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Wednesday, December 23, 2009

Qurbani Meat for Walimah

Q: Can the meat from a qurbaani animal be used to feed people at a walima? Must one third of the meat be given away?
A: It is permissible to use Qurbani meat to feed people at a walima on any other feast. It is not necessary or compulsory to give one third of the meat away. This is something optional and meritorious. It is sunnat to divide the meat into three portions: one for friends and family, one for the poor, and one for one’s own use. But if one did not do so and kept all the meat instead, or gave all away, there is no sin.

Mufti Siraj Desai

Sex During Pregnancy

Q: Is sex allowed during pregnancy and when should it stop?
A: Sex during pregnancy is permissible on condition that this does not cause any physical harm to the baby. This too, will determine the time when it should stop.

Mufti Siraj Desai

Hadith of Madinatul Ilm

Q: According to the Ulama of Ilm ul Hadith, what is the status of the authenticity of the famous hadith that is attributed to the Prophet sallallahu alaihi wa sallam: "I am the City of Knowledge and Ali is its gate?" I want to know what the opinion of the ulama of the Deoband is on the authenticity of this hadith.
A: Jazakallah for your interesting and important query. Regarding the hadith أنا مدينة العلم وعلي بابها
(I am the city of knowledge and Ali is its door) we have proof that this is an authentic hadith and not fabricated, as some have claimed. Here are the quotations:

1. Imam Haakim narrated this in his Mustadrak and termed it saheeh. It must be noted that Imam Haakim compiled the mustadrak for the sole purpose of recording those saheeh Ahaadith that are not found in Bukhari and Muslim. Tabarani also narrated this in Mu’jam Al Kabeer.

2. Though Bukhari, Tirmizhi, and Yayha in Mu’een disputed its authenticity, and some such as Abu Haatim and Yahya bin Sa’eed went on to totally negate the very origin of this hadith, other scholars have given opposite findings. Abu Sa’eed Alaa-ee and Hafiz Ibni Hajar said that this hadith is of the hasan category and is tenable proof because of the numerous chains through which it has been transmitted. Ibni Hajar Makki supported this view as well, and also quoted the authentication of Imam Haakim. He further states that those who brand this hadith as fabricated have erred.
Extracted from Al-Maqaasidul Hasanah and Kashful-Khifaa.

And Allah knows best
Mufti Siraj Desai

Salaah on an Aeroplane

Q: I have many questions regarding salaah on an aeroplane. Is it necessary for a person in aeroplane to make Wudu and then perform Qasr Salaah? How we will do Ruku and Sujood on the seat? When does the travel end: When the plane reaches the destination airport or when we reach the hotel or some other place? My stay will be more than a week.

A: If you are on a plane and it is time for a Salaah and the time for that particular Salaah will expire before landing, it will be necessary to perform it on the plane. Ask the crew members for Qiblah direction and perform the Salaah standing at the back of the plane with Ruku and Sajdah. If this is not possible then read the Salaah while in your seat. In that case you may face any direction. Bend slightly forward for Ruku’ and a little more for Sujood. It is preferable to repeat the Salaah read on the plane after landing and arriving at the hotel or lodging. Travel wherein Qasr is permissible, which is 77 km or more, begins when one leaves the boundary of the hometown. Qasr will be performed en-route and also at the destination if one is staying for less than fifteen days. Qasr will also be performed on the return journey till one reaches the boundary of one’s hometown.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Wife Masturbating Husband

Q: Can a wife masturbate her husband?
A. It is permissible for the wife to masturbate the husband. It is not permissible for him to do it with his own hand. (Raddul Muhtaar V15 P75).
Mufti Siraj Desai

Zakaat to Family Member

Q: I got a zakat money from a source. The source gave me the money to distribute among needy people. The source has given me the authority to make the decision to whom I give the zakat. Now, one of my family members lives abroad and he is unsable to earn any single penny to bear his living expense. Can I pay him a portion of the zakat money?

A. If the person who gave you the Zakaat to distribute gave you complete authority to distribute according to your wishes and did not stipulate particular people to be the recipients of the Zakaat, then you may give your members from that Zakaat provided they qualify to receive Zakaat.

Mufti Siraj Desai

Juma in Musjid

Q: Is it a requirement for the validity of Jumuah that it be in a masjid and not an ordinary Musallaa? If so, what is the proof for it?
A: If you look at the conditions for the validity of Jumu’ah Salaah in all Schools of Fiqh, you will not find any mention of a Masjid as a condition for Jumu’ah Salaah. According to all math-habs Jumu’ah is valid even in an open field or the Eid musalla. However, since it was a standard practice of the Messenger of Allah (Sallallaahu Alayhi wa Sallam) to offer his Jumu’ah only in the Masjid, unlike the Eid Salaah which he regularly offered at the Eidgah, we will say the Masjid is Sunnah Mu'akkadah for Jumu’ah. Hence it will be sinful to make Jumu’ah in a place other than the Masjid on a regular basis for this is contrary to Sunnah. Once in a while it will be permissible to do so.
Mufti Siraj Desai

Sajdah with a Turban

Q: If I am wearing turban, which is covering my forhead, and I do sajda such that the bare forhead does not touch the ground, rather it touches over the turban, is that fine? Or must my bare forehead touch the ground?
A: If the firmness of the ground could be felt through the turban, the Sajdah will be valid, otherwise not. It is best that the actual forehead touches the ground. (Al Jauharatun Nayyirah V1 P214)

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Shaving and No Pubic Hair

Q: If there is no or very little hair on pubic areas is shaving still compulsory?
A: If there is no hair, there will be no need to shave. If there is little hair and it has lengthened, it will be necessary to shave it. It is necessary to shave at least once every 40 days. So if the hair was left for 40 days, then regardless of how short it is, one must shave. Not to do so is sinful.
Mufti Siraj Desai

Reciting Duas in Toilet

Q: Is it ok to make the duas for/during wudu in your heart while in the toilet?

A: When making Wudhu in a combined bathroom and toilet, one should not read the Du'aas of Wudhu loudly. Instead these should be read in the mind.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Wudhu Naked

Q: Can Wudu be performed in the toilet without clothes on?

A: Wudhu in the toilet while naked is valid, but avoid making this a habit.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Seeing Spouse Naked and Wudhu

Q: Does wudu break if you see your spouse without clothes?

A: Seeing the spouse without clothes does not break Wudhu of either spouse.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Disobedience to Mother

Q: About 25 years ago I went to visit my mother. One day during lunch time meal she was giving me motherly advice about leading a decent life. Somehow for no apparent reason I got angry at her. I had bread in my hand and threw it to my mother’s plate and walked away. At that time I felt no remorse of my horrible action against my beloved mother and I never apologised to my her. The same year my mother passed away and I never asked her for forgiveness. Today when I remember my transgression to my beloved mother I feel so guilty and ashamed of myself. What should I do to remedy this since my mother is late now?
A: Never lose hope in the Mercy of Allah Ta'aala. The very fact that you regret the action is a good sign. You cannot seek her forgiveness because she has already passed away, but you can do the following:
a) Make Du'aa in abundance for her.
b) Whenever possible, give charity on her name.
c) Perform Nafl Salaah, recitation of the Qur'aan etc. and ask Allah to pass the reward of that act to her.
d) If your parents are buried nearby then make an effort to visit their graves every Friday. It comes in the Hadeeth that a person who visits the graves of his parents every Friday will be written down in the Records of Allah as an obedient child. (Mishkaatul-Masaabeeh) When visiting their graves read Surah Ikhlaas, Faatihah, and any portion of the Qur'aan, and send the rewards to them. Also make Du'aa for them at the graveside.
e) When reading Yaseen daily, send the reward of this Surah to your mother and father.By doing the above-mentioned, hopefully Allah Ta'aala will forgive you and have mercy on you. May Allah Ta'aala grant you ease. Aameen.

