How to Write a Talaq (Divorce)

Q: How do I write a Talaq (Divorce)?

A: Your query refers. Due to high volume of questiions, there could have been a delay in our response. We do apologise.

A talaaq is written as follows:

Islamic Date
English Date
Husbands Name
Address

I (Full name) the undersigned, of sound mind and body, hereby declare that I have given my wife (full name of wife) one talaaq / or one talaaq-e-baain (depending on which type of talaaq the husband intends giving) as from the above date.


Signed:


....................................

There is no need for witnesses. This is just the basic form of talaaq. We advise husbands who intnend to divorce that they consult with their local Ulema for more details.

Female's Wudhu Breaking Through Touching

Q: Do non-Muslim male relatives break a Shaafi female’s wudhu?

A: If a male mehram, Muslim or non Muslim, touches a Muslim female, her wudhu will not break

Reward of Acts of Worship Reaching the Dead

Q: Does the Thawaab of physical Ibaadat reach the deceased?

A: Three types of reward (thawaab) reach the deceased from the actions of the living; (a) a Fardh Haj made on behalf of the deceased, (b) wealth given as Sadaqah or a debt paid on behalf of the deceased, (c) the benefit of Du’aa made by the living. There are two views as to whether the thawaab of Quran recitation reaches the deceased. The preferred view is that it does. One should ask Allah Ta’āla to convey the thawaab of the recital to the deceased. The thawaab of physical Ibaadat, e.g. Salaah, fasting, Nafl Haj, etc. does not reach the deceased. (Majmu, 15:521)

Position of Hands in Salaah

Q: Where will the Shaafi’ee keep the hands in the Qiyaam position in Salaah?

A: He will fold his hands below the chest, above the navel, in the iyaam position in Salaah. (Majmu, 3:313)

Zakaat on Dead Stock

Q: Zakaat was calculated on 'dead' stock that was valued at about R50,000.00 and when auctioned later, was sold for a mere R2000. The zakaat is still being discharged monthly and has not yet been fully paid. Does the amount still remain the same as originally calculated or would it have to be altered?

A: At the time of calculation, you had to value the stock according to its current market-related value. In other words, the true value would be the price those goods would have fetched had it been sold in bulk to a prospective buyer at the time of calculating your zakaat. If you are able to ascertain that value at this stage then adjust your zakaat accordingly.

Menstruation and no Fixed Cycle

Q : After childbirth I have not had an aadat (fixed cycle) for haidh. My last haidh I bled for 10 days and till now have not stopped bleeding. Today is the 15th day of bleeding. From when do I calculate my haidh? From which salah should I stop reading?

A: In this case your aadat or cycle will be ten days and the balance will be istihaadah. In future your monthly cycle will be 10 days full, until a month comes where you bleed for less than 10 days. It will be then be considered as if your aadat or cycle has changed. Resume salaah from the moment 10 days are complete. If bleeding continues indefinitely, then you must work on a cycle of 20/10. This means that 20 days will be considered as clean, and the next 10 will be haidh. During hose 20 days you should offer each salah with a fresh wudhu even if the bleeding continues. When those 20 ‘clean’ days are over, consider your haidh as having begun. The moment there is a change in your pattern, contact us again for the new ruling.

Selling a Waqf Property

Q: A house was given as waqf to a jamaat. A mutawalli sold it below value and invested the money in his own investment? Was it correct to sell waqf property? The other jamaat members were not happy with what he did though he says he will pay the jamaat back. So far he has only paid a little of the money. Should that mutawalli be asked to resign?

A: The Ulema are unanimous that selling waqf property is not permissible. The sale itself is not valid. Steps should be taken to cancel that sale and redeem the Waqf property. As for the trustee, well he has committed a serious breach of trust, on the basis of which he has disqualified himself from being a trustee. It is written in the Hanafi book of Jurisprudence, Raddul-Muhtaar that when a trustee breaches his trust, he is automatically disqualified from acting any longer in that position. He should, therefore, resign. If the sale is cancelled then this trustee has to reimburse the buyer for the price of that house. If due to legal technicalities, this could not be done, then the trustee has to pay the market value of the property back into the trust.

