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Question
  • The only relatives which a man has is an adopted daughter and his sister. In his will he leaves his entire estate to his adopted daughter. He completely deprives his sister of any inheritance. How should his estate be divided according to the Shariah?

  • Is it permissible to buy CD cassettes which have nazams with and without music? A Mufti says that it is permissible to buy such cassettes. According to him, the nazams without music should be taped on another cassette and the music portion should be discarded. Please comment.

  • I am a student at a Madrasah. Someone is sponsoring me with Zakaat money. I do not use all the money from the monthly allowance which my sponsor gives me. I save an amount from the Zakaat. After a couple of months the amount which I have saved is more than the Nisaab of Zakaat. Can I continue accepting the monthly Zakaat allowance seeing that a year has not passed on the Nisaab I have?

  • What makes shaking of hands on Eid Days bid'ah?

  • Is it Sunnat for the Khutbah to be longer than the Salaat or vice versa?

  • Is it permissible to use interest money to pay a Muslim's debts?

  • After which Surah in the 30th Juz is it Mustahab to recite `Lailaha illallaahu wallaahu akbar'?

  • A musalli joins the Jamaat Salaat in the 4th raka't. How should he complete the three raka'ts which he has missed?

  • Is it permissible to perform Fardh and Nafl Salaat in a room where people are sleeping? Also is it permissible to recite Qur'aan loudly in such a room when the sleeping persons will be disturbed?

  • What intention should be made when performing Qadhaa Salaat?

  • May a non-baaligh (one who has not attained puberty) correct the mistakes of the Imaam in Taraaweeh Salaat?

  • Is it true that the penalty or consequences of incorrect discharge of inheritance overtake the guilty one within 30 years?

  • Some people make thikr while viewing television. Is this correct?

  • Some people recite the Qur'aan Shareef in an extremely loud voice. Is this proper?

  • I am a 16 year old girl. I met a man from another country. I spoke to him briefly. He gave me his contact details. He says that he wants to meet my parents and propose marriage. I have met him only once. Is this relationship permissible in the Shariah? I have confided in my mother, but she is unable to give me any sound advice. The worst part is that he is 31 years old. Now I want to marry him. Please advise me.

  • There is much controversy regarding animal gelatine. Most of the Ulama in South Africa say that animal gelatine made by even kuffaar is halaal. It is claimed that in the process of making gelatine, the haraam substances undergo a total transformation, hence become halaal. Please comment.

  • I have been married for seven years. My husband has a medical problem. We are therefore unable to get children. I have made lots of sabr and make dua for guidance and strength. My husband resents himself. He has become very distant from me. I have come to accept that this is my Taqdeer and cannot be changed. In view of the attitude of my husband who shows no affection towards me, I am tempted to leave him. I don't know what else to do.

  • I had sexual relations with my wife while she was menstruating. I regret what I have done and have repented and asked Allah Ta'ala to forgive me for having committed this despicable act. What else can or should I do to compensate for this evil?

  • Is it proper for the first wife to recite wazeefas so that the husband inclines more to her, spends less time with the second wife and generally gives the first wife more benefits. The first wife feels that there is nothing wrong in this because the wazeefas consist of Qur'aanic verses, not sihr (jaadoo) or anything of that sort.

  • Is human cloning permissible?

  • What is the significance of kissing one's thumbs and rubbing it on the eyes when Rasulullah's name is recited during the Athaan?

  • Many people benefit from organ transplantation. Is it permissible to bequeathe one's organs for use in others after one's death?

  • It has been claimed that the Fiqh Academy based in Jeddah has issued the fatwa that organ transplantation and bequeathing organs are permissible. Please comment.

  • What is the meaning of one year passing before Zakaat becomes compulsory on one's wealth? If a person has R5000 on a particular day and during the course of the year this amount decreases and then increases, but after a year he has say R3000, on what amount does he have to pay Zakaat?

  • Is it permissible to listen to Qur'aan recital on a cassette while one is busy sewing on a machine?

  • The only relatives a man has are two full brothers and three half sisters (same father, but different mothers). How should his estate be divided among them?

  • If one of the brothers (in the above question) dies, leaving children, will they inherit in their uncle's estate. Their father died before the uncle.

  • Since childhood it has been taught to us females that in Sajdah our arms should be drawn in and put on the ground and not be held up in the way men do. Our mothers performed Salaat in this way and we were taught this way. No one ever had a different view. Now we hear on the radio a Maulana saying that women should position their bodies just like males and keep their arms away from the ground. Is this right?

  • Should the heels be kept together in Sajdah? Some Ulama say that the heels and ankles should be held together in Sajdah. Is this correct?

  • When I was a non-Muslim I had an illicit affair with a non-Muslim woman. A child was born of this relationship. I have now embraced Islam. What are my obligations towards the child and what are my rights?

  • A woman left her husband's home in defiance and went to her parents. As she was leaving, the husband said: "Don't ever come back!" Is this statement a Talaaq?

  • The husband says that he regrets having married his wife and that he does not want her back; she should stay by her parents. Are these statements Talaaq?

  • Is it permissible to use a real fur garment and a garment in which dog's hair has been used?

  • If the underarm and below navel hair is longer than a rice grain but less than 40 days have passed, is it sinful not to remove it?

  • Is it permissible to eat the food which is served at 40 day khatam functions?

  • We have been taught that there are 14 Aayats of Sajdah in the Qur'aan Shareef. I counted these verses and found 15. Please explain.

  • When Hifz students recite an aayat of Sajdah a number of times to memorize it, do they have to make a number of Sajdahs equal to the number of times they have recited the aayat?

  • In the morning a person wakes up and finds mazi on his clothes, but he cannot remember having seen any sexual dream. Is ghusl fardh?

  • The deceased is survived by his parents, 2 brothers, 2 sisters, nephews and 4 nieces (from his brother's side). How should his estate be distributed?

  • Some people say that the face and arms should not be dried after wudhu. Is this correct?

