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Wednesday, December 31, 2008

Husband Smoking Marijuana

Q: What's the faith of a woman who distances herself from a husband who smokes marijuana?

A: A wife has to remain fatihful towards her husband as long as she is married to him. She has to continue to fulfill the rights of the marriage as commanded by Shariah. Therefore, even if the husband is onto drugs or marijuana, she has to still maintain his rights. Perhaps the husband needs help to overcome this problem. The wife could provide some assistance. However, if this habit of the husband causes him to continuously break her rights and not fulfill marital dues, then the wife may seek a divorce or annulment. But that must be determined by local Ulema who will study and judge the case on its merits.
If by "distancing" you mean that the wife remains in nikah but keeps aloof from her husband, then although this is permissible, but she still has to fulfill the rights of nikah. If him being in that state causes grief and anguish to the wife during sexual relations, then she is allowed not to allow him access to her body while he is under the influence of marijuana.

And Allah knows best.

I suggest a couple facing this problem go to local Ulema for counselling and help. May Allah bring about a cure to this evil, aameen.

Tuesday, December 30, 2008

Falling in Love with Sheikh

Q: When I listen to any sheikh, I fall in love with him. I am 15 years old. What can I do?

This is the trick of Shaytaan and the Nafs. By involving you in this 'love' for the Shaykh, Shaytaan is preventing you from the actual purpose of listening to the Shaykh, which is Deeni benefit.
You should observe strict Hijaab from these Shaykhs.
You should refrain from listening to the Shaykhs for a period of time, until you can rid yourself of this malady. Gain knowledge, etc. from female teachers, read Deeni books, etc. This 'love' will eventually make you fantasize, which is Haraam. Save yourself by refraining from listening to them. Recite in abundance:

لَا حَوْلَ وَ لَا قُوَّةَ اِلَّا بِاللهِ

Tell yourself that these Shaykhs may be teaching and reciting beautifully, but are much elder than you, and old enough to be your father. You should respect them as you would respect your father, and not entertain any illicit thoughts regarding them.
May Allah Ta'aala make it easy for you. Aameen.

Prepared by:
Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai

Belly Piercing

Q: Is belly piercing haraam (prohibited)?

A: Belly-piercing is sinful in Islam because it is practice of belle dancers and prostitutes. The Holy Quran and Noble Hadith of Our Rasool (sallallahu alayhi wasallam) prohibit the imitation of cultures and styles of lewd and evil people. Hence piercing of the stomach is not permissible.

Mufti Siraj Desai

Maximum Amount a Lady Can Uncover

Q: What is the maximum amount of herself that a woman can uncover in the presence of ghair-mahrams?

A: In cases of necessity a female may expose her hands and face. However, it is ultimately better that she covers her face, too, for the 'Ulema have ruled that in times of corruption a woman should not even expose her face. The features of the face inevitably attract the looks and attentions of men. (Raddul Muhtaar V26 P398)

Prepared by:
Moulana Yusuf Laher
Checked and ratified by:
Mufti Siraj Desai

Monday, December 29, 2008

Correct Pronunciation of Arabic Letters

Q: What is the correct pronunciation of Arabic letters?

A: Proper pronuniciation of Arabic letters can only be acquired from a qualifed Qaari or Hafiz. This cannot be obtained or learnt from writings. However. there is one point that we can provide guidance on, and that is the Arabic alphabet must not be uttered like the Urdu alphabet. For example one should say Baa, Taa, Thaa, Raa, Zaa, Haa, Khaa, etc., and not Be Te Se, is normally said for the Urdu letters. Beyond this, I reiterate, one has to go to a qualified Qaari for such learning.

Issued by:
Mufti Siraj Desai

When was the Zaboor (Psalms) Revealed

Q: When was the zaboor (original Psalms) revealed?

A: The zaboor was revealed in the time of Prophet Dawood (David alayhis salam) during the middle of the month of Ramadaan. This has been mentioned by Imam Suyooti in his book Al-Itqaan.

Mufti Siraj Desai

Friday, December 26, 2008

Istikhaara and no Dream

Q: I read istikhara but did not see any dream. What do I do?

A: In istikhara it is not necessary that one will see a dream, or that the dream will clearly show which course of action to take. Sometimes one will be overtaken with a strong feeling to adopt one course of action, then that too, is an answer to the istikhara. Sometimes it depends on what one is making istikhara for.
If you need further clarification then perhaps you should tell us what were you making istikhara for and whether after the istikhara you had expereinced any strong inclination towards a particular action.

