and use the interest money for non-Muslim charity such as community chest, schools, bursaries, hospitals, clinics, etc., and retain the capital for Muslim charity?
A: Rasulullah (sallallahu alayhi wasallam) said that to give charity from unlawful earnings is like washing clothing with urine, i.e. instead of purifying, urine increases the impurity of the cloth. Interest (which is a form of Riba) is strictly unlawful, hence it is not permissible to invest or save money in any institution with the express intention of realising Riba regardless of the purpose for which such unlawful earnings would be utilized. The establishment of a charity trust as described in the question is the same as investing money in a bottle store or betting or gambling institution with the intention of utilizing all proceeds for charitable purposes. Like such “investment” would be unlawful, “investment” to accrue Riba would also be unlawful. And, in unlawful and Haraam acts the Niyyat or intention is not taken into consideration. Niyyat is only considered in Aamaale Saalehah (good acts). A charity trust account as envisaged is in fact the commission of a double sin, viz., (i) investing money in an unlawful enterprise (i.e. to obtain the Haraam earnings of Riba), and (ii) intending to utilize Haraam wealth in noble and charitable ventures.
Q: Is the eating of horse meat — Halaal or Haraam?
Q: Which Surah of the Holy Qur`aan is recommended to be recited on Friday?
A: Surah Kahaf — its recitation on Friday is Mustahab.
Q: The mutawallees of a certain Mosque usually award cash gifts to visiting personalities, lecturers and scholars from the Mosque funds. I wish to know if it is permissible according to Islamic Law to make such awards from Mosque funds?
A: The act of the Mutawallees in awarding gifts from Musjid funds amounts to gross abuse of Waqf funds. The Mutawallees are guilty of misappropriating the Mosque funds. It is not lawful to make such gifts from the funds of the Musjid. The guilty Mutawallees have to repay all such misappropriated sums from their own pockets and make Taubah for this serious breach of trust. Furthermore, it is the Islamic duty of the Musallees at the Musjid to strive for the removal of such incompetent and untrustworthy Mutawallees.
Q: If snaps of living beings and picture, drawings of same beings are forbidden, what about a Muslim appearing on the TV for any purpose?
A: Pictures of animate objects are strictly prohibited by the Shariah regardless of whether such pictures are produced on canvas, paper, by the camera, TV or any other means yet to be introduced or discovered. A Muslim is not allowed by Islam to participate in the picture-production process of TV or any other means. The evils of TV are many and devastating to the moral fibre of a nation. Write to the Young Men’s Muslim Association (address on cover) for a copy of our booklet on television.
Q: Are (a) Moulood, (b) help-seeking from/worshipping walis, peers and other religious men, Islamic practices? Please kindly quote Qur`aanic verses or Hadith Shareef. I would appreciate if you would elaborate on “Tajiya” as commonly held in Mauritius and India during Muharram time?
A: All the practices mentioned in your question are Un-Islamic practices which the Shariah describes as Bidah or innovation which was cursed by Rasulullah (sallallahu alayhi wasallam). The practice of seeking help from walis, etc. in addition, is Shirk or association in the worship of Allah. Your question requires a detailed explanation which cannot be accommodated by our Question and Answer page. We shall, therefore, Insha`Allah, prepare detailed answers to your questions, substantiating with Islamic references and forward same to you by post. For our booklet on “Moulood and the Shariah”, write to the YMMA.
Q: Youth of almost every country, in the absence of (or avoidance) of a regular married sexual life, indulge in masturbation as a means of relief. Please enlarge on its illegality from the Islamic point of view and support with appropriate quotations.
A: May Allah Ta`ala save all Muslims from the disasters of immorality. The evil of masturbation is strictly prohibited in Islam. In the Tafseer of the Qur`aanic verse:
“Those who seek (to fulfill their sexual desires) by means other (than their wives), verily, they are the transgressors.” (Surah A1-Muminoon)
It is stated that in this verse is proof that masturbation (as well) is Haraam. This is the view of the learned authorities of Islam. Hazrat Ibn Juraij (rahmatullahi alaiyh) said: ‘I asked Ataa’ (rahmatullahi alayh) regarding masturbation, and he replied: It is Makrooh (i.e. Makrooh Tahrimi) which means detestable and in terms of the Shariah, Makrooh Tahrimi refers to acts which are prohibited in Islam notwithstanding the fact that the prohibition is of a lower degree than the prohibition denoted by the term, “HARAAM’’. Hazrat Ataa (rahmatullahi alayh) also narrated a Hadith of Rasulullah (sallallahu alayhi wasallam) stating that on the Day of Qiyaamah a group of people will be resurrected with their hands being pregnant. Commenting on this Hadith, Ataa (rahmatullahi alayh) said: “I am of the opinion that this group refers to people who masturbate.” (Tafseerul Mazhari)
Q: At the time of reciting the Holy Qur`aan I moisten my finger by touching my tongue when I turn a page. Is it permissible to do so – I mean the application of saliva to the finger for the purpose of paging the Holy Qur`aan?
A: In view of the Fiqhi Rule that the saliva of man is Taahir (pure) and in view of the fact that during the Sunnat practice of kissing Hajre Aswad the saliva touching the Hajre Aswad is not regarded as being disrespectable, there is nothing wrong in paging the Qur`aan in the manner described. (Fataawa Darul Uloom)
Q: Will it not be a good idea for those Ulama bodies who have not joined up with ICSA to link up with it (ICSA) thereby solidifying the unity of the Muslims of this country?
A: The Ulama organizations which have abstained from participating with lCSA are fully within their rights and in their opinion they feel that instead of good and unity more harm and greater disunity will ensue in any link-up with ICSA. We, on our part, are of the opinion that ICSA is not an Islamic body in the true sense of the term. Past events, such as lCSA officials attacking baselessly the Ulama and issuing ‘fatwa’ on matters in which they were not qualified have only confirmed our opinion that lCSA in the long run will prove more a danger to the Sunnah of our Nabi (sallallahu alayhi wasallam). They have yet to prove the contrary. Our opinion could always be altered if there are guarantees that the Shariah will not be tampered with the Sunnah of Rasulullah (sallallahu alayhi wasallam) will not be made a target for fanciful interpretations offered by officials of ICSA, who should know their limits in so far as the Shariah is concerned.
Q: Is it allowed to recite the Holy Qur`aan at sunrise, zawwaal and sunset?
A: Recitation of the Holy Qur`aan is permissible during these Makrooh times. However, it is Afdhal (more meritorious) to engage in Dua, Tasbeeh and Istighfaar during Makrooh times. (Shaami)
Q: I have recently visited the Cape and found that in some places Kentucky chickens are advertised as Halaal. I would like to know if the Jamaitul Ulama organizations of the various provinces accept Kentucky chickens as Halaal.
A: None of the Jamiatul Ulama bodies have certified Kentucky Chickens as Halaal. Muslims should abstain from purchasing and consuming Kentucky chickens.
Q: We have heard from several persons that Baker’s Biscuits contain lard. Please clarify the position as many Muslims are consuming these biscuits.
A: The Mujlisul Ulama of S.A. has not as yet investigated the matter. We have had many inquiries regarding Baker’s biscuits. At this moment we are not in a position to make any categoric statement regarding the permissibility or prohibition of Baker’s Biscuits. Insha`A !lah. we hope to investigate the matter in the very near future. Our findings will then be made public. In view of the doubt created by a letter from Bakers, it is best that Muslims abstain from consuming Baker’s biscuits until such time that the matter has been clarified. But, it should be remembered that at this stage we are not in a position to rule that Baker’s biscuits are Haraam. And, at the same time it should he remembered that Rasulullah (sallallahu alayhi wasallam) has asked Muslims to abstain from the doubtful things.
Q: Recently a friend of mine opened a can of baked beans and discovered a piece of meat inside as well. What is the Islamic ruling regarding such canned foods?
A: All canned non animal food products are Halaal. Although a Ruling of Haraam cannot be issued on the basis of accidental contamination. Our advice to Muslims is to abstain from consuming all canned vegetable products prepared by factories canning meat products as well. Many people have been confronted with the same discovery as your friend, viz., meat in cans labelled with only vegetable products.
Q: The various letters regarding Bakers Biscuits published in the last issue of THE MAJLIS have created a definite doubt as to the permissibility of eating biscuits. What is the verdict of the Mujlisul Ulama of South Africa on this matter?
A. The Mujlisul Ulama has instituted certain investigations into the matter and until these investigations are terminated we will not be in a position to issue any verdict on whether it is permissible or unlawful to consume Bakers Biscuits. Our findings will be published as soon as available. Meanwhile it is advisable, in view of the special directive of Rasulullah (sallallahu alayhi wasallam), to abstain from consuming these biscuits as they have now entered the domain of “doubtful things”.
Q: Is it not better to advise people to study the commentary of Yusuf Ali’s Qur`aan translation until a worthier or more authoritative commentary is available in English? At least something could be learned from Yusuf Ali’s commentary regardless of the “errors” pointed out by the Mujlisul Ulama.
A: Your suggestion is tantamount to advocating that a child be allowed to eat poison which it happens to be holding until a sweet or toy could be given to it as a substitute. It is an incumbent duty of every Muslim to abstain and ask others to abstain as well from all such things which despoil one’s faith and beliefs. Yusuf Ali’s “commentary” contains many views and teachings which are contradictory to the teachings and opinions of Rasulullah (sallallahu alayhi wasallam) How then is it possible for us to maintain silence or advise Muslims to pursue the study of a book which conflicts with Allah Ta`ala’s Shariah?
Q: It is said that Iblees was an angel.
A: The Holy Qur`aan in the fifteenth Para states:
“…and he (Iblees) was of the Jinn.”
Q What does Islam say about life on other planets?
A: According to the Ahadith of Rasulullah (sallallahu alayhi wasallam) life — intelligent life — exists on other planets. A Hadith of Rasulullah (sallallahu alayhi wasallam) narrated by Hadhrat Ibn Abbaas (radhiyallahu anhu) describes the type and form of the different kinds of intelligent species of creation to be found on other planets.
Q: A friend of mine has some stolen goods in his possession. He has realised the evil of his doings and is genuinely repentant. Will it suffice if he distributes the stolen goods to the poor?
A: With regard to all Haraam wealth or property in one’s possession the Shariah decrees that it is obligatory to firstly endeavour to locate the rightful owner of the goods. If the owner has died, the goods have to be restored to the rightful heirs of the deceased. If restoration of the goods in this manner to the rightful owners is not possible then same should be given to the poor. But it should be remembered that the goods must be given to the poor with the Niyyat (intention) of “elimination of Haraam” and not with the intention of “donation to obtain Thawaab”, for Rasulullah (sallallahu alayhi wasallam) has said that “charity given with Haraam is like washing clothing with urine”.
Q: Is the eating of crayfish permissible?
A: According to the Hanafi Math-hab, of the sea animals only the consumption of FISH is permissible. If crayfish is classified as FISH (as some say) then it will be permissible. However, our studies have established that crayfish is not FISH, but belong to the order of Crustacea which consists of a large class of arthropods, including crabs and lobsters, and crab in Arabic is known as SARTAAN the eating of which is Haraam according to both Hanafi and Shafi Math-habs.
In this regard it is best that you refer this question to other Ulama as well and obtain their views. And Allah knows best.
Q: In some mosques Islamic magazines and newspapers are sold. I am given to understand that this is not permissible. What is the ruling of the Shariah?
A: Trade of any kind whatsoever is not permissible within the Musjid precincts. Newspaper selling (regardless of whether these are Islamic papers) is trade and trade is disallowed inside Mosques. The Mutawallis (Trustees) of the Mosques concerned are dutibound to put an end to such un-Islamic practices.
Q: Are educational films permissible in Islam?
A: All types of films portraying animate objects (human beings and animals) are Haraam. The “educational” value of a film cannot cancel any Law of Islam which is based on Divine Revelation. Allah Ta`ala is well aware of the things which are of value and harm to his creatures. Muslims should not attempt to circumvent the Divine Decrees of the Shariah by presenting imaginary advantages based on human reasoning. Whatever advantages believed to exist in so-called “educational” films, could be procured from other sources more beneficial than films and legal in Islam. The harms in a film will always outweigh the benefits, hence these films will be unlawful in Islam.
Q: In the Hadith it is reported that Rasulullah (sallallahu alayhi wasallam) said: “With every bell is a shaitaan.” Please elaborate.
A: The prohibition of a bell in Islam is when it is used for amusement, pride or other un-Islamic purposes. If it is used for a good purpose then its use will be permissible. This is stated in the authoritative Kitaab, MUHEET of Imam Muhammad (rahmatullahi alayh).
Q: Is it permissible to use the prayer-mats of one Mosque in another Mosque?
A: It is not permissible.
Q: Please explain briefly your reasons or saying that religious films are un-Islamic?
A: The issue/s of The Majlis in which you have seen articles to this effect contained the reasons for the Islamic prohibition of films which are wrongly described as “religious” films. Nevertheless, we enumerate here, in brief, the reasons for this prohibition:
(a) Pictures of animate objects are Haraam according to the Shariah.
(b) The Deen of Islam is subjected to mockery by depicting it (Islam) on screens of amusement and entertainment.
(c) Music which accompanies films is Haraam.
(d) Intermingling of sexes takes place in cinema houses.
(c) Immoral actors and actresses portray roles of holy and sacred personages.
(f) Squandering of money on Haraam entertainment.
(g) Attribution of lies and falsehood to the sacred persons of Islam on the screens of amusement.
(h) Opening a gateway of propaganda for the enemies of Islam to abuse, misrepresent, distort and mock the Deen of Allah.
Q: In the event of one dying with hunger and no other Halaal food is available, the Shariah grants one the permission to consume carrion or swine. Does this concession apply to dead human flesh as well. If one is lost in the desert and on the verge of death because of hunger, can one eat the flesh of a dead companion to save one’s life? I am asking this question because recently we have read in our local newspapers of such happenings.
A: Man is described as “Ashraful Makhluqaat”, i.e. the noblest of creation. Every part of the human body – flesh, hair, nails, bones is an object of respect. The Shariah does make concession for the consumption of carrion under dire circumstances threatening death. But, the Shariah does not permit its adherents to stoop to such a base and bestial level as cannibalism. Cannabalism has no share in a noble and high civilization like Islam. Hence, the Muslim shall rather die than resort to an act of cannabalism. Death comes at its appointed time, and to die honourably is a treasure to be coveted.
Q: Some people say that pictures were forbidden by the Holy Prophet (sallallahu alayhi wasallam) because of the preponderance of idolatry among the Arabs. Idolatry does not exist among Muslims, the prohibition thus falls away. What is the verdict of the Shariah?
A: What people say, especially unqualified people, is of no substance as far as the Rulings of Rasulullah (sallallahu alayhi wasalam) are concerned. There are several reasons for the prohibition of pictures of animate, objects, one of these being idolatry. Did any of the Sahaabah of Rasulullah (sallallahu alayhi wasallam) commit idolatry after the demise of Rasulullah (sallallahu alayhi wasallam)? Did any of the Muslims of the Taabieen and Tabi-Taabieen periods lapse into idolatry? Is idolatry reminiscent of the early period of Islam following the demise of Rasulullah (sallallahu alayhi wasallam)’? Were there vestiges of idolatry in the Sahaabah at the demise of Rasulullah (sallallahu alayhi wasallam)? Did any of the great Fuqahaa like lmaam Abu Hanifah, Imaam Maalik, lmaam Shafi, Imaam Hambal and the numerous others of the age lapse into idolatry? Each and every Muslim will give the answer in the negative to all these questions. Idolatry — every vestige and trace of it — was eliminated during the very mission of Rasulullah (sallallahu alayhi wasallam). No Muslim can ever conceive — even in his dreams — that these illustrious and valiant sons of Islam — the Sahaabah and their following — ever lapsed into idolatry after Rasulullah (sallallahu alayhi wasallam). Yet, despite the SUPREME REIGN, THE ABSOLUTE REIGN OF UNADULTERATED MONOTHEISM during and after the period of Rasulullah (sallallahu alayhi wasallam), the Sahaabah and the Fuqahaa maintained rigidly that pictures of animated objects are Haraam. Anyone who claims to have Islamic knowledge and who professes to have respect for the Laws of Allah will not fail to discern this irrefutable fact in the Law Books of Islam.
