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· What type of corporal punishment is the Ameer (leader) of a Muslim community in a non-Muslim country allowed to inflict on a Muslim who commits crimes such as fornication, sodomy, etc.?
The Islamic Penal Code and prescribed punishments known as Hudood cannot be meted out in a non-Muslim country. The leader of the Muslim community in a non-Muslim country has no political status whatsoever, hence he lacks coercive power. He has no Shar'i right of administering corporal punishment to criminals and sinners. The only right he has is the right of Amr Bil Ma'roof Nahy anil Munkar (i.e.commanding righteousness and prohibiting evil). This duty has to be executed by way of naseehat (counselling, admonition and advice). This duty is waajib (compulsory) on all those who have this ability and who have subordinates under their jurisdiction. Back to top
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· A Muslim joined a kuffaar gang and he indulges in their haraam and evil activities. The Imaam of our Musjid who is also the leader of our community has banned the Muslim gangster from the Musjid. He is now not allowed to come to the Musjid for any Salaat. Is the Imaam's action condoned by the Shariah?
The Imaam has acted in conflict with the Shariah. The Muslim gangster is a faasiq. While his misdeeds are evil and haraam, he still remains a Muslim, albeit a faasiq. The Musjid is not the private property of any person. The faasiq has the same right to worship in the Musjid as the Imaam. The Imaam has prevented the faasiq from discharging his Waajib duty of performing Salaat with Jamaat in the Musjid. In so doing, the Imaam is guilty of a great sin. The Imaam is also blocking a wonderful avenue for the reformation of the faasiq. His attendance of the Musjid and performance of Salaat will have a beneficial effect. He may gain hidaayat from his Salaat which may be the avenue by which he will acquire taufeeq to abandon his evil association and misdeeds. The Qur'aan Majeed says: "Verily, Salaat prevents from immorality and evil." Back to top
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· Some ghair muqallideen claim that the soles of the feet do not have to be washed during wudhu. Is this correct?
It is utterly false and baseless. Wudhu will not be valid if even one millimetre of the soles remains dry. It is Fardh to wash the soles as well. Back to top
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· The Ghair muqallideen say that the Hadith does not prohibit the game of chess. The Hadith states `nard', not chess. Nard, they contend, is backgammon. Please explain.
Ghair Muqallideen (those who refute the Four Math-habs) are ignorant. While they do not follow any of the Four Math-habs of Islam, they make taqleed of their desires and opinions. Their claim regarding chess and `nard' displays their ignorance and their inability to understand Ahadith. They lack in entirety in the knowledge of the Usool (Principles) which govern the laws of the Shariah.
Even the Ghair Muqallideen believe, at least until now, that whisky, vodka, gin and the numerous brands of liquor available, are all haraam. But neither the Qur'aan nor the Ahadith mentions any of these liquors. The Qur'aan prohibits `khamr' (grape wine), not wine made from other substances. On the basis of the stupid arguments of these ignoramuses, all forms of liquor which are not khamr should be lawful. Whatever cause renders khamr haraam, renders all forms of liquor haraam. Similarly, whatever cause renders nard (backgammon) haraam, to a greater degree applies to chess. Thus, there is no dispute among the authorities of the Shariah regarding the prohibition of chess. Furthermore, some Hadith narrations explicitly mention chess (shatranj) as well. Back to top
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· Is it haraam to have fish and milk together?
While it is not haraam, the Sages of the Ummah have warned of contracting the disease known as whiteliver if milk and fish are consumed together. Caution therefore lies in abstaining from this combination. If a doctor advises abstention from a certain food and says that the illness will deteriorate if the food is consumed, then although it will not be haraam, the patient will practically treat such food as haraam and abstain. Back to top
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· Are witnesses necessary when a person embraces Islam? In our community it is regarded necessary to declare one's Shahaadat in the Musjid in the presence of witnesses.
Neither are witnesses necessary nor is it necessary to make any declaration in the Musjid. A person becomes a Muslim when he/she believes sincerely that Islam is the only true Deen. Once this is accepted, then the person should verbally recite the Kalimah: Laa ilaha il lallaahu Muhammadur Rasulullaah. (There is no deity (god or being of worship)— besides Allah, and Muhammad is His Rasool —Messenger). On having recited this Kalimah, one becomes a fully-fledged Muslim. Now it is incumbent to learn the rules of Tahaarat (Purification) and Salaat. Back to top
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· If there is only one minute left for the time to expire, should one perform the Salaat omitting all the Sunnat and Waajib acts?