Mufti Siraj Desai

Marital Conflict and Seeking Advice

Q: I need to find advice with regard to the situation I find myself in at the moment.It relates to my marriage.Please advise me as to who I can seek some advice and direction from.

A: Seek counsel from the Ulama in your area, or elder members of your family, or elders of your area, especially those who are steadfast on the Deen (religion of Islam).
May Allah Ta'aala grant you ease. Aameen.


Thursday, December 25, 2008

Father Teaching Son to Shave Pubic Area

Q: I am father. My son is 14 years old and has to shave his pubic area. Can I do it for him once in order to advice him?

A: The father cannot shave the pubic hair of his son since this entails exposure of the satar or private areas. The boy should do it himself. The father can advise him what to do and how to do it, but cannot physically show him. This is haraam.

Was salaam
Mufti Siraj Desai

Dyeing Grey Hair for Husband

Q: I am a woman. Is it haram (prohibited) to dye grey hair to add to my beauty for my hus band to see?

A: It is permissible to dye the hair for the sake of your husband but not black. as this is forbidden by the Hadith of Our Rasool (sallallahu alayhi wasallam). Also, do not use dye which contains Haraam ingredients.

Mufti Siraj Desai

Wife Leaving Islam

Q: My wife accepted Islam because I asked her, now she doesn't want to be Muslim. Do I leave her?

A: If she has already left Islam, get some learned people to speak to her to remove her doubts and convince her about Islam. If she agrees to come back into the fold of Islam, renew your Nikah with her. During this period of trying to persuade her to come back into the fold, sexual relations and intimacy (kissing, etc) are not permissible. If she refuses to return to Islam then you will have to leave her. You cannot be married to her as long as she remains out of the Deen of Islam.

Prepared by: Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai

Husband Sucking Wife's Breasts and Drinking Breast Milk

Q: Can a husband suck the milk of his wife's breast and does it effect the Nikkah (marriage)?

If the husband sucks the wife's breasts and drinks the breast-milk, the Nikah is not affected in any way. The wife does not become haraam upon the husband. However, even though the nikah remains intact, it is not permissible to drink the wife's breast-milk. (Qaadhi Khan and Fataawa Rahimiyyah v.2 p.112)

Prepared by: Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai

Wednesday, December 24, 2008

Identifying Dead Female as Muslim or not

Q: If a dead body of a female is found, how we can recognise that she was a Muslim or a non Muslim?

If one is aware that Muslim women in the area use mehndi. or dress in a certain way, or apply a certain makeup peculiar to Muslims then this could be used as signs to determine the religion of the deceased female. Other that this, there is no way to ascertain from her body whether she is Muslim or not.
In that case you need to do the following:
a) Check for identification on her.
b) Ask people in the area where her body was found. Perhaps someone will know her.
c) Find out from the police and the 'Missing Persons Bureau' if someone with her description has been reported missing.
In the absence of proper identification from the above sources, one should use discretion. If the heart strongly feels that the deceased is a Muslim then give her an Islamic burial. If not, then wrap the body in one or two pieces of cloth, dig a hole and bury it. There will be no duas, janaaza salaah, etc.

Prepared by:
Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai

Tuesday, December 23, 2008

Females Removing Hair and Nails Before Qurbani

Q: Is it permissable for females to remove hair and cut nails in the 10 days before slaughtering Qurbani (Udhiyyah)?

A: It is permissible for males and females to remove hair during this period. There is no sin in doing so. However, there is reward for leaving the nails and hari till after Qurbani.

Mufti Siraj Desai


Q: Can one take out insurance with the company called Takafol South Africa (Pty) Ltd?

A: Takafol Souht Africa is certified and overseen by senior Muftis and local Ulema. So to take out Islamic insurance with Takafol will be permitted.

Monday, December 22, 2008

Leaving Home During Iddat When Life is in Danger

Q: Can a woman leave her home at time of her iddat if her life is in danger?

A: If a woman observing iddat is in real danger of losing life or limb, or she suffers from acute fear when alone, then she may leave her home and stay in a safer place. (Fataawa Hindiyyah V1 P535, Aljauharatun Nayyirah V4 P310)

Mufti Siraj Desai

Reasons for Refusing to Follow a Person in Salaah

Q: What reasons, if any, based upon which you can refuse to follow a particular person in salaah?