  • Some people in Pietermaritzburg claim that according to The Majlis a haafiz who trims his beard to less than a fist length can lead the Taraaweeh Salaat. Please comment?

  • Is it necessary for the marriage to be consummated before the Walimah?

  • A widow cannot make ends meet. She is in considerable difficulty, but she has some gold jewellery the value of which is more than the Zakaat Nisaab. Is it permissible to give her Zakaat?

  • Is the custom of the girl's family hosting a reception at their home after the nikah a valid Islamic custom?

  • At nikah functions, waleemahs and jalsahs there is much extravagance, show and pride. If invited, will I be sinful for not attending?

  • These days, even Ulama, at the time of nikah, send jewellery and money enclosed in envelopes (which I think is called Salaami) to the prospective bride even before nikah. Is this proper?

  • What should our belief be regarding the parents of Rasulullah (sallallahu alayhi wasallam) and their position in the Aakhirah?

  • Some Imaams when completing the Salaat say `Salaamu Alaikum..." instead of "Assalaamu..." Is the Salaat valid?

  • Recently in our city a Muslim boy got married to a Hindu girl. In addition to the Nikah in the Musjid, he went through the Hindu wedding ceremony in their temple. He put on the Hindu outfit and got married according to Hindu custom. What is the state of this boy?

  • Nowadays Muslim females are wearing pants and very short tops which end just where the zip of the pants is situated. The pants have long slits which begin below the knees or half way down the knees. There is no lining nor a slip under these pants. They are also wearing dresses with big slits with no lining or anything whatsoever under the dresses. When they walk their bare legs show. I am aware that this type of dress is immoral and not permissible. What is the Shariah's ruling when they perform Salaat with such ugly garments?

  • Is fidyah paid for only the Ramadhaan fasts which one is unable to keep or does it have to be kept for Nafl fasts which were broken but not discharged afterwards?

  • After the death of a man who had not fasted for several years nor had he made a wasiyyat for Fidyah to be paid for his unkept fasts, will it be permissible for his sons or other relatives to fast on his behalf to fulfil his qadha obligation?

  • A daughter worked several years in her father's shop. No wage was agreed on. He would give her sums of money as she required. She lived with him and did not have to pay for food, etc. Now after the death of the father she claims that his estate owes her for the few years she had worked in her father's shop as she was not paid any wages. Is her claim rightful?

  • Some people say that it is permissible to use perfume which contains alcohol. They claim that the alcohol evaporates before the sprayed perfume reaches one's body.

  • Non-Muslim supermarkets sell meat products which bear the halaal certification of some Muslim organisations. Is it permissible to consume such meat?

  • I have purchased a product with interest money. Can I take this product for myself and compensate for it with my halaal money which I shall give to the poor?

  • I want to pay Zakaat for several past years.I had neglected this obligation. However, I have no records and I do not know on what amounts to pay Zakaat. What should I do?

  • My husband has transferred the house on my name. He says that he has done so to protect me. Have I become the owner of this property? Will any of my husband's heirs inherit in the house after his death?

  • Is it permissible to work as a valuator of properties? These valuations are then used by commercial banks.

  • A man passes away leaving no wife, no parents, no grandparents, no brothers, but 9 sisters, and no paternal uncles, but one paternal aunt. How will his estate be distributed?

  • I have married a lady who has two minor children from her previous marriage. I am not a relative of the children. Their fatherclaims that the mother has forfeited her custody right and the children should be handed over to him. Is his demand in accordance with the Shariah?

  • If acts of charity and ibaadat (Tilaawat, etc.) are done with the intention of the thawaab being for a deceased minor, does he/she benefit from such acts?

  • Is it permissible to appoint a woman as a Qaadhi (Judge)?

  • If parents pressurize their son to remove his beard and they order him to do so, will he be committing a sin if he complies with their instruction? Is it a valid argument that the son will not be sinful on account of obeying his parents because the Shariah commands obedience to parents?

  • In Muslim countries we find even senior Ulama having their photos taken. They appear on television and their pictures are printed in newspapers. Does the Shariah allow such scope for pictures? Some people argue that when even Ulama have their photos taken, then it proves that this practice is not sinful.What are your comments?

  • An Aalim said that it is not permissible to keep the name Parwez. If someone's name is Parwez, should he change it?

  • If a child dies a few hours after birth, should it be given a name?

  • In these times it has become difficult to get one's marriage proposal accepted because of the beard. When I had proposed marriage, the girl's parents insisted that I first shave my beard. Only then would they accept my proposal. My parents who are not very staunch on the Shariah, advised me to shave my beard and grow it again after marriage. Is it permissible to shave the beard for the sake of marriage?

  • Is oral sex permissible?

  • I am a hairdresser. I shave the beards of Muslims as well as non-Muslims. What is the state of the money which I earn?

  • The masbooq by mistake made Salaam with the Imaam. Is he required to make Sajdah Sahw?

  • My seven year old child is extremely stubborn and disobedient. Our efforts to reform him have failed. Please give us some advice.


    Answer
    ·  The only relatives which a man has is an adopted daughter and his sister. In his will he leaves his entire estate to his adopted daughter. He completely deprives his sister of any inheritance. How should his estate be divided according to the Shariah?

    The adopted daughter is not an heir. She does not inherit in his estate. If his only relative is his sister, then she will inherit his whole estate. The will of this man is baatil and haraam. If he wishes her to receive something of his estate, he should make a wasiyyat (bequest) which should not exceed one third the value of his assets.

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    ·  Is it permissible to buy CD cassettes which have nazams with and without music? A Mufti says that it is permissible to buy such cassettes. According to him, the nazams without music should be taped on another cassette and the music portion should be discarded. Please comment.