If there remains only one minute, one may commence only Asr Salaat, no other Salaat. In one minute even if the Sunnat and Waajib acts are omitted, then also two raka'ts cannot be performed. The exception applies to only Asr Salaat. Irrespective of one minute, as far as Asr is concerned, it should be performed, and all the Waajib and Sunnat acts should be executed even while the sun is setting. But to delay the Salaat for such a time is a major sin. Back to top
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· Is it true that some verses of the Qur'aan were abrogated?
Yes, some verses were abrogated by Allah Ta'ala Himself. The Qur'aan is His Wahi (Revelation). He reveals and abrogates as He deems fit. In this regard, the Qur'aan Majeed states: "Whatever aayat We abrogate and cause it to be forgotten, We bring another (aayat) better than it or like it. What, do you not know that Allah has power over all things?" (Aayat 106 Surah Baqarah) Back to top
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· A colleague says that we should not eat with our hands infront of non-Muslims since they will gain a bad impression of us. Please comment.
Once the senior Sahaabi, Hadhrat Huzaifah (radhiyallahu anhu) together with some other Muslims were invited by the Christian king of Irbal for meals. While eating, a morsel of food slipped from Hadhrat Huzaifah's hand. He picked it up and while he was cleaning it with his hand, a colleague commented that the king and his noblemen will gain a bad impression of Muslims. Hadhrat Huzaifah (radhiyallahu anhu) sharply reprimanding his colleague said: "Shall I abandon the Sunnat of my Beloved for the sake of these ignoramuses?" He then proceeded to eat the morsel of food. By `Beloved' he was referring to Rasulullah (sallallahu alayhi wasallam) whom he had seen doing the same act, i.e. picking up a fallen morsel of food. Food is a wonderful ni'mat of Allah Ta'ala which should be honoured.
Every Sunnat of Rasulullah (sallallahu alayhi wasallam) is honourable. Every teaching of Islam is honourable. The honour of Muslims is with Islam, not in the impression the kuffaar gain of us for following our Deen. The kuffaar detest everything of Islam —our beliefs, our insistence on halaal, our observance of Hijaab, our appearance and our everything. Should we abandon Islam because they hold us in low esteem on account of our adherence to Islam? Hadhrat Umar (radhiyallallahu anhu) said: "We are a nation whom Allah has elevated by means of Islam." Furthermore, most kuffaar, in fact all kuffaar, eat a variety of foodstuff with even dirty hands. You will see them eating their sanwiches, fruit and other foods with even their unwashed hands. But Islam insists that we wash our hands before and after eating whereas kuffaar hardly wash before eating and don't wash at all after eating. We should not be concerned with the impressions of those who follow an immoral cult of life in which libertinism reigns supreme. Back to top
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· If someone says that there are more important things than Islam, will his statement be proper?
This is a statement of kufr which will expel him from the fold of Islam. He has to repent and renew his Imaan and his nikah if he happens to be a married person. There is absolutely nothing more important than Islam. Back to top
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· Is it permissible to perform Salaat with Tayammum in a prison cell if the time is expiring and there is no water in the cell?
Tayammum should be made and the Salaat performed. However, as soon as water is available, wudhu has to be made and the Salaat repeated. When the Tayammum is the consequence of prevention by people, then Salaat should be repeated. Back to top
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· Does the discharge of seminal fluid necessitate ghusl in all circumstances?
The term seminal fluid is ambiguous. There are three types of such fluid which is released—mathi, mani and wadi. Mani is the semen which is released when orgasm (climax) is attained during sexual relations. After the release of mani, sexual gratification has been attained. This mani necessitates ghusl. The fluid which is released while sexual lust is in the process of building up is called mathi. Wadi is a urine-like fluid which is caused by some ailment. Matni and Wadi break wudhu and the affected parts should be washed. But ghusl is not necessary. Back to top
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· What is the difference between Samaa' and Jannat?
Samaa'(plural samaawaat). Samaawaat are the seven heavens. These are solid objects, worlds or whatever one may call them. These heavens are inhabited by the Malaaikah and whatever other creatures Allah Ta'ala may have created and allowed to live there. Jannat (Paradise) is the Abode which is for Muslims to live in forever after the disappearance of this world in which we are presently living. Jannat is high above the seven heavens. These are different abodes. Back to top
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· Muslim bookshops generally sell all types of Islamic books. Books of deviates, of Shiahs, Qadianis, Ghair Muqallideen and the baatil commentary of Yusuf Ali, etc. are sold. Is it permissible to sell such books?