Moulana Yusuf Laher
and Mufti Siraj Desai

Reading Salaah Aloud

Q: I use to offer Salaah aloud. My intention was to teach my son. Is this alright?
A. It is compulsory to recite softly in the four Rakaats of the Fardh of Thuhr and Asr, in the third Rakaat of the Fardh of Maghrib and the second two Rakaats of the Fardh of Eshaa. Do not recite loudly in these Rakaats. Teach your son at other times.
Make a two Rakaat Nafl Salaah and read aloud. This is one way you can teach your son. Also let your son read a two Rakaats Salaah aloud and you listen to him.
Mufti Siraj Desai

Monday, December 21, 2009

Machine-slaughtered Chicken

Q: We live in America and halal chicken availabe is machine cut. The machine cuts the chicken and the person says the TASMIYAH but the machine goes faster then the human so he can not say on each. Is this chicken is halal?

A:
Machine-slaughtered chicken is not Halaal. Firstly, as you quite rightly stated, the operator of the machine cannot recite Tasmiyah on every bird. Secondly, the Shari'ah requires that the slaughtering be done directly with the hand, not with a hand-operated machine.

Mufti Siraj Desai

Contraception in Islam

Q: Does Islam allows the use of contraceptives or protection to be used during the intercourse with ones wife?

A: Use of condoms if a form of contraception. This is permissible under the following conditions:
A) When it is established through experience or expert medical advice that pregnancy will endanger the life of the mother or the foetus-to-be, or she will suffer serious complications to her health.
B) When the mother is unable to cope in the rearing of children for social or economic reasons, such as her having to go out and work for a living when the husband is invalid or not willing to earn an income.
C) When the couple live in such a remote area where they fear for the morals and Deeni upbringing of their kids.
D) Due to physical weakness or terminal illness the mother cannot rear children, and the family is not by the means to employ people for this purpose.
E) The couple intend separating in the near future, or the wife fears her husband may divorce her soon, or desert her.
F) To enable the couple to provide proper education and discipline to their offspring, contraception is used to space out pregnancies.
Resorting to contraception for fear of poverty, or to enable the wife to pursue a career, or merely because it is ‘fashionable’ to have small families, is not permissible. Further, the moment the above reasons no longer exist, use of contraception will once again become unlawful.

Mufti Siraj Desai

Discharge and Bath

Q: Whenever I think about my wife while speaking, something gets discharged from my front private part? What is that? Do I need to ghusl (have a bath)?
A: If the discharge is a transparent sticky liquid, it is called Mazi. Discharge of Mazi breaks Wudhu and makes the clothes Najis but does not break Ghusl. Wash the area and remove and wash or change the soiled clothing.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Calling Wife a Sister

Q: If a husband calls his wife his 'sister' in fun or as a joke, will this break the nikah (marriage)?
A: The Nikah will not break, but it is Makrooh and sinful to call your wife 'sister'. (Raddul Muhtaar V12 P213)
Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Court Marriage Only

Q: My husband and I have been married for 5 years. He is Muslim and I have recently converted to Islam. We did not have an Islamic marriage, we were just married in the court. I think this is Zina (adultery) and I need to know what to do about it. I have recently converted to Islam and I need to make sure we are doing everything the right way. Will my husband and I be forgiven if this is Zina? Tell me what I should do please.

A:
Firstly, you need to make Nikah (marriage) all over again. Go to the nearest Aalim, Moulana, Shaykh or Imam and ask him to perform your Nikah, which will be done as normal and with a new dowry. Thereafter make sincere repentance to Allah for making such a big mistake. But rest assured, Allah is Most Merciful. Once you make sincere repentance and you do the Nikah over again, Allah will grant total forgiveness. There is no doubt in this.

Mufti Siraj Desai

Applying Mendhi During Menstruation

Q: Can a lady apply mehndi during menstruation?

A: Mhendi can be applied during menstruation.

Mufti Siraj Desai

Wednesday, December 16, 2009

Shark Meat

Q: I am Hanafi. Can i eat shark meat? I have heard that 60% of fish fingers is made out of shark meat.

A: Shark is a fish, hence 100 percent halaal.

And Allah knows best
Mufti Siraj Desai

Missing a Word in Surah Fatiha

Q: If i have a doubt whether I missed a word of surah fatiha what should be done? If I have my doubt in rukuh or sujud can I stand back and recite surah fatiha again and continue the prayer as normal? Do I have to do sajda sahu and while doing sajda sahu for that, if I miss one sujud is my prayer acceptable?
A: If you merely have a doubt then ignore it. If you are sure you missed a word or an aayah then you should make sajdah sahu.If you missed one sajdah forgetfully while making sajdah sahu then your salah is complete. (Tahttaawi alaa maraaqil falah)

Moulana Naziem Moosagie
Checked and ratified by Mufti Siraj Desai

Aqeeqa with Meat from Butchery

Q: Is it necessary to purchase a live animal for Aqeeqa, or one can one purchase just the meat of that animal from a butcher to celabrate Aqeeqa?

A:
Aqeeqa can only be done by slaughtering a live animal, not be buying fresh meat from a butchery.

Mufti Siraj Desai

Tayammum for Ghusl

Q: Is it correct that when no water is available and a person is in a state of janabat (needs a compulsory Ghusl/bath), he may perform tayamum? If so, when water does become available, does such a person then have to perform ghusl or will he be considered paak (clean)?

A:
Yes he should make tayammum.However when sufficient water becomes available then his tayammum will break and he has to make ghusl.
Checked and approved by Mufti Siraj Desai

Keeping Missed Fasts on Alternate Days

Q: Is it necesary for my wife to keep missed fasts in continuity or can she keep fasts on alternate days?

A:
She can keep the qadha on alternate days. It is not necessary to keep all qadha consecutively.
Mufti Siraj Desai

Qurbaani and Aqeeqah in a Buffalo

Q: As a buffalo equals 7 parts in Qurbani, can I offer aqeeqah in some parts of those 7 while others offer qurbaani?

A:
Yes you can.
Mufti Siraj Desai

Our Aqeedah

Q: Do you belong to the Ahlus Sunnah?

A:
We belong to the Ahlus-Sunnah wal Jama’ah. We follow Quran and Sunnah, as well as the fatawas of Sahaaba and Great Imams of the past. We belong to the Hanafi Math-hab, and we encourage taqleed of one particular math-hab. We respect all Imams and math-habs.