Cutting Nails at Night

Q: Is it permissible to cut one’s nails at night?

A: Yes, this is permissible. It is written in the book Al-Fataawal-Hindiyya that once the King Haroon Rashid asked Imam Abu Yusuf about clipping the nails at night. The great Imam answered: “It is advisable to do so.” The King then asked: “And what’s your proof for this?” The Imam replied instantaneously: “The Hadith of Rasoolullah (sallallahu alayhi wasallam): “A good act is never delayed.”

Marriage Without Sexual Relations

Q: Is nikah valid without sexual intercourse?

A: Even if a couple had no intimate relations after getting married, their nikah is valid and complete. Consummation of the marriage is not a condition for its validity.

Time for Sexual Relations

Q: How long after nikah should the couple have sexual relations?

A: Sexual intercourse can be done any time after nikah, depending on circumstances and the mutual agreement of the couple. But the hadith encourages a wife to respond to her husband if he desires her.

Sexual Intercourse in Room with Sleeping Infant

Q: Is sexual intercourse permissible in the room where an infant is asleep?

A: It is permissible for a couple to have sexual relations in a room where infants are sleeping. But care should be taken that they don't wake up while the husband and wife are engaged in this act. However, even though this is not a sin, but it is not advisable. It is better for the couple to be in another room when having intimate relations, if this is possible.

Removal of Pubic Hair

Q: I am 14 years old. Is it necessary for me to shave my pubic region (front private part) hairs?

A: Once hair grews in the pubic area (around the front and back private parts) then it becomes necessary to shave. It is not permissible to leave the hair for 40 days without shaving. So yes. regardless of your age, when hair appears, it must be shaven. Also note that you need to shave hair around the anus as well (that is, the back private part).
Ref: Raddul-Muhtaar, Alhazr wal Ibaahah

Removal of Body Hair

Q: What does Islam say about the removal of unwanted body hair?

A: When hair appears under the armpits and from below the navel to around the anus, such hair has to be removed. The Messenger of Allah, Muhammad (salllallahu alayhi wasallam) said that removal of this hair is among the important teachings of Islamic culture (Bukhari and Muslim). The Muslim Jurists have ruled that one should shave this hair at least once every 40 days. To leave it for longer than 40 days is not permissible.
In the case of a female, she should remove facial hair as well, for it is only men whom are commanded to keep a beard and moustache.
A female is allowed to use ointment or cream to remove any unwanted hair.

Mahram and Umrah

Q: My husband doesn't pray. I want to take him on umrah but he said no. I have no other mahram. What can I do?

A: It is indeed a great act on your part to offer to take your husband for Umrah. Whether he prays his salaah or not, it is his duty to accompany you as a mehram. However, if he refuses to go with you, you cannot force him. The alternative would be to either look for another mehram, such as your brother, father, uncle, nephew, or son (if you have a baaligh son), or else postpone your umrah for another date.
A woman is not allowed to travel without her husband or a mehram. This ruling is mentioned in many hadith of our Rasool (sallallahu alayhi wasallam).

Calculating Mehr (Dowry)

Q: How does mehr work? Does the boy have to give the Mehr e Faatimi?

A: It is not necessary to stipulate the mehr-e-fatimi. This is a sunnat form of mehr for those who can afford it, especially since nowadays the mehr-e-fatimi is quite high. The bridegroom may stipulate any amount of mehr as long as it is more than the minimum mehr.

Delaying Witr Salaah until Tahajjud Time

Q: Is it jaaiz (permissible) to delay witr salaah until tahajjud time?

A: If one is sure of waking up for tahajjud then it is actually better to delay the witr salaah and perform it after completing tahajjud but before subuh sadiq. If one does not have this assurance then better to perform it before sleeping.