It is haraam to sell books which propagate kufr. Such books ruin the Imaan of ignorant and unsuspecting Muslims. The earnings derived from the sale of such books are not permissible. Back to top
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· What is the position of a man who says that the nude women appearing on television are "good"? He praises these immoral pictures.
Praising immorality and whatever Allah Ta'ala has made haraam is kufr. This man has lost his Imaan as a consequence of praising immorality and implying thereby its permissibility. Back to top
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· A man denies the importance of the beard. He claims that it is not necessary to keep a beard. What is his position according to the Shariah?
Such a claim renders him a murtadd. Keeping a beard is compulsory. Back to top
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· If there is space in the front saff, will it be permissible for a musalli to stand alone behind?
He has to occupy the space in the front saff. It is not permissible for him to stand alone behind the saff. Back to top
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· If a person forgets to sit in Tashahhud in the second raka't of a two raka't Sunnat Salaat such as the two Sunnats of Zuhr, what should he do if he is already in qiyaam (standing)?
As long as he has not completed the third raka't with Sajdah, he should sit down and after Attahiyaat perform Sajdah Sahw and complete the Salaat as usual. If he has completed the third raka't, he should add another raka't, making it four. In this case too he should make Sajdah Sahw. All four raka'ts will become Nafl. He should repeat his two raka'ts Sunnatul Muakkadah. Back to top
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· If a person dies on a Friday but is buried after Maghrib (Saturday night according to Islam), will the mayyit obtain the same virtues of Friday?
Insha' Allah, the same virtues will be obtained. The virtues are for the one who dies on a Friday irrespective of the occasion of burial and even if the body is not buried. Back to top
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· The second Sajdah Tilaawat in Surah Hajj is for Shaafis. Is it permissible for a Hanafi to make Sajdah when this aayat is recited?
It is permissible. Back to top
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· Are the Afghanis who had fought against the Taalibaan on the side of the kuffaar, murtadds?
No, they are not murtadds. Fighting against Muslims is a heinous crime, but it is not irtidaad. They remain Muslims. Back to top
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· The Qur'aan proclaims the meat of the Ahl-e-Kitaab (People of the Book) halaal. In view of this, will it be correct to claim that all kosher meat and products are halaal?
In fact all meat and products certified as `halaal' by even Muslim organisations today are not necessarily halaal. How can we then say that all products certified `kosher' or halaal by the Yahood of today are halaal? Even `halaal' certification is motivated by percuniary concerns. What about the kuffaar's motives? Numerous `halaal' certified products were proven to be haraam. In this matter even learned men are careless in this day. It is incumbent to abstain from all meat products sold by non-Muslims regardless of whose and what halaal and kosher certification is displayed. Back to top
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· Regarding celeberation of Rasulullah's birthday, the supporters of this custom say: "We say that the celebration of the Prophet's Mawlid must be on the 12th of Rabiul Awwal, in order for people to feel the light of Islam and the light of the Shariah in their hearts." Is this a valid argument for the practice of meelaad?
Anyone with some intelligence and understanding , provided he has no bias, will have to concede the utter stupidity of this argument. Every averment made in this statement is baseless. Who and on what Shar'i authority has observance of meelaad become a "must" on 12th Rabiul Awwal or on any other date? When Rasulullah (sallallahu alayhi wasallam) himself did not teach this "must", nor did any of the Sahaabah observe this bid'ah custom, then by what stretch of Islamic reasoning can it be accepted that this innovation should not only be tolerated, but considered a waajib custom as is evident from the term "must" which the bid'atis use? Bid'ah is precisely the imposition of a practice which has no origin in Islam. The "light of Islam" cannot be felt and experienced by observing all the drivel accompanying these bid'ah functions. The "Light of Islam" is felt only by practising the teachings of Islam; by observing the Sunnah of Rasulullah (sallallahu alayhi wasallam). The "Light of Islam" cannot be experienced by dagga-smoking qawwaals and grave-worshippers who sing the praises of the Nabi (sallallahu alayhi wasallam) while acting in diametric conflict with his Sunnah.