Mufti Siraj Desai

Tuesday, November 17, 2009

Counting Zikr with Fingers

Q: Can you please explain the sunnat method of doing zikr with the fingers with proof?
A: It is sunnat to count the tasbeehaat on one’s fingers while making thikr, whether this is done after salaah or at any other time. Hazrat Abdullah bin Amar (radhiyallahu anhu) says that he saw The Messenger of Allah (sallallahu alayhi wasallam) counting the tasbeehaat on his fingers. This hadith is mentioned in Mustadrak of Haakim, Abu Dawood, and Saheeh ibni Hibbaan.
Mufti Siraj Desai

Multiple Umrahs Before Hajj

Q: I will be traveling for Hajj with my husband. Can I perform multiple umrahs by myself if my husband does not wish to do multiple umrahs?

A:
You are allowed to do multiple Umras before Hajj; this is totally permissible. People living in Makka normally go to Tan'eem and do the Umra from there. However, it is better to have a mehram or your husband with you when you do the Umra.
And Allah knows best

Mufti Siraj Desai

Qurbani for Wife

Q: Can a husband do Qurbani on Eid ul adha fo his wife? She has enough money to to do Qurbani herself.
A: The husband does not have to do qurbani for his wife. If she has her own money then she should do her own qurbani. But if she asks the husband do it for her, this is allowed and her qurbani will be discharged.

Mufti Siraj Desai

Thursday, November 12, 2009

Difference Between Qurbani and Aqeeqa

Q: What is the difference between Qurbaani and aqeeqa? If I made qurbaani for my son, can I make aqeeqa?

A: Qurbaani is the animal slaughtered at the time of Bakri Eid (Eidul Adha). Aqeeqa is the animal slaughtered for a new born baby. This is done on the 7th day after birth. Two animals are cut for a boy and one for a girl.
Qurbani is not waajib (compulsory) on behalf of children, only for one’s own self. The types of animals are the same for Aqeeqa as for Qurbani.
Qurbani is done once every year, whereas Aqeeqa is done only when a child is born.If you made Qurbani for your son, you still have to make Aqeeqa for him if you had not made the Aqeeqa when the boy was born.
And Allah Knows Best

Mufti Siraj Desai

Staying Away from Wife

Q: Biwi se kitne mahine dur reh sakte shariah ke mutabhikh?
Translation: How many months can a husband stay away from his wife in light of the Shariah?

A: Chaar mahina se zaaid bibi se dur rehna jaaiz nahi lekin is se talaaq bilkul waaq' nahi hota he.
Translation: It is not permissible to stay away from one's wife for more than four months. Nevertheless, no Talaaq will take place if the husband stayed away from his wife for more than four months.
Mufti Siraj Desai

Wednesday, November 11, 2009

Dua of the Angels

Q: Is there a du'a which if one reads, an angel makes du'a for the reader until the person dies?

A:
I have not come across any such dua. But reading aayatul kursi in the morning, followed by the first 3 verses of Surah Ghaafir (Sura 40, in 24 Juz) will earn one the duas of 70,000 angels till nightfall, and if read during the evening, the angels make dua till morning. And Allah knows best
Mufti Siraj Desai

Secular Sciences

Q: Do the secular sciences: Physics, Chemistry, Biology, Astronomy, Medicine, etc count as 'ilm la yanfa` (knowledge that does not benefit)?

A:
Knowledge that does not benefit, as it appears in the hadith, refers to Deeni knowledge that one does not practice upon. The benefit of Islamic knowledge is that one should become pious and God-fearing by practicing on such knowledge. When a learned person fails to practice on his Islamic knowledge, it means that his Ilm has not benefited him. The nafa’ or benefit is, therefore, the ability to practice on whatever one has learnt about Islam and thereby come closer to Allah Ta’ala and earn His Special Favour.
This has absolutely nothing to do with secular or scientific knowledge, because such branches of learning are not termed ilm or ‘knowledge’ in Shariah. Secular learning is termed science, information, subjects, skills, arts, etc. but does not fall within the definition of Ilm as defined by Quran and Hadith because such worldly knowledge does not assist a person in drawing closer to Allah. If it did, then today the scientists and secularists would be the most pious people and the most God-fearing. However, the exact opposite is true.
These secular subjects are beneficial in worldly terms, hence permissible to acquire, and sometimes necessary. One should not allow such branches of learning to become a means of spiritual or religious harm, such as corruption to one’s beliefs or indulgence in haraam worldly pursuit. When this happens commonly to people then Ulema will declare such learning to be haraam.
Mufti Siraj Desai

Profit, Loss and Shares

Q: I am in partnership with another person in a business. Last year we made a loss of R20,000. This year we showed a profit of R20,000. My partner says that he wants his share of the R20,000. According to accounting policy the loss last year cancels the profit, thus none of us get a share. Please explain the Islamic ruling.
A: The Islamic ruling is the same. The amount invested in the business is the capital. The capital will be recuperated first. (Ahsanul fataawa v 6 p 398)

Moulana Naziem Moosagie
Checked and approved by: Mufti Siraj Desai

Studying Tax Law and Calculating Interest on Loans

A: I am student of tax law. I had spoken to ulema about this and they said that tax is one of the fields in law which is Halaal. In my course we have to deal with aspects such as companies taking loans and want to know whether the interest they pay is deductable or not. In practice would me making such determinations be halaal or haram?

A:
Studying tax laws or matters related to interest is permissible. Likewise working out the calculations of interest on loans, or the system of charging interest on loans, etc is not haraam. The sin is to actually do these wrongs such as earning interest or witnessing a transaction of interest. However, if a particular study will eventually lead to working in a company that indulges in interest, or working in a department that authorises interest based loans, then it will not be permissible to pursue such a degree. The permissibility we mentioned above applies to studies wherein part of the course is to learn interest-related matters and accounting. So Muslim students need to explain the Ulema the exact nature of the course they are pursuing, as well as the outcome of such studies in relation to work and jobs.
Mufti Siraj Desai

Inheritance and Extending a Property

Q: When a father have passed away and the son has extended onto the father's property with the son's money and lived on the extended property, does the son have a claim from the inheritance for the portion he extended onto the property? The Will only reads that inheritance is according to shariah.
A: Since the son did the extension with his own money he will own the building wheras the land will belong to all the heirs. He will have to pay them the value of their shares in the land. You need to evaluate the current cost of the extension, then deduct this amount from the value of the entire property including the land. The result will be the sum that has to be divided among the heirs.
Written by Moulana Naziem Moosagie
Checked by: Mufti Siraj Desai

Sale of Condoms and Cigarettes

Q: Is it permissable to sell condoms and cigarettes?