    One does not require deep insight to understand the error of the Mufti. Commonsense is sufficient to understand that it cannot be permissible to buy and listen to a cassette on which haraam music is being played. This mufti is inducing people to buy something which is haraam and also encouraging them to listen to music. To even retape the nazam without music, it will be necessary to listen to the music. Children especially will incline to the music and they will develop the habit of listening to such haraam songs. The mufti in blurting out thoughtless answers is opening up an avenue of fitnah in the community. He invites to kabeerah sins instead of preventing evil. His argument is similar to saying that it is permissible to buy a case of liquor and fruit juice. The fruit juice should be removed and consumed while the liquor should be thrown away. This is a satanic delusion and a trap to gradually draw Muslims into the net of haraam. It is haraam to buy a cassette on which there is music irrespective of the nazam which is unaccompanied by music.

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    ·  I am a student at a Madrasah. Someone is sponsoring me with Zakaat money. I do not use all the money from the monthly allowance which my sponsor gives me. I save an amount from the Zakaat. After a couple of months the amount which I have saved is more than the Nisaab of Zakaat. Can I continue accepting the monthly Zakaat allowance seeing that a year has not passed on the Nisaab I have?

    It is haraam for you to accept Zakaat when you have the Nisaab amount irrespective of a year passing or not. Whenever you have the Nisaab, then it is your Waajib duty to inform your sponsor that you have sufficient funds and you are therefore not permitted to accept Zakaat. When the money decreases to less than Nisaab, you may inform your sponsor.

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    ·  What makes shaking of hands on Eid Days bid'ah?

    Why would two people who proceed together in the same vehicle to the Musallaa (Eidgah) for Salaat refrain from hand-shaking when they leave their home, but as soon as the Eid Salaat is over, they shake hands? Why did they not shake hands at home before leaving? Why do they not shake hands in the vehicle while riding to the Eidgah? Why do they not shake hands when they arrive at the Eidgah? Why do they delay their hand-shaking for after the Eid Salaat? Where did they acquire this practice from? From the Sahaabah? From the Taabieen? From Rasulullah (sallallahu alayhi wasallam)? Why did these great personalities not shake hands on this occasion? These questions cannot be fobbed off by saying that hand-shaking is Sunnat. We all know that Salaat is Fardh and Sunnat. But performing Salaat at sunrise is haraam. Performing Salaat in conflict with the teachings and practice of Rasulullah (sallallahu alayhi wasallam) is bid'ah and Haraam. In the same way, shaking hands and developing it into a perculiar and a stupid custom is bid'ah. It is not permissible to shake hands on Eid days after Salaat. It is a baseless custom which has no origin in the Sunnah.

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    ·  Is it Sunnat for the Khutbah to be longer than the Salaat or vice versa?

    It is Sunnat that the Khutbah be shorter than the Salaat. According to the Hadith it is one of the minor signs of Qiyaamah for the Khutbah to be long and very long while the Salaat will be short. This is generally the practice nowadays, especially on Eid days when the khatieb bloated by ujub (vanity) and endeavouring to make an impression on the congregation, recites a very long specially prepared khutbah which tires the people. Some khatiebs go out of their way to create an impression with their khutbahs.Their motive is to impress the musallis who do not understand anything of the khutbah. As long as it is new-sounding, the khatieb basks in his ujub thinking that he is making a wonderful impression on the musallis. The desire to recite very long khutbahs and to depart from the Masnoon khutbahs are signs of the unwholesome intention of the khatieb. One who is concerned with ibaadat and thawaab will opt for a Masnoon Khutbah,and such khutbahs are not long. The need for reciting Masnoon Khutbahs is greater for us who do not understand Arabic. Firstly, the Sunnat is observed. Secondly, the people do not become weary. Thirdly the barkat in reciting a Masnoon khutbah is far greater than reciting the poetry which was compiled centuries after Rasulullah (sallallahu alayhi wasallam). Fourthly, the khatieb does not have much latitude for his ujub.

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    ·  Is it permissible to use interest money to pay a Muslim's debts?

    If the Muslim qualifies to accept Zakaat, then he may be given the interest to pay his debts. Everyone who has debt is not necessarily permitted to accept Zakaat. His Zakaat assets may still amount to Nisaab or more after deduction of his debts. If so, then he may not be given interest.

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    ·  After which Surah in the 30th Juz is it Mustahab to recite `Lailaha illallaahu wallaahu akbar'?

    We are not aware of this. This is the first time we have heard that reciting tahleel is Mustahab after a certain Surah in the 30th Juz. We have never read of this anywhere nor did any of our Asaatizah ever teach us about this. Nevertheless,no one can claim to know everything. Perhaps someone else can enlighten us on this question. Until we find something concrete, we cannot comment.

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    ·  A musalli joins the Jamaat Salaat in the 4th raka't. How should he complete the three raka'ts which he has missed?

    After he rises to complete his Salaat (i.e.after the Imaam has ended the Salaat), the Masbooq has to recite Thana and Qiraa'at as he would in the first raka't. After this raka't, he will sit and recite Attahiyaat. Then he rises, and in this raka't he will again recite Qiraa'at (Surah Faatihah and a Surah). After this raka't he will rise into the last raka't and recite only Surah Faatihah.

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    ·  Is it permissible to perform Fardh and Nafl Salaat in a room where people are sleeping? Also is it permissible to recite Qur'aan loudly in such a room when the sleeping persons will be disturbed?

    Salaat may be performed in the room silently without disturbing the people who are sleeping. It is not permissible to recite the Qur'aan Shareef loudly in a place where people are sleeping or making ibaadat.

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    ·  What intention should be made when performing Qadhaa Salaat?

    The intention of the specific Salaat which is being performed should be made.

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    ·  May a non-baaligh (one who has not attained puberty) correct the mistakes of the Imaam in Taraaweeh Salaat?

    If the na-baaligh is intelligent and knows how to perform Salaat, he may correct the Imaam.

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    ·  Is it true that the penalty or consequences of incorrect discharge of inheritance overtake the guilty one within 30 years?

    The consequences of evil usually befall the criminals quickly. They don't have to wait for 30 years. We are not aware if there is any narration mentioning 30 years.

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    ·  Some people make thikr while viewing television. Is this correct?

