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Irshaadul Mulook

TheMajlis.net Questions and Answers Page


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Question
  • A man of unstable mind was pressurized and coerced by family members to divorce his wife. Is the woman divorced?

  • A lady receives one Talaaq during her menses. Thereafter another one during her iddat. A third talaaq was written and given to her after her iddat. Is the third talaaq valid?

  • Is the following Trust valid in the Shariah? The terms of the Trust are: • During my lifetime, my wife and I are the executors. The asset of the trust is our house. • Upon my death, my wife becomes the executor. • Should she remarry or leave the house, she is deprived and will receive nothing. • None of the heirs can ask for any share as long as the remaining spouse is alive. • The trust can be dissolved only on her death and the assets will be shared by the remaining heirs according to the Shariah.

  • A new scheme of selling/leasing residential apartments has been evolved in Saudi Arabia. Foreigners are able to buy/hire apartments in Makkah Muazzamah. The sale/lease of the apartment is for 24 years. The price is approximately a million Saudi riyals. During the course of the 24 years, the buyer may sell the apartment for any sum and make a profit. During the 24 year period it is also possible to change the residential unit for another apartment. The money which one pays procures for one the right to use the apartment for a specified period every year during the 24 year lease period. After 24 years the apartment reverts to the original owner —the one from which it was initially acquired. Is this scheme permissible?

  • Is the new Takafol (Islamic insurance) system permissible?

  • How reliable is the halaal certification of SANHA (South African National Halaal Association)?

  • A woman was telephonically informed by a relative that her husband who at the time was in another country had given her three Talaaqs. Does she have to sit in iddat?

  • Is a talaaq issued over the telephone valid?

  • I had ample time to perform Zuhr Salaat, but delayed it. At about 2 pm my haidh commenced. It was still Zuhr time. Do I have to make qadha of Zuhr?

  • While fasting, haidh begins. Is there qadha for this fast?

  • If haidh begins while engaged in Salaat, what should be done?

  • Is it permissible to bury a Muslim in a non-Muslim graveyard?

  • In Saudi Arabia physical education for girls is banned in schools. Is such a ban based on the Shariah?

  • The press recently reported that there is life in the unborn baby at even 12 weeks (i.e. 84 days). The report states: "Compelling pictures of babies in the womb apparently smiling, crossing their hands, and making walking leg movements appeared in the British newspapers this week (July 2004), prompting calls to review abortion laws. Real time images show a 12 week-old foetus stretching and making kicking movements with its feet…..A 14 to 15 week-old foetus sucks its thumb and yawns….” How does this new discovery impact on Islam’s view that the rooh (soul) enters the foetus on the 120th day. Based on this, the Shariah allows abortion for a valid reason before 120 days. But in the cases mentioned above, not only life has entered the foetus long before 120 days, but the baby is fully formed. Please comment.

  • Is it permissible for Muslim females to wear garments made of denim material?

  • Is it permissible to use a cleaned out wine bottle for drinking water?

  • We are two partners in a business. At the end of the year I calculated the Zakaat payable on our joint assets. Since my partner was on a journey, I paid his Zakaat on his share of the assets as well. On his return he argued that his Zakaat was not discharged. He claims that I should reimburse him from my own money as he will have to pay his own Zakaat. Is he correct?

  • In the Fardh Salaat and the Witr during Ramadhan, the Imaam recites in his first raka’t Surah Feel and in the second raka’t, Surah Maa-oon, leaving out Surah Quraish. Is this correct?

  • Can a Hanafi perform Witr behind a Shaafi Imaam? The Imaam in our Musjid objects if Hanafis perform Witr separately.

  • Please comment on the muraabahah sale offered by the Islamic banks?

  • Is it permissible to employ a non-Muslim female to work in the qabrustaan (cemetery)?

  • Did animals such as dinosaurs exist?

  • A man has numerous Qadha Salaat to perform. Such a person is allowed to perform his Qadha in any order. He will obviously perform the Salaat of the present time without the need to perform Qadha first. What happens if the number of Qadha after some time remains less than five? Does he have to observe tarteeb when performing the Salaat of the time?

  • Please explain the meaning of Fatwa and Taqwa in relation to rulings of the Shariah. I have heard it said that a thing is permissible according to Fatwa, but not according to Taqwa.

  • Is it not a better option to condone the Muslim-operated radio stations despite their many wrongs? Is it not the lesser of the evils? At least there is some goodness in these radio stations. Were it not for these Muslim radios, many Muslims would listen to the non-Muslim radio stations or even watch television. Please comment.

  • Is it permissible to perform Qadha Salaat during Fajr time and after Asr Salaat?

  • Is it permissible to make Sajdah Tilaawat at Makrooh times?

  • Can Janaazah Salaat be performed after Asr Salaat?

  • Is it permissible to give a gift of money to a Haafiz who had performed the Taraaweeh Salaat? The gift will be given to him in privacy after the Qur’aan has been completed on the 27th Night?

  • The deceased is survived by a daughter and her two sons and one daughter; and also by two grandsons (his son’s sons). He leaves no sons. How should his estate be distributed?

  • I pay Zakaat every Ramadhaan. A month before Ramadhan this year I received a large sum of money for a property which I sold. Do I have to pay Zakaat on this amount also this Ramadhan or wait for 12 months to pass?

  • Is it true that it is necessary for a woman to wear her watch on her right hand?

  • A softdrink manufacturer charges R1.50 deposit on a bottle. This is the refund we get for returning the bottles. Can I pay customers R1 for a bottle and make 50 cents profit when giving the bottle to the company?

  • Many aamils claim that they have jinn under their control. These jinn assist them to eliminate the effects of sihr (magic). Could you please comment.

  • Is Taraaweeh Salaat Fardh or Sunnat for females?

  • Under the Group Areas law my father was forced to sell his property to the previous white government. A price far below its market value was paid by the then government. After many years, the present government has adequately compensated us. My father has passed away many years ago. He was survived by four sons, two daughters and a wife who is still alive. One of the sons has subsequently passed away. How should this money be distributed? A Maulana says that since this money is a gift from the government, the Shariah’s laws of inheritance do not apply. It should be shared equally by the heirs of my father. Is this correct?