Idolatry was eradicated by Rasulullah (sallallahu alayhi wasallam) from the midst of the Arabs, roots and branches, but Rasulullah (sallallahu alayhi wasallam) maintained the ban on pictures of animate objects. If the prohibition hinged on only the existence of idolatry and if its (true prohibitions) maintenance as a Law of Islam was dependant on the existence of idolatry, then Rasulullah (sallallahu alayhi wasallam), himself would have lifted the ban once the elimination of idolatry from the Arabs was achieved. And the history of the Arabs who embraced Islam at the hands of Rasulullah (sallallahu alayhi wasallam) shows that they were the most diehard (or fanatical in the opinion of the modernist Muslim of today) enemies of idolatry. But, Rasulullah (sallallahu alayhi wasallam) decreed that pictures of animate objects are forbidden for even the staunchest monotheist and for the fiercest fighter against idolatry. The Shariah simply rejects as false and nonsensical the allegation that the ban on pictures of living organisms was applicable to the time of Islam’s glory to the holiest of holy times, viz., the age of Rasulullah (sallallahu alayhi wasallam) and the age of the Sahaabah and the immediate age following, and that in the evil and immoral times such as ours, the ban falls away. Rasulullah (sallallahu alayhi wasallam) said: “The best of ages is my age, then the age following them (the Sahaabah), then the age following them (the Tabieen) .”
Furthermore, the assertion that idolatry does not exist now among Muslims, is false. Grave-worshipping, Peer-worshipping, worshipping pictures of one’s peer (spiritual mentor), worshipping pictures of lmaam Hasan, Imaam Husain and Hadhrat Ali, etc. are acts of Kufr and Shirk committed by a large number of Muslims in the world today. And, Rasulullah (sallallahu alayhi wasallam) predicted that even the Arabs will once again lapse into idolatry worshipping idols. The Shariah’s verdict of prohibition is sacrosanct and cannot be contested by one who has true knowledge of Islam.
Q: Why does “The Majlis” indulge in controversial subjects. I feel that instead of creating controversy, “The Majlis” should concentrate on positive preaching to remedy time ills in our community.
A: The greatest “controversy” which sparked off the greatest revolution on earth was created by Muhammadur Rasulullah (sallallahu alayhi wasallam) when he opposed all mankind to proclaim the Glory of Allah — to proclaim the Unity of Allah. If the proclamation of the Kalimah Shahaadat and all its ramifications (i.e. the Laws, teachings, etc. attendant to this Declaration of Faith) is described as “controversy” then we are proud to be the perpetrators of such “controversy”. Remedying the ills of the community cannot be achieved by appeasement, sidestepping of issues and raising false slogans of unity. If there is no cure for the cancer, for the rot, then the affected part must be amputated. We pray that Allah Ta`ala grants us the ability, time, resoluteness and the courage to proclaim the HAQQ — the Sunnah of Rasulullah (sallallahu alaihi wasalam) regardless of time remonstrations and the trumpeting of the enemies of the Sunnah. Rasulullah (sallallahu alayhi wasallam) has said:
“Whoever clings to my Sunnah at the time of my Ummah’s corruption, he will receive the reward of a hundred Martyrs.”
Q: Who is the owner of gifts which people give to little children? Do the parents have the right to use such gifts as they please? Relatives at times give large sums of money to children of the family as presents. Is it permissible for the parents to use this money freely?
A: Gifts whether of cash or kind given to children become the property of the children to whom the items were presented. It is not permissible for parents to use such gifts for their own use or for the use of other members of the family. Such gifts being the property of the children to whom the gifts were made could be utilized for only those children (to whom the gifts were made). The maintenance of a child devolves upon the father firstly. However, if the child has wealth this may be used for the maintenance of the child. (lmdaadul Fataawa).
Q: How is it to shake hands on Eid Day after the Eid Salaat?
A: Where this practice has become a compulsory custom, one should refrain from it. If people consider it necessary to shake hands on the occasion of Eid, then the practice will be regarded by the Shariah as a ‘bida’ (innovation) which is not permissible in Islam. The Ulama advise us to refrain from this custom. In other words, one should not initiate the handshaking. However, if someone offers his hands on the occasion of Eid, he should not be rebuffed.
Q: Is it permissible for a woman to trim or cut her hair if she covers her head with a scarf?
A: It is not permissible for women to cut or trim their hair even though the head is covered. According to the Shariah the prohibition of cutting or trimming women’s hair is like the prohibition of cutting the beard. According to the Ahadith of Rasulullah (sallallahu alayhi wasallam), the dignity and beauty of men is in their beard, and beauty and dignity of women is in their hair.
Q: My husband wants me to cut my hair. Is it permissible for me to do so in order to please him?
A: For a woman to cut her hair is not permissible, and Rasulullah (sallallahu alayhi wasallam) said: “Obedience to creation in sin is not lawful.” Hence, it is not lawful for you to obey your husband in this unlawful act.
Q: I do not know the meaning of the different signs appearing at the end of the Qur`aanic verses. Please explain these.
A: (a) The letter Meem is known as Waqfe Laazim. It is necessary to pause wherever the Meem appears. If a pause is not made, there is the possibility of the meaning changing.
(b) The letter Twaa is the sign of a pause known as Waqf-e-Mutlaq. A pause should be made on it. It indicates that the meaning has not been fully stated yet.
(c) The letter Jeem is the sign of the pause known as Waqf-e-Jaaiz. It is preferable to pause here although not pausing is permissible.
(d) The letter Zoo indicates that it is preferable NOT to pause.
(e) The letter Swaad known as Waqf-e-Murakhkhas indicates that it is preferable NOT to stop although pausing is permissible. The difference between the rule of Zoo and Swaad is in their application, i.e. the desirability of NOT pausing is greater at the pause of Swaad.
(f) The word: Swaad Laam Yaa is the abbreviation of “Alwasal Aulaa” which means “Joining is preferable”. The reader should carry on reading. This is more meritorious.
(g) The letter Qoof is the abbreviation of: “Qeela alahil waqf” which means: “It has been stated that a pause should be made on it.” No pause should be made here.
(h) The word: Swaad Laam is the abbreviation of “Qad yoosalu” which means: “Will be joined occasionally”. Occasionally one may pause here and occasionally not, although pausing is preferable.
(i) The word Qif is a command meaning: “Pause!” It appears at such places where the possibility exists that the reader will continue reciting without pausing.
(j) The letter Seen or the word Saktoh indicates a pause without breaking the breath. In other words the reciter shall momentarily pause and continue without breathing afresh.
(k) The word Waqfah is the same as Saktah with the difference that the Waqfah pause is longer than the Saktah pause.
(l) The word Laa means: “Do not!” This word appears sometimes at the end of a verse and sometimes during the verse. If it appears within the verse then it is not permissible to pause and if it appears at the end of a verse then one may or may not pause.
(m) The letter Kaaf is the abbreviation of “Kathaalik” which means “similarly”. In other words, the same sign as the one preceding it will apply here.
Q: Pictures of animate objects are not permissible. What is the ruling regarding photographs for book of life purposes?
A: Even the pictures taken for this purpose are un-lslamic. However, the Shariah makes concessions where the need arises. Since we have no choice in the matter, the Shariah rules that those who have their photos taken for such compulsory (made compulsory by the State) purposes will not be committing sin.
Q: Is it permissible to sell empty liquor bottles to liquor breweries?
A: Rasulullah (sallallahu alayhi wasallam) denounced all the agencies involved in liquor manufacture. The Qur`aan Shareef prohibits the aiding of sin. Since it is known that the bottles sold will be used for no other purpose but for bottling liquor, a Muslim must not engage in this sale transaction.
Q: Is the money derived by selling empty bottles to liquor producers Halaal or Haraam?
A: Such a sale in Fiqh is described as ‘Jaaiz ma’al karaahat’. In other words the sale although valid is sinful. The money will not be Haraam just like the money obtained by selling during the Jumuah Salaat duration is not Haraam although it is sinful to continue with trade once the Jumuah Azaan is sounded.
Q: I have heard from many people that Imaam Mehdi is born. Is this true?
A: We have no knowledge about this.
Q: Is it permissible to write verses, Surahs, etc. on the inside walls of a Mosque?
A: It is not proper to write anything or decorate on the Qiblah side wall, i.e. the wall which the Musallees face. It is Makrooh Tahrimi (forbidden) to do so. It is best not to write or inscribe anything on any of the inside wails of the Musjid. The following is recorded in the famous Fiqh Kitaab, Fathul Qadeer: “It is ‘aulaa’ (best and meritorious) that the walls of the Musjid be white and devoid of any writings and decorations. It is Makrooh to engrave pictures or writings on the walls.”
Q: Is it permissible to build a toilet inside the house?
A: It is permissible.
Q: On the great Nights of Baraat, Rajab, Qadr and the two Eids we gather in our Jamaat Khaana to recite fifteen Paras khatam. After the recitation, sweetmeats are served. Is this correct?
A: This is not a Sunnah practice. It is a bida’ an innovation which people regard as an Islamic practice. It is necessary to discontinue this practice. The great Nights should be observed in the manner in which Rasulullah (sallallahu alayhi wasallam) and his noble Sahaabah observed. There is no need for the Muslim community to add customs and practices into the Deen. The method of the Sahaabah is best for the attainment of the highest Thawaab.
Q: Is it permissible for a number of people to recite the Qur`aan Shareef aloud in one place? Everyone reads aloud whatever part of the Qur`aan he is reciting.
A: Allah Ta`ala commands in the Qur`aan Shareef: “When the Qur`aan is being recited, listen to it (attentively) and maintain silence.” This clash of voices resulting from reciting aloud negates attentive listening and silence while the Qur`aan is being recited. Everyone should recite in low tones. The method of reciting aloud by a group of persons is not proper.
Q: Can one give the Holy Qur`aan (i.e. the Arabic Qur`aan) to non-Muslims for purposes of propagation?
A: The Qur`aan Shareef, every Muslim knows demands and deserves the highest of reverence. Allah Ta`ala has ordered that the Qur`aan Shareef be touched only in a state of purity. It is totally Haraam to touch the Qur`aan Shareef without Wudhu and this ‘hurmat’ (prohibition) is multiplied manifold if one happens to be in the state of ‘janaabat’ (greater impurity). It is therefore not permissible to hand the Qur`aan Shareef to non-Muslims who obviously will not comply with the Qur`aanic law of touching the Sacred Book ONLY in the state of total purity (i.e. purity from ‘hadath’ and purity from ‘janaabat’).
Westernized Muslims commit the grave sin of defiling the Qur`aan Shareef by regarding it as an ordinary book and presenting it to persons who will handle it in the state of impurity. Furthermore, true propagation correct propagation cannot be executed by means of only the Qur`aan Shareef. The non-Muslim who reads only the translation of the verses is liable to misunderstand the Qur`aan Shareef. Even Muslims – especially westernized Muslims – have gone and are going astray by reading a translation of the Qur`aan Shareef. As a result of their ignorance of Islam they are confused by verses which seem to them as contradictory. In their state of confusion based on ignorance they misinterpret the verses and resort to kufr. Far from serving the purpose of propagation, a mere translation will only confuse the non-Muslim reader.
Q: Is it permissible to recite the Qur`aan Shareef at such times when it is forbidden to perform Salaat?
A: It is permissible.
Q: The words: “sallallahu alayhi wasallam” are usually recited when the blessed name of our Nabi (sallallahu alayhi wasallam) is mentioned. Is it allowed to recite this prayer for other Prophets and the Auliyaa?
A: It is permissible for all the Ambiyaa (Prophets). It is Makrooh Tahrimi (forbidden and sinful) to recite this dua for non-Ambiyaa.
Q: It has been claimed in certain quarters that in South Africa meat slaughtered by non-Muslims is Halaal since it is the meat of the Ahle Kitaab. Such meat, it is contended, is Halaal for Muslim consumption under all circumstances. Please clarify?
A: It is erroneous to claim that meat slaughtered by non-Muslims in South Africa is the slaughtered meat of “Ahle Kitaab”. Meat slaughtered by non-Muslims in South Africa does not fall under the category of slaughtered meat of the Ahle Kitaab. Muslims cannot consume meats slaughtered by non-Muslims in South Africa. Such meats are Haraam with certain exceptions.
Q: If Hindus invite us to weddings and to partake of their food, will it be permissible for us?
A: Attending the religious ceremonies of non-Muslims is not permissible. Participating in their food, if Halaal, occasionally, is permissible. However, to participate with them in their foods even if Halaal, frequently, is Makrooh. Abstention, therefore, is best.
Q: During their festivals, the Hindus send us sweetmeats, etc. Is it permissible for us to eat of these?
A: If such foodstuff was a presentation — a means of propitiation for the idols, then it will not be lawful to consume such food. Where this fact is not known, it is best to abstain.
Q: Is it permissible to lock the Musjid or Jamaat Khaana due to fear of theft or vandalism?
A: It is permissible.
Q: Is it permissible to celebrate birthday parties?
A: Celebration of birthday parties is a custom of the Kuffaar. It has no place in Islam. Rasulullah (sallallahu alayhi wasallam) said: “He who imitates a nation becomes one of them.”
Q: When a child is born some people celebrate the occasion by placing sweets, etc. in a bowl in a special style with the name of the baby inside the bowl of sweets. These sweets are then distributed among relatives and friends so that they are informed of the baby’s name. Is this permissible?
A: This is an un-Islamic custom. It has no origin and no sanction in Islam. Muslims must refrain from practising such customs in conflict with the Sunnah of Rasulullah (sallallahu alayhi wasallam).
Q: What does the Shariah say about bribery and corruption?
A: Bribery and corruption? The verdict of the Shariah on these vices is too well known to require elaboration. Every religion and code of morality condemn these evils as Haraam.
Q: Is it permissible to wear leather jackets, belts, shoes, etc., manufactured from pig skin?
A: It is not permissible.
Q: Many great saints after dying are referred to with the title of “Rahmatullaah”. What does this mean? Why is this title given to only some saints and not to others?
A: “Rahmatullaah” is not a title. It is a dua which means: “May the Rahmat (Mercy) of Allah be upon him”. It is not correct to say that some saints are specialised with this dua whereas others are deprived of it. This dua is not restricted for saints only. Any deceased Muslim when spoken of could be graced with this dua.
Q: Please define “Radiallaahu anhu”.
A: It means: “May Allah be pleased with him”.
Q: Is it permissible to blow into hot tea, etc., to cool it?
A: It is contrary to the Sunnah to do so.
Q: I am given to understand that women and children mingle with men in the Haram Shareef in Makkah Muazzamah. Why is this allowed? Is this then permissible?
A: They do mingle, but their mingling is not upheld as lawful by the Shariah. Remember that the Shariah defines and decides our affairs, and not the happenings of Saudi Arabia. Many things Haraam and unlawful things occur in Saudi Arabia, right in the Haram Shareef, but, this must not be construed as legal in the Shariah. The laxity of the Saudi authorities in guarding the sanctity and the reverence of the Holy Places is a blot on that regime. The acts of the Saudi regime must not be confused with the Shariah. The un-Islamic mingling of men and women no matter where it occurs is never permissible even if perpetrated in the Haram Shareef.
Q: Is it permissible for old Muslims to use the pension money given by the government?
A: It is permissible.
Q: According to Islam it is not permissible for men to look at strange women. What shall we do nowadays in the streets and the shops where women abound?
A: Allah Ta`ala commands in the Qur`aan Shareef: “(0 Muhammad!) Tell the Believers to cast down their gaze and guard their chastity. That is purest for them.”