    It is like making thikr while relieving oneself in the toilet. In fact, it is worse than making thikr in the toilet because when answering the call of nature one does not commit haraam, but when viewing television, one indulges in a kabeerah sin.

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    ·  Some people recite the Qur'aan Shareef in an extremely loud voice. Is this proper?

    It is not proper to shout while making tilaawat. Reciting very loudly is improper.

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    ·   I am a 16 year old girl. I met a man from another country. I spoke to him briefly. He gave me his contact details. He says that he wants to meet my parents and propose marriage. I have met him only once. Is this relationship permissible in the Shariah? I have confided in my mother, but she is unable to give me any sound advice. The worst part is that he is 31 years old. Now I want to marry him. Please advise me.

    The relationship is haraam. Our advice is that you should forget this man. You don't know even if he is married and has children. You are extremely childish. A wrong move in this matter can ruin your life forever. Many women have ended up in misery by marrying unknown entities from other countries. Many have written to us about their predicament. It is extremely unintelligent to plunge into darkness without even knowing what dangers lie ahead in the darkness. If he is an honest Muslim, then he will and should speak with your father. Your father will or should then know what the next step will be. Our advice is that you should banish this unknown man from your mind and terminate this haraam relationship which can perpetually ruin your life. May Allah Ta'ala guide you and protect you from the snares of shaitaan and from the evil of your own nafs.

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    ·  There is much controversy regarding animal gelatine. Most of the Ulama in South Africa say that animal gelatine made by even kuffaar is halaal. It is claimed that in the process of making gelatine, the haraam substances undergo a total transformation, hence become halaal. Please comment.

    While there is a principle of total transformation in the Shariah, it is utterly baseless to claim that this principle applies to the process of gelatine-manufacture. Gelatine which is made from animal hides used as the raw material, is in fact the product of all the impurities which are extracted from the haraam skins by the kuffaar. But those who have been duped into believing that total transformation (tabdeel maahiyat) occurs, labour under the wrong notion. The claim that most Ulama say that this filthy and impure substance is halaal may be true. But we can state categorically that most Ulama in South Africa are unaware of the process of gelatine-manufacture. A couple of them have done an investigation and have come to grossly erroneous conclusions. They have no Shar'i grounds for proclaiming gelatine halaal. The few who have made their defective investigation, then publicised their findings and their erroneous fatwa. Nowadays, you follow blindly the organisation to which you have offered allegience. Regardless of the errors and blunders of the organisation, the members, even if they are Molvis, support the official stand of the organisation. But this should not be the attitude of Ulama. Ulama should speak on the basis of Knowledge. But there is a great dearth of sound Shar'i knowledge among the ranks of even the Molvis of this day. On account of the defective knowledge, they have no option other than to fall in line with what their chief says, whether right or wrong. In fact, these muqallideen of baatil are unable to distinguish between right and left. The majority falls in this category. On the otherhand, the Ulama-e-Haqq will always be a small minority right until the Last Day. About this small minority, Rasulullah (sallallahu alayhi wasallam) said:

    "There will always be a group of my Ummah who will fight on the Haqq. Those who oppose them and those who refrain from aiding them will not be able to harm them. They (the Group of the Haqq) will remain dominant until the Day of Qiyaamah...."

    The criterion of the Haqq is not majority. The Haqq of the Deen is based on Shar'i Dalaa-il. It has nothing to do with numbers and with howling and screaming.

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    ·  I have been married for seven years. My husband has a medical problem. We are therefore unable to get children. I have made lots of sabr and make dua for guidance and strength. My husband resents himself. He has become very distant from me. I have come to accept that this is my Taqdeer and cannot be changed. In view of the attitude of my husband who shows no affection towards me, I am tempted to leave him. I don't know what else to do.

    Creation is Allah's prerogative. Those who are dissatisfied with Allah's decree are displaying traits of kufr. A Muslim is expected to accept his fate happily. While lawful efforts may be made, it is not permissible to complain and be frustrated when such efforts fail. Your husband is behaving irrationally and childishly if his lack of affection for you is caused by your childless state. It is not in your power nor in his power nor in the power of the doctors to create children for you. Perhaps he may have other reasons for his attitude. You should discuss the matter with him and try to ascertain what exactly causes his attitude. If he confirms that it is because you are childless, then obviously he will be extremely childish and irrational, especially when he has been told that the problem lies with him. You should continue with your Sabr. Sabr which is terminated is not true Sabr. Do not be hasty. Whatever is done in haste is always regretted after the damage has been done. As long as a man does not think intelligently, there is nothing that could be done about his irrational and childish behaviour. Sabr and Dua are the best measures for this situation.

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    ·  I had sexual relations with my wife while she was menstruating. I regret what I have done and have repented and asked Allah Ta'ala to forgive me for having committed this despicable act. What else can or should I do to compensate for this evil?

    Taubah is the main requirement. However, it is good to give some Sadqah as well. Sadqah and good deeds in general aid Taubah and efface sins.

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    ·   Is it proper for the first wife to recite wazeefas so that the husband inclines more to her, spends less time with the second wife and generally gives the first wife more benefits. The first wife feels that there is nothing wrong in this because the wazeefas consist of Qur'aanic verses, not sihr (jaadoo) or anything of that sort.

    It is haraam to misuse the Qur'aan Majeed. If a copy of the Qur'aan Majeed is flung at a person with the intention of hurting him, this despicable act will be haraam. It cannot be argued that the hurt is being caused with the Qur'aan and not with sihr, etc. The Qur'aan commands that the husband metes out equality of treatment to both wives, i.e. he has to give both equal expenses and spend an equal number of nights with both. Whether sihr or any lawful method is used to harm others or to commit injustice or a sin, it will be haraam. The method of causing the harm and sin is of no consequence. The act remains haraam. In fact, using a lawful method, especially a sacred object like the Qur'aan Majeed, for haraam is an aggravated haraam. If Qur'aanic verses are used in an amal to break up a marriage or for winning in gambling or for any other haraam act, it cannot be argued that the haraam act has become lawful in view of the amal consisting of Qur'aanic verses. The action of the first wife is haraam.

