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Irshaadul Mulook

TheMajlis.net Questions and Answers Page


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Question
  • Should Janaazah Salaat be performed for an illegitimate child of a Muslim woman and a non-Muslim man?

  • Minor non-Muslim children frequent our rural madrasah. They are regarded by us as Muslims. However, they stay with their non-Muslim parents and obviously are unable to sustain their Islamic ta’leem and amal at home. But they recite the Qur’aan well, perform Salaat when with us and generally conduct themselves as Muslims in our company. What is the position of such children?

  • If minor children (such as those mentioned above) should die, are we allowed to bury them as Muslims?

  • Who has to give ghusl to a hermaphrodite or a person whose sex cannot be determined?

  • When does one pay Zakaat on a pension fund?

  • A man works at a town which is more than 100 km from his hometown. Weekends he returns home. Does he have to perform full or qasr Salaat in the town where he works?

  • What is the naseehat of the Shariah for a wife whose conduct towards her husband is absolutely deplorable. She conveys the impression to people that she is pious. She participates in women’s tablighi activities, but she commits the following acts:  She call her husband “a dirty rubbish” and brands him a “Hindu” because he is of Indian origin, inspite of being a born Muslim, while she is of mixed Indian-Coloured origin.  She physically assaults her husband.  She insults her husband because he cannot afford to spend on her as lavishly as the wealthy husband of the woman with whom she associates.  She leaves the home after Maghrib without the consent and in violation of the prohibition of her husband. Please give some advice.

  • I have accepted maintenance money from my ex-husband, which the court has ordered him to pay. After several years I have learnt that it is not permissible for the ex-wife to claim maintenance for herself from her ex-husband beyond the iddat. What is the Shariah’s ruling on the monies which I had accepted?

  • There are three equal partners in a business. The one working partner gets a fixed monthly salary in addition to his percentage profit share. I have heard conflicting rulings regarding the fixed salary a partner draws. What is the correct ruling of the Shariah?

  • A husband in anger said to his wife: “You are haraam for me, get away from me!” Is this a talaaq?

  • An adult Hanafi male married an adult (Baalighah) Shaafi woman without the consent of her parents. Is the nikah valid?

  • There are conflicting reports about Louis Farrakhan of America and his movement of Black Muslims. Is his movement part of the Ahlus Sunnah?

  • What is the Shariah’s view on the tax which the South African Hajj Council levies on everyone going for Hajj?

  • At a meeting with the government held in Pretoria in the Union Buildings, Ulama were also present in the Muslim delegation which consisted of men and women. The Ulama too were sitting in the mixture of men and women and were photographed. Please comment.

  • What is the Shariah’s view regarding democracy? Is this a viable system for Muslims?

  • Recently many Muslims participated in the funeral and prayer services of the Pope. What is the view of the Shariah?

  • Is a person excused from Salaat while travelling on a plane? Would it be sinful to make qadha of the Salaat because of being on a plane?

  • How does one perform Salaat on the plane? Does one have to stand and face the Qiblah or can one sit in one’s seat and perform Salaat?

  • What should the muqtadi (the one who follows the Imaam) recite in Salaat?

  • What are the Sunnats when going to the toilet?

  • A company has been awarded a contract by the government to make pension, disability grant and child grant payments on behalf of the government. The company has come out with a card system that works off a cell phone network to do the grant payouts. The company has decided to subcontract shop owners to do the payouts on their behalf. The company installs its computerized system in the shop. For this it charges the shop owner a minimum amount of R684 as a rental for its equipment, and a further charge 0f 0.75% of the overall turnover for the month. For example, if the shop pays out a total of R20,000 for the month, R150 has to be paid to the company. Is this system permissible?

  • If a customer does not wish to purchase goods from the store, is the shop owner allowed to charge the customer a cash withdrawal fee to cover the expense incurred with the transaction which is being effected?

  • For those customers who are purchasing from the store, is it permissible to stipulate a minimum percentage to be spent in the store per withdrawal? For example, the shop asks the customers to spend 20% of the cash withdrawn.

  • If there is a cricket match between India and Pakistan, can we as citizens of India make dua for the Pakistani team to win?

  • Allaamah Suyuti has written a book on Moulood. Can his views be cited in substantiation of Moulood in our day?

  • Does the metamorphic process that takes place in gelatine render it halaal?

  • We have a jamaat khaanah on the second floor of a shopping centre. On the first level, below the jamaat khaanah, is a liquor store. Is it permissible to perform Salaat in this jamaat khaanah?

  • I am an aged man. My son told his mother that he has been contributing towards my expenses for too long. His duty is now over. Is this Islamically acceptable?

  • A dispute developed among the heirs of the deceased regarding the value of the assets, etc. The matter was taken to the non-Muslim court by one party. Later an outof-court settlement was reached. The legal fees were considerable. Should these fees be deducted from the assets of the estate, and the balance then distributed to the heirs?

  • I wish to purchase a vehicle through Westbank’s newly launched Islamic Finance division. I would like to ‘insure’ the vehicle through what I have recently heard is called ‘Takafol’. Is Takafol form of insurance compliant with the Shariah?