  • A former very good friend of mine became a murtad. She still occasionally gives me presents —money, clothes, etc. Am I allowed to accept her gifts?

  • The Imaam forgot to recite Dua Qunoot in Witr. He went straight into Ruku’ where he realized his error. He came back into Qiyaam and recited Dua-e-Qunoot. He did make Sajdah Sahw. Is the Salaat proper?

  • A man who frequently makes Sajdah Shukr keeps the palms of his hands open while making dua in the Sajdah position. The back of his hands are on the ground while his palms face upwards. Is this permissible?

  • I sat in I’tikaaf during the last ten days of Ramadhan. On one of these day, I went out of the Musjid thereby nullifying my I’tikaaf. How and when should I make Qadha of my I’tikaaf?

  • I suffered a miscarriage after two months of pregnancy. There was no formation of any human part, only blood was expelled. What is the hukm of this blood? In what state was I?

  • I am performing four raka’ts Nafl Salaat. I forget to sit for Attahiyaat in the second raka’t and remember this omission while reciting qira’at in the third raka’t. What is to be done in this case?

  • I am happily married and have two children. I often think of a man whom I had intended to marry before I was married to my husband. Are such thoughts sinful?

  • At our Musjid before the Muath-thin starts the Athaan, he recites the aayat, "Innallaaha wa malaaikatahu…." Is this part of the Athaan procedure?

  • In our Musjid during Lailatul Bara’ah (15th Sha’baan) we recite 3 Surah Yaaseen collectively after Maghrib, and when we come to the aayat “Salaamun Qoulam…” and also the last aayat of Surah Yaaseen, we repeat these thrice. Is this a valid practice?

  • Many Muslim men nowadays do not wear any form of Islamic headgear when they come to the Musjid for Salaat. What is the ruling of the Shariah?

  • We dispose of papers on which the names of Allah Ta’ala and Rasulullah (sallallahu alayhi wasallam) are written in English. These papers are thrown into the dirtbin. Is this permissible?

  • In our Musjid a few brothers sit after Fajr to read a Hadith and then recite Surah Yaaseen collectively. Is this permissible?

  • A Muslim brother borrowed some lengths of timber from the Musjid with the permission of the Musjid committee when he was building his home. For some reason he wants to pay for the timber and retain it. He does not wish to return the timber. Is this permissible?

  • Is it permissible to purchase a vehicle from a non-Muslim bank if the installments are fixed and the number of installments is known, e.g. 54 monthly payments of R1000. The installments remain fixed. There are no fluctuations and no further charges. All charges have been included into the price. The effective price of the vehicle is R54,000.

  • Is it permissible to sell such cosmetics which are harmful for the skin?

  • After a man has died, his wife claims that he had made a gift of the house to her. No one is aware of this and the heirs do not accept her claim. What is the ruling?

  • A Muslim woman has married a Hindu man. This man has not accepted Islam and no Nikah was performed. She is living with him for a number of years. She has now applied for a post at an Islamic school. Is it permissible to employ her to teach at the Islamic school?

  • A water cooler has been installed in our Musjid for the benefit of the Musallis. Can the public at large take water from this cooler? Some members of the Muslim community fill their 2 litre containers to drink in their businesses. Is this permissible?

  • I intend to marry in the near future. I am very worried because this man has a bad past. He had many girlfriends, slept around, is friendly to women and is liable to cheat on me easily. But at the same time I don’t want to lose him? Please guide me with advice?

  • Is it permissible to keep the stuffed heads of animals such as buck in the home?

  • In our town I have undertaken to administer the Qabrustaan. Can I levy a charge for digging the graves, etc. ?

  • The apas (female teachers) in the Madrasah say that it is permissible for girls in the state of haidh to recite the Qur’aan Majeed without touching it. Is this correct?

  • My husband insists that I be sterilized, but I refuse. He says that I am disobedient and am therefore under the curse of Allah Ta’ala. What should I do?

  • Is it permissible for me to take my wife to a jewellery shop to select jewellery for herself?

  • If one forgets to recite Surah Faatihah in the last raka’t of a four raka’t Fardh Salaat, is Sajdah Sahw necessary?

  • A Maulana claims that Rama and Krishna were Prophets (Nabis). Please comment.

  • I was involved in an accident with another car. It was my fault. I offered to have the car repaired. One panelbeater quoted R2000 to repair the vehicle while another one quoted R4500. The owner of the car refuses to have the car repaired by any of the two panelbeaters. He demands that I pay him R4500.

  • Is it permissible to invest money to gain interest to pay income tax? Nowadays the tax is exhorbitant.

  • How should a new Muslim perform Salaat? It will take some time for him to memorize Surahs, Tashahhud, etc.

  • Is there greater merit in walking during Hajj or riding in a vehicle?

  • Is it permissible for a Muslim school to introduce singing of the national anthem of the country?

  • A Maulana invites the SABC-TV to the Musjid to record his speeches for broadcasting on the TV programme called ‘Issues of Faith’. Is it permissible to perform Salaat behind such a Maulana?

  • My wife participates in thikr which is held by a Maulana in a Madrasah hall. She attends these thikr gatherings inspite of my refusal. She flouts me openly and drives in her car to the ladies thikr program which the Maulana conducts. The Maulana is aware that she attends without my consent. Is it permissible for her to attend?

  • The girl whom my parents wish me to marry lives in another country I have not seen her nor has she seen me. Is it permissible to exchange photos for this purpose?

  • Please explain the rights which my non-Muslim parents have over me. I am a Muslim female.

  • I am a representative for a manufacturer. It has become difficult to get orders from wholesalers and big retailers without bribing the company’s buyer who is an employee. If he is not given a bribe, he will not place an order with you. If you go to his boss for an order, he sends you to his buyer. This has become a widespread practice. One Maulana says that when a practice becomes widespread, then according to the Shariah’s principle of ‘urf’, it becomes permissible. Is his fatwa correct?

  • Whose responsibility is it to maintain an unmarried adult female who has no source of income?


    Answer
    ·  A man of unstable mind was pressurized and coerced by family members to divorce
    his wife. Is the woman divorced?

    As long as the man is not insane, the divorce is valid. Instability of mind is not insanity. Surely he must be going about his daily life like a sane person. If he had issued three Talaaqs, the divorce is final and irrevocable.