A:
It is not permissible to sell an item to someone who you know will use it for a haraam purpose. (Raddul-Muhtaar) The western kuffar have created this concept of “safe-sex”, meaning that people may indulge in zina as long as they use a condom to protect the woman from falling pregnant. On this basis, it will not be permissible to sell condoms to people who one knows are buying them for zinaa indulgence. The best is not to sell them at all, because one will never know whether a man purchases them for zinaa or for sexual relations with the wife, on the assumption he is married. As regards cigarettes, indeed smoking them is makrooh, and likewise the sale of cigarettes. You are allowed to use the money, for the income is not haraam.
And Allah Knows Best
Mufti Siraj Desai

Reciting 40 Durood in a Gathering

Q: What is the position of reciting 40 Durood in a gathering? Should a person recite it individually? Is there a Hadith that supports the fact that the Sahaaba and those after them recited Durood in their gatherings?
A: It is permissible to read durood in a gathering, as it is permissible to make thikr in a gathering. It is reported that the Messenger of Allah (sallallahu alayhi wasallam) said: “Beautify your gatherings with salaat upon me”. And Hazrat Ayesha (radhiyallahu anha) once told people: “Adorn your gatherings with salaat upon the Messenger.” These statements are recorded in the book Al-Maqaasidul-Hasanah. In a sound hadith narrated by Imam Bazzar RA it is stated: “Verily Allah has angels who travel around the earth seeking the halqas (circles) of thikr. When they arrive at such gatherings these angels surround them, then they send a report back to Allah The Most Exalted, Lord of Honour, stating: ‘O Our Lord! We came across a group of your servants who were honouring Your Favours, reciting Your Book, and sending salutations upon Your Rasool Muhammad…. Allah then commands: “Envelope them with mercy”. The angels then petition Allah: ‘O Our Rabb! Among them is a certain sinner who only joined them at the end of the gathering; (what about him)? Allah, The Almighty replies: “Envelope him also with My Mercy, for they are such people that whoever joins them will never become wretched.” (Al-Qowlul-Badee’ p.117)
From the above narrations we learn that to read durood in a gathering is a virtuous act that is loved by Allah Ta’ala and was encouraged by Our Rasool (sallallahu alayhi wasallam) and his Sahaaba. The forty durood are taken from authentic books of hadith. Therefore, if people read these durood or any other durood in a gathering it is not only permissible but very rewarding and highly encouraged, especially in this day and age when people seldom engage in the thikr of Allah. However, one should not regard this as compulsory and should not condemn those who do not join.

Language of Pre-Khutbah Lecture on Friday

Q: In our Musjid in South Africa, majority of the congregation are from India with some locals as well as Somalis and Pakistanis. In light of the Shariah who must give the pre-Khutbah lecture on Juma as most of the brothers from India don't understand English properly while the locals and Somali brothers don't understand Urdu?
A: The lecture must be given in the language that the majority of people understand. This was the practice in the time of the Sahaaba, as is mentioned in the books of history. As for those who don’t understand, the Imam should appoint someone to give a 5 or 10 minute translation, either before or after Juma, depending on what is convenient for them.

Monday, November 9, 2009

Zakaat on Money Owed

Q: I sold my house to family member for £50,000, half in cash and half to pay in instalments over 5 years so I am owed the outstanding amount of £25,000. Do I have to pay zakat on the amount that is owed to me as I haven't received the remaining 25,000 cash yet? They are paying me 5,000 every year.
A: You have to pay zakaat on the outstanding amount also. However, you can pay the 2.5 percent on this amount from other funds in your possession or you can pay it from the instalments you receive yearly, In either case, remember that you have to pay on the balance owed to you yearly.
Moulana Naziem Moosagie
Checked by and ratified by: Mufti Siraj Desai

Widow Using Children's Inheritance

Q: Can a widow, who does not have any income use her children's share of inheritance to look after them and also to invest for their education? The children are minors.
A: Yes, she can.
Mufti Siraj Desai

Method of Asking Questions

Q: Please guide me how to ask question.

A: Ask questions that affect your daily life. When writing your question, explain it in detail. You can write the question in any way. There is no particular method that you have to observe when writing the question. Ask whatever is on your mind. Just put down your thoughts in writing and send it in. Write the question just as you would ask it verbally from someone in front of you. We answer all questions Insha Allah. Remember that asking questions on Deeni matters is a great way of learning about Islam.

May Allah make it easy for you to learn His Deen, aameen.

Mufti Siraj Desai

Girl's Name Aleesa

Q: Is Aleesa a Islamic name? Jazakallah

A:
We have not come across the name Aleesa. You are advised not to use it, or before doing so at least consult other Ulema who might have come across this name.
Mufti Siraj Desai

Tail for Qurbani Sheep

Q: I it permissable to purchase a sheep for qurbani which has no tail? The farmers say they are cut for medical reasons.

A:
Some Ulema are of the opinion that sheep without tails are permissible for Qurbani in today’s times because the cutting of the tail is not considered a defect in the animal. Instead the farmers cut the tails of sheep for health reasons. Other Ulema believe that even though the tails are cut for health reasons, from an Islamic perspective this is still considered a defect in the animal. We, too, hold the same view. Health reasons are not always acceptable in Shariah as grounds to discard Islamic practices that were in vogue since the beginning. Besides, farmers today rear sheep without tails especially for the qurbani period; hence such animals are easily available.
It is better to avoid this dispute by making qurbani of sheep with tails where these are available. But if in your area the only sheep available are without tails, then it will be permissible to slaughter such sheep for qurbani.
And Allah knows best
Mufti Siraj Desai

Leaving Two Surahs in Salaah

Q: Why does one have to leave two surahs in between when praying salaah? If I only leave one surah in between do I have to repeat my salaah?
A: When one leaves out a surah in between two suras, it would seem as if one deemed that surah insignificant. Therefore, the Jurists of Islam have termed this practice makrooh (disliked or disapproved). However, the salah does not have to be repeated. This rule only applies when the surah left out is shorter than the other two. If it is a big surah then there is no harm in leaving it out and reading the surah after it.
Mufti Siraj Desai

Imam Sitting on Chair for Taraweeh

Q: Can the Imaam sit on a chair and lead taraweeh prayers?
A: Yes the Imam may sit and lead the salaah of a congregation that is standing behind him.

Mufti Siraj Desai

Tuesday, November 3, 2009

Praying Salaah With Long Burqa

Q: If a woman prays salah in the privacy of her home, is in necessary for her to wear an abaya or will a long burqa till the knees be adequete (she will have on long trousers under the burqa)?
A: This type of dress for salah (long burqa) inside the home is permissible. However, the trouser she wears must not be tight fitting for then her salaah will be makrooh, though still valid.
And Allah knows best
Mufti Siraj Desai

Fasting on Fridays

Q: Can one fast a qada (missed) fast or any optional fast on a Friday?
A: One should not keep a nafl or optional fast on Friday alone. Either keep fast on Thursday and Friday, or Friday and Saturday, or else choose any other week day.
If one did already observe a fast on Friday alone, then it is valid. There is no need to repeat it. However, it is better to do as explained above.

Mufti Siraj Desai

Monday, November 2, 2009

Paying Extra after Delay in Debt

Q: A person owes me money. After many months he decides to pay me what he owes me but, feeling guilty, he decides to pay me extra out of his own will because he feels he made me wait long for the money he owes me. Can I accept this or will this be considered to be interest?

A: Yes you may accept the extra payment because neither was it made a condition when you lent him the money nor were you expecting any extra repayment.
And Allah knows best
Written by : Moulana Nazeem Moosagie
Checked and ratified by: Mufti Siraj Desai

Video Chatting with Wife

Q: Is video chatting with one's wife permissible?

A: Video chatting with one's wife is permissible.

And Allah knows best


Mufti Siraj Desai

Lady Wearing Pants for Salaah

Q: If a women is wearing a shorts or a skirt at home, can she just wear an abaya over that and pray salah or would wearing a pants undeneath be necessary?