  • Can Zakaat money be given to a person to enable him to go for Umrah?

  • If a person is boarding in a place for study purposes, is he a musaafir or not?

  • A Muslim woman abandoned Islam, becoming an atheist. Is it permissible for her relatives to accept gifts from her?

  • A man married a widow who has two minor children. He is not related to her in any way nor to the children. Who is the legal guardian of the children according to the Shariah?

  • Our Imaam was dismissed for breach of trust and dereliction of duty. The Imaam took us to the Department of Manpower, and we were compelled to pay him four months salary although we do not owe him anything. Is the Imaam entitled to take the Musjid’s funds with the aid of the authorities of the land?

  • Is it permissible to buy the time-share units which are being sold in Makkah and Madinah?

  • A man wrote a letter of Talaaq in the following manner: “I issue Talaaq to you through the Will of Allah.” Is this Talaaq valid?

  • Is it permissible for a woman to go for Umrah with her 13 ye

  • A 63 old man was admitted to hospital. After a few days he was put on a respiratory machine. Doctors are saying he’s not breathing on his own. A tube was inserted into his mouth for feeding. The doctors have now given up hope. They say we should remove the respiratory machine. The doctors removed the machine for a few seconds, and he was gasping for breath. They put him back on the machine immediately. The family wants advice. Should they remove the respiratory machine or wait? The doctors say there is nothing they can do, and they are asking the family to remove the machine. Please advise.

  • A Maulana who appears to be modern in his outlook, sometimes dressing in Islamic garb and sometimes in western clothes, says that Hijaab was actually enforced by Hadhrat Umar (radhiyallahu anhu), not by Rasulullah (sallallahu alayhi wasallam). It had its benefits in those days, but is not necessary in this day. Please comment.

  • During an argument, a man shouted at his wife: “Go! Go! I don’t want you here any more.” During the argument, when the wife had demanded Talaaq, the husband blurted out this statement. The husband now says that although he had meant that she should leave with her Talaaq, he had said so in anger. What is the state of their Nikah?

  • I have some clothes which I used to wear in my jahiliyyat days—pants, tops, jeans and dresses not proper for Muslim females. What should I do with these clothes?

  • In the Hadith books we read that the Sahaabah would often ask Rasulullah (sallallahu alayhi wasallam): “What is the best deed?” He would give different answers to different people. What would be the ‘best deed’ in our time?

  • Most Ulama today refrain from speaking straight and bringing to light the wrongs and sins people commit flagrantly. They claim that hikmat nowadays dictates this policy of silence. Is their argument valid?

  • A latecomer made Tayammum in order to participate in Janaazah Salaat. If he had engaged in wudhu, he would have missed the Janaazah Salaat. Can he perform his Fardh Salaat with this same Tayammum?

  • While using a toothpick, I noticed some blood on it. Does this break wudhu?

  • What is the position of chickens which are fed with najaasat (impure substances, even dead animals minced and mixed with other things)?

  • Is it permissible for a female to wear an imitation ring made of plastic?

  • A bank has a new type of account in which the account-holder can win a million rand. A deposit of at least R100 has to be made. A fee is not paid to enter the draw nor does one forfeit any sum which is deposited in the account. Is this prize money permissible?

  • I have been told that it is necessary to say ‘Assalaamu Alaikum’ when entering the Musjid even if people are engaging in Salaat, Tilaawat, etc. Is this correct?

  • A Muslim woman married a Shiah man. Is the nikah valid? If not valid, what is the status of the children?

  • Is there a Masnoon dua to recite when one yawns?

  • How is it to recite the Qur’aan without the head being covered?

  • Is it permissible to publish the Qur’aan in English or any other language without the original Arabic text?

  • In most of the processed dog and cat foods haraam meat and other haraam substances are used. Is it permissible to feed dogs and cats with such foods?

  • It has been said that the process of Qalbul Maahiyat takes place in soapmanufacture, hence soap is permissible even if haraam animal fat is used in it. What is the ruling if pig-fat is used?


    Answer
    ·  Should Janaazah Salaat be performed for an illegitimate child of a Muslim woman
    and a non-Muslim man?

    In view of the mother being a Muslim, the child too will be a Muslim. Janaazah Salaat has to be performed. The Shar’i rule in such cases is that the religion of the child will be subject to what is described as Khairul Abawain, i.e. “the noblest of the parents”. The gender of the parents is not the rule. The best of religions, namely, Islam, is the determinant. Hence, the religion of the child will always be Islam if one of the parents is a Muslim and the other a non-Muslim.

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    ·  Minor non-Muslim children frequent our rural madrasah. They are regarded by us as Muslims. However, they stay with their non-Muslim parents and obviously are unable to sustain their Islamic ta’leem and amal at home. But they recite the Qur’aan well, perform Salaat when with us and generally conduct themselves as Muslims in our company. What is the position of such children?