Rasulullah (sallallahu alayhi wasallam) said that the accidental or the unintentional gaze will not be punished. To return the gaze after the initial unintentional gaze, is unlawful. The observance of these Directives of the Qur`aan and Ahadith is not too difficult upon those who value the Life Hereafter, for those who have respect for the Commands of Allah Ta`ala, for those who although weak, but not rebellious against the orders of the Shariah. Man is constrained to make effort. Allah Ta`ala has commanded only what is within our power and ability to execute. No matter how difficult control of the gaze may seem, it is not so difficult as the lowly “nafs” would like us to believe.
Q: Is it permissible to sell canned meats (which are Haraam for Muslim consumption) excluding pork to non-Muslims?
A: Meats which are Haraam for Muslim consumption are termed “maitah” (carrion) in the Shariah. It is Haraam to sell such meats to even non-Muslims. It is also Haraam to feed dogs with such “carrion” according to the Shariah.
Q: Most sweets today contain gelatine even if this is not stated on the sweet-wrappers. Can we eat such sweets?
A: If you have proof that the sweets do in fact contain animal gelatine then obviously such sweets will be Haraam. But, as long as we have no proof of animal gelatine content, we will not he able to pronounce the sweets as Haraam. However, there does exist reasonable cause, for believing that our sweets contain animal gelatine. It is therefore, best to abstain from consuming sweets.
Q: What is gelatine?
A: Gelatine is an animal protein substance which has jelly-forming properties. It is derived front collagen which is a protein found in animal bone and skin. It is used extensively in industry. Sweets, ice-cream, jellies, candies, desserts are just a few of the numerous items which contain gelatin. Besides animal gelatin, a synthetic product derived from plants is also obtained. This plant gelatin is also used widely.
Q: After waking up, one realises that one saw Rasulullah (sallallahu alayhi wasallam) in a dream. Could this be mere imagination?
A: The appearance of Rasulullah (sallallahu alayhi wasallam) in a dream is not mere imagination, but an authentic dream. The shaitaan is not able to impersonate any of the Ambiyaa in one’s dreams. Hence, if you have seen Rasulullah (sallallahu alayhi wasallam) in a dream then in fact it was Rasulullah (sallallahu alayhi wasallam) whom you have seen.
Q: Who interprets such dreams?
A: Dream interpretation is a special science. Few people are able to interpret dreams correctly. We have no knowledge of persons here who are qualified to interpret dreams.
Q: Who will be the parents of Imaam Mahdi? Where will he be born? Please give some general information about Imaam Mahdi.
A: It is not known who his parents will be. He will be a descendant of Rasulullah (sallallahu alayhi wasallam). It is also not known where he will be born. He will make his appearance at a place called Lud in present day Syria.
Q: Is it permissible for a woman dressed in full Purdah to sit at a beach watching males playing soccer?
A: Purdah in Islam for females does not mean only “dress covering”. Purdah — total Islamic Purdah — covers body concealment, ‘purdah’ of the eyes and ‘purdah’ of the heart. Like Islam prescribes total bodily concealment for its female adherents, so does it command ‘purdah’ of the eyes. Purdah of the body (i.e. proper Islamic covering of the body) without purdah of the eyes is not a complete Islamic Purdah. Allah Ta`ala commands in the Qur`aan Shareef: “Tell the Believing men to cast down their gaze…. And, tell the Believing women to cast down their gaze…”
The Qur`aan amid the Ahadith command both male and female to adopt strict PURDAH of the eyes. It is not permissible for males to stare at women nor is it permissible for women to stare at men. This is the Law of Allah. Once Hadhrat Ibn Umme Maktoom (radhiyallahu anhu), a blind Sahaabi, visited Rasulullah (sallallahu alayhi wasallam) when two of the wives of Rasulullah (sallallahu alayhi wasallam) were present. As Hadhrat Ibn Umme Maktoom (radhiyallahu anhu) entered, Rasulullah (sallallahu alayhi wasallam) ordered both wives: “Go into Purdah” (i.e. leave the room). One of the wives replied: “But he (Hadhrat Ibn Umme Maktoom) is blind.” By this she meant that since he could not see there was no need for Purdah. Rasulullah (sallallahu alayhi wasallam) replied: “What! Are both of you also blind?” Here Rasulullah (sallallahu alayhi wasallam) meant that purdah has to be observed by both men and women. Even if the blind Sahaabi could not see, they (the wives) could see, hence Rasulullah (sallallahu alayhi wasallam) ordered them to leave the room. This Hadith of Rasulullah (sallallahu alayhi wasallam) makes it abundantly clear that it is not permissible for women to sit and stare at men. And, this prohibition will be more emphatic when the woman happens to be staring at a group of males indulging in a ‘sport’ which falls under the classification of ‘tashabbuh bil kuffaar’ (imitation of the kuffaar). In short, it is totally against the Qur`aan and the Ahadith of Rasulullah (sallallahu alayhi wasallam) for a woman to sit at a beach and watch men playing soccer.
Q: Is it permissible for a woman to appear semi-topless in the presence of her father-in-law?
A: Define the meaning of “semi-topless”. If “semi-topless” involves uncovering part of the back then it will not be permissible for a woman to be in this state of “nudity” in the presence of her father-in-law. It is not proper for the woman to appear in her father-in-law’s presence clad improperly.
Q: Is it permissible for a woman to visit male relatives (for example, her brother) when they are in I’tikaaf?
A: When it is not permissible for a woman to attemd the Musjid for even Salaat purposes then her going to the Musjid for mere visiting purposes will be unlawful to a greater degree. A Musjid is a public place where males congregate for Ibaadat. Allah Ta`ala has commanded women to abstain from public places in attendance by men. It is totally contrary to the Shariah Law of Purdah for a woman to emerge from the home unnecessarily and then proceed towards the Musjid enterely for the purpose of visiting. Hadhrat Abdullah Ibn Mas`ood (radhiyallahu anhu) — one of the greatest Sahaabah — narrates the followinig Hadith of Rasulullah (sallallahu alayhi wasallam): “Verily, a woman is ‘Aurah’ (i.e. her entire body is to be concealed). When she emerges (from her home) shaitaan is in her attendance.”
Q: Is it permissible for a woman to wear a wig?
A: If the wig does not consist of human hair, its wearing will be permissible under the strict observance of Purdah and the consent of the husband.
Q: I stole a box of medicine from my place of employment. My employer did not discover this. However, I now sincerely regret the crime I have committed. I wish to make amends, but am extremely ashamed of confronting my boss. Can I spend the sum of money equivalent to the stolen property in Lillah (for some charitable cause) with the intention of the Thawaab accruing to my employer?
A: If it is just not possible for you to make amends directly with your employer then the only other solution is to arrange for the return of the goods stolen (if you still have these in your possession) to your employer. And, if you have already disposed of the goods then in some way or other arrange for the price of the goods to reach your employer. Endeavour to ascertain the price your employer would have sold the goods and then post the money to him anonymously. If you are unable to ascertain the correct price, send an amount which you honestly believe will be the equivalent of the goods misappropriated. Finally do not forget to make lstighfaar. Repent sincerely, for, in stealing you have committed crimes against Allah as well as your employer. Hence, even after compensating your employer, you have to obtain Allah Ta`ala’s pardon.
Q: Is it permissible for a person who is intoxicated with dagga to make Zikr?
A: An intoxicated person will do as commanded by shaitaan. The question of permissibility does not occur here.
Q: Are chips which are fried in oil in which Haraam meat was fried, Halaal or Haraam?
Q: What is the difference between Hanafi and Shaafi? Why are there these types of segregation among Muslims?
A: For a better and fuller understanding of this issue please follow the articles on this subject which will, lnsha`Allah, appear in “The Majlis” from time to time. You have dubbed the designation “Shaafi Hanafi” as “segregation” purely because of your ignorance on this score. If you had any sound Islamic knowledge, you would not have been so hasty in forming an erroneous conclusion. Differences of opinion existed among the Sahaabah who were the forerunners of the different Madhaa-hib of Haqq which comprise the Ahle Sunnah Wal Jamaa`ah, viz., that body of Muslims who are established on the Qur`aan and the Sunnah.
Q: Why is Moulood not permissible?
A: Several factors combine to make the customary “moulood” functions un-Islamic. Write to the YMMA for our booklet on this subject.
Q: Who is Hadhrat Khizr (alayhis salaam)?
A: Hadhrat Khizr (alayhis salaam) is a Nabi. Allah Ta`ala mentions him in the Qur`aan Shareef. There prevails much difference of opinion regarding Khizr (alayhis salaam). It is not known for certain when he was born. However, there is certainty that he was a contemporary of Nabi Musaa (alayhis salaam). Some versions state that “Khizr” is not his name, but a title. “Khizr” means “green”. He has been thus titled because the dead and dry earth would spring to life with greenery in the vicinity of Khizr (alayhis salaam). Certain opinion again claim that “Khizr” was not his title, but his name. Some Ulama say that he has already died. But, the most authentic view is that he is still alive. Hakimul Ummat Hadhrat Maulana Ashraf Ali Thaanvi (rahmatullahi alayh) states: “Hadhrat Khizr being alive after our Nabi (sallallahu alayhi wasallam) is an established fact. After the demise of Rasulullah (sallallahu alayhi wasallam), Khizr (alayhis salaam) visited the Sahaabah and offered his condolences. Hadhrat Abu Bakr (radhiyallahu anhu) then said: “This is Khizr (alayhis salaam).” A great many Auliyaa (saints) claim that he is alive to this day. He always meets these people (Ahle Baatin, i.e. the Auliyaa). The majority of Auliyaa have narrated incidents regarding Khizr, which authoritatively indicate that he is alive.”
Q: In issue No. 5, Vol.3 of “The Majlis” it was said that alcohol in medicines do not fall under the four classifications of “khamr”. Please list the four types of “khamr” and give your references.
A: (a). The crude fermented juice of grapes. This is termed khamr.
(b). The juice of grapes boiled to the extent that less than two thirds has evaporated. This is termed “Tilaa”.
(c). Date-juice when it has become alcoholic. This is obtained by immersing dates in water and allowing to stand for some time. This is known as “Sukkar”.
(d). The intoxicating juice derived from immersing raisins in water. There is no particular designation for this type of liquor.
(Qudoori, Hidayah, etc.)
Q: The Miraaj (Ascension) of our Nabi (sallallahu alayhi wasallam) to the Saamaa (Heaven) was it a spiritual experience or a bodily ascent?
A: Rasulullah’s Mi`raaj was a real physical or bodily Ascension. Those who believe that it was a mere spiritual experience are astray (Dalaal), they are Fussaaq (rebellious and vile sinners) of an extremely high order. The satanic belief that the Mi`raaj was a mere spiritual state is in diametric opposition to the beliefs of the Sahaabah and the entire body of the Ahle Sunnah Wal Jamaa`ah.
Q: What is the ruling of the Shariah regarding the wearing of a firearm by a police or anyone else during Namaaz in Musjid?
A: It is permissible.
Q: What does the number 786 signify?
A: The letters of the Arabic alphabet have numbers. Each letter corresponds to a certain number. If the numbers corresponding to all the letters in “Bismillaahir Rahmaanir Raheem” are added up, the answer will be 786. Thus the number 786 signifies the ayat: “Bismillaahir Rahmaanir Raheem”.
Q: We were invited to a Muslim home for meals. The host served us with processed chicken not knowing that it was declared Haraam. What should we do in this case?
A: What would you have done if the host had served pork? Once you know that the food served is Haraam, you are not permitted to partake of it. And, once the host was notified by you that the chicken served was Haraam, it was his/her Islamic duty to discard such food. Like it is Haraam to consume pork so it is Haraam to consume Haraam meat and any other forms of Haraam foods.
Q: Can the Holy Qur`aan in Arabic with English translation be given to non-Muslims?
A: Generally, non-Muslims are in the state of janaabat (greater impurity). It is, therefore, not lawful to give such copies of the Qur`aan Shareef to non-Muslims. Purity from both forms of impurity, viz. janaabat and hadath, is requisite for touching the Qur`aan Shareef.
Q: Not one of the trustees of our Mosque Board (and there are nine of them) is a punctual performer of the five daily Namaaz. What is their position in so far as their position of trusteeship is concerned?
A: These trustees of your Mosque Board are Fussaaq (rebellious sinners) as a result of their neglect of Salaat. Rasulullah (sallallahu alayhi wasallam) said: “He who neglects Salaat deliberately has committed kufr.” Furthermore, one of the conditions of trusteeship stipulated by the Qur`aan Shareef is regular performance of Salaat. Hence, these men are totally unfit and Islamically unqualified to be trustees of the Musjid. It is incumbent upon the community to force their dismissal from the sacred positions of Musjid Trusteeship.
Q: What is the lslamic position of Hulqa Thikr carried out on Thursdays in Mosques, especially here in Mauritius. Thikr is made loudly with people jumping in ecstasy occasionally?
A: Hadhrat Ibn Mas`ood (radhiyallahu anhu) the venerable Companion of Rasulullah (sallallahu alayhi wasallam) ordered the expulsion from the Musjid of such base innovators. This is a practice of Riyaa (ostentation) and a custom of evil innovation originated by men who had drifted far, far from the Path of Rasulullah (sallallahu alayhi wasallam). Indulgence in such un-Islamic practices is a grave sin.
Q: What is the significance of burning lobaan and agarbatti? Of what are these made?
A: Burning of lobaan (incense) and agarbatti has no Islamic significance. We do not know of what these are made.
Q: It has been said that Satan cannot assume the form of Rasulullah (sallallahu alayhi wasallam) in one’s dream. This is the authoritative and accepted view of the Ulama. If one sees in a dream Rasulullah (sallallahu alayhi wasallam) giving an instruction, and such instruction appears to be contrary to the teaching of the Shariah, what course should one adopt?
A: There exists total unanimity (Ijmaa) of the Ummah that dreams as well as “kashf” (inspiration or forms of revelation to the Auliyaa) even if thousands of persons witness such dreams or kashf, shall not be accorded preference in the event of it conflicting with the Proofs of the Shariah, viz., Qur`aan. Sunnah, ljmaa and Qiyaas. Any kashf or dream which conflicts with the Shariah shall necessarily be rejected. If the one who claims such a dream (instruction from Rasulullah – sallallahu alayhi wasallam) or kashf (which conflicts with the Shariah) is not a reliable person then he shall he branded as a liar and a fraud. And, if he happens to be a pious person, then it shall be said that he has been the victim of some confusion and misunderstanding. For example, a certain pious man in Egypt saw in his dream that Rasulullah (sallallahu alayhi wasallam) said: “I drink liquor.” All the Ulama of Egypt unanimously proclaimed that this pious person erred as a result of confusion in the dream. Rasulullah (sallallahu alayhi wasallam) must have said something else which this man misunderstood. A further explanation regarding such dreams in which one sees Rasulullah (sallallahu alayhi wasallam) issuing an instruction in contradiction to the Shariah, is the view presented by the Ulamu-e-Baatin, viz. Ulama who have attained perfection in Tasawwuf. They state that the “Zaat-e-Mubaarak” (the holy nature or being of Rasulullah (sallallahu alayhi wasallam) in the realm of Barzakh (the state which follows death) is like a mirror. On certain occasions the one who sees Rasulullah (sallallahu alayhi wasallam) in a dream will view his (the dreamer’s) own actions mirrored in the glorious “zaat” of Rasulullah (sallallahu alayhi wasallam). In view of these interpretations as well as the existence of other possibilities it is not permissible to rescind any teaching of the Shariah on the basis of such dreams and revelations. (The aforegoing explanation has been given by Hakimul Ummat, Hadhrat Maulana Ashraf Ali Thanvi (rahmatullahi alaiyh).