Iemaan and Throwing Down the Qur'aan

Q: Will a person’s iemaan leave him if he throws the Quraan down due to anger?

A: If this was done deliberately out of disrespect for the Holy Quran then such a person loses his iemaan. However, if it was done out of anger and not in violation of the sacredness of the Holy Quran, then though the person remains a Muslim, but the act is very serious and a major sin for which abundant istighfaar must be made.

Masturbation and Adultery

Q: Is masturbation equal in sin to zinaa (adultery)?

A: Masturbation is definitely a form of zinaa, and is haraam, but is lesser in gravity than the actual zina between male and female. Allah Ta’ala states in the Holy Quran: “And whoever seeks any other (avenue of lust) besides these (the wife and female slaves), they are the transgressors.” Surah Muminoon (23) verse 7. This verse makes haraam any form of sexual activity besides sex in marriage and sex with females slaves. The latter obviously does not exist today.

Widow Wearing Imitation Jewellery

Q: Can a widow wear imitation jewelry?

A: If the widow is in iddat, she may not wear any jewelry or adornment. If she is not in iddah then the law that applies to all women (widows, divorcees, single, married) is that they may wear any type of imitation jewelry except rings. Finger-rings must be of either gold or silver.

How does one know if Allah is Pleased?

Q: How would an individual know if Almighty Allah is pleased with him/her?

A: Allah has described true guidance as that which was brought by The Messenger of Allah (sallallahu alayhi wasallam). The Messenger of Allah (sallallahu alayhi wasallam) in turn promised salvation for those who follow his Path and the Path of his Sahaaba. Hence, if one is acting on the teachings of Allah’s Rasool (sallallahu alayhi wasallam) and following the sunnat of His sahaaba, then such a person has pleased Allah, and Allah is pleased with him. Add to this continuous repentance and istighfaar for mistakes and sins that we always fall prey to, and you have the formula of pleasing Almighty Allah.

Forgetting Sajda Sahu

Q: If one had to make sajda sahu for a particular salaah, but forgot to do so. What is the position of that salaah? Must qadha be made for it?

A: If one forgot to make sajda sahu and realised this immediately after the salaah, then it is waajib to repeat that salaah if the time of the salaah is still valid. However, once the time expires, there is no qadha to be made, because the faradh has been discharged.

Missing a Rakaah and Salaam with Imam

Q: I joined the jamaat after missing one rakaat. When the Imam made salaam at the end of the salaah, by mistake I also made salaam. Realising my mistake, I immediately stood up. I had turned my head completely when making the salaam. I then proceeded to fill in the missed rakaat. Was my salaah valid?

A: Your salaah was valid but you had to make sajda sahu for that error.

Reading Tasbeeh on Fingers

Q: What is the correct option when reading tasbeeh on the fingers; should one use only the right hand or can you use both hands?

A: One is allowed to use both hands, although some books mention preference for using the right hand only. In practice let us do both at different times.

Working at a Bank

Q: A boy intends to marry me but he works at bank. How do I advice him about leaving that job?

A: Working in a bank is not totally Haraam. Some types of work in the banking industry are lawful. If his work entails involvement in riba (interest) then such work is Haraam. Our advice for him is to look out for another job as a matter of urgency, but in the meantime continue working at the bank. However, if he is working in an Islamic bank, then his job is totally lawful and permissible. In this case he doesn’t have to leave the job. If you need any advice on the Islamic banks, please contact us again.

Beef Bone Gelatine

Q: Is the ruling of beef skin gelatine also applicable to gelatine from beef bones?

A: Animals that are not slaughtered according to Islamic requirements are Haraam. This includes the meat, bones, skin, etc of such animals. Therefore, gelatine made from beef bones will have the same ruling as gelatine made from the skin. If slaughtered Islamically it will be Halaal, if not then it will be Haraam. If Halaal animals are mixed with Haraam animals then all will be considered as Haraam.