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    ·  Is human cloning permissible?

    Human cloning is not permissible. It is a shaitaani act which comes within the scope of the Qur'aanic aayat (No.119 Surah An-aam): "(Iblees said): "Most assuredly I shall mislead them, give them false hopes, and I shall command them to pierce the ears of an'aam (cattle, etc.), and assuredly, I shall command them and they will change the khalq (creation) of Allah." Whoever takes shaitaan as a friend besides Allah, verily he has fallen into a great loss."

    Taghyeer li khalqillaah (changing Allah's creation) is a shaitaani act which is haraam. Whether the change is externally or internally, it remains haraam. External acts of taghyeer are filing the teeth, tattooing the body, adding false hair to one's hair such as wigs, etc. Inspite of these external acts of taghyeer being reversible, they are haraam. Cloning brings about an internal change in the personality of the person. Such taghyeer is worse than the external taghyeer. Certain acts of taghyeer to animals, e.g. castration, are permitted by Allah Ta'ala Himself, hence it will be incorrect to present this as an argument to legalize taghyeer in a human being because such taghyeer is prohibited by Allah Ta'ala. An exception made by the Shariah cannot be cited in negation of a Shar'i law.

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    ·  What is the significance of kissing one's thumbs and rubbing it on the eyes when Rasulullah's name is recited during the Athaan?

    This is a bid'ah act. Some weak and fabricated narrations have been advanced by the Ahl-e-Bid'ah to substantiate this practice. If this practice was Sunnah as the Ahl-e-Bid'ah claim, the Fuqaha would have included it among the Aadaab (Etiquettes) of the Athaan. But none of the authorities of the Shariah nor their authentic works make any reference to this practice.

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    ·  Many people benefit from organ transplantation. Is it permissible to bequeathe one's organs for use in others after one's death?

    Organ transplantation is haraam. Regardless of the benefit, a haraam act cannot be legalized. There is benefit in liquor, gambling and according to the scientists and doctors of western medicine in excreta and urine as well. But such benefit does not render these impurities halaal. Similarly, the benefits of organ transplantation do not render this practice lawful. It is haraam to bequeathe one's organs. Human organs may not be used for any purpose whatsoever.

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    ·  It has been claimed that the Fiqh Academy based in Jeddah has issued the fatwa that organ transplantation and bequeathing organs are permissible. Please comment.

    This modernist academy consisting of liberals and semi-orthodox learned men who incline towards liberalism is not a Shar'i authority. Some Molvis when they are bereft of any Shar'i arguments seek refuge in the statements of such liberal organisations which make great use of personal opinion to even override the Shariah. The deviant Salafis who have renounced the Taqleed of the Four Math-habs at least have a bit more shame and sense then our modernist molvis of shallow learning. The Salafis cite the Qur'aan and Sunnah as their proof, albeit subject to their opinion. But they do say: Qur'aan and Sunnah. But our modernist molvis lack even the intelligence to say: "Qur'aan and Sunnah". They do not know whether they are coming or going, hence they irrationally blurt out drivel such as "the Arab Ulama say so and the Jeddah Fiqh Academy has passed this and that resolution.:" Only men bereft of true Shar'i Ilm behave so irrationally and weakly. They bypass the Shariah's Proofs and the Fuqaha, and then cling to straws like the modernist academies. They dwell in deception and error manifest.

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    ·  What is the meaning of one year passing before Zakaat becomes compulsory on one's wealth? If a person has R5000 on a particular day and during the course of the year this amount decreases and then increases, but after a year he has say R3000, on what amount does he have to pay Zakaat?

    He will pay Zakaat on R3000. That is, the amount which he has after one year. The initial amount of R5000 and the increase during the course of the year will be ignored. If on 5th Muharram, for example, the person has an amount in either cash, gold, silver or stock-in-trade,which equals the Nisaab of Zakaat or more, then he is described as Maalik-e-Nisaab (the owner of the Nisaab). If 12 Islamic months later, i.e.on 5th Muharram the next year, he still has the Nisaab amount or more, then he pays Zakaat on the amount he has on the day his Zakaat year has expired. In this example it is 5th Muharram. 612 gm silver is the Nisaab value. The present Nisaab of Zakaat appears on page 12.

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    ·  Is it permissible to listen to Qur'aan recital on a cassette while one is busy sewing on a machine?

    It is permissible. As long as you pay attention to the recitation, it is permissible.

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    ·  The only relatives a man has are two full brothers and three half sisters (same father, but different mothers). How should his estate be divided among them?

    Only his full-brothers inherit. The estate will be shared equally by them. The half-sisters do not inherit in this case.

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    ·  If one of the brothers (in the above question) dies, leaving children, will they inherit in their uncle's estate. Their father died before the uncle.

    The children of the pre-deceased brother will not inherit in their uncle's estate. The whole estate will be inherited by the deceased's one brother.

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    ·  Since childhood it has been taught to us females that in Sajdah our arms should be drawn in and put on the ground and not be held up in the way men do. Our mothers performed Salaat in this way and we were taught this way. No one ever had a different view. Now we hear on the radio a Maulana saying that women should position their bodies just like males and keep their arms away from the ground. Is this right?

    The ghair muqallid molvi is astray. He has picked up this baseless view from the Salafis who have an aversion for the Four Math-habs of Islam. The way you have performed Salaat since childhood is correct. It is not permissible for females to project their bodies like males.There is greater Hijaab for women in the Sunnah postures which the Shariah orders for them. Ignore the baseless claim of the errant molvi.

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    ·  Should the heels be kept together in Sajdah? Some Ulama say that the heels and ankles should be held together in Sajdah. Is this correct?

    This rare view is erroneous. An unnecessary controversy is being created by some learned men with such rare views which have very little credibility among the overwhelming majority of the Fuqaha. The heels and ankles should be kept apart in Sajdah just as they are kept apart throughout the Salaah.