    When they attain buloogh (puberty), Islam has to be presented to them and they will have to declare their Imaan at that time. It is incumbent for them to officially accept Islam at the age of buloogh. Meanwhile continue teaching and training them, and make dua for their hidaayat. Our efforts will come to zero if Allah Ta’ala has not decreed Imaan for them.

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    ·  If minor children (such as those mentioned above) should die, are we allowed to
    bury them as Muslims?

    If their parents consent, bury them as Muslims. Allah knows best.

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    ·  Who has to give ghusl to a hermaphrodite or a person whose sex cannot be determined?

    In the Shariah such a person is called khuntha mushkiel. There is no ghusl for such a mayyit (deceased). Tayammum is compulsory for this mayyit.

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    ·  When does one pay Zakaat on a pension fund?

    Zakaat is paid when the money comes physically into one’s possession.

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    ·  A man works at a town which is more than 100 km from his hometown. Weekends he returns home. Does he have to perform full or qasr Salaat in the town where he works?

    If his intention in the town where he works is not to stay 15 days or more, then he has to perform Qasr Salaat. Since he returns every weekend, it is clear that his intention is not to stay there for 15 days. He has to perform Qasr.

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    ·  What is the naseehat of the Shariah for a wife whose conduct towards her husband is absolutely deplorable. She conveys the impression to people that she is pious. She participates in women’s tablighi activities, but she commits the following acts:

     She call her husband “a dirty rubbish” and brands him a “Hindu” because he is of Indian origin, inspite of being a born Muslim, while she is of mixed Indian-Coloured origin.
     She physically assaults her husband.
     She insults her husband because he cannot afford to spend on her as lavishly
    as the wealthy husband of the woman with whom she associates.
     She leaves the home after Maghrib without the consent and in violation
    of the prohibition of her husband. Please give some advice.

    The husband in this case is blameworthy. Allah Ta’ala has made the husband the ruler of the woman. The Qur’aan states: “And, for men there is a rank above women.” In another aayat, Allah Ta’ala says: “Men are the rulers of women…” Thus, if the husband has submitted to the villainy and lewdness of this evil woman, then he has to blame only himself. For such women the treatment is spelt out in the Qur’aan Majeed as follows: “And when you fear their disobedience, then admonish them; then (if this is not sufficient), banish them from the beds (i.e. do not sleep with them); then beat them (i.e. if even this measure does not reform them, beat them lightly).” If all measures fail to reform her evil conduct and there is no compatibility whatsoever, the best solution is to terminate the marriage. There is no goodness living with such an evil woman. Of the acts mentioned by you, the worst act which makes Talaaq necessary if she does not desist, is her stepping out of the home in conflict with the husband’s instructions. While all other acts and statements of taunt and indiscretion are tolerable, a wife’s immoral emergence from the home without her husband’s consent is intolerable. Her emergence becomes immoral in two instances: When she leaves the home without the permission of her husband even for a valid, lawful purpose or when she leaves the home for a haraam purpose even with the permission of her husband. In the latter case, the dayyooth (cuckold) husband comes equally under the purview of Allah’s la’nat (curse).

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    ·  I have accepted maintenance money from my ex-husband, which the court has ordered him to pay. After several years I have learnt that it is not permissible for the ex-wife to claim maintenance for herself from her ex-husband beyond the iddat. What is the Shariah’s ruling on the monies which I had accepted?

    The money which the court had ordered for you is haraam. You had acquired the money by extortion and zulm. If you had minor children of your husband, then you were allowed to accept only maintenance for them, and this too has to be fair and in accordance with the Shariah, not what the kuffaar court fixes. You have to either gain forgiveness from your ex-husband for the money which you had unlawfully acquired from him or you have to pay him back. Even if he forgives you, you still have to repent for the sin of zulm and extortion.

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    ·  There are three equal partners in a business. The one working partner gets a fixed monthly salary in addition to his percentage profit share. I have heard conflicting rulings regarding the fixed salary a partner draws. What is the correct ruling of the Shariah?

    The correct ruling is that the fixed ‘salary’ is haraam riba. A partner is not permitted a salary. He is entitled to only his share of the profit. The stipulation of the fixed salary invalidates the partnership. The working partner should be given a higher percentage of the profit. Whatever monies the partners draw from the partnership business will be against their share of the profit.

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    ·  A husband in anger said to his wife: “You are haraam for me, get away from
    me!”
    Is this a talaaq?

    The word ‘haraam’ when used in the context of Talaaq, is one Talaaq Baa-in. The marriage has ended. If they reconcile, a fresh Nikah has to be performed whether during the iddat or after the iddat. It is not incumbent on the woman to remarry her former husband if she has no inclination for living with him. Talaaq Baa-in sets her completely free. It is unlike Talaaq Raj’i in which she has no choice but to return to her husband if he recalls her. In Talaaq Raj’i there is no condition of reconciliation. It is left entirely to the husband to decide whether to recall his wife or allow the Talaaq Raj’i to be transformed into Baa-in by refraining from taking her back within the iddat.

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    ·  An adult Hanafi male married an adult (Baalighah) Shaafi woman without the consent of her parents. Is the nikah valid?