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    ·  A lady receives one Talaaq during her menses. Thereafter another one during her iddat. A third talaaq was written and given to her after her iddat. Is the third talaaq valid?

    It is not permissible to issue Talaaq during haidh of the Iddat period. Although Talaaq issued during haidh is also valid, it is not permissible. The best method of Talaaq, is to issue only ONE Talaaq. There is no need to issue a second and a third Talaaq even during the Tuhr periods of the Iddat. Even if it is the man’s intention to finally terminate the marriage, the one Talaaq achieves that aim. After expiry of the iddat (of three haidhs), the Talaaq is irrevocable and the woman is free to marry someone else. There is, therefore, no need to issue more than one Talaaq.

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    ·  Is the following Trust valid in the Shariah? The terms of the Trust are:
    • During my lifetime, my wife and I are the executors. The asset of the trust is our house.
    • Upon my death, my wife becomes the executor.
    • Should she remarry or leave the house, she is deprived and will receive nothing.
    • None of the heirs can ask for any share as long as the remaining spouse is
    alive.
    • The trust can be dissolved only on her death and the assets will be shared by
    the remaining heirs according to the Shariah.

    The formation of such a trust is haraam. Every stipulation in this trust is haraam. On the death of a person, his/her heirs are entitled to immediately claim their Shar’i shares. No heir may be deprived of his/her share.

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    ·  A new scheme of selling/leasing residential apartments has been evolved in Saudi Arabia. Foreigners are able to buy/hire apartments in Makkah Muazzamah. The sale/lease of the apartment is for 24 years. The price is approximately a million Saudi riyals. During the course of the 24 years, the buyer may sell the apartment for any sum and make a profit. During the 24 year period it is also possible to change the residential unit for another apartment. The money
    which one pays procures for one the right to use the apartment for a specified period every year during the 24 year lease period. After 24 years the apartment reverts to the original owner —the one from which it was initially acquired. Is this scheme permissible?

    This scheme is not a sale in terms of the Shariah. It is a corrupt leasing agreement which is not permissible. It is not permissible to acquire an apartment in this manner.

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    ·  Is the new Takafol (Islamic insurance) system permissible?

    There is no such thing as ‘Islamic insurance’. ‘Takafol’ is a riba product devised by Muslim capitalists. An attempt is being made to pass off this riba-qimaar (interest and gambling) product as halaal by the deceptive use of
    Muslim-sounding terminology. ‘Takafol’ is just as haraam as conventional non-Muslim insurance. In fact, ‘Takafol’ is conventional non-Muslim insurance.

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    ·  How reliable is the halaal certification of SANHA (South African National Halaal Association)?

    None of these commercial firms trading in the accursed ‘halaal’ certification business is reliable in terms of the Shariah. Whether it be SANHA, MJC, Jamiat, etc., never purchase any meat products on the basis of their certification.

    These organizations have destroyed the natural Imaani resistance and aversion which the masses once had for haraam food. These commercialized organizations who vie with one another in the haraam ‘halaal’ certificate trade have made Muslim masses to become accustomed to buy meat from non-Muslims.

    They do not have the moral and spiritual interests of the Ummah at heart. They have their own worldly, nafsaani and pecuniary agendas to serve. Their ‘halaal’ certificate trade is mal-oon (accursed). They have constrained thousands of Muslims to eat haraam meat and chickens. They are responsible for much of the deficiencies which exist in the Imaan of Muslims. The flood of haraam ‘halaal’ certificates has opened up the destructive avenue of haraam consumption
    which destroys all vestiges of Taqwa.

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    ·  A woman was telephonically informed by a relative that her husband who at the time was in another country had given her three Talaaqs. Does she have to sit in iddat?

    It is necessary to gain confirmation of the Talaaq from the husband. If this is not possible for some reason and the relative is a reliable, honest, trustworthy and responsible man, then she may accept the information as correct, and begin her iddat.

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    ·  Is a talaaq issued over the telephone valid?

    It is valid.

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    ·  I had ample time to perform Zuhr Salaat, but delayed it. At about 2 pm my haidh commenced. It was still Zuhr time. Do I have to make qadha of Zuhr?

    There is no qadha for this Zuhr even if you had ample time before haidh.

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    ·  While fasting, haidh begins. Is there qadha for this fast?

    If haidh began after half the fast was kept, i.e. half the day or more, then qadha has to be kept otherwise not.

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    ·  If haidh begins while engaged in Salaat, what should be done?

    Discontinue the Salaat. If it is a Fardh Salaat, there is no qadha for it. If it is Sunnat or Nafl, qadhaa has to be made.

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    ·  Is it permissible to bury a Muslim in a non-Muslim graveyard?

    It is not permissible. The prohibition is obvious. It is even prohibited for a kaafir to assist with the burial of his Muslim relative. The authoritative
    Kitaab, Badaaius Sanaa’ says in this regard:

    “It is Makrooh (i.e. reprehensible, not permissible) for a kaafir to enter the grave of his Mu’min relative because the Wrath and Curse (of Allah) settle on the place where a kaafir is. Hence, the grave of a Muslim should be saved
    from these (calamities).”


    To save a Muslim from the Wrath and Curse of Allah Ta’ala he/she should never be buried in the graveyard of the kuffaar.

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    ·  In Saudi Arabia physical education for girls is banned in schools. Is such a ban based on the Shariah?

    Let alone public physical ‘education’, even their very going to school is banned by the Qur’aan and Hadith. Saudi Arabia is not an Islamic state. It has a smattering of laws of the Shariah. But this does not make it an Islamic
    State. Lewdness and immorality, once absent from Arabia, are on the rise. As the Shariah is eroded, so does immorality increase.

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    ·  The press recently reported that there is life in the unborn baby at even 12 weeks (i.e. 84 days). The report states: "Compelling pictures of babies in the womb apparently smiling, crossing their hands, and making walking leg movements appeared in the British newspapers this week (July 2004), prompting calls to review abortion laws. Real time images show a 12 week-old foetus stretching and making kicking movements with its feet…..A 14 to 15 week-old foetus sucks its thumb and yawns….”