A: Only such a person should be appointed as Imaam whom people are pleased with. But their disapproval should be based on valid Islamic grounds, not on personal motives or unsubstantiated claims. If the Imaam falls under the category of 'faasiq', he should be replaced, but as long as he leads the congregation, people should continue to offer salaah behind him. It is better to perform Salaah behind a faasiq than performing it alone. A faasiq is one who commits a major sin openly at least twice, or commits minor sins on a continuous basis without taubah.
If a person holds a kufr belief, such as beliefs of Qadianis, Bahaais, Shias, etc. then he cannot be appointed as Imaam for salaah. In fact salaah behind him is not valid for that man is not a Muslim. The only valid reason for refusing to perform salaah behind an Imaam is if he maintains views and beliefs that are clear-cut kufr (disbelief, apostasy).
And Allah Knows Best

Mufti Siraj Desai

Proofs for Taqleed (Following) a Math-hab

Q: Is it necessary to follow any one the Madhabs? If yes, what are the authenticated Hadheeth proofs?

A: Taqleed of one Alim or Imam can be proven from The Quran-e-Kareem, Ahadeeth of Rasoolullah (sallallahu alayhi wasallam), and practices of Sahaaba. We cite a few examples:

► Allah Ta'ala states in Surah Ambiyaa, verse 7: "And ask the People of the Book, if you have no knowledge" In this verse Allah Ta'ala commands those who have no knowledge of their Deen to ask those who are learned. This is exactly what taqleed is all about, the non-learned finding out from the learned.
► In Surah Luqman, Allah Ta'ala commands: "And follow the path of he who has turned to Me;" Further on in this treatise we will explain that a math-hab means a path or method of Fiqah. Indirectly, the above verse orders us to follow the 'math-hab' of people who made inaabat ilallah, i.e. turned to Allah in taqwa and good a'maal. Such virtue is not found more prominently in any besides the four great Imams of the past.
► In one hadith Rasoolullah (sallallahu alayhi wasallam) commanded: "Speak about the Quran (only) that which you know. As for that which you do not know, leave it to the Alim of the Quran." (Mishkaatul Masaabeeh) The Messenger of Allah also commanded: "And grab hold of the guidance of Ibni Mas'ud ". (Ibid) These statements are clear instructions to make taqleed of one Alim.
► When Hazrat Abdullah bin Abbas (radhiyallahu anhu) took up temporary residence in Makka, most of the Muslims there made his taqleed in all laws of Shariah, and even gave preference to his fatwas over those of other Sahaaba-e-Kiraam (radhiyallahu anhum) who were permanent residents of Makka Mukarrama. (Al-Hujjatullahil Baaligha)
► When Muslims of Madinah came to Makka for hajj and were faced with a problem regarding the hajj of a woman in her menses, they acted on the fatwa of their Mufti, Hazrat Zaid bin Thabit (radhiyallahu anhu). Meanwhile, the ruling issued by Hazrat Ibni Abbas on the same issue differed with the fatwa of Zaid bin Thaabit, yet the people of Madinah made taqleed of the latter. (Saheeh Al-Bukhari)

These few examples provide irrefutable evidence that taqleed-e-shakhsi, which is the following of one Alim or Imam, is an indispensable part of Shariah.
Ulema of the past two centuries are unanimous that taqleed of a math-hab is wajib, because without following a math-hab one cannot truly practice on one's religion.

Issued by:
Mufti Siraj Desai

Adulterer Marrying a Chaste Woman

Q: If a man who has comitted zina (adultery) repents and wishes to marry a chaste woman, is this halaal?

A: If one has repented from zinaa and wished to marry a chaste woman or a virgin, this is totally permissible; there is nothing stopping that person from doing so. The nikah will be valid and there is no sin of any sort.

Mufti Siraj Desai

Kissing and Secretions from Private Parts

Q: While husband and wife are simply kissing each other and secretions come out from the private parts, will Ghusal be necessary?

A: This depends on the type of secretion. If the secretion is mazhi, wudhu breaks but ghusl is not necessary. The area will have to be washed and the soiled clothes will either have to be changed or washed. Mazi is a sticky, colourless liquid that is discharged from the private part at the time of arousal. If the discharge was that of mani or semen then ghusl becomes necessary. Mani is a thickish fluid, the colour of which varies from whitish to yellowish, and is discharged through ejaculation or orgasm. The difference between mazhi and mani is that the former emerges gradually and without force, whilst the latter is emitted with force and all at once.

Prepared by: Moulana Yusuf Laher

Checked and Ratified by:
Mufti Siraj Desai

Is Qurbaani Once in a Lifetime

Q: If you have made qurbani before do you have to do every year?