People who worship graves, smoke dagga at the gravesides of the `peers' and sing the whole night songs of praise, but just before the Athaan for Fajr is sounded, they flee like shayaateen into their beds, cannot know what the "light of Islam" is. It is a salient feature of the Ahl-e-Bid'ah and the meelaad clique that they are always bereft of piety. They are devoid of the Sunnah. They do not follow the Sunnah, but they boisterously and vociferously shout slogans of `Hubb-e-Rasool (Love of the Rasool). If such enemies of the Sunnah are born again, they will not understand the meaning of Love for the Rasool). Only those who follow the Sunnah meticulously understand what is meant by love for Rasulullah (sallallahu alayhi wasallam), hence the Sunnah of Rasulullah (sallallahu alayhi wasallam) can be observed in their everyday life and in every department of life. Back to top
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· An agreement of sale between two persons for a house has been made. The buyer makes an advance payment of an amount and agrees to pay the balance within three months. Thereafter transfer of the house will be arranged. However, the buyer fails to meet his obligation and the three months have lapsed. The buyer requests that the deposit be returned to him since he is unable to raise the cash to pay the balance of the purchase price. The seller refuses to refund the deposit and insists that the advance payment has been forfeited. What is the Shariah's ruling? Both seller and buyer are Muslims.
According to the Shariah, the deposit has to be compulsorily refunded. The seller has no right to retain the deposit. Back to top
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· Is it permissible for a Muslim worker to accept wages which his employer pays with haraam money, e.g. money won by gambling? The worker works in a lawful capacity, for example, he is a driver doing only halaal work. At the end of the day, the employer wants to pay the wages with haraam money.
It is not permissible for the worker to accept his wages if paid with haraam money. He should remonstrate with his employer and insist on being paid with halaal money. One should not work for a person who deals in haraam. Back to top
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· Is it permissible to sell lawful items such as brown bread, brown sugar and malt when it is known that these items are being bought to brew liquor?
It is not permissible to sell any items to anyone if it is known that the purpose is for committing haraam. Back to top
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· What is the Shariah's ruling pertaining to the registration of copyrights to prevent others from publishing the book?
Copyright is not permissible. Back to top
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· Is it permissible to sell the same type of merchandise to different people at different prices?
It is permissible. Back to top
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· I am a young woman at university. I want to get married to a pious man who is among our relatives. But my parents insist that I should complete my university career first, then talk about marriage. I am fearful of being involved in sin. I am of the opinion that it is unjust and un-Islamic for my parents to insist that I wait for several years and first complete my university career. In fact, I have come to understand the immorality of university life and I want to get out of it. Is it permissible to have my nikah performed without the consent of my parents?
In the circumstances, if the man you wish to marry is an uprighteous Muslim, then you may get married without the consent of your parents. Your parents are behaving extremely childishly and unislamically. They have no regard for yourDeeni well-being. It is haraam for females to attend university. Universities are beds of vice as you have observed. It is perfectly permissible, in fact Waajib, for girls to refuse to attend university even if their parents pressurize them. Back to top
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· What should one do if one sees a jinn, ghost or something of this nature?
According to the Hadith, one should recite the Athaan loudly. Insha'Allah, the evil apparition will take flight. Aayatul Kursi should also be repeatedly recited. Back to top
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· I suffer from frequent nocturnal emission (ihtilaam). Is there any remedy for this?
Before retiring to bed, recite Surah Nooh. Back to top
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· My vehicle was taken without my permission by an acquaintence and used for a couple of days in my absence. I am claiming from him an amount which is equal to the rental which is usually charged for such a vehicle. I have been told that this is not permissible. Am I allowed by the Shariah to claim?
The act of taking another's property without his consent is called Ghasab in the Shariah. Ghasab is a major sin. However, it is not permissible for the owner to claim monetary compensation for the use of the item by the usurper. You are therefore not allowed by the Shariah to claim from the usurper. However, if the vehicle is damaged, then the usurper has to compensate for the damage. Back to top
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· Throughout the month of Ramadhaan a man was in a coma. He regained conciousness after Ramadhaan. What is the law regarding the fasts which he had missed?
If he was unconcious the entire month, then the Ramadhaan obligation is waived. He need not make qadha of the missed fasts. If, however, a person becomes unconcious or goes into a coma during the month of Ramadhaan, then he has to make qadha of the fasts he had missed. Back to top
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· Is it permissible for a 50 year old lady to go on a journey in the company of her 20 year old cousin?
A cousin is not a mahram. It is haraam for this woman to travel with her cousin regardless of the 30 year age gap. Back to top
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· While fasting during Ramadhaan if haidh begins, will it be permissible to eat?