    How does this new discovery impact on Islam’s view that the rooh (soul) enters the foetus on the 120th day. Based on this, the Shariah allows abortion for a valid reason before 120 days. But in the cases mentioned above, not only life has entered the foetus long before 120 days, but the baby is fully formed. Please comment.

    The entry of the Rooh on the 120th day is established on the basis of Saheeh Hadith. There is no doubt in this fact. It is Mansoos Alayh (i.e. on which exists categoric proof of either the Qur’aan or Saheeh Hadith). Secondly, it should be understood that every rule has exceptions. Nabi Isaa (alayhis salaam) spoke from the womb of his mother, i.e. before birth. This is an exceptional case. Hadhrat Maryam (alayhas salaam) miraculously conceived Hadhrat Isaa (alayhis salaam) without the normal worldly agency of reproduction. This is also an exception to the rule. If the soul has in reality entered the 84 day old foetus, at most it can be argued that it is an exception to the rule. Allah Ta’ala is not bound by laws and rules which are meant for human beings.

    Furthermore, there is no qat-iyyat (absolute certitude) in a claim that the rooh has indeed entered the 12 week-old foetus. The movements of the foetus cannot be attributed with absolute certitude to a rooh which has entered it. It is quite possible that the movements of the 12 week-old foetus are the consequences of the Rooh of the mother just as the movements and activities of the heart, lungs and all bodily organs without their own souls are the consequences of the Soul of the being in whom these organs exist. The numerous
    organs in the human body are without independent souls, but they have their
    movements and functions which they execute. For their activities they are dependent on the Rooh of the person. Similarly, it is quite possible that in certain cases the Rooh of the mother exercises an influence on the soulless foetus in the same way as her Rooh impacts on her other bodily organs. The
    mother herself smiles, walks, sits and make all types of movements. Her internal organs have their own forms of respective movement. All these movements, both inward and outward, are the consequences of the action
    of the Rooh. There is no rational argument to refute a contention that the mother’s Rooh influences her foetus just as it activates all her other bodily organs. After all, the foetus is part of her body. It is attached to her. Her
    Rooh physically nourishes, sustains and develops her foetus through the intermediary of numerous organs. This contention, namely, the movements of the foetus are the effects of the action of its mother’s Rooh, is therefore not far-fetched, leave alone it being a rational impossibility.

    Whether the movements of the 12 weekold foetus are the voluntary and conscious
    effects of its own rooh or the mechanical consequences of the action of the mother’s Rooh in the same way as all her other organs react to the Rooh, are not known and cannot be established by this latest discovery. Professor
    Campell who made the pictures of the foetus observed: “What’s behind the smile, of course, I can’t say, but the corners turn up and the cheeks bulge.” The ‘turning of the corners’ and the bulging of the cheeks are not absolute evidence for conscious smiling or voluntary smiling. The smile-like movement could be an involuntary reaction to some assertion of the mother’s Rooh or the action of some of her bodily organs.

    The latest discovery may just be a discovery of what is common to all foetuses prior to 120 days. This particular 12 week-old foetus may not be an exception. Other foetuses of this age and less may also be behaving in a similar way. The new technique of technology has enabled the professor to make his pictures. These images are not discernible with the techniques hitherto employed. Hence the report says: “Campbell made the pictures in 3D-4D, a new technique in existence since 2001 with photos in three dimension with video animation enabling study of foetus movements in real time.” The information which the new technique has brought to light might be common to all foetuses of less than 120 days. If this could be ascertained, it will confirm that the movements are the effects of the mother’s Rooh and organs.

    Furthermore, the Hadith of 120 days is not related to abortion. The ruling of the Shariah on abortion is:

    • Abortion is haraam if any human form, eg. finger, hand, etc., has developed
    regardless of any reason. No reason is considered valid for abortion if any human form has developed.

    • If no form has developed, the foetus being only a clot, then if there is a valid Shar’i reason, abortion is permissible prior to 120 days.

    • Under no circumstances is abortion permissible if life is discerned by any means whatsoever, and be it prior to 120 days. Consider the example of a pregnant woman having died. If signs of life are detected in the foetus, it is Waajib to operate and remove the baby regardless of the age of the pregnancy. The principle is the existence of life, not the Hadith which mentions that the Rooh enters on the 120th day. It is quite possible that Allah Ta’ala decrees the infusion of rooh into the foetus even before 120 days. And Allah knows
    best.

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    ·  Is it permissible for Muslim females to wear garments made of denim material?

    Since denims are part of the kuffaar cult symbolizing fisq and fujoor (evil and immorality), it is not permissible for even Muslim males to wear such garments.

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    ·  Is it permissible to use a cleaned out wine bottle for drinking water?

    Although an impure bottle/utensil becomes taahir/paak (clean) by thorough washing, a Muslim’s Imaani disposition repels such items. Only a spiritually corroded heart can tolerate drinking water from such a bottle. If you are
    aware that a bottle was filled with urine or faeces, will you drink water from it after it is cleansed?

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    ·  We are two partners in a business. At the end of the year I calculated the Zakaat payable on our joint assets. Since my partner was on a journey, I paid his Zakaat on his share of the assets as well. On his return he argued that his Zakaat was not discharged. He claims that I should reimburse him from
    my own money as he will have to pay his own Zakaat. Is he correct?

    Yes, he is correct. You required his permission before paying his Zakaat. He has to incumbently pay his Zakaat. You have to reimburse him. Whatever you had given as ‘Zakaat’ on his behalf will be a Nafl Sadqah for you.

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    ·  In the Fardh Salaat and the Witr during Ramadhan, the Imaam recites in his first raka’t Surah Feel and in the second raka’t, Surah Maa-oon, leaving out Surah Quraish. Is this correct?

    It is Makrooh to omit a short Surah in Salaat. Although the Salaat is valid, the Imaam should not commit this omission. After Surah Feel he should recite Surah Quraish.

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    ·  Can a Hanafi perform Witr behind a Shaafi Imaam? The Imaam in our Musjid
    objects if Hanafis perform Witr separately.