A: Wearing a pants underneath will be necessary.

Mufti Siraj Desai

Thursday, October 29, 2009

Dreaming of Ka'ba

Q: I had a dream. It was the time of fajr. I was in Saudi Arabia and I was in front of the Ka'ba and it seemed to me that I been there before, but in real life I haven't. What does this mean?
A: Dreaming of the Ka’ba is a sign that one is in the right direction and on the straight path. May Allah keep you like that, aameen.

Mufti Siraj Desai

Dua for Sickness

Q: My brother-in-law has been diagnosed with Bi-polar disorder. The medication he is taking has little or no effect over the past 4 years. Can you please advise of a dua or quranic ayaats for mental illness that we could read for his recovery?

A:
May Allah Ta’ala grant your brother good health and a cure from this disease, aameen. Read the following verse as well as the four quls daily and blow on him. Also blow into both his ears when reading the verse below:

أَفَحَسِبْتُمْ أَنَّمَا خَلَقْنَاكُمْ عَبَثًا وَأَنَّكُمْ إِلَيْنَا لَا تُرْجَعُونَ


Mufti Siraj Desai

Reading Salaah Past the Time

Q: If someone is praying salaat and the time of the salaat ends does the salaat break? I understand for Fajr it breaks, and Asr does not break. But how about the other salaats?

A:
With regards to the other three salaah if the time elapses whist one is engaged in these salaah, they will be valid and one does not need to repeat those salaah.

Mufti Siraj Desai

Tuesday, October 27, 2009

Doubt in Number of Rakaats

Q: If one is doubtful while performing a 4 rakaat salah that he has read 4 rakaats or 3, what should he do?
A: If this doubt occured for the first time then he should repeat his salaah. If this doubt occurs often then he should practise on the number he strongly feels. For examle, if he strongly feels it is the fourth rakaat then he should accept that. If he does not have any strong feeling then he should practise on the lesser of the two amounts; in this case that will be three rakaats. However he should sit after the third rakaat as well as after the fourth rakaat, and then make sajdah sahu at the end.

Answered by: Moulana Naziem Moosagie
Checked and ratified by: Mufti Siraj Desai

Monday, October 26, 2009

Salaah in a Chair

Q: What are the conditions for when a person is permitted to read salaat sat in a chair?

A: If a person is unable to get up from sajdah then he is allowed to make salaah sitting on a chair. Likewise if he is unable to make the sajdah itself then he may offer salaah sitting on a chair. He will then make his ruku and sajdah by bending forward slightly. He will bend forward lower for sajdah than he would for ruku. Similarly if a person cannot stand because of weakness or dizziness he may perfomr salaah on a chair.
Moulana Naziem Moosagie
Checked and approved by: Mufti Siraj Desai

2 Sons, 2 Daughters

Q: A person had 2 sons and 2 daughters. One of the daughter died before his death. What are the inheritance shares?

A:
If at the time of his death he had no parents or grandparents then after settlement of debts and wasiyyat if any, the estate will be divided into five shares: each son will receive two shares and the daughter will receive one share. The daughter who passed away before the mayyit will not inherit.
Answered by: Moulana Naziem Moosagie
Checked and ratified by: Mufti Siraj Desai

Wife, 3 Sons, 2 Daughters

Q: What will the proportions be for each of the following in a deceased male's estate: a wife, 3 sons and 2 daughters?

A: If the deceased did not leave behind any parents or grandparents then after settlement of debts and wasiyyat, if any, the wife will receive 12.5%, while the remainder of the estate will be divided into eight shares:from this each son will receive two shares and each daughter will receive one share.
Written by: Moulana Naziem Moosagie
Checked by: Mufti Siraj Desai

Friday, October 23, 2009

Zakaat to Family Members

Q: Who is eligible for Zakat within family members? Grandpatents, uncles and aunts, cousins, etc.?

A:
You may give zakat to your uncles, aunts, cousins, brothers and sisters. You cannot give zakat to your parents, grandparents, children, grandchildren. Likewise the husband cannot give zakaat to the wife nor can she give to the husband.
Moulana Nazeem Moosagie
Checked and Approved by: Mufti Siraj Desai

Lady Attending Awards Function

Q: I am a lady who is a specialised accountant for a listed international corporate. For the passed 2 years, I have received performance awards, but have never attended the function. Now my company is giving me the group md's award, ceo award and divisional md's award. I also have been allocated 10 minutes to give a speech. My region's GM said that it was compulsory to attend or I would receive a written warning. I have never attended, because although I would wear an abaya and scarf, there is music, alcohol and dancing. My husband has abandoned me and my 3 sons all under the age of 10. I therefore have to work. Please advise.
A: The fact that you are seeking guidance on a matter like this is encouraging from an Islamic perspective, for it suggests concern for Deen and the Law of Allah. May He reward you for this.
Firstly you should understand that for a Muslim woman to be in a mixed gathering, even without alcohol, music, and dancing, and to address such a gathering is totally haraam. It is haraam notwithstanding the abaya and even pardah that she would wear. Just going there and delivering a public address is not permissible. When you add to the equation the above three haraam factors, the prohibition is compounded. You need to consider the situation honestly and sincerely.
The very first option to consider is to make a written submission that can be backed and supported by a reputable Aalim or body of Ulema explaining reasons why you may not attend. (Reasons being alcohol and dancing mainly, for the western mind may not comprehend the pardah factor)
If this is not possible or feasible, then consider whether non-attendance can result in you losing your job. If not, then you are obliged by Shariah not to attend.
If you run the risk of losing your job, then consider whether you will be able to find alternate employment that will enable you to live comfortably and provide for your children. If the answer to this option is in the affirmative, then too, you should chance your arm and not attend. If you lose your job, you can fall back on the alternate employment.
If there is no possibility or opportunity of alternate employment then as a last resort you are allowed to attend but on the following conditions:
1) Cover as much of the body as possible.
2) Avoid association with males as much as possible.
3) Never shake the hand of a male.
4) Come away from that haraam gathering as soon as you are able to, even if you feign illness or any other excuse.
5) Before attending, while present there, and after returning make lots of istighfaar and repentance to Almighty Allah, and ask for His Protection. Make taubah salaah, etc.
And Allah knows best

Mufti Siraj Desai

Thursday, October 22, 2009

Owning a Pig

Q: Is owning a pig haraam?

A: Since eating a pig is haraam a Muslim is not alllowed to own a pig. The pig is not recognised as a lawful commodity in Islam.
Mufti Siraj Desai

Birthday Celebrations

Q: Many people view birthday celebrations as not a Bidah (innovation). I see it as an innovation due to the fact that Allah has not ordained it in the Quraan, nor has the Prophet (sallallahu alaihi wa sallam) ever advised us to celebrate it and make a festivity of the day. As there is no difference between "good" and "bad" bidah. I would like to know what your view is.