It will be permissible to eat. However, one should not eat in the presence of others. Back to top
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· A Muslim wishes to purchase a vehicle but does not have the funds for it. Will it be permissible for me to buy the vehicle, add 20% to the purchase price, then sell the vehicle to him on terms. He will pay in monthly instalments for a period of five years.
It is permissible. You may arrange a mutual price. The percentage profit is of no consequence. The price should be mutually agreed and fixed. You may sell the vehicle on terms. Back to top
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· Digital cameras are now superseding regular cameras. The digital cameras take pictures but transfer the image to the computer screen where it can be viewed or saved onto a hard disk or burnt onto CD-ROM. Are such pictures permissible?
Pictures of animate objectes are haraam regardless of the method of production. There is a variety of ways of producing pictures. The methods of production are not haraam. The end product will be haraam if the Shariah prohibits it. If the end product of this computer method or any other method still to be invented, is a picture of an animate object, then it will be haraam. Pictures of people and animals are haraam whether the pictures are drawn with a pen, a brush, produced by regular camers, digital cameras or any other method whatsoever. Back to top
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· Is a divorce granted by non-Muslim court legal in Islam? Is it permissible for this woman to marry another man?
The divorce of a non-Muslim court is not valid in the Shariah. The woman remains in the nikah of her husband. Marriage to another man is simply not valid. Back to top
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· Someone claims that it is not permissible to use red ink. He claims that red ink is used in books of sihr (magic). The use of red ink kills compassion and obliterates the Noor of Allah from the heart. Is there any truth in this?
Even if we have to accept that books of sihr are written with red ink, then too it cannot be said that red ink is haraam because saahireen (sorcerers) use it. If it has to be haraam on this account, then it will follow that writing on paper too is haraam because sihr is written on paper as well. Then the saahireen use a variety of objects to perpetrate their evil of sihr. Does this mean that everything —every item a saahir uses becomes haraam? According to the Shariah it is permissible to use red ink. Back to top
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· What is the difference between a Musjid and an Ibaadat Khaanah (Jamaat Khaanah)?
There are several differences. A Musjid has to be compulsorily Waqf, not so an Ibaadat Khaanah. An Ibaadat Khaabah may be Waqf or private property. The space below a Musjid, as far as it goes down into the bowels of the earth, is also the Musjid. In the same way, the space above the Musjid as far as the heaven, is the Musjid. The Masnoon Dua is recited when entering a Musjid, not an Ibaadat Khaanah. Tahyatul Musjid Salaat is performed only in a Musjid, not in an Ibaadat Khaanah. I'tikaaf is valid in only a Musjid, not in an ibaadat khaanah. Entering the Musjid without wudhu is not permissible whereas this is permissible in regard to the ibaadat khaanah. Back to top
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· If someone makes Salaam to one while one is reciting the Qur'aan Shareef, is it compulsory to respond?
Firstly, it is Makrooh to make Salaam to a person who is reciting the Qur'aan Shareef or is engaged in any ibaadat or is eating. It is not waajib to respond to the Salaam. Back to top
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· Does a stepmother have any rights over her step-children?
Yes, she does have rights over them. They have to respect and honour her as if she is their own mother and she is their responsibility in the absence of their father. Back to top
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· In some quarters there is the custom of people gathering to recite Surah Yaaseen 41 times. Thereafter a dua is made. This is done specially when a calamity befalls. Is this based on the Sunnat?
No, it is not based on the Sunnat. The most efficacious way is to adhere to the methods of the Sunnah. Rasulullah (sallallahu alayhi wasallam) said that Dua is readily acceptable after Fardh Salaat, at the time of Tahajjud, after the four raka'ts Sunnats of Zuhr and on other auspicious occasions. Since people are not contented with the methods of Rasulullah (sallallahu alayhi wasallam), they diverge into other paths. They cling to a practice which perhaps some buzrug had initiated with his mureedeen for some specific reason. They accord greater preference to such practices than to the Sunnat of Rasulullah (sallallahu alayhi wasallam). They imply a vote of no confidence in the methods of the Sunnah. What hope can there be of acceptance of dua which pushes aside the Masnoon tareeqah? The Qur'aan Majeed says: "And, only the people of intelligence take lesson." Back to top
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· Some learned people say that it is permissible for women to cut their hair. Please comment.