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    ·  When I was a non-Muslim I had an illicit affair with a non-Muslim woman. A child was born of this relationship. I have now embraced Islam. What are my obligations towards the child and what are my rights?

    You have no legal rights over the child according to the Shariah. The man who fathers an illegitimate child is not accepted as the legal father of the child. Legally in the Shariah, you have no right over the child nor any obligations towards him/her. However, if you wish to assist with the maintenance of the child, you may do so. But you may not have any contact with the child's mother unless she embraces Islam and you get married to her.

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    ·  A woman left her husband's home in defiance and went to her parents. As she was leaving, the husband said: "Don't ever come back!" Is this statement a Talaaq?

    It will be a Talaaq only if the husband had the intention of Talaaq.

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    ·  The husband says that he regrets having married his wife and that he does not want her back; she should stay by her parents. Are these statements Talaaq?

    These statements will be Talaaq only if the husband had the intention of Talaaq at the time when uttering them.

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    ·  Is it permissible to use a real fur garment and a garment in which dog's hair has been used?

    Such garments are permissible.

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    ·  If the underarm and below navel hair is longer than a rice grain but less than 40 days have passed, is it sinful not to remove it?

    It is compulsory to remove these hairs after 40 days. It is Sunnat to remove it once every seven days regardless of length. It is not sinful to abstain from removing these hairs if forty days have not yet passed.

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    ·  Is it permissible to eat the food which is served at 40 day khatam functions?

    It is not permissible to participate in these bid'ah functions nor is it permissible to eat such food of bid'ah.

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    ·  We have been taught that there are 14 Aayats of Sajdah in the Qur'aan Shareef. I counted these verses and found 15. Please explain.

    In Surah Hajj there are two Sajdah verses. The second one is for Shaafis and the first one for Hanafis. According to the Hanafi Math-hab, the second one is not an aayat of Sajdah.

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    ·  When Hifz students recite an aayat of Sajdah a number of times to memorize it, do they have to make a number of Sajdahs equal to the number of times they have recited the aayat?

    If they are sitting in the same place while reciting the aayat, only one Sajdah is necessary. If they change to another place and repeat the aayat, then another Sajdah will be necessary. Q. At a Deeni school a sports day was organised. The students were classified into different groups and each group was given a kuffaar name such as Leopards, Torus, Virgo, etc. A variety of sporting activities took place. Is this not emulating the kuffaar?

    A. Undoubtedly it is emulation of the kuffaar. Rasulullah (sallallahu alayhi wasallam) said: "Whoever emulates a people becomes of them." The school you have referred to cannot be a Deeni institution. Its outer `deeni' facade is a deception. A Deeni institution does not so flagrantly organise haraam activities in emulation of the kuffaar. This school is a great danger to the morals of the Muslim children. Participation in such evil functions is haraam.

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    ·  In the morning a person wakes up and finds mazi on his clothes, but he cannot remember having seen any sexual dream. Is ghusl fardh?

    Ghusl does not become fardh when mazi is released. The release of mani (sperm) with shahwat (lust) makes ghusl compulsory whether any dream was seen or not. If the person is sure that it is mazi and not mani, then ghusl is not necessary. Only the affected parts should be washed.

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    ·  The deceased is survived by his parents, 2 brothers, 2 sisters, nephews and 4 nieces (from his brother's side). How should his estate be distributed?

    Only his parents will inherit. His mother gets one sixth of all the assets and the father takes the remaining five sixths.

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    ·  Some people say that the face and arms should not be dried after wudhu. Is this correct?

    It is permissible to dry the face or to refrain from wiping it.

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    ·  Some people in Pietermaritzburg claim that according to The Majlis a haafiz who trims his beard to less than a fist length can lead the Taraaweeh Salaat. Please comment?

    Either you have been misinformed or you have misunderstood what you have been told. A haafiz who trims his beard to less than a fist length is a faasiq. It is not permissible to appoint him to lead the Taraaweeh. We have reiterated this mas'alah in a number of issues of The Majlis.

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    ·  Is it necessary for the marriage to be consummated before the Walimah?

    Consummation is not necessary The Walimah may be organised at any time. (Walimah is the Sunnat feast which the man organises. It is not the customary wedding feast which is accompanied by haraam acts).

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    ·  A widow cannot make ends meet. She is in considerable difficulty, but she has some gold jewellery the value of which is more than the Zakaat Nisaab. Is it permissible to give her Zakaat?

    As long as she has gold jewellery, the value of which equals the Zakaat Nisaab, it will not be permissible to give her Zakaat. She has to sell the jewellery and use the money for her needs. Thereafter Zakaat may be given to her.

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    ·  Is the custom of the girl's family hosting a reception at their home after the nikah a valid Islamic custom?

    No, it is not an Islamic custom. It has no place in the Sunnah. Islamic customs are those which have their origin in the Sunnah.

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    ·  At nikah functions, waleemahs and jalsahs there is much extravagance, show and pride. If invited, will I be sinful for not attending?

    It is not permissible to attend any function where these acts prevail. Besides the Waleemah, the other functions have no origin in the Sunnah. There is no need to attend. Furthermore, if any haraam activities occur there, then it will not be permissible to attend. This includes even a Waleemah.

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    ·  These days, even Ulama, at the time of nikah, send jewellery and money enclosed in envelopes (which I think is called Salaami) to the prospective bride even before nikah. Is this proper?

    It is improper. This `salaami' custom is a practice of riya. There is no goodness in it.

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    ·  What should our belief be regarding the parents of Rasulullah (sallallahu alayhi wasallam) and their position in the Aakhirah?

    The Akaabireen have emphasised that we maintain silence on this delicate subject. It is not part of Imaan to entertain any belief in this regard. It is highly improper for us to discuss this topic.

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    ·  Some Imaams when completing the Salaat say `Salaamu Alaikum..." instead of "Assalaamu..." Is the Salaat valid?

    Saying only "Salaamu.." is Makrooh, but the Salaat is valid. Sajdah Sahw is not necessary. It is Sunnat to say: "Assalaamu Alaikum..."