    A Hanafi’s Witr behind a Shaafi is not valid because the performance of one raka’t separately is not valid in the Hanafi Math-hab, and also because according to the Shaafi Math-hab, Witr is Sunnat while Waajib according to the
    Hanafi Math-hab. It is not permissible for Hanafis to follow an Imaam who leads a Salaat of a lesser category. Since the Imaam is ignorant of the rules of the Shariah, he objects. To avoid a stupid confrontation with the Imaam,
    Hanafis should perform their Witr elsewhere.

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    ·  Please comment on the muraabahah sale offered by the Islamic banks?

    There are no Islamic banks to the best of our knowledge in South Africa. Being Muslimowned is not sufficient for the bank to be termed ‘Islamic’ in the same way as a Muslimowned bottlestore or casino cannot be termed ‘Islamic’. These banks utilize Islamic terminology to conceal the true nature of their activities.

    Their muraabahah sales are not proper Shar’i Muraabahah transactions. Contrary to their claims, they do not buy anything nor sell anything. They trade in money. They advance loans and charge riba which they term ‘profit’. It is not permissible to deal with these Muslim banks who intransigently refuse to rectify their dealings to conform to the Shariah. They resort to baseless interpretations to legalize their riba. The claim of muraabahah is misleading and deceptive.

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    ·  Is it permissible to employ a non-Muslim female to work in the qabrustaan
    (cemetery)?

    It is not permissible for women to even visit the qabrustan. To a greater degree will the prohibition apply to them working there. Whether the women are Muslim or non-Muslim it is not permissible.

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    ·  Did animals such as dinosaurs exist?

    Allah Ta’ala Alone knows whether such animals existed or not. The fossil fiction and fraud of kuffaar scientists is not evidence for such claims. It is quite possible that such animals existed. But this has no relationship with Imaan and Deen. There is no incumbency to accept or deny the existence of such animals.

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    ·  A man has numerous Qadha Salaat to perform. Such a person is allowed to perform
    his Qadha in any order. He will obviously perform the Salaat of the present time without the need to perform Qadha first. What happens if the number of Qadha after some time remains less than five? Does he have to observe tarteeb when performing the Salaat of the time?

    This person does not revert to being a Saahib-e-Tarteeb as long as he has not completed all his Qadha Salaat. Only after he has completed all the Qadha Salaat, if again he misses one, two, three, four or five Salaat, will it not
    be permissible for him to perform the Adaa Salaat (i.e.Salaat of the present time) until he has not yet performed his Qadha. He will first have to perform the Qadha Salaat in proper order, i.e. first Fajr, then Zuhr, then Asr, etc. Only then may he perform his Adaa Salaat. However, if the time left for the Adaa Salaat is so less that the Adaa Salaat too will become Qadha if he engages in Qadha, then he has to perform the Adaa Salaat first.

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    ·  Please explain the meaning of Fatwa and Taqwa in relation to rulings of the Shariah. I have heard it said that a thing is permissible according to Fatwa, but not according to Taqwa.

    If something is permissible according to the Shariah, it is lawful. It is not haraam. However, sometimes there may be a doubt in the permissibility. But for lack of absolute Shar’i evidence, it cannot be proclaimed haraam. So while it is proclaimed permissible, men of Taqwa will abstain from it on account of the doubt. However, in the present age the Fatwa-Taqwa issue is grossly misused.

    Things which are haraam on the basis of Shar’i proofs are regarded as permissible on the basis of nafsaani desire. Many muftis nowadays proclaim a haraam act/item as halaal because of their own nafsaani indulgence and participation in the item/act. They lack Shar’i arguments for their erroneous fatwas, hence they mislead people by saying that those Ulama who maintain the hurmat (prohibition) of the act are acting in terms of Taqwa. This is highly erroneous, in fact false and misleading. It is not permissible to brand something haraam on the basis of personal Taqwa which cannot be imposed on the masses. Taqwa is an incumbent state which is Waajib on every Muslim to cultivate.

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    ·  Is it not a better option to condone the Muslim-operated radio stations despite their many wrongs? Is it not the lesser of the evils? At least there is some goodness in these radio stations. Were it not for these Muslim radios, many Muslims would listen to the non-Muslim radio stations or even watch television. Please comment.

    The principle of the lesser evils has been grossly misunderstood. This principle operates only when there is no third lawful alternative. If a man is on the verge of death due to starvation, he is allowed to consume sufficient
    haraam food to save himself only if there is absolutely no halaal food available. But if there is a third lawful option, then the principle of the lesser of the two evils does not apply. In the matter of these shaitaani radio stations, the third available alternative is a Waajib (compulsory) one. And that is Abstention.

    In otherwords, it is Waajib to refrain from listening to these evil radios which not only make a mockery of the Deen, but actively foster fisq and fujoor (evil and immorality). Thus, it is seen that they allow modernists with kufr beliefs, the Ahl-e-Bid’ah, Shiahs, homosexuals, gays, and sodomists to air their views and to make tableegh of their cults of kufr. Music, simulated music, emulation of the kuffaar, singing nonsensical songs, nafsaani competitions, projecting females and their voices to inflame the nafsaani and carnal passions of males, organizing shaitaani braaivleis functions at which intermingling of sexes takes place, charging haraam fees for participating in haraam functions, etc., etc. are among the evil and haraam activities of these radio stations.

    The harm by far outweighs any semblance of good superficially portrayed by these appendages of Shaitaan. There is absolutely no scope for permissibility to listen to these radios and to support them in any way. The principle of the lesser evil cannot be even remotely applied to the shaitaani radios.

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    ·  Is it permissible to perform Qadha Salaat during Fajr time and after Asr Salaat?

    It is permissible. However, it is not permissible to perform Qadha after Asr when the rays of the sun have cooled down, i.e. close to sunset, perhaps about 15 or 20 minutes before sunset.

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    ·  Is it permissible to make Sajdah Tilaawat at Makrooh times?

    It is not permissible.

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    ·  Can Janaazah Salaat be performed after Asr Salaat?

    It is permissible.

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    ·  Is it permissible to give a gift of money to a Haafiz who had performed the Taraaweeh Salaat? The gift will be given to him in privacy after the Qur’aan has been completed on the 27th Night?

    It is not permissible. This is a bid’ah. Besides it being a bid’ah, it is also trading of the Qur’aan for a miserable price. If the Haafiz Saheb did not recite the Qur’aan, no one would have given him a gift. The gift of money is to compensate him for his Qur’aan recitation, and this is not permissible.