Some learned people also say that pictures of animate objects are permissible; television is permissible, haraam meat of the kuffaar is permissible; dressing like the kuffaar is permissible. Some learned men proclaim many haraam things to be permissible. In fact, some learned men, even so-called muftis of this age, actively propagate against Taqwa. They say that this is not an age of taqwa, thereby opening up the avenue of haraam and implying the abrogation of Rasulullah's warning against participation in doubtful things. Do not heed what these modern and liberal and tin-topped or plastic `mujtahids' of this age say. They do not know whether they are coming or going. They are squint-eyed and look at the Shariah and its ahkaam with oblique vision. Imaam Ghazaali (rahmatullah alayh) said that total blindness is better than the oblique vision of a squint-eyed man. May Allah Ta'ala save the Ummah from the glut of ulama-e-soo' which proliferate the Ummah. It is haraam for women to cut their hair. It is a kabeerah sin for them to cut their hair. The la'nat of Allah and His Malaaikah descends on a woman who imitates the kuffaar and who imitates men by cutting her hair. Back to top
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· In some madrasah classes secular school benches have been placed. During the afternoon, i.e. after secular school, the madrasah pupils also sit on these benches with their copies of the Qur'aan Shareef. Since they sit on these benches, their backs are towards the Qur'aan Shareef. Is this system permissible?
How can it be permissible when the backs of the pupils are towards the Qur'aan Majeed. This kuffaar system is good for secular education, not for teaching the Qur'aan Shareef. It is highly disrespectful and sacrilegious to sit with one's back towards the Qur'aan Shareef. The Madrasah authorities and the Ustaadh are failing in their duty. They all are participants in the crime of dishonouring the Qur'aan Shareef. The Qur'aan Shareef will speak on the Day of Qiyaamah against those who had made it an object of insignificance. Back to top
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· Is it permissible to take back a gift which one gave to someone?
It is not permissible. Rasulullah (sallallahu alayhi wasallam) said that the one who takes back a gift is like a dog which vomits and then licks up its vomit. Back to top
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· It has been said that recitation of Surah Mulk will save one from the questioning in the grave. Is this correct?
Yes, it is true. A person who recites Surah Mulk every night will, Insha'Allah, be saved from the ordeal of Munkar and Nakeer's interrogation. Back to top
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· When a Masbooq joins the Jamaat Salaat during the course of the Imaam's qiraa't, should he recite Thana?
If it is a Sirri (Silent) Salaat, namely, Zuhr and Asr, the Masbooq should recite Thana immediately he joins the Jamaat. Furthermore, when he fulfils the missed raka'ts after the Imaam has ended the Salaat, then the Masbooq should again recite Thana in the first raka't, i.e. the first raka't which he will begin with after the Imaam has completed. Back to top
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· When the Masbooq performs the missed raka'ts of Maghrib, Isha or Fajr, should he recite the qiraa't audibly or silently?
He has the choice to recite it either audibly or silently. If he recites it audibly, it should be in a low voice which is sufficient for him to hear. Back to top
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· A woman has a son of about 35 years of age from a previous marriage. The son has been convicted for fraud. He has also stolen a large sum of money from his stepfather. His character is Islamically immoral. He dealt in liquor which he used to defraud from the wineries. On one occasion he conspired with his mother to take her away from her husband. When the husband was not at home, he surreptitiously came to the house and ran away with his mother. However, the mother, having realised the hardship she had placed herself in, pleaded to be taken back. The husband agreed and she returned home.
In view of the character of the son and the danger he poses, the husband has debarred him from his home. But at the same time he has not debarred his wife from seeing, meeting and spending even the whole day with her son at another venue, namely, at the home of one of the other sons.The woman is up in arms. She claims that her husband is unjust and demands that her son be allowed to come to the house where she lives with her husband. But the husband refuses. She claims that he is in gross violation of the Shariah. She says that if her son is not allowed to visit her in her husband's home, he should give her Talaaq. According to the Shariah is she justified in her claims and demands?
One does not need to be an Aalim or a Mufti or a person with much intelligence to understand the notriety of the woman's claims and demands.