A: Birthdays will not be termed bid’ah, for bid’ah is an innovation in a religious matter. People who celebrate birthdays don’t do so for any religious reason, nor do they consider it an act of devotion. However, we will call this an un-Islamic custom because of its pagan origins (as this article proves). It, therefore, becomes unlawful.
As regards the two types of bid’ah, it should be noted that ulema have made a distinction between good and bad bid’ah based on the statement of Hazrat Umar (radhiyallahu anhu) who termed the 20-rakat taraweeh salaah as a “good” bid’ah. Generally every bid’ah is evil and the bid’ah that is referred to as ‘good’ is in reality not a bid’ah but an act that was introduced for the benefit of Deen. The definition of bid’ah as something not mentioned in Quran and Sunnah is not a complete definition of the term. There are numerous aspects of Deen that we do nowadays that are not found in Quran and Sunnah, such as the modern designs of mosques, erection of minarets, establishment of Islamic institutes with boarding facilities; using internet and email to propagate The Deen, printing Qurans and Islamic books through current methods, etc. These are all acts related to Deen, but are there for the benefit of Deen. So we need to make a distinction between things that are innovative but are needed to sustain our Deen, and those things that are unnecessary and evil bid’ah.
The proper definition of bid’ah is: The introduction of any such act or statement into Deen which is not found in Quran or Sunnah, nor in the lives of the Sahaaba, in spite of the need for it in those times. Ponder over this definition and you will notice everything falls into perspective And Allah knows best.

Mufti Siraj Desai

Hajre Aswad Pieces

Q: How many stones are there in the Hajre Aswad (Black Stone in the Kabah, Makkah)?

A:
The Hajre Aswad is originally one stone. When it was taken away by the Qaramita it was broken into several pieces. The Hajre Aswad was returned and today comprises approximately 16 pieces.

Mufti Siraj Desai

Monday, October 19, 2009

Covering Face in Shafi Math-hab

Q: I am a Shafi Math-hab Muslim. I understand that in that Math-hab for ladies niqaab (covering the face) is not mandatory. Can I force my wife to wear niqaab?

A: In the Shaafi math-hab it is also waajib or mandatory for a woman to cover her face with a niqaab or jilbaab in front of strangers. This is mentioned in all the famous Shaafi works on Fiqah. So you have the right to ask your wife to do so, but do not force her, for this may lead to disharmony among yourselves. Try and persuade her with wisdom and remind her gently every while.
Mufti Siraj Desai

Creatures that can be Eaten Without Slaughtering

Q: What are the two things can be eaten without slaughtering?

A: One is fish and the other is a locust. That is halaal without slaughtering
Mufti Siraj Desai

Thursday, October 15, 2009

Use of Tampons

Q: Are Tampons permissable to use?

A: In the hanafi math-hab, inserting anything into the vagina unless for medical reasons, is makrooh tahreemi (not permissible). Since a woman is able to use the normal sanitary pads, she should not use tampons. (Ref: Minahaul-Waarideen)
Mufti Siraj Desai

Intercourse Positions in Islam

Q: What is the correct intercourse position in Islam?

A: There is no particular position that Shariah has stipulated as the "right" position. However, some Ulema have mentioned that one may have intercourse with the wife in the usual position (man on top of the woman) or while lying on the side, or in the sitting posture, or from behind but penetrating her through the vagina. All these positions are allowed. Likewise it is permissible for the woman to be on top of the man during intercouse.
There is nothing in Shariah that prohibits these postures provided the following condition is maintained:
a) The couple should cover themselves with a large sheet or blanket so that even though their bodies are naked, the sheet or blamket still covers them. They should not be totally exposed.
b) Also note that insertion in the anus is totally haraam.
May Allah Ta'ala grant us all the modesty of Islam, aameen. Was-salaam

Mufti Siraj Desai

Salaah Behind an Improperly Dressed Imam

Q: At our local masjid, there is no regular imam. Often, a different person is appointed close to the time of prayer to lead the prayers. Usually the person will not have a long enough beard and/or will be wearing western clothing. Is it permissible to pray behind them? Am I required to insist that a person with proper external qualities lead the prayer, even if I am the only one?

A: 1) Salaah behind such people is valid. There is no need to repeat the salaah.
2) If you are a trustee of the musjid then you must insist that such people do not lead salaah and that a proper Imam is appointed. If you are not a trustee then you cannot insist or demand. Yes you can suggest to the trustees or make a request that they appoint a proper Imam. If there is another Musjid nearby where you can offer salaah behind an Imam who meets the Shar'ee requirements, then rather attend that Musjid. If there is no such musjid nearby then continue reading salaah in this musjid regardless of who leads the salaah. Your salaah will be valid and you will attain the reward of jamaat.

Mufti Siraj Desai

Doubt Over Ingredients of Medication

Q: I have been married for more than four months and have not successfully had intercourse with my wife. My doctor gave me medication similar to viagra in order to enable me to have intercourse. However, I am aware than in general, many medications contain ingredients from haram animal sources. However, I have no specific information that the particular drug I have been given contains anything haram. Is it allowed for me to use this medication?

A: As long as there is no certainty that a medication contains a haraam ingredient, you must consider it halaal and lawful. Not all drugs or medication contain haraam ingredients. There is no need to doubt. Continue using the medication.
We make dua that Allah Ta'ala grants you complete cure and enables you to fulfill the rights of nikah, aameen.

Mufti Siraj Desai

Life Insurance and Disability Policy

Q: I am remunerated by my employer on a cost to company basis. As part of the salary package every employee contributes to a life insurance and disability policy. Am I allowed to belong to such a fund, use such benefits in the case of my disability and can my next of kin use these funds in the event of my death?

A:
If contribution to this fund is made by the employer by deducting the amount from your gross salary, then this will be permissible and you as well as your family members may utilize the benefits of this fund.But if you are contributing to this fund from your salary or your own pocket, or you have voluntarily chosen to take out such insurance, then this is not allowed and you can only draw from such a fund the amount of money you had paid in.
Mufti Siraj Desai

Tuesday, October 13, 2009

Spouses Reading Tahajjud in Jamaat

Q: Is it permissible for a husband and wife to pray tahajjud salaah together as a jamaat?

A: It is permissible for a husband and wife to offer tahajjud salaah together in jamaat form. In fact this is very meritorious and encouraged.

Mufti Siraj Desai

Six Fasts of Shawwal or Ramadaan Qadha

Q: Which fasts have priority: the six days sunnah fasting of Shawwal, or missed fasts of Ramadaan due to menstruation?
A: It is necessary to first pay in the missed fasts of Ramadaan, then do the six of Shawwal, if one has the strenght and the time.

Mufti Siraj Desai

Prevented From Marriage

Q: I want to marry according to my will, but my parents are not allowing it. Please tell me some dua to read.
A: Read this Dua from the Holy Qur'aan:
RABBANA AKHRIJNA MIN HAAZHI HIL-QARYATIZH-ZHAALIMI AHLUHAWAJ'ALLANA MIN LADUNKA WALIYYAN WAJ'ALLANA MIN LADUNKA NASEERAN.


Mufti Siraj Desai

Non-Muslim Owned Takeaways

Q: I would like to know if the pizza served from the halaal menu at Debonairs Pizza in Gelvandale, Port Elizabeth is Halaal? Will this apply to any non Muslim owned franchise store that holds a halaal certificate?

A:
We do not have any knowledge of the Halaal status of this particular Debonairs nor do we certify any non-Muslim owned takeaway/restaurant. It will be best to abstain.