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    ·  The deceased is survived by a daughter and her two sons and one daughter; and also by two grandsons (his son’s sons). He leaves no sons. How should his estate be distributed?

    His daughter inherits one half the estate. The other half will be taken by the two grandsons (son’s sons) and divided equally between them. The daughter’s children do not inherit.

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    ·  I pay Zakaat every Ramadhaan. A month before Ramadhan this year I received a large sum of money for a property which I sold. Do I have to pay Zakaat on this amount also this Ramadhan or wait for 12 months to pass?

    Since you were Maalik-e-Nisaab (the owner of the Zakaat Nisaab) at the time you received the money for the property, you have to pay Zakaat on it this Ramdhan irrespective of having received it only a month before.

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    ·  Is it true that it is necessary for a woman to wear her watch on her right hand?

    She may wear a watch on any hand.

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    ·  A softdrink manufacturer charges R1.50 deposit on a bottle. This is the refund we get for returning the bottles. Can I pay customers R1 for a bottle and make 50 cents profit when giving the bottle to the company?

    The bottle is the property of the company. The company does not sell the bottle. It is not permissible to buy the bottles from people who did not pay the deposit of R1.50. It will be buying stolen property. The people who bring the bottles have either bought them or stolen them. If they have purchased the bottles, proof of some sort is necessary before you give them a refund. If they have no proof of purchase, it means they have stolen the bottles or picked
    them up. Since the bottles are not their property, they may not sell them.

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    ·  Many aamils claim that they have jinn under their control. These jinn assist them to eliminate the effects of sihr (magic). Could you please comment.

    Many of these aamils are fakes and liars. While there are certain amals (acts) by which jinn are subdued and subjugated into service, to do so is haraam. Jinn are free beings in exactly the same way as insaan (human beings) are. Just as it is haraam to enslave human beings, so too is it haraam to enslave jinn. If the aamil (the exociser) is truthful in his claim, he is then guilty of the haraam act of having enslaved a free being.

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    ·  Is Taraaweeh Salaat Fardh or Sunnat for females?

    Taraaweeh Salaat is Sunnatul Muakkdah (almost like Waajib) for both males and females.

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    ·  Under the Group Areas law my father was forced to sell his property to the previous white government. A price far below its market value was paid by the then government. After many years, the present government has adequately compensated us. My father has passed away many years ago. He was survived by four sons, two daughters and a wife who is still alive. One of the sons has subsequently passed away. How should this money be distributed? A Maulana says that since this money is a gift from the government, the Shariah’s laws of inheritance do not apply. It should be shared equally by the heirs of my father. Is this correct?

    It is not correct. The money which was received from the present government is directly related to the property which had belonged to your father. The payment has thus in actual fact been made to your father, hence the Shariah’s Law of Inheritance will apply. Even if we have to assume that the money is a gift from the government, then the argument of equal sharing is devoid of substance. If it is a gift, the questions arise: Who is the owner of the money? To whom is the owner making the gift? If it is argued that the government is the owner, then we shall have to revert to the government for clarification on the issue of the beneficiaries of the gift. And, if it is truly a gift, the Shariah no where orders that equal sharing has to be effected. The gift has to be distributed in accordance with the instructions
    of the donor. It is quite apparent that the government is not making any gift, but is compensating the deceased for his property which was usurped by the previous government. The money is the substitute of an asset which had belonged to the mayyit, hence the mayyit’s heirs will inherit the money in accordance with the Shariah’s Law of Inheritance. His wife gets one eighth. The remaining seven eighths should be divided into 10 equal shares of which each son will get two, and each daughter one share. The share of the deceased son has to be transferred to his heirs.

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    ·  A former very good friend of mine became a murtad. She still occasionally gives
    me presents —money, clothes, etc. Am I allowed to accept her gifts?

    It is not permissible for you to accept the gifts of the murtaddah. All ties should be severed. It is firstly your duty to reason with her and to endeavor to convince her of her grave error. Perhaps she may realize and return to the fold. If she refuses, then you have to harshly sever your ties and have absolutely no association with her.

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    ·  The Imaam forgot to recite Dua Qunoot in Witr. He went straight into Ruku’ where he realized his error. He came back into Qiyaam and recited Dua-e-Qunoot. He did make Sajdah Sahw. Is the Salaat proper?

    The Salaat is valid. However, the Imaam had erred by coming out of Ruku’ to return to Qiyaam for the Qunoot. He should have proceeded and make only Sajdah Sahw.

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    ·  A man who frequently makes Sajdah Shukr keeps the palms of his hands open
    while making dua in the Sajdah position. The back of his hands are on the ground while his palms face upwards. Is this permissible?

    It is not permissible. The hands should be placed in the same way as is done during the Sajdah of Salaat.

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    ·  I sat in I’tikaaf during the last ten days of Ramadhan. On one of these day, I went out of the Musjid thereby nullifying my I’tikaaf. How and when should I make Qadha of my I’tikaaf?

    You have to make qadha of one day. If qadha is being made after Ramadhan, then remember that you have to fast during the Qadha I’tikaaf. Enter the Musjid just before sunset and end the I’tikaaf the next day just after sunset.

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    ·  I suffered a miscarriage after two months of pregnancy. There was no formation of any human part, only blood was expelled. What is the hukm of this blood? In what state was I?

    If prior to this bleeding (miscarriage) there was a 15 day or more tuhr (period of cleanliness, i.e. no bleeding), and the blood of the miscarriage lasted three days or more, then it is haidh. If it lasted more than ten days, then your previous haidh period will apply. In other words, if your previous haidh was 5 days, for example, then 5 days will be your haidh and the rest will be istihaadhah. If the miscarriage blood stopped before three days, then it is istihaadhah, not haidh.

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    ·  I am performing four raka’ts Nafl Salaat. I forget to sit for Attahiyaat in the second raka’t and remember this omission while reciting qira’at in the third raka’t. What is to be done in this case?

    Abandon the third raka’t. Sit and recite Attahiyaat, then rise for the third raka’t. In this case Sajdah Sahw has to be made.

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    ·  I am happily married and have two children. I often think of a man whom I had intended to marry before I was married to my husband. Are such thoughts sinful?