    Although consent should have been taken from the woman’s parents, nevertheless, the nikah is valid in terms of the Hanafi Mathhab. It should be understood that the consent of the elders is necessary in terms of all Four Math-habs. The marriage is deprived of blessings if the consent of the parents is not acquired. According to the Shaafi Math-hab, the Nikah will not be valid if a woman is not represented by a man irrespective of her being an adult. According to the Shaafi Math-hab, an adult woman can never contract her own nikah. It is imperative that a male contracts her nikah. But according to the Hanafi Math-hab the nikah is valid and if the consent of the parents was not taken for no valid Shar’i reason, then both the man and woman are sinful notwithstanding the validity of the nikah. This is not to be taken lightly as many young people nowadays do.

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    ·  There are conflicting reports about Louis Farrakhan of America and his movement of Black Muslims. Is his movement part of the Ahlus Sunnah?

    Louis Farrakahan is not even a Muslim. His movement is not Islam. The following are some of his beliefs of kufr which put him far beyond the pale of Islam:

    • The belief that Allah Ta’ala appeared in human form (Nauthubillaah!) in the form of one Syrian trader called Fard Muhammad.

    • Elijah was the last Messenger of Allah, who according to Farrakhan was the human being, Fard.

    • He denies Qiyaamah.

    • His month of convoluted ‘fasting’ is in December.

    These are merely some of his beliefs and statements of kufr.

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    ·  What is the Shariah’s view on the tax which the South African Hajj Council levies on everyone going for Hajj?

    This tax is a callous haraam charge sucked out of Muslims in a manner termed zulm in the Shariah. It is extortion and highway robbery. They devour the blood and sweat of people which they suck out like leeches from the bodies of the Hujjaaj. These people have neither heart nor conscience. They only devour haraam and take into their bellies the Fire of Jahannum. They sell the Deen for a miserable price. In the name of the ibaadat of Hajj they fleece the servants of Allah Ta’ala. The charge they make is plainly haraam. It is extracted against the will and wishes of every person who undertakes the Hajj journey.

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    ·  At a meeting with the government held in Pretoria in the Union Buildings, Ulama
    were also present in the Muslim delegation which consisted of men and women. The Ulama too were sitting in the mixture of men and women and were photographed. Please comment.

    What is there to comment about this lamentable state of affairs when the Ulama have betrayed Allah, betrayed Rasulullah (sallallahu alayhi wasallam), and betrayed the community of Muslims? May Allah Ta’ala have mercy on us. Perhaps some type of Tsunami overhangs us. May Allah Ta’ala save us from His Athaab. When the Ulama participate in evil and when they abandon their Waajib obligation of Amr Bil Ma’roof Nahy Anil Munkar, the Athaab of Allah Ta’ala becomes justified (halaal) for the entire community.

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    ·  What is the Shariah’s view regarding democracy? Is this a viable system for Muslims?

    Regarding all systems besides the Sunnah or Shar’i system emanating from the Qur’aan and Ahaadith, Allah Ta’ala says:

    “Those who do not govern according to to the (law) which Allah has revealed, verily, they are the kaafiroon.”

    Democracy, like all other systems fabricated by the minds of men are untenable in Islam. It is an un-Islamic system. While it is the ‘best’ system for a non-Muslim country, it has absolutely no validity for a Muslim country. Muslim rulers who adopt democracy or any other system other than the Shariah’s system immediately leave the fold of Islam. Hence, we find today that all Muslims sitting in government positions of law-making in Muslim lands are among the murtaddeen (renegades). In choosing the non-Muslim system of government
    they have effectively renounced Islam.

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    ·  Recently many Muslims participated in the funeral and prayer services of the Pope. What is the view of the Shariah?

    Participation in the funeral, burial and prayer services of even parents if they are non- Muslims is not permissible. Participation in the prayer services of non-Muslim expels the participant from the fold of Islam. He / she becomes a murtadd.

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    ·  Is a person excused from Salaat while travelling on a plane? Would it be sinful to make qadha of the Salaat because of being on a plane?

    One is not excused from Salaat even on a plane. It is compulsory to perform Salaat on time in the plane. It is sinful—a major sin— to omit Salaat even on the plane. Making qadha will be sinful.

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    ·  How does one perform Salaat on the plane? Does one have to stand and face the
    Qiblah or can one sit in one’s seat and perform Salaat?

    As far as possible it is compulsory to stand and perform the Fardh Salaat facing the Qiblah. This is not impossible on the plane. While there is a degree of inconvenience, it is not a hardship. Countless Muslims perform Salaat on the plane facing the Qiblah. Space for Salaat is available at the back of the plane, in the kitchen foyer, and at the exit points. Generally passengers, even non-Muslims, are obliging and do accommodate Muslims who desire to perform Salaat at the exit points. They do not mind to vacate their seats for a brief three minutes or so. When performing Salaat on the plane, maintain the Salaat as brief as possible— short Surahs with the minimum of Tasbeehs in the Ruku’ and Sajdah. The Sunnat and Nafl Salaat should be omitted.