Q: In our town a non-Muslim butchery advertises his meats as Halaal. In his butchery he has a separate meat-counter for Halaal meat. He says that he has separate knives, utensils and a saw for Halaal meats. In the same premises he sells Haraam meats including pork. Some Muslims have started to do their meat purchases from this butchery although no Muslim body had certified this butchery’s meats as Halaal. The owner of the butchery says that he purchases the Halaal meat from the Johannesburg abattoir and that the carcasses bear a Halaal marking which is stamped on the carcasses at the abattoir. Is such meat Halaal? Are Muslims allowed to buy and eat the meat from this butchery?
A: No matter from where this non-Muslim buys his meat and no matter what assurance he gives, his meats are Haraam. The Shariah rules that the word and the assurance of a non-Muslim on matters of Deen are not acceptable. It is therefore, not lawful for Muslims to purchase the Haraam meat from this butchery. You should make a report regarding this matter to your local Ulama body who will then expose the illegal advertisement of this particular butcher. Alternatively you may furnish us with the name and address of the said butchery so that we may inform the Muslim public through “The Majlis”.
Q: Three months after pregnancy a woman had a miscarriage. What is the Shariah order regarding burial of the miscarried baby?
A: If some human form or organ, e.g. hand, foot, nail or hair, has developed then it will be regarded as a baby in terms of the Shariah. Ghusal will be given. It will be wrapped in a single sheet and buried without performing Salaatul Janaazah. If no human form or organ is discernible then it will be merely buried without ghusal and kafan.
Q: Is it Sunnat to recite Surah “Innaa anzalnaa” after Wudhu?
A: It is not Sunnat, but it has been a practice of pious people. Its recital, therefore, after Wudhu is beneficial provided that it is not believed to be a Sunnah practice.
Q: Is it permissible to utilize the fat obtained from wild animals (lions, elephants, etc.) for purposes other than eating?
A: It is not permissible.
Q: Is it Fardh, Sunnat, etc. for the lmaam to make faateha after every Sunnat and Nafl Namaaz with the Jamaat saying aloud Aameen?
A: It is neither Fardh nor Sunnat. In fact this practice is not permissible. This practice known as “faatehaa thaani” has been established as a compulsory practice by those who have strayed from the Sunnah. It is necessary to abstain from this practice. It is Sunnah to make Dua in congregation after every Fardh Salaat. To make Dua after Sunnat and Nafl Salaat is the choice of the individual. One is free to make any Dua at any time. But, it is not lawful to assign any Shar`i status (e.g. Fardh, Waajib, Sunnat, etc.) to an innovated practice.
Q: What is the position of Halwa in Shab-e-Baraat?
A: It is an evil innovation. A practice which has no Islamic support no origin in the Sunnah.
Q: Which Yoghurt can we consume and which is Haraam?
A: All fruit Yoghurt manufactured by National Cooperative Dairies (NCD) are Haraam. Only the range of FRUIT Yoghurt cannot be consumed.
Q: It is permissible to eat ice cream and vanilla essence?
A: If the ingredients used in the manufacture of ice cream and vanilla essence are Halaal then there will be no doubt in its lawfulness. If the ingredients or some ingredients are not Halaal then, of course, consumption will be Haraam. We do not know if vanilla essence contains any Haraam ingredients and we have no reason to suspect this product, hence we see nothing wrong in its consumption. Regarding ice cream, we have heard many rumours circulating that it contains Haraam gelatine. However, this has not been established conclusively by anyone as yet. We cannot therefore say that ice cream is Haraam. however, it is best to abstain from doubtful things. However, it should be remembered that a product will not become “doubtful” merely on the basis of rumours circulating among the general public. There must be strong grounds for a product to be assigned to the “Mushtabahaat” (doubtful) category.
Q: After the Eid Salaat it is customary for people to embrace each other and shake hands in the Musjid. Is this practice correct?
A: In places where this custom is considered to be compulsory and necessary, there one should refrain from it. Shaking hands with Muslims is in itself a laudable practice, however, to assign to it a status higher than what has been accorded to it by the Shariah would be indeed incorrect. This practice of shaking hands and embracing after Salaat has been accorded such an obligatory nature that those who do not uphold this custom are vilified. This is palpably wrong. A practice which has not been regarded as compulsory by the Shariah should not be projected as such.
Q: Is it permissible to consume medicines containing alcohol?
A: By the term “alcohol” the common meaning of liquor or intoxicating wine is understood. However, medicinal alcohol does not fall under the four classifications of “khamr”. Medicinal alcohol is a chemical compound derived from a great variety of sources, e.g. coal, tar, wood, plants, seeds, etc. Hence, medicines containing such forms of “alcohol” will not be Haraam.
Q: When drinking the water of Zam Zam we generally stand, face the Qiblah and then drink the water. Is this compulsory?
A: It is not compulsory. However, it is meritorious to drink the holy water of Zam Zam in this respectful manner, and after drinking make Dua.
Q: After the Azaan some people lift their hands and make Dua, others do not lift their hands when making the Dua after Azaan. Which is the correct way?
A: It is “Afdhal” (better) to make the Dua after Azaan without raising the hands, but it is also permissible to raise the hands. However, where the practice of raising the hands after Azaan has become an obligatory practice, there one should refrain from adopting this method of Dua. Reciting the Dua without raising the hands (i.e. after the Azaan) should be the method adopted as this is the best.
Q: The Imaam of our Mosque indulges in the following activities:
(a) Owns a television.
(b) Listens to Haraam songs played over the tape recorder.
(c) Shakes hands with the wives of others.
(d) He generally practices innovation (Bida’t).
(e) He regards payment for carrying out Janaazah Salaat and burial and performing Nikahs as compulsory. In other words it is compulsory to pay him when he does these services.
(f) He has been engaged by our society to teach children in the Madressa during the mornings. But instead, he has taken morning employment at a poultry plant to slaughter chickens there.
(g) It has become customary for the Jamaat to collect money during the two Eids for the purpose of giving it to this Imaam.
What steps does the Shariah permit us to take against this Imaam?
A: Your lmaam is Faasiq of the first order. One who indulges publicly in the evils mentioned and one who is so grossly negligent of his duty is wholly unfit to be the lmaam of the Musjid. It is perfectly correct to dismiss this Imaam from his post if he does not desist from the un-Islamic activities mentioned above.
The practice of collecting monies for the Imaam on the occasion of the Eids should also be discontinued. The lmaam is being paid for his services. If any member of the Jamaat feels so generous to present a gift to the lmaam then he should personally hand same to the Imaam. The form of collection made for the lmaam is no gift. It is an un-lslamic practice. Monies are in fact extracted from the public under covert or indirect pressure. People contribute to this form of collection because of it being customary. Gifts (Hadaayah) are not solicited. Gifts are forthcoming voluntarily and are given on the basis of love without going around like beggars collecting.
Q: If the lmaam realises his folly, shall he make Taubah publicly?
A: There is no need for this. Taubah should be made unto Allah Ta`ala. It will suffice if he desists from these evil acts.
Q: If a woman is dressed in full Purdah (Burqah with Niqaab covering the face) will it be permissible for her to sit in the presence of an Aalim and obtain Islamic lessons?
A: The Qur`aan Shareef commands: “And, when you (O men!) ask them (women) something, then ask them, from behind a HIJAAB (screen).” (Surah Ahzaab)
According to the Shariah it will not be permissible for the woman, even in full Purdah, to sit in the presence of a male. It is necessary, i.e. compulsory, to erect a screen between the woman and the man, and even if there is a separating screen, the Aalim or any man shall not remain alone in the room if there is only one woman present. Rasulullah (sallallahu alayhi wasallam) has warned against solitude with women, for he said that shaitaan operates in the body of man like blood runs through the body vessels. Ulama should be particularly cautious in this matter. The tricks and snares of the nafs are indeed great.
Q: How is it to make dua in Sajdah, i.e. making a special prostration for the purpose of dua?
A: In privacy such Sajdah could be made. However, one should refrain from it in the Musjid. In Durrul Mukhtaar it is stated: “It is Makrooh (reprehensible) to make such a Sajdah after Salaat, for ignorant people will believe it to be Sunnat or even Waajib.”
Q: Is Waseelah of our Nabi (sallallahu alayhi wasallam) permissible according to Qur`aan and Hadith?
A: “Waseelah”, i.e. supplicating or making dua to Allah Ta`ala by saying, for example: “O Allah! Accept my dua or grant my wish through the waseelah (medium or agency) of Rasulullah (sallallahu alayhi wasallam).”, is perfectly lawful and permissible. But, some people understand by the term, “WASEELAH” that one has to direct one’s dua and prayer TO Rasulullah (sallallahu alayhi wasallam). Thus instead of appealing TO Allah Ta`ala, they direct their dua TO Rasulullah (sallallahu alayhi wasallam). It is this practice of misdirecting one’s dua which is a form of “shirk” (association in the worship of Allah). Allah alone accepts duas and grants wishes. The belief of “waseelah” which many misguided people hold, viz, that dua has to be directed directly to Rasulullah (sallallahu alayhi wasallam) or some Auliyaa, is un-Islamic and diametrically opposed to the Qur`aan and Ahadith.
Q: Is the customary Urs permissible?
A: “Urs” was never practiced by any of the Sahaabah or the great Fuqahaa and Muhadditheen. Our forms of Ibaadat or worship should be maintained unadulterated and strictly in conformity with the form and method shown to us by Rasulullah (sallallahu alayhi wasallam) and his illustrious Sahaabah. The main and prime purpose of Islam is to teach mankind the way to obtain Allah Ta`ala’s pleasure. And, this Pleasure is obtained by way of the IBAADAT taught to us by Rasulullah (sallallahu alayhi wasallam). It is therefore of paramount importance that we do not divert from the lbaadat practices commanded by Islam. To depart from the customary Ibaadat practices of the Sahaabah is opening the doorway to “Dalaal” (going astray). “Urs” is not and never was a practice of the Sunnah. It is a custom which is foreign to the Qur`aan, foreign to Rasulullah (sallallahu alayhi wasallam), foreign to the Sahaabah, foreign to the great Fuqahaa (Jurists) and Muhadditheen of Islam. In short, the customary “Urs” has no origin and no sanction in the Shariah of Islam. This practice of “Urs” has been accorded the status of lbaadat by the perpetrators of this un-Islamic custom. But to do so is to cast aside the clear warning of Rasulullah (sallallahu alayhi wasallam) to abstain from the introduction of “worship” practices and customs alien to Islam unfounded in the Qur`aan and Ahadith. Our lbaadat must be maintained as simple as possible and as pure as possible. This is the only way to adhere to the Sunnah. Muslims must avoid and shun participation in this practice which most assuredly invites the displeasure of Rasulullah (sallallahu alayhi wasallam) and the Wrath of Allah Ta`ala.
Q: Is it permissible to take photos of people in marriages, lectures, conferences, etc.?
A: It is not permissible to do so. Pictures of all forms of life (human and animal) are strictly forbidden by Islam. Rasulullah (sallallahu alayhi wasallam) has criticized this idolatrous practice. Besides it being an idolatrous practice it is saturated with “riyaa” (ostentation showing-off), and the presence of pictures of animals or of human beings debars the Angels of Mercy from entering the homes of people.
Q: Many people have the habit of sitting on foodstuff, e.g. on bags of sugar. Cases of canned foods, etc. Is it permissible to sit on such foodstuff?
A: Food is meant for human consumption and nourishment. It has therefore to be accorded the respect and dignity it deserves Because of its status of Rizq from Allah, it seems to us that it is wrong to sit on it. We have not come across this specific example in our Kitaabs and at this stage cannot issue a definite ruling of permissible or not permissible. Insha`Allah, at a later stage we shall obtain a ruling. You may also seek the guidance of other Ulama on this matter.
Q: Many people call others by nick-names. If the nick-names are not offensive and those who are nick-named do not take offense at being called by their particular nick-names, will it be permissible to call them by such names?
A: Nick-names provided they are not offensive and cause no hurt whatsoever and are not given in derision of others are permissible. Rasulullah (sallallahu alayhi wasallam) called Hadrat Ali (radhiyallahu anhu): “Abaa Turaab” (or son of the sand). Again another Sahaabi was called by Rasulullah (sallallahu alayhi wasallam) as “Thul Yadain” (or the one of the long-arms).
Q: What is the Shariah ruling on “jadoo” (black magic)?
A: The Shariah decrees that “Sihr” or magic is an act of kufr. It is the “amal” (act) of shaitaan.
Q: Certain individuals are of the opinion that it is not necessary to adhere strictly to one particular Madh-hab because according to them all four Madh-habs are based on the Qur`aan and the Sunnah. In this regard, they say that the Ulema and the community are sectionalists. Could you please explain?
A: Sectionalists? The individuals who are so scared of this term betray their gross sense of inferiority. Western influence or some other form of diabolic influence have afflicted these individuals with a kind of mob-mentality. If the mobs regard “sectionalism” as bad then it does not mean that the term is necessarily bad and to be avoided. What do these individuals understand by the term, “sectionalists”? What is their definition of this term? If sectionalism in their definition refers to those who are firm adherents of the Madh-habs, then we must loudly proclaim that we are proud to be labelled as “sectionalists”, for Islam commands this very “sectionalism” which these individuals so much loathe. The safety of our Deen, the safety of our lmaam is embedded in following a PARTICULAR Madh-hab – or a particular form of “SECTIONALISM” initiated by the great Sahaabah of Muhammadur Rasulullah (sallallahu alayhi wasallam). There is absolutely nothing wrong with a “sectionalism” based on the Qur`aan and the Ahadith. The followers of Imaam Abu Hanifah (rahmatullahi alayh) constitute a “section” of the Ummah; the followers of Imaam Shaafi (rahmatullahi alayh) are a “section” of the Ummah; the followers of Imaam Maalik (rahmatullahi alayh) are a “section” of the Ummah and so are the followers of Imaam Ahmad lbn Hambal (rahmatullahi alayh). All these sections of Haqq unite to form the Ummah of Rasulullah (sallallahu alayhi wasallam). Strict adherence to a particular Madh-hab is of fundamental importance to combat the dictates of the wayward nafs of man. If every person had to be granted the latitude to flit from Madh-hab to Madh-hab then there would be no Deen left. The Deen would then become the victim of one’s whimsical fancy. Instead of FOUR Madh-habs we then have thousands of petty Madh-habs based not on the Qur`aan and Hadith, but on the dictates of nafs, desire and ego. Our modernist luminaries who are so vociferous in their clamour for an interchange of Madh-habs fail to discern the anarchy and chaos concomitant to such a move. They hopelessly fail to realise that not a single one of the great lmaams (Jurists) whose Madh-habs even the modernist concedes to be based on the Qur`aan and Sunnah, advocated or gave permission to flit from Madh-hab to Madh-hab. The Deen is the product of Wahi (Divine Revelation) and not the product of human intelligence. The Fuqahaa (Jurists of Islam) formulated their respective vieszpoints and issued their rulings believing implicitly that these were correctly deduced on the firm basis of the Qur`aan and Sunnah, hence their verdicts carry the full force of the Shariah, and the Shariah cannot be subjected to our opinions and fancies.
It is only a person whose practical life is lax and who is grossly negligent of his Islamic duties who has a strong inclination to jump from Madh-hab to Madh-hab. Those in search of loopholes for escaping the restrictions of the Shariah usually attempt to flit from one Madh-hab to another. This constitutes a mockery of the Deen, a mockery of what is sacred and divine. For example: A man committed fornication and as a result, the law of Musaaharah will apply according to the Hanafi Madh-hab, i.e. this person who is a Hanafi will not be able to marry this woman’s mother, daughters, aunts, etc.. However, according to the Shaafi Madh-hab the law of Musaaharah is not established if one has committed fornication. Musaaharah is established only by means of marriage according to the Shaafi Madh-hab. Now this Hanafi Muslim because he now wishes to marry the daughter of the woman with whom he fornicated argues that all the Madh-habs are based on the Qur`aan and Sunnah, hence he can get married to this woman’s daughter on the basis of Imaam Shaafi’s ruling. This is indeed trifling with the Law of Allah Ta`ala. The Shariah has been made the victim of one’s carnal desires.