Mufti Siraj Desai

Area of Pubic Hair

Q: Could you please define the area of pubic hair that needs to be removed?
A: The area below the navel and the area around both genitals, front and hind.

Mufti Siraj Desai

Quraan on Phone and Wudhu

Q: Does one have to have wudhu when viewing the Quraan verses on ones cellphone?

A:
One can hold the cellphone without Wudhu but should not touch the screen when the Quraanic verses appear on it.

Mufti Siraj Desai

Tuesday, October 6, 2009

Tying Hair in a Bun

Q: If its forbidden for men to tie hair in bundle, how should a woman's hair be tied when performing Salaah?
A: Women are allowed to read salaah with hair tied in a bun. Men may not do this.The women's salaah will not be affected or disrupted in any way.
Mufti Siraj Desai

Limit for Number of Marriages

Q: Is there any limit on how many times a Muslim man can get married and divorced? For example, can a man marry 6 different women at different times - only have 3 wives at the same time maximum.

A: A man may have 4 wives at one time, but there is no limit to the amount of times he can marry and divorce as long as he does not keep more than four women in his nikah at the same time. However, there is a hadith in the book Kanzul-Ummal where The Messenger of Allah (sallallahu alayhi wasallam) is reported to have said that Allah dislikes men who marry and divorce often. So this should not be done, unless it happens naturally or unintentionally.
Mufti Siraj Desai

Fardh Acts of Hajj

Q: What are the Fardh (compulsory) acts of Hajj?
A: There are two Fardh of Hajj:
1. Wuqoof at Arafaat
2. Tawaaf of Ziyarat (10th of Zul Hijjah)
Mufti Siraj Desai

Wednesday, September 30, 2009

Caculating Child Maintenance

Q: How is maintenance calculated for one child?

A:
The father has to pay the following expenses related to his children:
Food; necessary clothing and bedding according to the different seasons; medicine and treatment; madresa and school fees subject to his choice of madresa and school.
Since the above expenses vary from place to place, as well as time to time. The Shariah has not fixed a specific. It is left to the discretion of the parents.

Mufti Siraj Desai

Zakaat on Kruger Rand

Q: How does one calculate the zaakat on a Kruger Rand?
A: You need to ascertain the current value of the Kruger Rand and then calculate 2.5 percent of the value. That will be your zakaat. The value can be checked in local newspapers or from your local Ulema bodies. If you are unable to get the value, write back to us.

Mufti Siraj Desai

Days One Can't Fast

Q: What are the 5 days that you are not permitted to fast?
A: One is not allowed to fast on Eidul-Fitr, Eidul-Adh Haa (Bakri Eid) and 3 days after Eidul Adh-Haa. Five days in total.

Mufti Siraj Desai

Don't Know Dua e Qunoot

Q: I dont know the Dua Qunoot. Does my witr namaz count? What should I read in its place till I learn the dua?
A: If you don't know the dua-e-qunoot, you may read the dua 'rabbanaa aatina' till the end or you may recite 'allahummagh firlee' thrice or 'yaa rabbi' thrice.
Moulana Nazeem Moosagie
Checked and Approved by: Mufti Siraj Desai

Distributing Property in Lifetime

Q: I want to distribute my property between my husband, father, 2 brothers and 2 sisters. Is this permissible?
A: It is permissible to give away your property and belongings in your lifetime on condition that the motive behind this is not to deprive other heirs from their share of inheritance when one dies. You have not made mention of any children. If you do have children, then you shall have to first allocate to each of them equal shares from your property before giving others, or else they may be deprived of inheritance.
If you have no children then you can go ahead distributing your property to the people you mentioned.
You may distribute your property equally or you can give one more than the other. This is totally permissible.
We advise that whatever you give away in your lifetime should be put into writing. Draw up gift deeds wherein you will state the details of the property gifted, such as size, location, date of gift, etc. This document will also contain the signatures of those receiving the gift. It is preferable to have two witness to sign each document.
Another important condition for the validity of a gift is that the receipient or giftee must take possession of it. You will not be able to give away something but still retain ownership, use and possession of it till death. If the recipient does not take the gift into his or her possession, the gift will not be valid. That means that when you die the property that you had given away is actually still yours and will form part of your estate and will be inherited by all heirs in proportion to the shares allocated to them by Shariah.
Moulana Nazeem Moosagie
Checked and Approved by: Mufti Siraj Desai

Saturday, September 26, 2009

Crayfish

Q: Is it permisible to eat crayfish?

A:
In the Hanafi math-hab only fish among seafood is halaal. Crayfish is not a fish hence it will not be permissible for consumption.
And Allah knows best
Mufti Siraj Desai

Zakaat on Insurance Policies

Q: I read an article from Sanzaf that zakaat is payable on the lesser of the premiums versus the market value of the policy. Is this correct? My concern is that in the past I did not calculate my zakaat on in this manner; am I exempt from the past error because I was not aware of it?
A: It is our humble view that there is no zakaat on insurance policies because premiums that are paid into the policy are non-refundable. This means that these premiums have left one's ownership, so zakaat cannot be levied on such monies. You need to pay zakaat only on what is yours and in your possession. Furthermore, there is no guarantee that one would retreive that money in the future.
So I cannot understand how zakaat could be applied to premiums paid into an insurance policy.
And Allah knows best.
Mufti Siraj Desai

Tilaawat of Quraan in English

Q: Can I make Tilawat of the Quraan in English?

A: Tilawaat of the Quran cannot be done in English. One must read the Arabic. You may read the English translation of the Quran but the reward for tilaawat will only be received by reading the Arabic.
Mufti Siraj Desai

Eidgaah Requirements

Q: What are the requirements and exclusions for holding Eid gaah (Musalla) on an open piece of land?
A: EIDGAH REQUIREMENTS
The sunnat Eidgah is that which is situated on the outskirts of the suburb. It won't matter if one or two houses are nearby, because the Eidgah of Rasoolullah (sallallahu alayhi wasallam) was adjacent to the house of Katheer bin Sult (radhiyallahu anhu).
If possible a mimbar should be built at the Eidgah, or else one should be taken out when people go for the Salaah.
Eidgah cannot be held on a sports field or in a stadium, for these places are normally inside the town. Besides, these are places where many evils occur, hence it will be makrooh to have Eid salah at such a venue.
The above are the basic requirments to establish an Eidgah. In the Hanafi math-hab it is sunnat muakkada to offer the Eid salah at the Eidgah even if the Musjid is big enough to accommodate all the people. However, if weather does not permit this, then the Eid salaah will be performed in the musjid.
However in the Shaafi' math-hab it is better to read the Eid salaah in a musjid, unless the musjid is too small to accommodate everyone. Then they will also utilize the Eidgah.

Liabilities to Deduct in Zakaat

Q: What are all the liabilities and debts that I must include when calculating zakaat?
A: 1. Any debt that can be demanded immediately by the creditor, is deductible from one's assets when calculating zakaat. Hence, if one is paying off a loan or a debt by instalments, the one can only deduct the current instalments from one's assets, not the entire loan or debt. So if one is paying zakaat in Ramadaan, then the instalment that is due for that month will be deducted.
2. One will also deduct light account bill, telephone bill, cell phone bill (if on contract), rent payable for that month, grocery account if any, etc. In short, whatever is owed for the month that one is paying zakaat is deductible for zakaat purposes.
Mufti Siraj Desai

Saturday, September 19, 2009

Islamic TV Channels

Q: Is it permissable to watch Islamic channels eg. Peace TV in Ramadaan?