The husband is acting fully with the ambit of the rights which the Shariah has granted him in a situation of this nature. The husband has the full Shar'i right to debar this woman's son from entering his home. His character and acts of fraud and theft are more than sufficient to warrant the action taken by the husband. The woman should be grateful for the kindness of her husband in allowing her to meet her son at her own son's home. Her intransigence, misconduct and rudeness are such vile acts which warrant the descent of Allah's la'nat on her. Her demand for talaaq is haraam and according to the Hadith of Rasulullah (sallallahu alayhi wasallam), such an ungrateful woman will not smell the fragrance of Jannat. She will first have to enter Jahannum to purify herself of her evil, and only after serving her sentence will she enter Jannat, that is, if she died with Imaan. According to the Shariah, if the husband has genuine fear for the bad influence which his wife's relatives may have on her, then he can debar even her parents and her children from her other marriages from coming to his home. Not only this, he has the Shar'i right to prevent his wife from even speaking to them. She cannot claim that it is her right to have her relatives visit her in her husband's home when the husband has valid Shar'i reasons such as are clear in the case of this nature. Back to top
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· A man claims that it is compulsory for Muslim women to cover even their hair and arms in front of non-Muslim women. On the basis of this claim, he compels his wife and daughters to cover their hair when the non-Muslim maid is in the house. The wife detests this. When her husband is present, she covers her hair. But when he is out of the home, she exposes her hair infront of the non-Muslim maid. When the husband discovered this hypocrisy of his wife, he first gave her repeated naseehat. The process of naseehat continued for several years, but the wife did not reform herself. She continued with her hypocritical act. Then the husband refused to eat her food. When this too was of no avail, he would for several days sleep in another room. When this too had no effect, he displayed great anger, scolded the wife and severely reprimanded her for her hypocrisy. But the wife feels that her husband is unjustified in the commotion he creates over something which in her opinion is "insignificant". In short she refuses to accept this mas'alah of the Shariah. Please comment on this state of affairs.
It appears that there is nifaaq (hypocrisy) in this woman's heart. Her claim of this mas'alah being `insignificant' is termed Istikhfaaf in Shar'i terminology, and Istikhfaaf is kufr. A person who commits Istikhfaaf with any of the teachings, beliefs, practices, etc. of the Deen becomes a murtadd forthwith. It is compulsory for Muslim females to conceal their hair and arms when they appear infront of non-Muslim women. The husband is acting within the bounds of the Shariah by displaying annoyance and by even punishing this errant woman who displays kufr. The method of punishment adopted by the husband is in accord with the Qur'aanic instruction of incremental punishment in an endeavour to reform the intransigence of the wife. Thus, the Qur'aan Majeed states:
"And those women whose disobedience (nushooz) you fear, admonish them, and separate (yourselves) from them in bed, and beat them (lightly). Then if they obey you, do not search for a way (of oppression) against them. Verily Allah is Lofty and Great."
(Aayat 34 Surah Nisaa')
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· The Imaam, instead of sitting in the last raka't, went straight into qiyaam from the Sajdah. Despite the `Subhaanallaah' exclamations of the muqtadis, the Imaam continued with the fifth raka't. When he had already commenced the qiraa't, the muqtadis got up from qa'dah and joined the Imaam in the fifth raka't. The Salaat was completed with five raka'ts. But the Imaam did make Sajdah Sahw. Was the Fardh Salaat properly discharged?
No, the Fardh was not discharged. Four raka'ts were Nafl and one raka't had gone wasted. Since the Imaam had omitted Qa'dah Akheerah (the last sitting) which is Fardh, the Fardh Salaat is not valid. The Fardh has to be repeated in this case.If the Fardh was not repeated, then qadha has to be made. In an error of this kind, the muqtadis should not follow the Imaam. They were supposed to have remained seated and wait in expectation of the Imaam realising his error and returning to the Qa'dah of the fourth raka't before making the Sajdah of the fifth raka't. If he realises his error and returns to the Qa'dah before completing the fifth raka't, then the muqtadis will be with him. Sajdah Sahw has to be performed, and the four raka'ts Fardh will be valid. However if the Imaam, instead of returning to the fourth raka't, completes the fifth raka't with Sajdah, then the waiting muqtadis should make Salaam and complete their Salaat. In this case their Fardh will be valid. Back to top
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· Someone performing Umrah forgot to make the two raka'ts Waajib Salaat of Tawaaf. He is still in Makkah. What should he do?
He should perform the two raka'ts. These two raka'ts will be valid even if performed after some time. Back to top
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· Someone bought an Ihraam garb which had metal fasteners. However, he did not use the fasteners. He donned the ihraam the proper way. Does he have to give some sort of Sadqah for such an ihraam?
No, there is no compulsory Sadqah to give. It is makrooh to tie the ihram sheet with fasteners or pins. Back to top
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· Is it permissible to perm the hair, i.e. to make curly hair straight or to curl straight hair?