Adherence to a particular Madh-hab will ensure that the nafs and shaitaan do not make the Muqallid (follower of a particular Madh-hab) a victim to the devellish snares of desire and egos. Those who are given to the rejection of Taqleed are trodding along a perilous path a path which leads to the finality of one’s Imaan
Q: Is it permissible to eat a dead fish found floating on the water?
A: It is not permissible.
Q: What is the ruling with regard to selling non-Halaal tinned meats to non-Muslims?
A: All non-Halaal meats regardless of form of packing are Haraam. Such meats are termed in the Shariah as “maitah” or carrion. It is not lawful to sell such Haraam meats even to non-Muslims.
Q: Is it permissible to insure the plate glass of shop windows? A Molvi Saheb says that it is not permissible?
A: All forms of insurance contracts are unlawful according to the Shariah because these are essentially Riba transactions. It is, therefore not permissible to enter into these insurance/riba contracts.
Q: Have we the right to reply: “Wa alaikumus salaam” to a non-Muslim who greets us in the Islamic fashion?
A: It is not permissible to reply: “Wa alaikumus salaam” to a non-Muslim who greets you, regardless of the form of salutation adopted by the non-Muslim. If a non-Muslim greets you with the Islamic salutation, then reply: “Hadaa kal laah” which means: May Allah guide you (i.e. give you the Tawfeeq to accept the guidatice of Islam).
Q: Here in Mauritius many people go to the seaside on the last Wednesday of the month of Safar, saying that this is a Sunnah practice. Is it so?
A: Making “safar” (journeying) to the seaside on the last Wednesday of the month of Safar is not a Sunnah practice. It is therefore wrong to ascribe this practice to the Sunnah.
Q: Can a Muslim wear his trousers below his ankles?
A: Rasulullah (sallallahu alayhi wasallam) has prohibited this practice in many Ahadith. The Ahadith condemning the wearing of the trousers below the ankles are very authentic. There is no scope for difference of opinion on this issue. The words of Rasulullah (sallallahu alayhi wasallam), the practice of Rasulullah (sallallahu alayhi wasallam), the statements of the Sahaabah and the practice of the Sahaabah are most emphatic and clear-cut regarding the prohibition of wearing the trousers below the ankles. In one Hadith it is stated that the portion below the ankles covered by the trousers will be in the fire. Another Hadith states that the ankles have no right to the trousers. The Muslim must, therefore wear his trousers ABOVE and not on or below the ankles.
Q: Is it permissible to use contraceptives if the health of one’s wife does not permit childbirth?
A: It is permissible.
Q: What was the name of the “firoun” (king) who reigned during the time of Hadhrat Musa (alayhis salaam)?
A: Wahid lbn Mus’ab Ibnir Rayyaan.
Q: How shall we dispose torn and tattered pages of the Holy Qur`aan?
A: Wrap them in a clean cloth and bury in a spot where it will not be trampled on.
Q: Today most products have pictures of animate objects, e.g. pictures in books, newspapers, magazines, food containers and a host of other articles. What are Muslims supposed to do with these articles coming into their homes?
A: We do not agree with the word “most”. In fact the majority or most of the articles entering our homes are devoid of pictures of animate objects. We can say that many articles have pictures. A Muslim by virtue of his lmaan and love for Rasulullah (sallallahu alayhi wasallam) will strive to the utmost of his ability to eliminate all acts, practices and objects which Rasulullah (sallallahu alayhi wasallarn) detests and which Islam has categorically prohibited. The task of eliminating these un-Islamic and unlawful pictures on objects entering our homes is not insurmountable. A Muslim conscious of the purpose of his presence here on this transitory earth will not find it difficult in the least bit to obliterate these Haraam pictures in the same way in which Jibraeel (alaihi salaam) informed Rasulullah (sallallahu alayhi wasallam) to obliterate the pictures of animate objects. Once Jibraeel (alaihi salaam) refrained from entering the home of Rasulullah (sallallahu alayhi wasallam) because on the screen in the house was a picture of a person. Jibraeel (alaihi salaam) asked Rasulullah (sallallahu alayhi wasallam) to cut off the head of the picture so that it resembles a tree. Rasulullah (sallallahu alayhi wasallam) complied and defaced the head of the picture. And, this should be the practice of all Muslims. Educational books, etc. which you intend keeping should be subjected to this practice of “defacement”. Whilst reading these books, deface or erase the faces of the pictures in honour of Rasulullah’s detestation of these pictures. We undergo much difficulty and hardship in the acquisition of our worldly and temporary pursuits. How much difficulty and hardship are we prepared to undergo in an effort to establish our everlasting life of the Hereafter? From morning till night we are prepared to strive, toil and sweat for our daily bread for temporary material gains, but we find it most difficult to sacrifice a few minutes in an endeavour to obtain the everlasting Pleasure of Allah Ta`ala.
Besides books which we intend keeping, newspapers, food containers, etc. should be discarded and removed from the home once the purpose has been served. Newspapers with pictures of animate objects should not be left lying around the house, for Rasulullah (sallallaahu alayhi wasallam) said that the Angels of Rahmat do not enter homes wherein these pictures of life are.
Islam has decreed pictures of animate objects to be a major sin. It is therefore imperative that we do everything in our power to obliterate this practice. And, if in the process of striving to eliminate these pictures from our homes we find difficulty, then know that we have in fact been created and sent onto earth to undergo a trial and to prepare ourselves for the Aakhirat. On earth the Muslim must not expect life to run smoothly to the satisfaction of his/her desires. Rasulullah (sallallahu alayhi wasallam) said:
“The world is a prison for the Believer and a paradise for the unbeliever.”
Courage, determination and effort are required to stem the avalanche of un-Islamic practices encircling us. With sincerity and effort all difficulties will recede and practicing on the Sunnah will, Insha`Allah, become quite simple.
Q: Is it permissible to sell a Qabrustaan (cemetery) which is Waqf property?
A: A Qabrustaan which has been declared as Waqf is not the property of any person nor of the community. No one has the right to own it or sell it. It is recorded in the Islamic Law Book, Hidaayah:
“When the Waqf has become valid then it is not lawful to sell it nor to make (anyone) its owner.”
Q: Some non-Muslims wish to donate towards the erection of our Mosque structure. Is it permissible to use the money of non-Muslims in building of Mosques?
A: It is permissible with two conditions:
a). There is no possibility of the Muslims being indebted to the non-Muslim donors or the non-Muslim donors have any control or say over the Mosque or the Muslims. There must be absolutely no strings attached to the donation.
b). There must be no fear that Muslims because of the donation may become apologetic towards the nonbelievers and participate in their religious functions so as to maintain the “good and friendly relations” with the non-Muslim donors.
This answer is extracted from Imdaadul Fataawa.
Q: What is the time limit for a Nafl I’tikaaf?
A: There is no fixed time or time limit for observing a Nafl I’tikaaf. A Nafl I’tikaaf of even a few moments is valid and it merits great Thawaab. Upon entering the Musjid one could make Niyvat for observing Nafl I’tikaaf. Merely intend that you are sitting in I’tikaaf and engage in any activity of Ibaadat, eg. Zikr, Dua, Tilaawat.
Q: I have a set of false teeth. Is it permissible to use the Miswaak on these teeth? Is there any Thawaab for using a Miswaak on false teeth?
A: It seems to us that the Miswaak should be used on even false teeth with the intention of fulfilling Rasulullah’s Sunnat. Having this intention we are sure you will obtain the Thawaab of the Miswaak just like a baldheaded person who passes the razor over his head during Hajj with the intention of fulfilling the Halq (shaving of the head) practice of the Hajj.
Q: Many people use creams for brightening their complexion. Many of these creams contain Haraam ingredients. Is it permissible to trade in such Haraam creams?
A: People should be satisfied with the complexion willed to them by Allah Ta`ala. It is the result of a gross sense of false inferiority inherited from imitating and aping the ways of the Kuffaar that people (and even Muslims) feel dissatisfied with their natural complexions. It is not permissible to trade in creams containing impure and Haraam matter.
Q: A man keeps a beard having the intention of carrying out the duty of the Shariah. However, his beard does not grow to the length prescribed by the Shariah. Will he obtain the Thawaab of growing a full Islamic beard seeing that he had such a Niyyat?
A: Of course he will, Insha`Allah. His beard not reaching the prescribed length is not by his own choice but by the Will of Allah. His Niyyat is what is counted here.
Q: What is the position of a person who cuts his beard and does not allow it to grow to the length prescribed by the Shariah?
A: One who cuts his beard to a size less than what has been ordered by the Shariah or does not allow his beard to attain the prescribed length is committing a Kabeerah (great) sin, and this heinous commission earns for him the Islamic epithet of FAASIQ which means a naked and a rebellious sinner. The type of beard he keeps is not an Islamic one, he simply imitates the way of the Kuffaar.
Q: What is the Islamic vieszpoint concerning the donation of one’s own body after death to medical institutions for the furtherance of science? These dead bodies are then dissected by medical students and mutilated. Muslim doctors always say that dissection has to be done on dead human bodies in order to treat future diseases that may arise in a living person. Definitely, the knowledge gained by doctors has contributed greatly to treating patients, but what is the Islamic vieszpoint on this matter? Muslim students studying medicine have to dissect dead human bodies to gain first hand knowledge of the human body. Is this permissible in Islam? Please answer these two questions as the answers will help me and the other students here in Dublin tremendously.
A: Both acts, i.e. donating one’s own body and dissection and mutilation of human bodies, are unlawful in lslam. The end, no matter how noble and laudable, will not justify the means if such means are outlawed by Islam. Donating one’s body and mutilating human bodies are Kabeerah (great) sins from which Muslims must abstain regardless of the worldly and material loss to be suffered as a result of adherence to the Law of Allah.
Q: How is it to obtain a bond to build a house?
A: If the bond is interest-bearing (Riba), then it will not be permissible to do so.
Q: Is it permissible to use interest money to build a toilet for one’s own use? I have received a substantial amount of interest from the bank, therefore I would like to know if I may use this money to build a toilet.
A: It is not permissible to use interest money or any other Haraam money for one’s own requirements. You may therefore not build a toilet with such money. You shall have to give the unlawful money to the poor without making any Niyyat of Thawaab. It is obligatory to eliminate all Haraam wealth in one’s possession.
Q: Some people drink water with the left hand. What is the ruling on this?
A: It is un-Islamic to eat and drink with the left hand. Rasulullah (sallallahu alayhi wasallam) said that shaitaan eats and drinks with the left hand. Rasulullah (sallallahu alayhi wasallam) cursed a certain man who habitually ate and drank with his left hand, and as a result his hand was paralysed. Similarly, Rasulullah (sallallahu alayhi wasallam) cursed a woman who was eating with her left hand, and as a result she died in a plague.
Q: What is the sunnat method regarding wiping the hands after washing for meals?
A: Hands washed for meals should not he wiped. Hands washed after meals should be dried. This is the Sunnah method.
Q: It is customary to invite people for a feast to the home of the dead person. After he/she (the dead) has been buried. Is this permissible?
A: It is not permissible. This custom is a Bidat-e-sayyiah (an evil innovation). It is a custom innovated by wrongdoers and given religious sanction by them. They have exceeded the bounds in this custom and have thus strayed from the right path. It is necessary to abstain from indulgence in this un-Islamic custom.
Q: Is it permissible to kiss the grave of a saint or of ones parents?
A: It is not permissible.
Q: Is it permissible according to the Shariah to visit the cemetery every Thursday night in groups and make dua with the Imaam leading?
A: It is permissible to visit the Qabrastaan (cemetery) on any day and at any time, but it is un-Islamic to establish any mode or form of practice not ordained by the Shariah. Rasulullah (sallallahu alayhi wasallam) and the noble Sahaabah (radhiyallahu anhum) visited the graveyard, but did not do it in the manner you have described. To fix any special day for visiting the cemetery is wrong, for it will mean transgressing the Sunnah practice. Further, visiting the cemetery in organized groups and conducting the duas in any organized form not originating in the Sunnah is not a practice of Islam. Every new practice innovated and given the cloak of lbaadat is indeed an evil innovation since the new practice will displace the Sunnah practice. If we follow our own invented practice (like the practice you describe) of visiting the cemetery then we will most surely be displacing the practice of Rasulullah (sallallahu alayhi wasallam). Rasulullah (sallallahu alayhi wasallam) visited the cemetery on various days and occasions, not stipulating any particular day although it is of greater merit to visit the Qabrastaan on the great nights of Baraat (15th Night of Shabaan), Qadr and on the day of Friday. There is no stipulation that the dua or Qur`aan be recited in group-form. Everyone should recite of the Qur`aan and make dua as he pleases although it is of greater benefit to recite the first and the last Rukus of Surah Baqarah at the graveside. In short, the method of visiting the cemetery described by you is not sanctioned by the Shariah. You should therefore, abstain from participation in this innovated practice.
Q: Is it permissible on certain occasions to lay “chaadar” (sheet) over the graves of saintly persons?
A: This is an un-Islamic practice which have no origin and no sanction whatsoever in Islam. It is a highly detestable custom which must he shunned. To place any “chaadar” over graves is an act which is Haraam.
Q: Is it allowed to undertake a Minnat (Vow) on the names of saints, etc.?
A: It is Haraam to make “Minnat” (Vow to fulfill a certain Ibaadat or good act if a certain wish or due is granted) to saints and anyone else besides Allah Ta`ala. The “Minnat” is a Vow which can only be made unto Allah Ta`ala. To make “Minnat” in the names of saints, etc. is an act of Shirk.
Q: What is the position of a sinner who dies during the month of Ramadhaan? Will he enter Jannat even if he did not fast?
A: The knowledge of who will enter Jannat is with only Allah Ta`ala. No person can say for a surety that a certain sinner with enter Jahannum and a certain pious person will enter Jannat. Islam teaches us the rule that the good will enter Jannat and the evil Jahannam. Death in Ramadhaan is a sign of being forgiven and accepted by Allah Ta`ala but this does not necessarily mean that a person who has died in Ramadhaan will definitely be accepted immediately for Jannat, although we should cherish good thoughts about even sinners who die during Ramadhaan. And, who besides the Ambiyaa, are not sinners?
Q: Is it permissible for a woman in her Haidh periods to slaughter a fowl or any other Halaal animal?
A: It is permissible.
Q: Can we sell animals fats like lion fat, tiger fat, crocodile fat, etc. sold by muti shops?
A: It is not permissible to buy or sell meat or fat, the eating of which is not permissible. Haraam meat and fat according to the Shariah is not fit for consumption by even dogs, hence, a Muslim is not allowed to feed even dogs on what is Haraam.
Q: What is the ruling on buying and selling jackal skins, elephant skins, etc.?
A: All skins, besides the human skin and the pig skin, are permissible for trade, etc. provided that these have been treated if the skins were taken from such animals which were not slaughtered in accordance with the Shariah method. Hence, the skins of wild animals which have not been slaughtered (Zabah) are Taahir (Paak or pure) after these have been treated. If the animal is slaughtered in accordance with the Islamic method of Zabah, then the skin will be TAAHIR even before treating. Trade in such skins is therefore Jaaiz (permissible).
Q: Can we sell malt, corned meats, jabula and wigs?
A: Please explain first what is malt and Jabula. It is not permissible to sell Haraam corned meats. It is permissible to sell wigs.
Q: Is it allowed to make a conditional Wasiyyat which will come into operation after one’s death? Say, for example, one will be getting a thousand rand’s share dividend annually and one makes the Wasiyyat that after death this annual income be distributed to the poor in the event of the deceased’s family (wife and children) being in good financial position. However, if they happen to be in financial difficulty then the thousand rand share has to go to the family.