    What doubt can you have in these evil thoughts being sinful? These thoughts are bothering your conscience. Rasulullah (sallallahu alayhi wasallam) said: “Sin is what bothers your conscience.” You are guilty of zina of the
    heart and of treachery. You are treacherous to your husband with whom you are happily married. You are betraying his trust and the trust of your children. Don’t allow the nafs and shaitaan to destroy your purity. These thoughts will
    culminate in greater evil. You are inviting Allah’s Wrath to settle on you. How will you feel if it transpires that your husband is fantasizing about other females? Will you be happy?

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    ·  At our Musjid before the Muath-thin starts the Athaan, he recites the aayat, "Innallaaha wa malaaikatahu…." Is this part of the Athaan procedure?

    It is a bid’ah. It is not permissible for the Muath-thin to adhere to this innovation. It is not part of the Athaan procedure.

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    ·  In our Musjid during Lailatul Bara’ah (15th Sha’baan) we recite 3 Surah Yaaseen
    collectively after Maghrib, and when we come to the aayat “Salaamun Qoulam…” and also the last aayat of Surah Yaaseen, we repeat these thrice. Is this a valid practice?

    The entire practice is bid’ah. To recite Surah Yaaseen in this manner is bid’ah. It is not permissible to participate in this bid’ah custom.

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    ·  Many Muslim men nowadays do not wear any form of Islamic headgear when they come to the Musjid for Salaat. What is the ruling of the Shariah?

    This practice is a style of the kuffaar. It is in conflict with the Sunnah and in emulation of the kuffaar. It is haraam to come to the Musjid without Islamic headgear.

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    ·  We dispose of papers on which the names of Allah Ta’ala and Rasulullah (sallallahu alayhi wasallam) are written in English. These papers are thrown into the dirtbin. Is this permissible?

    No, it is not permissible. To throw such papers into the dirt is sacrilegious. It is to heap disrespect on these Holy Names. The papers should be buried or burnt.

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    ·  In our Musjid a few brothers sit after Fajr to read a Hadith and then recite Surah Yaaseen collectively. Is this permissible?

    It is Sunnat to recite Surah Yaaseen after Fajr Salaat. If by collectively you mean that they recite in unison or in chorus, then such recitation is bid’ah and not permissible. If they recite individually, then it is permissible, in
    fact meritorious.

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    ·  A Muslim brother borrowed some lengths of timber from the Musjid with the
    permission of the Musjid committee when he was building his home. For some reason he wants to pay for the timber and retain it. He does not wish to return the timber. Is this permissible?

    It was not permissible for the Musjid committee to have loaned the timber to him. The proper hiring fee for such timber should have been charged. This brother should now of his own accord make an appropriate contribution to the Musjid. He cannot insist to retain the timber and pay for it. If the timber is redundant and the Musjid has no longer use for it, he can purchase it for a fair price.

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    ·  Is it permissible to purchase a vehicle from a non-Muslim bank if the installments are fixed and the number of installments is known, e.g. 54 monthly payments of R1000. The installments remain fixed. There are no
    fluctuations and no further charges. All charges have been included into the price. The effective price of the vehicle is R54,000.

    If the transaction is exactly as you have portrayed, then it is permissible.

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    ·  Is it permissible to sell such cosmetics which are harmful for the skin?

    It is not permissible.

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    ·  After a man has died, his wife claims that he had made a gift of the house to her. No one is aware of this and the heirs do not accept her claim. What is the ruling?

    If the woman has no valid evidence to prove that her husband had gifted her the house during his lifetime, her claim will not be accepted. In the absence of knowledge and other evidence, the heirs are entitled to refute her claim.
    The house is part of the deceased’s estate.

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    ·  A Muslim woman has married a Hindu man. This man has not accepted Islam and
    no Nikah was performed. She is living with him for a number of years. She has now applied for a post at an Islamic school. Is it permissible to employ her to teach at the Islamic school?

    She lives perpetually in an adulterous state. It is not permissible to employ such a flagrant and an immoral woman to teach Muslim children.

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    ·  A water cooler has been installed in our Musjid for the benefit of the Musallis. Can the public at large take water from this cooler? Some members of the Muslim community fill their 2 litre containers to drink in their businesses. Is this permissible?

    It is not permissible. The cooler is for the needs of only musallis while they are in the Musjid. They may not fill containers and take to their homes or shops.

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    ·  I intend to marry in the near future. I am very worried because this man has a bad past. He had many girlfriends, slept around, is friendly to women and is liable to cheat on me easily. But at the same time I don’t want to lose him? Please guide me with advice?

    You are not speaking rationally when you say, “I don’t want to lose him.” In fact you should make dua that Allah Ta’ala hardens your heart towards him. Forget him and do not commit the fatal error of marrying this man who is certain to betray you. Marriage is not a three day affair. A man of the kind you have portrayed is liable to betray you the very next day after marriage. Your life will be miserable with this treacherous and immoral man who may be suffering from Aids as well. Don’t destroy your life by submitting to the dictates of your nafs. Have sabr. Make dua to Allah Ta’ala and maintain the purity of your mind, body and heart.

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    ·  Is it permissible to keep the stuffed heads of animals such as buck in the home?

    It is haraam to keep such images. The Angels of Rahmat do not enter such a home. It is a kabeerah (major) sin to keep such images.

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    ·  In our town I have undertaken to administer the Qabrustaan. Can I levy a charge
    for digging the graves, etc. ?

    It is permissible to charge for digging the graves.

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    ·  The apas (female teachers) in the Madrasah say that it is permissible for girls in the state of haidh to recite the Qur’aan Majeed without touching it. Is this correct?

    It is not permissible for females in haidh to recite the Qur’aan Majeed even without touching the Mushaf (Qur’aan copy). The apas are ignorant.

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    ·  My husband insists that I be sterilized, but I refuse. He says that I am disobedient and am therefore under the curse of Allah Ta’ala. What should I do?

    In fact, your husband is under the curse of Allah Ta’ala for trying to force you to do something which is haraam. It is not permissible for you to submit to this haraam directive of your husband.

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    ·  Is it permissible for me to take my wife to a jewellery shop to select jewellery for herself?