    On some planes the non-Muslim staff, as well as so-called Muslim staff who are in reality non-Muslims, such as the staff on Turkish planes, are decidedly inimical and antagonistic to Muslims. They go out of their way to thwart Salaat performance. In such case, perform Salaat in the seat sitting. In all cases repeat the Salaat on the ground. Even Salaat performed standing, facing the Qiblah in the plane should be repeated when on the ground. Wearing khuffain (leather socks) on the journey is very convenient for wudhu purposes.

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    ·  What should the muqtadi (the one who follows the Imaam) recite in Salaat?

    He recites Thana, the Ruku and Sajdah Tasbeehs, the Takbeers when changing positions, Tahmeed (Rabbana lakal Hamd), Attahiyaat, Durood, Dua and the Salaams. He does not recite any Qira’t after the Imaam.

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    ·  What are the Sunnats when going to the toilet?

    To cover the head. Never enter the toilet with a bare head. The shayaateen which may be present in the toilet can possess one via the head. The head-covering acts as a barrier. Enter with the left foot. Recite the relevant dua outside the toilet. After having completed the istinja process (purifying with water), then as quickly as possible cover up the satr. Sit in the squatting position. The high toilet is un-Islamic. It is the western system and detrimental for the physical well-being of the body. After emerging from the toilet with the right foot, recite the relevant Masnoon Dua outside the toilet. Immediately take wudhu.

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    ·  A company has been awarded a contract by the government to make pension, disability grant and child grant payments on behalf of the government. The company has come out with a card system that works off a cell phone network to do the grant payouts. The company has decided to subcontract shop owners to do the payouts on their behalf. The company installs its computerized system in the shop. For this it charges the shop owner a minimum amount of R684 as a rental for its equipment, and a further charge 0f 0.75% of the overall turnover for the month. For example, if the shop pays out a total of R20,000 for the month, R150 has to be paid to the company. Is this system permissible?

    The rental for the equipment is permissible. The 0.75% of the turnover is riba, hence haraam. It is, therefore, not permissible to have this machine installed if the riba charge is not waived. Perhaps an arrangement could be made with the company to rather increase the rental so that there will be only one straight payment. On the basis of an estimate of the turnover, a fixed monthly rental can be arranged.

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    ·  If a customer does not wish to purchase goods from the store, is the shop owner allowed to charge the customer a cash withdrawal fee to cover the expense incurred with the transaction which is being effected?

    After all, what expense is really incurred? A Muslim should have a big heart and render such small favour without even thinking of the little fee. It is not permissible to charge the customer a cash withdrawal fee if the customer does not wish to make a purchase. The fee is riba. It is like charging a person a fee for exchanging his cash notes for silver.

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    ·  For those customers who are purchasing from the store, is it permissible to stipulate a minimum percentage to be spent in the store per withdrawal? For example, the shop asks the customers to spend 20% of the cash withdrawn.

    It is not permissible to stipulate a minimum percentage to be spent in the store per withdrawal. Such a stipulation is zulm. It is a callous act of extortion. The Shariah prohibits taking the property of people without their wholehearted approval. The poor, hardpressed workers are compelled to cash their pension/grant cheques at one of these stores having the equipment. The usual practice when even presenting government cheques for cashing is for the shop to stipulate a minimum sum to be spent in the shop. The customer is constrained to buy even if he / she does not require the items, or they are compelled to buy from the store when their heart’s desire is to purchase elsewhere for some reason or the other, or they may need the money for other expenses. Cashing such cheques and assisting with the grant/pension cheques are a small service to Allah’s makhlooq. It does not behove a Muslim to measure everything and every service in monetary terms. A Muslim should totally abstain from these malpractices. The shop owner’s rizq arrives at his door via the agency of the customers. It is necessary to be considerate and magnanimous, although rendering these petty services requires no magnanimity.

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    ·  If there is a cricket match between India and Pakistan, can we as citizens of India make dua for the Pakistani team to win?

    Cricket like all other kinds of non-Muslim sports, is haraam. This game, especially the professional type, is accompanied by other evils as well. The players are fussaaq and fujjaar. Liquor and fornication are their salient practices. It is akin to kufr to make dua for the success of sin. It is just like making dua for a Muslim to win in gambling. It is not permissible to make dua for the Pakistani cricketers even if they are Muslims.

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    ·  Allaamah Suyuti has written a book on Moulood. Can his views be cited in substantiation of Moulood in our day?

    Allaamah Suyuti (rahmatullah alayh) was undoubtedly a great Aalim. Whatever he had written cannever be construed as substantiation for the haraam, bid’ah, corrupt customary moulood function in vogue in this age. We have not seen the book you have mentioned, hence at this stage we cannot comment. But be rest assured that whatever he has written, is not a basis for the permissibility of the haraam bid’ah which is perpetrated nowadays by the grave-worshippers and other deviated people. Similarity of names does not convey permissibility for an illegal/haraam custom which has neither origin nor sanction in Islam. Allaamah Suyuti’s reference to Moulood is not the customary moulood practices we know of in our day.