A: A conditional Wasiyyat (bequest) is permissible, but the case cited by you is not permissible. Death cancels one’s right of property in one’s wealth, hence the division and distribution of the estate of the deceased takes place only in accordance with the rules of the Shariah, the will or choice of the deceased recognised in only a lawful Wasiyyat. The Shariah permits one to make Wasiyyat in not more than one third of one’s total estate, and the Wasiyyat cannot he made in favour of any of the heirs (those who will inherit according to Islamic Law). The Wasiyyat is made in favour of a non-inheritor.
Q: It is known and understood that abortion is not permissible in Islam. If, however, the woman is an invalid and definite medical proof shows that childbirth will be extremely detrimental to the health of the woman, would it be permissible to resort to abortion under such circumstances?
A: Once life enters the foetus, abortion will never be permissible no matter what the circumstances. However, prior to life entering the foetus, abortion will he permissible if valid grounds exist, and if the medical experts say that childbirth will be “extremely detrimental” to a particular woman, abortion of the dead foetus will be permissible. However, abortion of even the dead foetus without reason is HARAAM. (ANSWER TAKEN FROM IMDAADUL FATAAWA.)
Q: I have a grocery shop in an African area, and I have customers who buy malt, brown bread, brown sugar and yeast with which they brew beer which is alcoholic. Is it lawful for me to sell these items when I know that they make alcohol out of it?
A: Brown bread, brown sugar and yeast are perfectly Halaal items which are wholesome to consume, hence lawful to to sell. Their “misuse” is not your concern. According to the Shariah, goods which are Halaal to consume, are Halaal to sell and buy. We are not so sure as to what this “malt” is. Please inform us if this “malt” is a substance used ONLY to ferment alcohol; in its present state (the state when you are selling it) is it alcoholic? Or is it a substance like any other grain which could be misused to ferment alcohol? If it is something which is used ONLY in alcohol production or if in its present state it is in itself alcoholic, then trade in it would not be permissible. However, if it is a wholesome food substance like other grain (for example), then trade in it is undoubtedly permissible. And, Allah knows best.
Q: I have inherited from my late father a considerable sum of money by way of an insurance policy. I have not yet received the money, but will be receiving it soon. Is it lawful for me to inherit this “insurance” money which I am given to understand is not Halaal?
A: Insurance contracts are Riba transactions and Riba is a crime worse than fornication. The “gain” of Riba is strictly Haraam. It is not permissible to inherit any Haraam wealth. All Haraam wealth in one’s possession have to be given in a charitable cause IF the rightful owners or their heirs cannot be located, and an insurance company is not the rightful owner of the Haraam wealth in its coffers. Calculate the amount your late father “deposited” with the insurance company in the form of “premiums”. You will be entitled to only the amount paid in by your father to the insurance company. The excess which is Riba will have to be given in charity, and as is the case with such “charities” from Haraam wealth, it is not permissible to make a Niyyat of Thawaab when effecting the “charity”, for Rasulullah (sallallahu alayhi wasallam) said that to give charity with Haraam is like washing garments with urine. And, Allah knows best.
Q: Which parts of a Halaal animal are not permissible to eat?
A: Blood, the male and female genital organs, pancreas, bladder, testicles and glands.
Q: An unknown person from Johannesburg has sent me the latest copy of “MAJLIS”. I want him to know that I am getting my supply regularly enough and that he must save stamps, postage and labour. This unknown person has committed an un-Islamic act; in that, below my name on the wrapper he has added the words: DISCIPLE OF LAHAB (Letter abridged).
A: This unknown person should take heed that it is un-Islamic to address another Muslim as “Disciple of Lahab” no matter how sinful he may be. In fact, if one’s gaze is fixed upon one’s own sins and shortcomings one will never have the inclination nor the leisure to concern about the sins of others. A Muslim should desist from referring to another Muslim as “Disciple of Lahab”, for no Muslim, no matter how sinful, could be classified with a Kaafir.
Q: Is it possible for the souls of departed persons to appear on earth?
A: With the permission and command of Allah Ta`ala it is permissible, and in fact, this does happen to certain souls after departing from this material plane of existence. Sometimes these souls appear in their original forms (i.e. with their physical bodies) and sometimes in some other form. However, it should be remembered that the appearance of souls on earth after death is not a rule, but occurs with the permission of Allah Ta`ala in certain cases.
Q: What is a Sufi?
A: The most comprehensive and appealing definition of a Sufi was furnished by the author of AL-YAWAAQEET. He defines a Sufi as “Aalim Ba Amal” or a practicing Alim.
Q: The Trustees of a certain Mosque have appointed a man who is known to have embezzled trust funds, as the Imaam of the Mosque. Furthermore, this Imaam is careless of his religious obligations, for example, he cuts his beard, wears his trousers below his ankles (even in Namaaz), observes no Purdah with females. How is it to perform Namaaz behind this Imaam? Is it better to perform our Namaaz at home or behind this Imaam?
A: It is Makrooh Tahrimi (an act which is detestable and forbidden) to appoint such an unqualified person as the Imaam of a Musjid. The Trustees are violating the Law of Islam in this respect and will be answerable unto Allah Ta`ala for this gross dereliction of sacred duty. The Trustees of a Musjid are holding positions of. sacred Trust which they must not regard lightly. Trusteeship of a Musjid nowadays is regarded as a popular post for gaining cheap glory, hence we see unqualified totally unfit persons aspiring and yearning to be Musjid Mutawallees. The Mutawallees of this particular Musjid in question are obliged by the Shariah to dismiss this Imaam. However, despite the “FISQ” of this lmaam and the un-Islamic and unlawful act of appointment of the Trustees, you should not forego the performance of your Salaat with Jamaat in the Musjid. It is permissible to perform Salaat with even such a Faasiq Imaam leading. Jamaat Salaat is of the greatest importance and has to be fulfilled even after this Imaam.
Q: What is the meaning of “MAJLIS”?
A: Literally. “MAJLIS” means “a place of sitting”. It also means: an assembly, a gathering, an association, a committee. etc.
Q: What is the best form of reciting salutations for Rasulullah (sallallahu alayhi wasallam)?
A: Durood Shareef. Recite the forms of Durood taught to us by Rasulullah (sallallahu alaihi wasallam). There is no better form of salutations.
Q: Is facing the Qiblah while answering the call of nature forbidden and sinful or is it merely disrespectful?
A: It is forbidden, detestable and highly disrespectful. In Sharhut Tanweer (an authentic Islamic Law Book) it is stated that to do so is Makrooh Tahrimi, i.e. forbidden, the perpetrator being guilty of sin.
Q: I am told that one should not enter the toilet bareheaded. Is this correct?
A: Yes. It is recorded in Raddul Mukhtaar: “One should not enter the toilet bareheaded”.
Q: The wife of a man committed adultery during her husband’s absence from home. After some years the husband discovered this through his wife’s diary written in her own writing. The husband is now not on talking terms with her. What should he do in this case according to our Muslim law?
A: The Shariah does not demand that she be divorced. If she has mended her ways and truly regrets her heinous action and repents then we feel that, it would be meritorious if the husband maintains the Nikah bond. Although the husband will be within his rights to divorce the unfaithful wife, but severing of the marriage bond brings many heartbreaking consequences in its wake. The crime, as you say, was committed years ago, she may have realised her evil act and have repented. If she is prepared to live faithfully with her husband now and in future, we advise that the home be maintained. And, Allah knows best.
Q: Why is “The Majlis” adopting such a negative attitude — I mean always emphasising on things like miswaak. beard, dress, etc?
A: On the Day of Qiyaamah when you will be seeking the intercession of Rasulullah (sallallahu alayhi wasallam) then do direct this question to him (sallallahu alayhi wasallam). If Rasulullah’s beloved Sunnah is “negative” to you then to even attempt an explanation would be, in the words of Rasulullah (sallallahu alayhi wasallam)): “…like stringing a garland of pearls around the neck of a swine.”
We voice our total inability to explain the Sunnats of Rasulullah (sallallahu alayhi wasallam) to an avowed enemy of Rasulullah (sallallahu alayhi wasallam)). The one who describes the beloved practices of Rasulullah (sallallahu alayhi wasallam) as “negative” and “out of touch with modern times” is truly speaking a munaafiq of the first order. We have no truck with such misguided ones. May Allah Ta`ala preserve us from uttering such infidelity.
Q: Is it permissible for a man to dye his beard black?
A: It is not permissible.
Q: What is the ruling on endowment policies?
A: Endowment policies and all forms of insurance policies are contracts or transactions of Riba which are Haraam. Muslims must, therefore abstain from involvement in such Riba transactions. Allah and His Rasool (sallallahu alayhi wasallam) have declared war on those who indulge in this capital sin of RIBA.
Q: We say: “INNA LILLAAHI WA INNA ILAYHI RAAJIOON” when we hear of the passing away of a fellow Muslim. Could we say the same in the case of the death of a non-Muslim?
A: We utter this statement in order to remind ourselves of our journey unto Allah Ta`ala, and that we will have to return unto Him. Hence, we are of the opinion that this formula could be recited even upon hearing of the death of a non-Muslim. However, we remain open to correction on this score. And, Allah knows best.
Q: Many Muslims are of the habit of saying the phrase: “FEE NAARI JAHANNUM” when they hear of the passing away of a non-Muslim especially so, if it was their enemy who passed away. Please comment.
A: Rasulullah (sallallahu alayhi wasallam) stated that actions will be judged with the final act committed. A man may have led a life of kufr, but he may have repented and embraced Islam a few minutes prior to the fateful appearance of the Angel of Death. It is, therefore wrong to utter: “Fee Naari Jahannum” when a person dies (whether Muslim or non-Muslim) for one’s end and true condition of heart is known unto only Allah Ta`ala. Assigning one to Heaven or Hell is the sole prerogative of Allah Ta`ala. Man may utter “Fee Naari Jahannum” a million times, but it is of no consequence in so far as the final position of repose of the deceased. Muslims should desist from making such statements.
Q: Assuming that a Muslim is critically ill and he is suffering before his death, is it true that his sins are being forgiven?
A: The Hadith of Rasulullah (sallallahu alayhi wasallam) states that illness too is a form of expiation for one’s sins. But, whether the illness or suffering of a particular person is a punishment or expiation for sin on his behalf is not known to us. Let us hope his sufferings are in fact a means of his sins being forgiven so that he may stand before Allah Ta`ala on the Day of Qiyaamah with a clean slate, Ameen.
Q: May Allah give you Jazaaekhair for the good work you are doing to keep up this wonderful Deen of Islam, Ameen…. I have a problem concerning interest money. I have received from the bank some interest money and I would like to know what I am to do with the money?
A: Jazaakallah for your sincere duas for us. It is not permissible to utilize the interest money for any of your requirements. It is Waajib (compulsory) to give the impure interest money to some poor persons WITHOUT making any Niyyat for Thawaab. The Islamic Ruling for all unlawful wealth or property in one’s possession is firstly to locate the rightful owners and restore same to them. ln the event of being unsuccessful in discovering the rightful owners (as is the case with interest monies received from the bank or post office) of the unlawful wealth in one’s possession, the Rule of WAAJIBUT TASADDUQ applies, i.e. to donate the money (preferably to the poor) without making any intention of gaining Thawaab, for Thawaab is obtained only when spending wholesome and lawful wealth.
Q: I am a very sick widow unable to do any type of work for a living. I have no income whatsoever. Now and then somebody will give me a few rands which is hardly enough to cover even my medical expenses. However, there is a person who always gives me interest money which I use for my needs. Is this permissible? I have three items of gold jewellery, but I have no intention of selling these. I have been told that it is not lawful for me to make use of the interest money while I am in possession of the gold. Please let me know the correct Islamic version.
A: You will agree that interest money is money of filth. Ribaa of which interest is one form, is one of the most abhorrent and detested crimes and sins in terms of the Shariah. Even in cases where Islam grants the poor permission to use such monies for their requirements, uprighteous and sincere believers will only do so as a last resort. You are not totally destitute since you possess three items of gold which must be of considerable value. Get rid of the gold and use its price for your requirements. Thereafter, you will have some justification for using the interest money for your personal needs. A Muslim should never fix his/her heart to a bit of gold. Soon we shall have to depart from this earthly existence leaving behind all our gold and wealth. Gold will not avail you when you have to answer to Allah Ta`ala for your actions. Our advice to you is to discard the gold and pin your hopes in Allah Ta`ala. Supplicate unto Him, and believe firmly that He is the Provider and the Sustainer. May Allah Ta`ala alleviate your condition, Aameen.
Q: A man during his lifetime had a life insurance policy taken out on his behalf. During his lifetime he paid in the form of premiums the sum of R5000. After his death the Insurance company pays to his heirs the sum of R25000. What is the ruling of the Shariah in regard to this?
A: Life insurance policies are Haraam, therefore participation in such policies is strictly forbidden. However, since the deceased had such a policy, the money offered by the company should be taken. Of the total sum R5000 belongs to the heirs of the deceased since that was the actual amount he paid into the coffers of the company. The balance of R20000 which he receives in excess falls under the Islamic category of Riba which is unlawful. This excess, therefore becomes WAAJIBUT TASADDUQ, i.e. it has to be donated to some charitable work or to the poor without the Niyyat of gaining Thawaab. The heirs are not entitled to claim this unlawful excess.
Q: Can I collect interest money from others to build better toilets and a bathroom at our Mosque?
A: Interest money could be utilized for building the toilets and bathroom of a Musjid, but one should not initiate such a fund or advertise for such Haraam monies as some misguided modernist individuals and organizations are doing. Interest money is Haraam money which falls under the category, “Waajibut Tasadduq”, i.e. it is compulsory to eliminate it by contributing it to charity without any niyyat of Thawaab. But, such Haraam money may not be utilized for the Musjid building. It is best to give such money to the poor or hard-pressed Muslims. For the erection of better toilet facilities at the Musjid, the community should itself come forward and contribute out of their HaIaaI money. By officially soliciting interest money respect is accorded to Haraam, hence no collection drive for such money should be made. Those who have such Haraam money in their possession should of their own accord eliminate it quietly and unostensibly.
Q: Which fruit was forbidden to Hadhrat Aadam and Hadhrat Hawwaa (alayhimas salaam)?
A: The Qur`aan is silent on the type of fruit which was forbidden. There is no authentic Hadith to indicate which fruit it was. However, some Mufassireen say that it was wheat; some say it was grape and others say that it was the figtree. And, Allah knows best.
Q: Traders in the rural areas have been given permission to sell alcoholic beer in cartons. This same beer is normally available at the beer-halls in the locations. Some Muslim traders are stocking this product. What does the Shariah say about this?
A: Such beer is a Haraam intoxicant. Its purchase, sale, stocking and handling are all Haraam. The income derived from its sale is Haraam. Money derived by the sale of the liquor is ‘Waajibut Tasadduq’, i.e. it is compulsory to give the Haraam money to the poor or some other charitable cause (but not to a Musjid or Madrasah) without a niyyat of Thawaab.
Q: A certain restaurant is owned and staffed by non-Muslims. The non-Muslim owner claims that all his cooked foods are Halaal since he purchases his meat from only a Muslim butchery. Many Muslims accept his word and consume the meat foods at this restaurant. Is such food Halaal?
A: No. The food of this non-Muslim restaurant is Haraam. The word of a non-Muslim is not acceptable in regard to matters of the Shariah. The obtainal of meat from a Muslim source does not render the food of this restaurant HaIaaI. It is not lawful for Muslims to consume such Haraam foods thereby degrading and degenerating their Imaan. Halaal food is a vital factor in the development of Imaan. Haraam food brings about the destruction of Imaan.
Q: A man married a second wife who has a 14 ½ year old son. Is it compulsory for this man’s first wife to observe Islamic Purdah for the second wife’s son?
A: In this case the first wife will have to observe Purdah for the second wife’s son. This son is not the child of her husband, hence the need for the observation of the Shar`i restrictions of Purdah.
Q: Is it Haraam to smoke Indian Hemp?
A: It is an intoxicant which is Haraam to smoke.
Q: I have a photo-album in which are my wedding and engagement photos. Is it permissible to retain these photos?