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    ·  Recently in our city a Muslim boy got married to a Hindu girl. In addition to the Nikah in the Musjid, he went through the Hindu wedding ceremony in their temple. He put on the Hindu outfit and got married according to Hindu custom. What is the state of this boy?

    By putting on the Hindu religious outfit and participating in the Hindu religious ceremony in their temple, this boy became a murtadd. He has lost his Imaan. It is incumbent that he renews his Imaan and repents.

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    ·  Nowadays Muslim females are wearing pants and very short tops which end just where the zip of the pants is situated. The pants have long slits which begin below the knees or half way down the knees. There is no lining nor a slip under these pants. They are also wearing dresses with big slits with no lining or anything whatsoever under the dresses. When they walk their bare legs show. I am aware that this type of dress is immoral and not permissible. What is the Shariah's ruling when they perform Salaat with such ugly garments?

    Rasulullah (sallallahu alayhi wasallam) said that there will be numerous women who used to wear garments on earth but will be naked on the Day of Qiyaamah. Women who wear see-through clothes, tight-fitting garments and the type of immoral dress described in the question all come within the purview of this Hadith. Such women are lewd and are within the category of adultresses. Having lining or a slip under these immoral garments makes no difference. Wearing such evil dress even under the jilbaab is haraam. Performing Salaat with such immoral dress is Makrooh even if the entire body is covered with a jilbaab. Muslim women should never wear such evil styles of garments.

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    ·  Is fidyah paid for only the Ramadhaan fasts which one is unable to keep or does it have to be kept for Nafl fasts which were broken but not discharged afterwards?


    If a Nafl fast is broken, qadha of it is Waajib. If due to ill-health or extreme weakness and old age, one is unable to keep the qadha, then fidyah has to be paid for even such unkept qadha obligation

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    ·  After the death of a man who had not fasted for several years nor had he made a wasiyyat for Fidyah to be paid for his unkept fasts, will it be permissible for his sons or other relatives to fast on his behalf to fulfil his qadha obligation?

    This is not permissible. The fasting by his relatives will not compensate for his obligation. They can only make dua of maghfirah (forgiveness) for him and perform acts of charity and ibaadat with the intention that Allah Ta'ala will bestow the thawaab to him and forgive him.

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    ·  A daughter worked several years in her father's shop. No wage was agreed on. He would give her sums of money as she required. She lived with him and did not have to pay for food, etc. Now after the death of the father she claims that his estate owes her for the few years she had worked in her father's shop as she was not paid any wages. Is her claim rightful?

    She has no valid claim in her father's estate with regard to wages. She is not entitled to any wages since no such agreement was made with her father. While she will inherit in his estate, her claim for wages is baseless and should be dismissed.

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    ·  Some people say that it is permissible to use perfume which contains alcohol. They claim that the alcohol evaporates before the sprayed perfume reaches one's body.

    It is not permissible to use such perfume. The evaporation argument has no validity.

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    ·  Non-Muslim supermarkets sell meat products which bear the halaal certification of some Muslim organisations. Is it permissible to consume such meat?

    Such meat is haraam. Any meat which non-Muslims sell is haraam irrespective of whose `halaal' certification is displayed.

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    ·  I have purchased a product with interest money. Can I take this product for myself and compensate for it with my halaal money which I shall give to the poor?

    This is not permissible. You have to give the product to the poor. Once a poor person has taken possession of the product, he becomes its owner. You may then purchase it from him.

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    ·  I want to pay Zakaat for several past years.I had neglected this obligation. However, I have no records and I do not know on what amounts to pay Zakaat. What should I do?

    If you have no records for the past years, you should employ the Shar'i principle of Taharri, i.e. you should reflect and honestly reach a decision. Make an estimate of your past financial state as best as you can. Then calculate your Zakaat obligation.

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    ·  My husband has transferred the house on my name. He says that he has done so to protect me. Have I become the owner of this property? Will any of my husband's heirs inherit in the house after his death?

    You do not become the owner of the house simply by the transfer into your name. Your husband may have some other reason for having transferred the property into your name. His statement: "To protect you.", does not make you the owner. If he wants to make you the owner, he has to make an explicit declaration stating that he has gifted the house to you and that you are its owner now. You have to verbally state your acceptance of the gift. He should also have a written document drawn up to clearly confirm that he has gifted the property to you. Let witnesses also sign the document. His heirs should be notified. If these measures are not taken, your husband will remain the owner and all his heirs will inherit in the house.

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    ·  Is it permissible to work as a valuator of properties? These valuations are then used by commercial banks.

    It is permissible. It does not matter who uses these valuations.

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    ·  A man passes away leaving no wife, no parents, no grandparents, no brothers, but 9 sisters, and no paternal uncles, but one paternal aunt. How will his estate be distributed?

    His estate will be divided into nine equal shares. Each sister will get one share.

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    ·   I have married a lady who has two minor children from her previous marriage. I am not a relative of the children. Their fatherclaims that the mother has forfeited her custody right and the children should be handed over to him. Is his demand in accordance with the Shariah?

    When a woman marries a man who is not a very close blood relative of the children, then she loses the right of custody. However, this forfeited right does not pass to the children's father. The maternal grandmother is entitled to custody. If she is not alive or for some reason does not or cannot take custody of the children, then this right devolves to the maternal aunts. If there are no females on the mother's side to take custody, then the right devolves to the paternal grandmother. When the boy is seven years old, the father has the right of taking him, and the girl when she is 10.

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    ·  If acts of charity and ibaadat (Tilaawat, etc.) are done with the intention of the thawaab being for a deceased minor, does he/she benefit from such acts?

    Deceased minors also benefit from the acts of Isaal-e-Thawaab done for them.

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    ·  Is it permissible to appoint a woman as a Qaadhi (Judge)?