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    ·  Does the metamorphic process that takes place in gelatine render it halaal?

    The process of total transformation known as Qalbul Maahiyat does not take place in gelatine manufacture. Those who have inferred the occurrence of this process are in grievous error. Our detailed explanation on this issue shall be forwarded to you. Also, write to Waterval Islamic Institute, P. O. Box 1, Johannesburg 2000, for a copy of their book on gelatine production. The Ulama of Waterval Islamic Institute had made an exhaustive investigation of gelatine manufacture. You will gain much information on this topic from their book. All gelatine made in South Africa is haraam.

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    ·  We have a jamaat khaanah on the second floor of a shopping centre. On the first
    level, below the jamaat khaanah, is a liquor store. Is it permissible to perform Salaat in this jamaat khaanah?

    Although the Salaat performed there is valid, it is highly improper to have a jamaat khaanah in such a place. The community should search for another venue.

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    ·  I am an aged man. My son told his mother that he has been contributing towards
    my expenses for too long. His duty is now over. Is this Islamically acceptable?

    It is never acceptable in Islam. It is the Waajib obligation of the sons to support their parents until the day they close their eyes in this world. Your son is in grave error. He courts Allah’s Wrath and Curses if he withholds assistance from you.

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    ·  A dispute developed among the heirs of the deceased regarding the value of the assets, etc. The matter was taken to the non-Muslim court by one party. Later an outof-court settlement was reached. The legal fees were considerable. Should these fees be deducted from the assets of the estate, and the balance then distributed to the heirs?

    No, the legal fees should not be deducted from the assets of the mayyit’s estate. The party responsible for this haraam legal action is liable for the fees. It is the problem and debt of that party, not of the heirs who had defended the action. The dispute had to be decided by the Ulama, not by the law of kufr. It is haraam to make the other heirs suffer for the unlawful action of the one party.

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    ·  I wish to purchase a vehicle through Westbank’s newly launched Islamic Finance division. I would like to ‘insure’ the vehicle through what I have recently heard is called ‘Takafol’. Is Takafol form of insurance compliant with the Shariah?

    As far as we are aware, Westbank’s scheme is still in the discussion stage. We have studied it and have found it in order except for some minor issues which we believe are being attended to. For the deal to be permissible in the Shariah, the number and amount of the instalments must be known at the time of the transaction. There should be no fluctuation in the monthly payments, and the buyer should not acquire insurance. In Westbank’s scheme, the bank itself insures the vehicle. The buyer pays a fixed monthly instalment for a specified number of months, e.g. 60 monthly instalments of R1,000. If it is done in this manner, the deal is permissible.

    The newly fabricated ‘Takafol’ is plain kuffaar insurance. The only difference is in names. Takafol is conventional insurance. It is old wine in a new bottle. Takafol is haraam.

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    ·  Can Zakaat money be given to a person to enable him to go for Umrah?

    If the person is poor, i.e. he does not have the Zakaat Nisaab nor extra assets for the Nisaab amount, then he is entitled to accept Zakaat. He is allowed to utilize the Zakaat in any lawful expense he wishes. However, the one who pays Zakaat should understand the spirit underlying Zakaat payment. Zakaat is actually to alleviate the hardships of the Fuqara and Masaakeen. The world is full of such povertystricken Muslims. It is, therefore in conflict of the spirit of Zakaat to give such a large sum to a person to enable him to go for Umrah. A person who cannot afford to go for Umrah can acquire the thawaab of Hajj and Umrah daily by performing Ishraaq Salaat, and if he has parents, by looking at their faces with affection. After all, the purpose of Umrah is the obtainal of thawaab. The aim is never to go for a holiday.

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    ·  If a person is boarding in a place for study purposes, is he a musaafir or not?

    If he stays with the intention of 15 days or more, then he will not be a musaafir. If he stays less than 15 days, then he will be a musaafir.

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    ·  A Muslim woman abandoned Islam, becoming an atheist. Is it permissible for her relatives to accept gifts from her?

    It is not permissible to accept any gift from the murtaddah (renegade) nor is it permissible to maintain any ties with her. It is Waajib to sever all ties with her.

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    ·  A man married a widow who has two minor children. He is not related to her in any way nor to the children. Who is the legal guardian of the children according to the Shariah?

    In this case, the maternal grandmother is the legal guardian. In the absence of the maternal guardian, the maternal aunts have the right of custody.

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    ·  Our Imaam was dismissed for breach of trust and dereliction of duty. The Imaam took us to the Department of Manpower, and we were compelled to pay him four months salary although we do not owe him anything. Is the Imaam entitled to take the Musjid’s funds with the aid of the authorities of the land?

    Even if the Imaam was not guilty of breach of trust and dereliction of duty, he had absolutely no Islamic right of acting like an unbeliever who runs to the government agencies to enlist their aid to usurp the Amaanat funds of the Musjid in this haraam way. This ‘imaam’ is a mercenary. He is not a man who renders Deeni service for the sake of Allah Ta’ala, hence he had no hesitation to seek haraam assistance to lay his hands on the Amaanat funds of the Musjid. It is utterly shocking for an imaam of the Musjid to stoop to such a despicable level. It is never permissible for him to take the money. The amount given to him was not salary of four months since he did not work. It is haraam money which he has devoured without the slightest pang of conscience.