A: Pictures of human beings and animals are forbidden in Islam. it is necessary that you destroy such Haraam pictures.
Q: Can the Imaam instruct a musallee who stands bareheaded in the Jamaat to put on a fez?
A: The lmaam as well as any other Muslim is entitled to remind the bareheaded person to don his headgear when performing Salaat. It is Makrooh to perform Salaat without head-covering. Persistence in discarding the Sunnah of covering the head in Salaat is sinful.
Q: Interest, if not withdrawn from savings accounts is given to non-Muslim missionaries to propagate falsehood. Would it not be better to withdraw such interest and use it on public toilets, etc., as the Fatwas of Muftis have permitted?
A: If a savings account has already been opened in contradiction of the Shariah’s ruling then it is incumbent to close such an account as well as withdraw the interest and contribute it to the poor or for public toilets without making any niyyat of Thawaab. In fact Hadhrat Shaikhul Islam Maulana Madani (rahmatullahi alayh) said that it is better to dump the interest money in the sea rather than leave it in the bank to be utilized for anti-Islamic schemes.
Q: The motive for opening a savings account is safeguarding the money. There is the possibility of it being stolen at home. Is it permissible to open savings accounts with this motive in mind?
A: Banks are institutions of riba. Depositing money in savings accounts is ‘i-aanat alal ma`siyat’ (aiding sin). Making use of bank facilities will therefore be permissible only on the basis of absolute necessity. The possibility of money being stolen at home does not warrant a diversion from the prohibition of ‘i-aanat alal ma`siyat’. This possibility is not an absolute necessity. The possibility of the money being stolen at home is a mere suspicion. The home contains many valuable items which remain safe within the home. Many people keep large amounts of money and other valuables at home and these remain perfectly safe. Our Protector is Allah Ta`ala. We should therefore employ only such means which are within the confines of the Shariah. It is reported in the Hadith that Rasulullah (sallallahu alayhi wasallam) was returning with an army of Sahaabah to Madinah. The very night they returned, a band of bandits struck, but could not do much damage since they were repulsed by the Sahaabah. Upon this timely appearance of the Sahaabah and the repulsion of the bandits some Sahaabah said that it was most fortunate that they returned at the right time. If they had appeared later, the bandits would have made a big haul. But, Rasulullah (sallallahu alayhi wasallam) rejected this notion and said that the point to ponder over was the safety which prevailed in Madinah during the absence of all the menfolk. The robbers did not attack then, but attacked only upon the return of the menfolk. Rasulullah (sallallahu alayhi wasallam) made it clear that during the absence of the menfolk Allah Ta`ala had appointed special Malaaikah to stand guard over the properties of the Believers, hence nothing untoward occurred during the absence of the menfolk. However, now that they had returned, the special guard of the Malaaikah was raised hence the attack. The lesson is clear: Muslims require to strengthen their Yaqeen in Allah Ta`ala.
Q: A Muslim married man is having an affair with a Muslim married woman. What is the punishment for this crime?
A: The term ‘affair’ is vague with regard to Islamic punishment. If by affair is meant adultery then if in an Islamic state the adultery is proven by means of Islamic evidence (not the type of evidence by means of which a judge decides a case in a western court of law) then both (i.e. the married man and married woman) will be stoned to death. Such punishment, of course, cannot be meted out in a non-Muslim state nor can it be meted out in a Muslim state by non-governmental agencies. In the Eyes of Allah and the Shariah the despicable crime of immorality and infidelity committed by this couple is of the gravest nature. The Malaaikah curse the errant and traitorous couple. The curse of Allah Ta`ala hangs over them. The crime of the woman is of a far worse degree since it involves the worst of infidelity to her husband and her children. The earth on which this adulterous couple walk trembles in disgust. If they have any fear for Allah, if they have any Imaan in them then they shall never again repeat their contemptible act. It is imperative that they terminate this Haraam and adulterous affair and make sincere and abundant Taubah. Allah Ta`ala is Most Merciful and He will forgive. May Allah Ta`ala open their hearts and make them realise the notoriety of their misdeed, Aameen.
Q: Who are the Yaajuj and Maajuj? I have read in a booklet that these names refer to communism and westernism. Is this true?
A: It is a great falsity. Yaajuj and Maajuj are two nations whom Zul Qarnain (rahmatullah alayh) imprisoned in a valley by the Command of Allah. Near to Qiyaamah these people will emerge and wrought havoc and anarchy on earth. They will finally be eliminated by the command of Allah Ta`ala. They will break through the solid metal barrier erected by ZuI Qarnain (rahmatullah alayh) during the era of Nabi Isaa (alayhis salaam) i.e. after the Nuzool (decent) from the heavens. The interpretation of ‘communism’ and ‘westernism’ as well as the many other fanciful interpretations by Yusuf Ali and other unqualified men are all baatil.
Q: What are the Islamic names of these Ambiyaa: Ezekiel, Elijah, Joshua and John The Baptist?
A: Thul KifI (alayhis salaam) — Ezekiel; Yusha` (alayhis salaam) — Joshua; Ilyaas (alayhis salaam) — Elijah; Yahyaa (alayhis salaam) — John The Baptist.
Q: Is it permissible for Ulama to accept official positions to administrate Musjid affairs if the Musjid and Madrasah have a kuffaar-type constitution?
A: Yes, it is permissible. But, the Aalim who serves in such a position must not be subservient to the constitution. He like all Muslims are bound by the Divine Constitution, viz., the Shariah. If he cannot overrule the un-Islamic administration of the Musjid and Madrasah then he should not serve on such committees. The un-Islamic constitutions drafted by ignoramuses are entirely worthless in the Eyes of the Shariah. Such constitutions are baatil and no Aalim who possesses true Deeni Ilm will ever insult his knowledge and the Shariah by being subservient to the kuffaar-type constitution or to the rulings of Mr. Chairman. The Aalim should not speak to the meeting “through the chair” or with the consent of the “chairman”. He shall speak through the Shariah in the light of Amr Bil Ma`roof, Nahy Anil Munkar. An Aalim shall speak independently totally unfettered — as a true heir of the Nabi (sallallahu alayhi wasallam). But then how will he be able to speak thus when he does not possess the understanding of his IIm?
Q: Is it necessary for a convert Muslim to circumcise?
A: It is necessary.
Q: Is kindness towards non-Muslims rewardable in the Hereafter, e.g. assisting those in need, feeding the hungry, etc.?
A: Kindness and mercy are natural qualities of a Mu`min. Such qualities of virtue have been smothered in many of us due to our rejection of the Islam taught by Rasulullah (sallallahu alayhi wasallam). Rasulullah (sallallahu alayhi wasallam) said that those who have no mercy on creation, Allah will show no mercy to them. Aid to even non-Muslims and animals are acts of Thawaab.
Q: Is it permissible to recite the Qur`aan loudly in one’s shop where all types of people are present?
A: Allah Ta`ala commands In the Qur`aan Shareef: “When the Qur`aan is being recited then listen to it and maintain silence.” A shop premises during shop-hours is not a befitting place to recite the Qur`aan Shareef loudly. In a shop people do not leave off their activity and listen in respect. All types of people frequent the shop and the Qur`aan will be subject to disrespect and mockery by the loud recitation. It is highly disrespectful to the Qur`aan Shareef to have tape-recorders loudly playing Qur`aanic recitation in public places as has been observed in some places. Such a practice is not permissible.
Q: I have a mentally retarded sister. She is 15 years of age. She is incapable of doing anything for herself. She has to be fed, clothed and even assisted in the toilet. She cannot even speak. The family has suffered much with her for many years. My uncle suggested that some injection be administered to her to cause her death thus relieving us of the suffering. What does the Shariah say about this?
A: The Shariah says that such action is murder for which there is the athaab of Jahannum. It is Haraam to administer any such injection. Those who care for this invalid will, Insha`Allah, be highly rewarded by Allah Ta`ala. The thought of murder which entered the mind of your uncle is the result of a mentality influenced by the kuffaar of our times. He should repent for his vile suggestion,
Q: Many Muslims nowadays send their daughters to colleges and universities for higher western education. It has been observed that the behaviour of the girls after entering university gradually changes. Their dress becomes un-Islamic. Modesty and shame leave them. Generally they no longer behave like good Muslim girls whose main virtues are shame and modesty. The main object of parents in sending their daughters to university is for them to obtain some degree thereby attaining some prominent worldly position or employment. What is the Shariah’s view on this matter?
A: Leave alone universities — the highest colleges of immorality — where one is schooled in kufr, nudity and immorality, even high schools as well as primary schools are destructive to the hayaa and shame of Muslims. Muslim girls attending schools are robbed of their shame and modesty — of their Islamic culture and Noor of Imaan — long before they enter the highest institutions of kufr and immorality, viz, the universities. Earning one’s living is compulsory, but such earning has to be in a Halaal manner. One cannot employ Haraam methods of earning and justify such means by claiming that Islam makes incumbent the earning of livelihood. Universities of the kuffaar are stepping stones to zina and the chief institutions of kufr. Even Ulama of our days have been overwhelmed by the malady of inferiority. Some of them are awed and blinded by western progress. They, therefore consider it a ‘feather in the cap’ to have a daughter or two at university. What is there to doubt in the hurmat (prohibition) to send our daughters to kuffaar schools and universities? When Hayaa and Imaan are plundered so mercilessly in these institutions of the kuffaar, which Muslim having the understanding of Imaan and the fear of Aakhirah will ever allow his daughters to offer their natural Hayaa and Imaan at the alter of kufr demand and lascivity? That father is a ‘dayyuth’ of the highest order who offers his daughters to the wolves of immorality and kufr of the universities. He is the greatest enemy of his daughters for devising the plunder of their shame and modesty in the university of immorality. There is absolutely no doubt in the fact that it is Haraam for our daughters to attend universities.
Q: How is it to elect Musjid officials by ballot-vote?
A: Musjid officials are not elected by vote or ballot-vote. Musjid officials are appointed by virtue of their Islamic ability and qualifications. It is because of kuffaar methods of election that we find today so many gamblers, drunkards, fornicators, misappropriators of Waqf, fussaaq and fujjaar occupying positions of Trust. This is one of the signs of the Approaching Hour.
Q: Is there such a thing as witchcraft, sorcery, black-magic, muti, etc.? Are these things mentioned in the Qur`aan or Hadith?
A: Magic known in Qur`aanic language as sihr is a fact and reality. Both the Qur`aan Shareef and the Hadith mention it. It is a special science involving much kufr and najaasat (impurity). It is Haraam for a Muslim to engage in sihr. Witchcraft, sorcery, etc. are all branches of sihr.
Q: Is it permissible to dye one’s grey hairs black?
A: It is not permissible.
Q: Is it permissible to take an oath in the name of our Nabi (sallallahu alayhi wasallam)?
A: It is not permissible to take oaths in the name of our Nabi (sallallahu alayhi wasallam) or any other being or object besides Allah Ta`ala.
Q: Are bonus bonds permissible?
A: Bonus Bonds are Haraam.
Q: Is it lawful for Muslims to insure the plate glass of their businesses?
A: It is Haraam to insure plate glass. All forms of insurance are Haraam.
Q: Is it permissible to wear shoes made from genuine brushed pig skin?
A: It is not permissible to buy, sell or wear such shoes.
Q: Certain products marked as HalaaI are imported into our country (Mauritius) from South Africa. Many people here are wondering whether these products are Halaal or not. Please advise us so that we may inform the Muslims through the Mosque.
A: Please be informed that the Mujlisul Ulama of South Africa does not sanction any foods prepared by the kuffaar in South Africa as Halaal. As far as we are concerned all such so-called Halaal foods are In fact ,HARAAM. Do not be deceived by the Halaal markings on the wrappings of the Haraam foodstuff. Notify your community in Mauritius that the MujlisuI Ulama of South Africa warns it from consuming the Haraam foodstuff marketed as Halaal. The Mujlisul Ulama does not recognize any Halaal certificate no matter who issued such destructive — destructive to Imaan – certificates.
Q: Before my marriage two years ago I worked in an office in Transvaal where I was in close contact with a non-Muslim girl. We remained very good friends. After marriage I settled in Natal and led a happy life. Recently I visited Transvaal and again met this friend who later wrote an affectionate letter to me. I showed this letter to my wife who now forbids me to reply the letter and refuses to talk to me because I insisted that I see nothing wrong in this. Please advise whether my wife is within her rights to prevent me from replying to this letter.
A: Firstly it was forbidden for you to have had any close contact with a female, whether Muslim or non-Muslim. Your “good” friendship with this girl is in fact a Haraam and an evil association. Your meeting the girl even after you had married aggravates the evil and the Haraam. Her writing you the “affectionate” letter inspite of the fact that you are married is a cruel, selfish and callous act which seems to be calculated to disrupt your happy married life. It was highly childish for you to have shown the letter to your wife, thereby bringing tension and misery to her. You should have destroyed the letter, not treasure it. Your wife is fully within her rights to prevent you from indulging or continuing with the Haraam association and stop you from replying the letter. But, she is not within her rights by refusing to speak to you. She has no Islamic right to withhold execution of her duties to her husband because of the husband’s foolish and Haraam doings. You may see nothing wrong in writing to this woman, but the Shariah sees everything wrong in what you are doing in so far as this matter is concerned. It is not permissible for you to communicate with her. The consequences of your insistence to perpetuate the illicit association will be chastisement in the Aakhirah and a married life reduced to misery and heartache.
Q: Recently some Molvies in our district were telling people that “The Majlis” makes things Haraam and then again Halaal. The discussion arose regarding shrimps which according to the Mujlisul Ulama are Haraam. But, these Molvies said that shrimps are only “Makrooh”. I don’t have anything to say in this matter as I am an ordinary person looking for guidance. Please comment.
A: The statement made by the respected Molvi Sahibaan, viz., “The Majlis makes things Haraam and then again Halaal”, does not befit men of Islamic knowledge. If something has been declared Haraam then such a proclamation is based on firm and solid grounds of the Shariah Law. If any person, layman or Aalim, disagrees with any of our rulings then he is at liberty to refute our conclusions, but such refutation must be forthcoming on the firm basis of Shar`i proofs. But, the only thing we always hear is an emotional outburst by those who do not wish to accept the Haqq. If asked for their Shar`i proofs, then they fail hopelessly in furnishing these because in actual fact their disagreement with us is not based on Islamic facts, but on dictates of the nafs. May Allah Ta`ala save us all.
If after having declared something Haraam on the basis of Islamic proofs, we have to alter the decree to Halaal then we shall not hesitate to do so if the Islamic grounds exist for the withdrawal of our decree made in error or made on the basis of information available at the time. Withdrawal or retraction of Fatwah is nothing new in Islam. The greatest of Ulama, e.g. Imaam Abu Hanifah, lmaam Shaafi, Imaam Maalik and the numerous other Stars of Islamic knowledge readily retracted their former views and decrees when new or detailed information came to light. It is only shaitaan who can claim that he is ALWAYS right. It is only a man swollen and destroyed with takabbur who will be obstinate in his decree even if Islamic facts and information come to light to negate his verdict. We are grateful unto Allah Ta`ala that He has aligned ourselves with the Sunnah of the great Ulama — He has blessed us with the great Sunnah of all Ulama of Haqq, viz, the Sunnah of Retraction – to retract a view in the light of new information and further knowledge. Therefore, you may convey to the respected Molvi Saahibaan, if opportunity permits, that we shall most assuredly declare a previous opinion or Fatwah invalid if information and facts come to light. But, such retraction will be based on Shar`i principles and not emotion and nafs.
Regarding crayfish, we claim without the slightest shred of doubt that according to the Hanafi Math-hab crayfish is HARAAM since it is NOT fish. Those who say that it is fish are either totally ignorant or speaking on the basis of their nafs. If a million ignoramuses tell us that crayfish is FISH then it will have no bearing on the hurmat (prohibition) of crayfish. lf any Aalim tells you that crayfish is fish then ask him for the basis of his claim. As far as the crayfish being a non-fish there is no difference of opinion. If anyone says that the crayfish is a fish then he may as well say that the crab too is a fish and then on this basis start eating Haraam crab.