A: Qurbani is an annual act of worship, like fasting and zakaat. It is not a once-in-a-lifetime act, as Hajj. If the conditions that make Qurbani compulsory are found in any year, Qurbani will be compulsory for that year. Making Qurbani previously does not absolve one from Qurbani in the future years.

Prepared by:
Moulana Yusuf Laher
Checked and approved by:
Mufti Siraj Desai

Law Contradicting Qur'aan

Q: If we find some law of our madhab contradicting Quran (like the way of divorce as in Hanafi madhab) should we still follow it ignoring the Quran, or should we follow the word of Allah?

A: Firstly understand that the laws of the Madhab do not contradict the Qur'aan, but are taken from the Qur'aan and Sunnah. Our lack of understanding and in-depth Deeni knowledge makes it seem as if the Madhabs contradict the Qur'aan and Sunnah. This is a false notion.
Furthermore, we are not aware of any method of Talaaq in the Hanafi Madhab that contradicts the Qur'aan. Please elaborate.

Prepared by: Moulana Yusuf Laher
Checked and ratified by:
Mufti Siraj Desai

Tuesday, December 9, 2008

Qurbani for a New Born Child

Q: If we do Qurbani for our newborn baby, do we get reward?

A: There is no qurbani for a new born baby. Instead the Shariah has ordained aqeeqa for a new born baby. This is mentioned in hadith and The Rasool (sallallahu alayhi wasallam) made aqeeqa for his grandsons. Hence, aqeeqa will be more rewarding and it also serves as a means of protection for the child.

Qurbani for a Deceased

Q: Is qurbani allowed on behalf of a deceased person?

A: One is allowed to make Qurbani for a deceased. This is substantiated from the books of Hadeeth and Fiqh.
Rasulullah (Sallallaahu Alayhi wa Sallam) requested Sayyidina Ali (Radhiyallaahu Anhu) to offer Qurbani on his behalf after his demise, as mentioned in Tirmidhi (V.4, p.84), and Abu Dawood (v.3 p.50.).
It is stated in the Fiqh work Raddul Muhtaar (v. 6, p. 404) of Allaamah Ibn Aabideen that a man is allowed to convey the rewards of his good deeds such as prayers, fasting, charity, hajj, etc. to another.
In Hidaayah, a renowned Hanafi Fiqh book, it is clearly stated that when one offers charity the intention of reward should include all believing men and women.
This is the belief of the Ahlus-Sunnah wal Jamaa'ah.

Prepared by: Moulana Yusuf Laher
Checked and ratified by:
Mufti Siraj Desai

Muslim Woman Marrying a Christian Man

Q: Is it allowed in Islam for a Muslim woman to marry a Christian man or one who has converted to Islam?

A: It is not permissible for a Muslim lady to marry a Christian man, unless he converts to Islam. It is reported by Imam Abu Dawood that Abdullah bin Abbas (radhiyallahu anhu), who had divinely been appointed as the Chief of Commentators of the Quran, said: "As regards the verse: 'And do not marry polytheistic women (mushrikaat)', marriage to women of the Ahle-Kitaab have been excluded therefrom, for such women are halaal for Muslim men. However, Muslim females have been prohibited from marrying their (Ahl-e-Kitab) men. The same fatwa has been narrated from Imam Hazan and Imam Mujahid, and it is the view of Hanafi and Shaafi'ee Scholars. (Tafseerul Aaloosi v.2 p.216)

Prepared by Moulana Yusuf Laher
Checked and approved by
Mufti Siraj Desai

Eating Shark Meat

Q: Is it permissible for us to eat shark meat?

A: Shark falls under the category of fish, hence it is halaal. The hadith mentioned that among sea cretures, only fish is halaal. Therefore, any creature of the sea that belongs to the cateogry of fish, will be halaal for consumption.

Hajj and Menstruation

Q: Can a lady performe haj during menstruation?

A: All the acts of Hajj can be performed during menstruation, i.e. Wuqoof at Arafah, Muzdalifah, stoning, etc., except the Tawaaf. Tawaaf, be it Ziyarat or Widaa', may not be performed in the state of menstruation. The woman will have to wait till she is clean before performing the tawaaf.
Tawaaf and entering a Masjid in the condition of menstruation is not permissible.

Divorced Lady and Qurbani

Q: Is it incumbant upon a single (divorced) female to perform qurbani?

A: If qurbani is wajib (obligatory) upon this dirvorcee then she will be have to do it. Qurbani becomes wajib if one has extra money that is equal to the nisab of zakaat, or one has any item such as furniture, equipment, machinery, etc. that is not in daily use and has a value of the nisab. Find out the exact value of nisaab from your local Imam or Aalim.