    In the unanimous ruling of the Four Math-habs of Islam, it is not permissible to appoint a woman to be a qaadhi. During the age of Rasulullah (sallallahu alayhi wasallam) and the Sahaabah, there were many women who were highly qualified in the knowledge of the Shariah. Hadhrat Aishah Siddiqah (radhiyallahu anha) is famous for her Knowledge. Sahaabah as well as Taabieen from far and wide would come to her to gain knowledge of the Deen. Inspite of the presence of these illustrious ladies of profound Islamic learning, none of them were appointed qaadhis. According to the Shaafi, Maaliki and Hambali Math-habs, the rulings of females is not valid and has no legal effect in any matter whatsoever. However, according to the Hanafi Math-hab, while it is sinful to appoint a female to the post of qadhaa, her ruling will have legal effect if by some misfortune in violation of the Shar'i prohibition, some faasiq ruler has appointed her as the qaadhi.

    Furthermore, the Hanafi Math-hab specifies that even if she happens to be a qaadhi, her verdict in cases pertaining to Hudood and Qisaas (specific Shar'i punishments, e.g. flogging, cutting the hand, etc.) will not be valid and has no legal effect.

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    ·  If parents pressurize their son to remove his beard and they order him to do so, will he be committing a sin if he complies with their instruction? Is it a valid argument that the son will not be sinful on account of obeying his parents because the Shariah commands obedience to parents?

    This argument is baseless and stupid. Obedience to parents is only in lawful things, not in haraam things. It is haraam for the son to obey his parents and remove his beard. His parents will not be able to assist him when Allah's punishment overtakes him in the grave and in the Aakhirah. Parents who compel their children to commit such kabeerah sins should beware. The senior Ulama have said that there is the grave danger of the end of such parents being in kufr. May Allah Ta'ala save us all.

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    ·  In Muslim countries we find even senior Ulama having their photos taken. They appear on television and their pictures are printed in newspapers. Does the Shariah allow such scope for pictures? Some people argue that when even Ulama have their photos taken, then it proves that this practice is not sinful.What are your comments?

    Allah's Law is the Shariah, not the haraam actions of some ulama. Even if we have to assume that senior Ulama indulge in photography, it does not detract from the prohibition of the Shariah. The evil of learned men is not proof or grounds for anything other than their own weaknesses and sins. The Qur'aan and the Sunnah are the Shariah, not what they do in Muslim countries if such perpetrations are in conflict with Allah's Deen. You don't need to be brilliant to comprehend this simple fact.

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    ·  An Aalim said that it is not permissible to keep the name Parwez. If someone's name is Parwez, should he change it?

    Parwez was the name of the evil emperor of Iran who had insulted Rasulullah (sallallahu alayhi wasallam) by tearing into pieces the letter of da'wat which Nabi-e-Kareem (sallallahu alayhi wasallam) had written to him. In recent times, Parwez was also the name of a notorious denier of the Ahadith of Rasulullah (sallallahu alayhi wasallam). It is therefore not permissible to keep the name of such evil persons. Such names should be changed and the names of pious people adopted.

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    ·  If a child dies a few hours after birth, should it be given a name?

    When a child is born alive, it should be given a name even if the child dies a minute after birth.

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    ·  In these times it has become difficult to get one's marriage proposal accepted because of the beard. When I had proposed marriage, the girl's parents insisted that I first shave my beard. Only then would they accept my proposal. My parents who are not very staunch on the Shariah, advised me to shave my beard and grow it again after marriage. Is it permissible to shave the beard for the sake of marriage?

    Keeping a beard is Waajib. There is absolutely no difference of opinion in Islam on this important Sunnat of all the Ambiya (alayhimus salaam). Shaving the beard or cutting it is a kabeerah sin. It is haraam to shave the beard for the sake of marriage or for any other worldly reason. Confound such a woman and such people who display such a deep hatred for the Sunnat of Rasulullah (sallallahu alayhi wasallam) and the other Ambiya (alayhimus salaam). That they stipulate this kabeerah sin for the acceptance of a marriage proposal is proof of their aversion for Rasulullah (sallallahu alayhi wasallam) and the Deen of Allah Ta'ala. Those who stipulate such an evil condition and display such aversion for the Sunnah lose their Imaan. They cannot be Muslim. They are munaafiqeen who will dwell in the dregs of Jahannum if they perish without having made taubah.

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    ·  Is oral sex permissible?

    Insaan (the human being) is Allah's noblest creation. Allah Ta'ala has ennobled him with a beautiful Rooh (Soul) and Aql (Intelligence). Then Allah Ta'ala adorned these wonderful gifts with the greatest treasure, namely Imaan. While kuffaar are expected to descend to levels lower than even bestial animals, Insaan has to constantly progress up the spiritual ladder to attain lofty heights in the sphere of Divine Proximity. It is indeed most despicable for a Mu'min who understands the goal of life and who believes in Allah and the Last Day to demean and degrade himself into the commission of such a vile and filthy misdeed such as oral sex. This practice is not permissible. We have a two-page article on this question. If anyone wishes to have the article, he/she may write for it. A R1.50 stamp will be appreciated. (The request for stamps applies to only South Africans. Foreign stamps are of no use in South Africa.)

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    ·  I am a hairdresser. I shave the beards of Muslims as well as non-Muslims. What is the state of the money which I earn?

    It is haraam to cut or shave the beards of both Muslims and non-Muslims. The money earned from this haraam act is not permissible. The la'nat of Allah Ta'ala descends on those who cut/shave the beard.

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    ·  The masbooq by mistake made Salaam with the Imaam. Is he required to make Sajdah Sahw?

    Yes, he has to make Sajdah Sahw. (A masbooq is a late-comer who has missed one or more raka'ts of the Jama't Salaat.)

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    ·  My seven year old child is extremely stubborn and disobedient. Our efforts to reform him have failed. Please give us some advice.

    Although not always, but generally, the cause of the disobedience of children is the disobedience of parents. When parents are disobedient to Allah Ta'ala and they transgress the Shariah wantonly, the consequence is the disobedience of their children. Parents should reform themselves, become obedient to Allah Ta'ala and follow the Sunnah. Insha'Allah, their children too will become obedient.

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