Regarding shrimps, there are two opinions. One opinion which is generally the opinion of the Ulama of Gujerat, is that shrimps are fish. Another opinion is that shrimps are NOT fish. Those who said that shrimps are fish issued the Fatwa of Halaal and those who claim that shrimps are not fish issued the Fatwa of Haraam. Our studies establish beyond any doubt that shrimps are NOT fish. Hence, we cannot say that shrimps are Halaal. Since our studies establish that shrimps are NOT fish, we have no option but to say that shrimps are Haraam even if some senior Ulama are of the opinion that shrimps are fish. The only argument the local Iegalizers of shrimps have in their favour is that some Ulama have said that shrimps are fish, hence Halaal. But, we do not denigrate them for holding this view. We can realize their difficult position since they have been eating and relishing shrimps since their childhood days. It is now most difficult for them to discontinue eating shrimps especially since they have the backing of the Ulama of Gujerat on the matter. In mentioning Ulama of Gujerat we are not claiming that only the Ulama of Gujerat have given this ruling regarding shrimps. But this is generally the case.
If there was unanimity of opinion on shrimps then why do the Molvi Saahibaan say that it is “Makrooh” to eat shrimps? What do they mean by the “karaahat” of shrimps? If shrimps are in fact fish then the question of “Makrooh” does not arise. It will be perfectly Halaal. As long as we are convinced that shrimps are NOT fish, we will be constrained to claim that the eating of shrimps is not Halaal.
The Gujerati Fatwa sent by you also makes it clear that in the opinion of “some” Ulama, jingha are fish. This clearly shows that there are two opinions on the question. Therefore, if our studies confirm the view held by the Ulama who declare shrimps non-fish, then our respected Molvi Sahibaan have no Shar`i right to become emotionally upset. Men of knowledge discuss on the basis of Shar`i arguments.
You may be aware that initially there were two opinions among the Ulama on the permissibility of the microphone during Salaat. But, such difference of opinion was due to difference of opinion existing among the technicians and experts of this instrument on certain aspects of the microphone. Because of such difference among the experts of the instruments, there arose difference in the Shar`i ruling of the Ulama. Similarly, in the question of shrimps. Certain books consulted by some Ulama indicated that shrimps are fish, hence they ruled that shrimp-consumption is Halaal. This does not mean that this ruling is like the ruling of the Qur`aan or other clear-cut Shar`i issues. The ruling on the question of shrimps is based on information supplied to the Ulama. If the information at the disposal of the Ulama is incorrect then obviously the ruling will be incorrect.
Q: Is it permissible to shave off the beard on the sides of the face and keep a beard on only the lower part, i.e. the chin?
A: It is not permissible to do so. It is compulsory to keep a fully grown beard.
Q: According to a pamphlet published by a certain man in Natal, Wazeefas or the recitation and repetition of Allah’s Name have no merit. He says that remembrance of Allah is of no use if the meaning of the words is not understood. We have all along understood that Wazeefas of Allah’s Names are acts of Thawaab.
A: The writer of such kufr views is an ignoramus. Muslims should not heed the trash written by modernist ignoramuses who have an innate craving for publicity at the expense of Deen and Imaan. Reciting and repeating the Name/s of Allah Ta`ala are Ibaadat acts of the highest order and merit. The Thawaab is colossal, but ignorant and deviated modernists are lost and drowned in their stupor of pride and dhalaal. Rasulullah (sallallahu alayhi wasallam) speaking on the significance of certain Wazeefas said that the Thawaab of reciting it a single time is so great that it could fill the space between heaven and earth. Do not pay any attention to the nonsensical poutings of the ignorant ones.
Q: What does the Shariah say about reservation of rights under a copyright?
A: The reservation of such copyrights is not permissible. Islam does, not recognize such rights.
Q: In our town we have an Alim who trims his beard. Is this practice allowed in Islam?
A: If he trims his beard then he cannot be an AALIM. He may have studied and obtained a Molvi’s degree, but such degree does not qualify him as an Aalim if his character, actions and beliefs are in conflict with the Sunnah of our Nabi (sallallahu alayhi wasallam). It is Haraam to trim the beard. The Waajib length of the beard is one fist-length.
Q: Are Muslims allowed to sell in their shops models of animals and nude statues?
A: Trade in such items is Haraam.
Q: Is it permissible to use interest of one’s savings account to pay the Interest on a loan of one’s house?
A: Firstly it is Haraam to unnecessarily open a savings account in a bank because such accounts entail:
(i) I`aanat alal masiyat (aiding sin).
The interest earned is Haraam riba. The act of depositing money in a savings account aids the Haraam riba activities of the banks and building societies. Secondly, it is Haraam to obtain an interest bearing loan. It is necessary to withdraw your money from the savings account and close the account. The interest which you receive on the savings will have to be given in charity without making a niyyat of Thawaab.
Q: Are Muslim workers allowed to join the pension, medical aid and unemployment insurance schemes of their employers?
A: As far as we know, they have no choice in the matter. They are compelled to join such schemes. If they do not, their employment is terminated. Under these circumstances it is permissible for them to join such schemes even if riba is involved.
Q: What is the position of Musjid trustees who hoard large sums of public money in banks and refuse to spend the money which is urgently required for essential needs of the Musjid.
A: By hoarding we understand that they have deposited the Musjid funds in some kind of interest bearing savings account. If so, then such trustees are described in the Shariah as fussaaq (evil and rebellious sinners). They are guilty of a kabeerah sin of the worst kind. They are guilty of khiyaanat (gross abuse of waqf funds). They are totally unfit to be mutawallees of the Musjid. They are answerable unto Allah Ta`ala for their khiyaanat and fisq.
Q: Are Muslim children compelled to attend Christian Bible studies in schools?
A: There is no compulsion. They are not required to attend such classes.
Q: Recently we had the opportunity to listen to one of the greatest voices in Qiraa’t – that of Qaari Baasit. But, we were not allowed to tape this golden voice. We were told that the “voice” was a copyright. Since when has anything got a copyright in the House of Allah (the Musjid)? Incidentally, whilst no taping was allowed, photographs of Sheikh Baasit in action were taken in the Musjid. What does the Shariah say about this?
A: You were not allowed to tape his Qiraa’t because the whole thing was a money-making scheme. You are living in a time which is in close proximity with Qiyaamah. We are informed that Qaari Baasit recites for money. His recitation is not for the Sake of Allah Ta`ala. Such recitation is devoid of any Thawaab or Barkat. It is not permissible to even go and listen to the Qiraa’t of those who sell the Aayaat of Allah Ta`ala for a miserable price. Such men who dispose of the Deen for monetary gain come within the purview of the Qur`aanic Aayat: “They trade the Aayaat of Allah for a miserable price”. You should not blame those who have prevented you from taping the Qiraat, for they are ignorant men — men who have been deviated by their deviated leaders, viz., their Ulama-e-Soo (evil Ulama). They do possess the “courage” to betray the Deen by preventing people from taping the Qur`aanic recitals which is the monopoly of none. Because of their deviation they cannot care less regarding the perpetration of Haraam picture-taking right inside the House of Allah. We are living in a time to which the following Hadith of Rasulullah (sallallahu alayhi wasallam) applies: “(A time) when the worst of creation under the canopy of the heaven will be the learned ones. Fitnah will emerge from them and return to them….”
These “learned” men referred to in the Hadith are the Ulama-e-Soo and the Qaaris who suck the blood of the Deen to fill their pockets with ill-gotten wealth. Rasulullah (sallallahu alayhi wasallam) said about such vile reciters of the Qur`aan Shareef that the recital will shoot out from their throats like arrows never to return. In other words, there is no Qur`aan in their hearts. They are the worst of Allah’s creation on the surface of the earth. May Allah save us from such villains who operate under religious garments.
Q: I am told that when drinking Zam Zam water one should stand. Is it Fardh, Waajib or Sunnah to do so?
A: Zam Zam water should be drunk facing the QibIah and standing. To do so is among the Aadaab (respects), and it is established by the Sunnah of our Nabi (sallallahu alayhi wasallam).
Q: We are living in a non-Muslim country. There are very limited avenues for non-white Muslims. Under these circumstances can a Muslim invest his money in a bank and use the Interest for his own purposes?
A: Ribaa is Haraam, hence it is totally Haraam to invest money to earn interest. It is Haraam for a Muslim to use such interest for his own purposes. The circumstances stated by you are phantoms of your imagination. Allah Ta`ala has ordained and stipulated everyone’s Rizq. Rasulullah (sallallahu alayhi wasallam) said: “Rizq is sealed and the one who has greed is deprived.”
You are a Muslim and you should restrict your endeavours to the limits of Allah’s Law. You do not require Haraam riba to survive here on earth. You will not be accompanied to the grave by your money and your properties. Even assuming that you are correct in claiming that there are limited avenues (i.e. Halaal avenues) of investing, then too there is absolutely no need to direct your attention towards Haraam. Whatever comes your way in a Halaal and wholesome manner is more than sufficient for your needs. Nowadays there is a great demand for Haraam money because a great portion of our expenditure is on Haraam and unnecessary luxuries.
Q: We have been eating jelly for most of our lives, but someone now tells us that it is Haraam. What is the correct view?
A: All our lives we have been abstaining from jelly because it is common knowledge among us that jelly contains Haraam animal gelatine. Of late, synthetic (plant) gelatine is being used in many commercially prepared foodstuffs. But, we do not know if jelly nowadays contain animal or plant gelatine. It is best to abstain from jelly.
Q: Why is it that the Majlis concentrates on declaring things Haraam? Chickens are Haraam, beef is Haraam, minerals are Haraam, sweets are Haraam. Why insist so much on Haraam?
A: On the Day of Qiyaamah you may direct this question to Allah Ta`ala and further ask Him why He in His Qur`aan declared carrion Haraam; why He declared alcohol Haraam; why He declared pork Haraam and why He declared so many other things Haraam. Upon receiving Allah’s answer, you will fully understand our concentration. When maut opens your eyes then will you understand fully the stand of “The Majlis.” And Salaam upon those who follow guidance.
Q: There is something which has me confused. A certain person always was in financial difficulty. He seemed to be a good Muslim, observing his five daily Salaat, extra Nafl Salaat, fasting and despite being pressed, giving charity every now and then. As far as possible this person observed the limits of Islamic Purdah, not allowing his wife in his shop. To such an extent was he conscious of this aspect that he never employed female staff In his business and he actively discouraged his other family members from having female staff or their wives In their shops. Nevertheless, he always seemed in financial difficulties. However, lately he seemed to have emerged from his difficulties. He has now totally relaxed his previous Purdah restrictions. He has employed young and attractive girls in his shop. He has expanded his business and has opened more shops. He even contemplates to open a shop and permit his wife to man the shop. Despite this swing away from the Shariah he seems to be progressing. He is no longer in difficulties and he seems to be getting financially stronger by the day. What confuses me is that when he seemed to be trodding along the Sunnah Path, he was in difficulties, but now since he has taken a route away from Islam he seems to be prospering. Please do not misunderstand me. I am not suggesting that success is with deviation, but I am just plainly confused.
People are even telling me (I am also trying to follow the path of the Shariah and I too am in financial difficulties) to adopt this man’s progressive measures and I will see better times. Please assist me with some explanation.
A: Your confusion is the result of a weakness in your Imaan. Believers of fortitude and strong Imaan are not confused by abundance of worldly possessions which others have. Rasulullah (sallallahu alayhi wasallam) said that the world is CARRION. Those who possess and devour abundance of such ‘carrion’ are not to be envied. Possession of much carrion should never mislead and confuse a Muslim. A Muslim should not measure prosperity and success in terms of the possession of ‘carrion’. A Muslim should not interpret poverty and the difficulty of pious people as failure. In this regard the Qur`aan puts it beautifully:
“Do not let the strutting of the unbelievers in the cities deceive you. (Their) material possessions are of slight benefit. Thereafter Jahannum will be their abode. And, indeed evil it is an abode.”
The Qur`aan expressly forbids that we allow ourselves to be deceived by the material prosperity of people. Their money, their mansions, their lucrative businesses, etc. should never confuse and mislead you. If wealth and material prosperity were any yardstick to measure success then you will have to say that the kuffaar are highly successful by virtue of their establishments of great trade and money empires. But no Muslim will interpret such ‘success’ as the true success which Islam speaks of. Similarly, you should not be deceived by the seemingly ‘prosperous’ condition of our Muslim friend who has drifted from the true Path of the Deen and who has been ensnared in the trap of shaitaan and his nafs. Do not envy this man in the least bit. He has clearly deviated from Seeratul Mustaqeem. His action of discarding Islamic Purdah is clearly a sign of Allah’s Wrath on him. The worst deviation is that deviation which follows guidance. In other words: to go astray after being on guidance is indeed a spiritual calamity of extreme gravity. His ‘prosperity’ will be fleeting. Material prosperity in the wake of deviation (dhalaal) is merely ‘rope’ granted by Allah Ta`ala. Such people will finally hang in destruction by that ‘rope’ which Allah Ta`ala permitted them in their time of deception. He is hanging on the hook of worldly deception. The line will soon run out and he will find him in a condition worse than what he experienced before. May Allah Ta`ala grant him Hidaayah and may Allah Ta`ala grant you the strength and the clarity of understanding to remain on the Haqq regardless of worldly difficulties. Do not envy the spiritual rot in which this man has become grounded. He has been unjust to his rooh. Do not imitate his transgression thereby inviting the Wrath of Allah on you like this deviate has done. May Allah Ta`ala save us all from such dastardly deviation, Ameen.
Q: I object to your statement that it is not permissible to eat Crayfish (Vol. 4, No. 4). I will not accept it until you can prove that it is not permissible.
A: The proof for our claim appeared in detail in Vol. 2, No.6 of “The Majlis”. Your objection is of no significance in so far as the Shariah is concerned. Your acceptance or rejection of the Shariah’s Ruling will not alter the Law of Allah Ta`ala. Furthermore, “The Majlis” claim that Crayfish is not Halaal is not at all meant for you. It is meant for those who are seeking the eternal Pleasure of Allah, which is realized by striving against the lowly nafs. As for yourself, enjoy and relish your crayfish and your carrion. The Qur`aan Majeed has the following advice concerning people of your calibre: “Leave them; let them eat (and drink) and enjoy; and let vain hopes divert them. Soon will they come to know.”
Yes, reality and truth dawn upon the rebellious transgressors when the eyes of earthly life close. But, the regret of that time is the worst of regrets. And, peace upon those who follow Hidaayah.
Q: In our Musjid is a calendar portraying a man reciting the Qur`aan Shareef. Is it permissible to keep such a calendar in the Musjid?
A: It is a kabeerah (major) sin to keep such a Haraam picture in the Musjid. Those who defile the sanctity of Allah’s House knowingly in this sacrilegious manner are fussaaq of a high category. It is imperative that the Haraam picture be removed immediately from the Musjid.
Q: The chairman of a certain Jamaat in Transvaal is a member of a civic committee. He collects bribes for allocating new houses to tenants. He allocates or influences the allocation on the basis of the bribes he receives. Is such a man fit to be chairman of the Mosque committee?
A: The answer to this question is self-evident. Such villains — corrupt and immoral — are associated with many Musjid committees. Such vile characters happen to be even mutawallis of Musjids. It is one of the signs of the Approaching Hour of Qiyaamah that posts of Trust are occupied by such robbers and ignoramuses.
Q: The mayor and mayoress were recently invited to a Nikah ceremony and allowed into the Musjid. Is this permissible?
A: Allah Ta`ala describes the kufaar in the Qur`aan Shareef as “NAJS”. The najaasat of their kufr pollutes the sanctity of the Musjid. It was a heinous crime to have invited the kuffaar into the Musjid without valid Shar`i cause