    If the shop has only female staff then it is permissible. If there are males around, it will not be permissible.

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    ·  If one forgets to recite Surah Faatihah in the last raka’t of a four raka’t Fardh Salaat, is Sajdah Sahw necessary?

    There is no Sajdah Sahw for this error. Reciting Surah Faatihah in the last two raka’ts of Fardh is not Waajib.

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    ·  A Maulana claims that Rama and Krishna were Prophets (Nabis). Please comment.

    This Maulana Saheb has lost the road and deviated into baatil. There is absolutely not a shred of evidence for the claim that these Hindu idols were Nabis. He should make taubah for uttering such bunkum.

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    ·  I was involved in an accident with another car. It was my fault. I offered to have the car repaired. One panelbeater quoted R2000 to repair the vehicle while another one quoted R4500. The owner of the car refuses to have the car repaired by any of the two panelbeaters. He demands that I pay him R4500.

    Since you are at fault, it is incumbent on you to pay the proper value for the damage you had caused to his vehicle. You are liable to pay the damages. You may not insist on repairing the vehicle if the owner refuses that his vehicle
    be repaired. On the other hand, the owner cannot utilize the situation to extort money from you. If it is established that R4500 is a fair price to repair the vehicle, then you are obliged to pay him R4500. The quotation you obtained from your panelbeaters appears to be a backyard worker. Generally, such workers cannot restore a damaged vehicle to its original condition. The owner is entitled to insist that the vehicle be repaired by a reputable panelbeater who has all the implements to work with. If at least two such panelbeaters quote the same amount, then you should pay the owner the R4500 he demands.

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    ·  Is it permissible to invest money to gain interest to pay income tax? Nowadays
    the tax is exhorbitant.

    It is not permissible to make investments to gain interest even if the intention is to pay income tax

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    ·  How should a new Muslim perform Salaat? It will take some time for him to
    memorize Surahs, Tashahhud, etc.

    He should recite ‘Subhaanallaah’ a few times in every posture. The Takbeer is too simple for omission. When changing from one position to another, he will be able to say: ‘Allaahu Akbar’. It is incumbent that he memorizes quickly at least Surah Faatihah and a Surah.

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    ·  Is there greater merit in walking during Hajj or riding in a vehicle?

    A walking Hajj is vastly superior to a riding Hajj. For every step or move of the vehicle there are 70 rewards while for every step in a walking Hajj there are 700 rewards.

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    ·  Is it permissible for a Muslim school to introduce singing of the national anthem of the country?

    It is not permissible.

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    ·  A Maulana invites the SABC-TV to the Musjid to record his speeches for broadcasting on the TV programme called ‘Issues of Faith’. Is it permissible
    to perform Salaat behind such a Maulana?

    It is not permissible to have anything broadcast on television, hence it is not permissible to invite this institution to the Musjid even if the operator happens to be a Muslim. The Maulana who is guilty of this offence is a faasiq.
    While Salaat is valid behind a faasiq, it is not permissible for the trustees of the Musjid to allow the faasiq to lead the Salaat.

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    ·  My wife participates in thikr which is held by a Maulana in a Madrasah hall. She attends these thikr gatherings inspite of my refusal. She flouts me openly and drives in her car to the ladies thikr program which the Maulana conducts. The Maulana is aware that she attends without my consent. Is it permissible for
    her to attend?

    How can it ever be permissible for her to go when the la’nat of Allah Ta’ala and His Angels descend on her from the very moment she steps out of the house in defiance of your instruction? How can it ever be permissible for her to attend a haraam public program, be it thikr, when she may not even keep a Nafl fast without her husband’s consent? How can it ever be permissible for her to attend such an un-Islamic ’thikr’ session when neither her Fardh nor her Nafl acts of ibaadat are accepted by Allah Ta’ala when she displeases her husband. The error of the Maulana Saheb who organises ladies thikr programmes should be conspicuous. There is no need for further comment to elaborate on his error.

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    ·  The girl whom my parents wish me to marry lives in another country I have not seen her nor has she seen me. Is it permissible to exchange photos for this purpose?

    It is haraam to exchange photos for even this purpose. If viewing is felt necessary, then you will simply have to undertake the journey to her land. And, if you are pleased with her and vice versa, then arrange for the nikah in the same trip to avoid unnecessary squandering of money for a special trip. Nikah is a simple procedure in Islam.

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    ·  Please explain the rights which my non-Muslim parents have over me. I am a Muslim female.

    While your parents have no jurisdiction over you since they are no longer your Wali (legal guardian), you have the duty of service to them. If they are in need or in difficulty or sick, it remains your duty to be helpful and provide assistance. You have to be kind and respectful to them without obeying any of their wishes which conflict with the Shariah. You may visit them, but not at such times when ghair mahram males are present or when they have a religious function or customary parties such as birthday parties, etc. Your duty is also to endeavour to introduce them to Islam.

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    ·  I am a representative for a manufacturer. It has become difficult to get orders from wholesalers and big retailers without bribing the company’s buyer who is an employee. If he is not given a bribe, he will not place an order with you. If you go to his boss for an order, he sends you to his buyer. This has become a widespread practice. One Maulana says that when a practice becomes widespread, then according to the Shariah’s principle of ‘urf’, it becomes permissible. Is his fatwa correct?

    Bribery is haraam. Paying the bribe to the company’s buyer is haraam. Today, television, pornography, gambling, liquor, interest, nudity, etc. have all become widespread. The Shariah’s principle of Urf does not legalize these evils simply because of widespread prevalence. Urf does not cancel the laws of the Shariah. There prevails widespread abandonment of Salaat and consumption of haraam. These evils do not become permissible in terms of Urf. The Maulana Saheb has erred in his ’fatwa’. There are trials in all spheres of life. This earthly life is a trial. There is a constant conflict between Allah’s commands and the evil dictates of the nafs and shaitaan’s call. The Mu’min is required to emerge successfully from this struggle. He has to make sacrifices. Our rizq is sealed. It will come our way whether the bribe is paid or not.

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    ·  Whose responsibility is it to maintain an unmarried adult female who has no source of income?

    It is firstly the responsibility of her father. Thereafter it is the duty of her brothers, then of her paternal uncles.

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