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    ·  Is it permissible to buy the time-share units which are being sold in Makkah and Madinah?

    It is not permissible.

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    ·  A man wrote a letter of Talaaq in the following manner: “I issue Talaaq to you through the Will of Allah.” Is this Talaaq valid?

    Yes, the Talaaq is valid. This statement is one Talaaq Raj’i.

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    ·  Is it permissible for a woman to go for Umrah with her 13 ye

    It is not permissible. A 13 year old even if he is baaligh, is not an adequate mahram for a journey. The purpose of a mahram is to take charge and to see to everything on the journey while the female stays in the background. But in this case this is improbable, hence she may not go for Umrah.

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    ·  A 63 old man was admitted to hospital. After a few days he was put on a respiratory machine. Doctors are saying he’s not breathing on his own. A tube was inserted into his mouth for feeding. The doctors have now given up hope. They say we should remove the respiratory machine. The doctors removed the machine for a few seconds, and he was gasping for breath. They put him back on the machine immediately. The family wants advice. Should they remove the respiratory machine or wait? The doctors say there is nothing they can do, and they are asking the family to remove the machine. Please advise.

    In this particular case it is not permissible to remove the machine. When the doctors had removed it momentarily, the patient was gasping for breath. This indicates that he is in need of the machine to assist his breathing. It is like a person having an asthma attack and gasps for breath. He is then assisted artificially or medically to breathe. If he dies on removal of the machine, death will be attributed to the act of removal. It will be said that death was caused by the active intervention of the doctors. Hence, the machine should not be removed. He will die at his appointed time. But, it is haraam to commit an act which leads to his death. It is tantamount to murdering the patient. And, Allah knows best.

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    ·  A Maulana who appears to be modern in his outlook, sometimes dressing in Islamic garb and sometimes in western clothes, says that Hijaab was actually enforced by Hadhrat Umar (radhiyallahu anhu), not by Rasulullah (sallallahu alayhi wasallam). It had its benefits in those days, but is not necessary in this day. Please comment.

    This person is not an Aalim of the Deen. He is among the class of beings termed in the Hadith, shayaateenul ins, which means human devils. In fact, he is not a Muslim for rejecting what the Qur’aan has declared Waajib. There is no need to respond further to the drivel this corrupt soul has gorged out.

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    ·  During an argument, a man shouted at his wife: “Go! Go! I don’t want you here
    any more.” During the argument, when the wife had demanded Talaaq, the husband blurted out this statement. The husband now says that although he had meant that she should leave with her Talaaq, he had said so in anger. What is the state of their Nikah?

    The statement which he had made during the argument in response to his wife’s demand for Talaaq, constitutes one Talaaq Baain regardless of his intention and anger. The Nikah has ended. However, should they wish to reconcile, they may do so. They only have to perform Nikah again.

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    ·  I have some clothes which I used to wear in my jahiliyyat days—pants, tops, jeans and dresses not proper for Muslim females. What should I do with these
    clothes?

    Give these garments to non-Muslims. It is their style which they may wear. It is not permissible to give these clothes to Muslims.

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    ·  In the Hadith books we read that the Sahaabah would often ask Rasulullah (sallallahu alayhi wasallam): “What is the best deed?” He would give different answers to different people. What would be the ‘best deed’ in our time?

    Rasulullah (sallallahu alayhi wasallam) said: “He who clings to my Sunnat at the time of the corruption of my Ummat, will receive the reward of a 100 shuhada (martyrs).” This reward applies to even a Mustahab act which the Ummat has abandoned. From this could be gauged the significance and immense thawaab of reviving and adhering to a Waajib command which the Ummat has abandoned. The most neglected, in fact totally abandoned command of Allah Ta’ala in our age is Amr Bi l Ma’roof , Nahy Ani l Munkar (Commanding righteousness and prohibiting evil and sin).

    While Ulama do generally speak about virtuous deeds which do not ruffle anyone’s feathers, they have totally abandoned the dimension of Nahy Anil Munkar (Prohibiting evil and sin) because they are anxious to be in the good books of the people of the world either because they hanker after their wealth or they desire jah –name, fame and position in society. This one capital crime and vile misdeed of the Ulama has transformed them into ulama-e-soo’—evil ulama about whom Nabi-e-Kareem (sallallahu alayhi wasallam) said: “Verily, I fear for my Ummah the Aimmah-e-Mudhilleen (the learned ones—the imaams, sheikhs, duktoors, muftis and molvis).”