It is not permissible to perm hair. Women should learn to accept their hair and looks the way Allah Ta'ala has created them. They should not ruin their morals by emulating the ways of the kuffaar. Back to top
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· I was involved in a relationship with a Hindu girl who had promised to embrace Islam. However, I discovered that she was treacherous. Inspite of elders and friends warning me against this relationship, I was emotionally overwhelmed, hence I ignored all their advice. Finally, she brought false criminal charges against me and I was sentenced to 25 years in jail. Are there any special duas to recite for gaining an early release? Please make special dua for me.
Perhaps the jail sentence is a blessing in disguise. It is also a blessing (ni'mat) of Allah Ta'ala. It is quite possible that you would have lost your Imaan if you had continued the haraam relationship with the idolatrous and treacherous woman. Allah Ta'ala has saved you from her clutches and He has imposed on you the jail sentence as a trial and a punishment. You should repent, recite Istighfaar in abundance, reform yourself, be obdeient to Allah's Shariah and make thikr in abundance. If Allah Ta'ala wills, He will open up the way for your release. In the ultimate end, it is only He Who decrees. No one can thwart His decrees. Some Wazeefahs and Duas will be forwarded to you by post, In- sha'Allah. Young people intoxicated with emotional desires should take lesson and heed the advice of their seniors. Back to top
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· What should one recite when a person is afflicted with jaadoo?
Surah Falaq and Surah Naas were revealed specially to neutralise the effects of sihr (jaadoo/witchcraft/magic). Recite these Surahs much and constantly, and also blow on the affected person after reciting these Surahs. Continue with this and supplicate to Allah Ta'ala to remove the affliction. It is only Allah Ta'ala Who can aid. Back to top
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· In Durban many Musjid notice boards were plastered with posters of the Raihan `Jazz group'. These posters even had the pictures of the singers. Is it not the duty of the Imaam and trustees of the Musjids to prevent this type of defilement of the Musjid?
Undoubtedly, it is the Waajib duty of the Imaam and trustees to prohibit the pasting up of such haraam posters anywhere on Musjid premises even if it happens to be the toilet walls. The Imaam and the trustees who had not taken action to remove these haraam posters, aided in the sin. The Qur'aan Majeed states: "Do not aid one another with transgression and sin." Back to top
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· A man performed Salaat immediately after using exremely foul and abusive language. Someone said that his Salaat is not valid since he was required to have taken wudhu. Is this correct?
Abusive language does not break wudhu. The Salaat is valid. However, it is Mustahab to take wudhu after one has indulged in any evil deed. Back to top
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· Is it compulsory to make ghusl after bathing the mayyit?
After bathing the mayyit(deceased) it is not Waajib to make ghusl. It is Mustahab. Back to top
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· If some of the Tasbeehs are omitted by error in Salaatut Tasbeeh, should Sajdah Sahw be made?
Sajdah Sahw should not be made. The Tasbeehaat which have been missed, should be recited in the next rukn of the Salaat, e.g. if the Tasbeehaat were not recited in Ruku', then these should be recited in Sajdah at the time of reciting these special Tasbeehaat during Sajdah. If the Tasbeehaat are omitted in the second Sajdah, these should be recited in Qiyaam when the Tasbeehaat of the Qiyaam position are recited. Qadha of the omitted Tasbeehaat should not be made in Qaumah, i.e. the short standing after Ruku', nor in Jalsah, i.e. the sitting between two Sajdahs. Back to top
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· What is the ruling regarding the imaamate of a man who insults the Imaams of the four Math-habs?
The Imaan of this man is dangling on a thread. He is a faasiq of the highest and worst order. His imaamate is not permissible. Back to top
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· Should the munfarid recite Takbeers of Salaat, the Tasmiah and the Tahmeed silently or audibly in the Jahri Salaat?
Whether Jahri (Audible) or Sirri (Silent) Salaat, the Munfarid will always recite the Takbeers, Tasmiah (Sami Allaahu liman hamidah) and Tahmeed (Rabbana lakal hamd) silently. (Munfarid is a musalli who performs Salaat) alone.) Back to top
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· A divorced woman claims that according to Islam her ex-husband has to maintain her for the rest of her life. Please comment.
Her claim is the product of kufr mentality. According to the Shariah, the ex-husband is responsible for her maintenance only for the iddat period. Thereafter if he wishes to continue with the maintenance it will be his goodwill and favour. But after expiry of the iddat, she will have absolutely no Shar'i right to demand anything from him. She will then be a strange woman to him just like the multitudes of other women. Back to top
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