    In our time there is no amal superior to Amr Bil Ma’roof Nahy Anil Munkar. It is infinitely superior to even Jihad. This is Rasulullah’s Fatwa. Citing this sacred Fatwa, Imaam Ghazaali (rahmatullah alayh), in his Ihya Uloomuddin, records that Rasulullah (sallallahu alayhi wasallam) said: “Allah Ta’ala said: O mankind! Before making dua, command righteousness and prohibit evil otherwise your supplication (dua) will not be accepted.” Rasulullah (sallallahu alayhi wasallam) added: ‘Compared to Jihad, good deeds are like a
    puff of breath in a deep ocean. And all good deeds together with Jihad in the Path of Allah are nothing but a puff of breath in the deep ocean in comparison with Amr Bil Ma’roof Nahy Anil munkar.”

    Now you know what the best deed in this age is.

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    ·  Most Ulama today refrain from speaking straight and bringing to light the
    wrongs and sins people commit flagrantly. They claim that hikmat nowadays dictates this policy of silence. Is their argument valid?

    For such Ulama who practise Kitmaanul Haqq (Concealment of the Truth) on the basis of their wretched, convoluted. Nafsaani policy of fallacious ‘hikmat’, Rasulullah (sallallahu alayhi wasallam), presented the following reply : “Allah will ask His servant: ‘Who prevented you from Nahy Anil Munkar when you saw a person indulging in evil?’ Rasulullah (sallallahu alayhi wasallam) said: ‘If Allah would have instilled in him the ability to reply, he (the servant) would have replied: ‘O Rabb! I had hope in You, and I feared men.”

    Thus, to save their skins on the Day of Qiyaamah when these dubious and confounded policies of ‘hikmat’ will evaporate into nothingness, these Ulama should at least be honest with themselves and refrain from nafsaani justification of their gross dereliction of their Waajib obligation. The lesser of the two evils confronting them is to maintain silence, to abandon the ‘hikmat’ argument and to seal their lips when other Ulama proclaim the Haqq. If they do not desist, they may find themselves making tawaaf of their extracted intestines in Jahannum. May Allah Ta’ala save us all from such disgraceful chastisement. Aameen.

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    ·  A latecomer made Tayammum in order to participate in Janaazah Salaat. If he had engaged in wudhu, he would have missed the Janaazah Salaat. Can he perform his Fardh Salaat with this same Tayammum?

    No, he cannot perform any Salaat with this Tayammum. The Tayammum was valid for only the Janaazah Salaat which was about to be missed. He has to make wudhu for Salaat.

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    ·  While using a toothpick, I noticed some blood on it. Does this break wudhu?

    If you spat and the colour of the saliva was more red, then the wudhu had broken otherwise not. The mere appearance of a red mark on the toothpick does not break wudhu.

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    ·  What is the position of chickens which are fed with najaasat (impure substances, even dead animals minced and mixed with other things)?

    It is Makrooh (reprehensible and not permissible) to consume such impure, diseased flesh even if the chickens have been correctly slaughtered. Such impure ‘food’ is physically and spiritually injurious. It does not behove a Muslim to eat such filth.

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    ·  Is it permissible for a female to wear an imitation ring made of plastic?

    It is not permissible. Rings of only gold and silver are permissible.

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    ·  A bank has a new type of account in which the account-holder can win a million rand. A deposit of at least R100 has to be made. A fee is not paid to enter the draw nor does one forfeit any sum which is deposited in the account. Is this prize money permissible?

    The prize money is interest, hence haraam. It is the same as the usual interest the banks give on one’s savings. The only difference is the large amount and the manner in which the money is acquired. But in terms of the Shariah it is interest which will have to be given to charity without a niyyat of thawaab.

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    ·  I have been told that it is necessary to say ‘Assalaamu Alaikum’ when entering the Musjid even if people are engaging in Salaat, Tilaawat, etc. Is this correct?

    It is not permissible to make Salaam when people are performing Salaat or engaging in Tilaawat, dua, etc.

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    ·  A Muslim woman married a Shiah man. Is the nikah valid? If not valid, what is the status of the children?

    The nikah of a Muslim woman with a Shiah is not valid. The children of this haraam union are illegitimate.

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    ·  Is there a Masnoon dua to recite when one yawns?

    There is no Masnoon dua for this occasion. According to the Hadith, one should prevent the yawning as far as possible. If one is unable to prevent it, then close the mouth with the back of the left hand.

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    ·  How is it to recite the Qur’aan without the head being covered?

    A Muslim’s head should be covered with Islamic headgear at all times. It is necessary that he covers his head when making Tilaawat of the Qur’aan Shareef.

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    ·  Is it permissible to publish the Qur’aan in English or any other language without the original Arabic text?

    This is not permissible. The Arabic text has to appear.

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    ·  In most of the processed dog and cat foods haraam meat and other haraam substances are used. Is it permissible to feed dogs and cats with such foods?

    It is neither permissible to feed animals with haraam substances nor to sell such impure haraam items.

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    ·  It has been said that the process of Qalbul Maahiyat takes place in soapmanufacture, hence soap is permissible even if haraam animal fat is used in it. What is the ruling if pig-fat is used?

    Although the process of Qalbul Maahiyaat (total transformation into another substances) occurs even if pig-fat is used in soap-manufacture, it is the view of our Akaabir Ulama that abstention is Waajib.

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