A:
Television, even Islamic programs, is not permissible because of the photography that is part of TV. Photos and pictures of people are haraam and not permissible. We advise that during Ramadaan, instead of watching TV, engage in recitation of Quran, thikr of Allah, durood, istighfaar and nafl salaah. In this way you will make your Ramadaan more beneficial. It is a waste of precious time to watch television.
May Allah Ta'ala give us understanding of Deen and the ability to do much worship in this month, aameen.
Mufti Siraj Desai

Disposing of Condom

Q: If a man uses a condom when having sex with his wife, what must be done with the najaasit (sperm) afterwards?
A: A condom must just be discarded after use.

Finger in Wife's Vagina

Q: Can a man put his finger in his wife's vagina?
A: It is permissible to insert thefinger into the vagina. Note that if this is done for sexual indulgence, the wife will have to make ghusl.

Finger in Wife's Anus

Q: Can a man put his finger in the anus of his wife?
A: It is haraam to put the finger into the anus.
Mufti Siraj Desai

Deduction Student Loan in Zakaat

Q: Can a student loan balance be deducted when calculating zakaat?

A: If the student loan is being paid in monthly instalments then one may only deduct the current instalments from one's assets when calculating zakaat. It won't be correct to deduct the entire loan. This rule applies to any loan that is paid off in monthly instalments.
And Allah Knows Best
Mufti Siraj Desai

Sajda Sahu in Nafl

Q: Is Sajda Sahu (prostration for a mistake in Salaah) for all Salaah like Nafl, etc or only for Fard?
A: Sajda sahu must be made in all prayers if a mistake occurs that warrants sajda sahu; in nafl, sunnat and faradh salaah.
Mufti Siraj Desai

Wakeel Taking Zakaat

Q: Can a poor, unfettered wakeel (deputised person) of zakat use the money for himself?
A: A wakeel cannot use the zakat on himself unless the person who appointed him to distribute the zakat clearly stated "do with it whatever you wish, or "utilize it as it you wish." This is actually what is meant by an "unfettered wakeel". If the giver of zakaat said to the wakeel: "distribute this zakat" or "give it out" then he cannot use it on himself. He may give the zakat to his poor minor children, his poor wife and poor baaligh children. However if he is rich then he can only give the zakat to his poor wife and poor baaligh children, not to his poor minor children. If the person told him to give the zakat to a particular person then he has to give it to that person specifically. (Raddul-Muhtaar, Ahsanul-Fataawa)
And Allah Knows Best
Moulana Naziem Moosagie
Checked and Approved: Mufti Siraj Desai

Zakaat on Money in a Bank

Q: How should I calculate Zakaat for cash in a bank? I was told the money has to be in teh bank for 12 months. What if I had R100.000 and I deposit and withdraw from last Ramadaan till now? On which amount do I calculate the Zakaat?

A: A rule to remember for zakaat is that once 12 Islamic months have passed over the money then whatever is in the bank or in savings at the point, is taxable with zakaat, regardless of whether you used from it or added to it during the course of the year. It is not necessary that you have the same amount of money at the end of the year as you had at the start of the year. So if for example you had 10,000 in the bank account at the start of the year, and during the course of the year you withdrew money from that account or deposited more money; you shall have to pay zakaat on whatever is left in that account, whether it is more or less than the original amount of 10,000.

Mufti Siraj Desai

Forced Marriage

Q: I am 26 year old girl and I was forced to get married to my cousin in Pakistan when I was 20 so that he can come to England and I was not happy with it. At the time of the nikkah (marriage) the molvi only asked me to recite six kalimas. He didn't ask for my permission if I want to get married to the guy or not. I stayed there for two weeks and I didn't have any physical relationship with my cousin. The purpose of this marriage was only to get him to England. It was clear in the family that when he comes here we will get a legal divorce. when I came back from Pakistan after the wedding I told the home office that I'm not happy with the marriage and they rejected his visa to come to England. Now its been six years and he still hasn't got the visa so far. I am stuck in this situation and its really stressful and having a negative impact on my life. Is my nikkah valid as I was never asked if I want to marry the guy and never had any physical relationship?
A: Since you were not happy to marry this person, nor was your permission asked, this nikaah was pending your permission. After the nikaah had been solemnised, neither did you give permission nor did you do anything that indicated your consent, such as going to live with the groom. You now state that you do not agree or consent to marry this boy, your nikaah is therefore, null and void.
And Allah Knows Best
Moulana Naziem Moosagie
Checked and approved by: Mufti Siraj Desai

Thursday, September 17, 2009

Zakaat on Business Fixtures and Fittings

Q: Do I have to pay zakaat on my businesses fixtures, fitting and computers?

A:
There is no zakaat on fixtures, fittings, equipment, machinery, etc.
Mufti Siraj Desai

Age for Wearing Veil

Q: When does a girl start wearing a face veil?
A: It is advisable that a girl starts wearing the veil from the time she becomes baaligh (of puberty). However, when she is in her late teens and above, then it is necessary that she wears a veil for that is the age when her beauty is fully developed.
And Allah Ta'ala knows best.
Mufti Siraj Desai

Making and Selling Coffins

Q: I am considering opening up a business that manufactures coffins. Is it permissible as a Muslim to run this business? Am I right in assuming the same response could be used for running a taxi business that would commute people to church?

A:
It will be permissible to manufacture and sell coffins, because the coffin itself is not haraam. There are times when a Muslim may be buried in a coffin; for example, if the ground in the cemetery is extremely soft and the grave keeps on collapsing; or the ground is very soggy and wet. Under these circumstances a coffin is allowed.
From this you will understand the difference between selling coffins and operating a taxi business to transport Christians to church. The latter, though permissible, is makrooh (i.e. not advised) because one is aiding non-Muslims in their acts of worship. Using the coffin is not a religious act of worship for Christians or other religions. Even people that don't subscribe to a religion, are buried in coffins. I, therefore, advise to avoid the second type of business.
And Allah Knows Best
Mufti Siraj Desai

Status of Umar radhiallahu anhu

Q: I was reading Bukhari, and I find Umar radhiallahu anhu changed so many Sharia laws such as muta, poetry in Musjid, and he even changed taraweeh. Explain why we follow such a man?

A: Do you know of the virtues mentioned by Rasoolullah (sallallahu alayhi wasallam) about Hazrat Umar?
The hadith states: "The Haqq flows from the tongue of Umar" and "If there was to be a Prophet after me,it would have been Umar". These sayings of Our Rasool (alayhis salaam) prove that Umar had vast knowledge and vision. Hazrat Umar was responsible for setting up one of the most effective and comprehensive systems of government, based on Quran and Sunnah; a system that today even the kuffar are learning from.
Umar (radhiyallahu anhu) did not "change" any Shariah laws. You are highly mistaken when you say "he changed so many Shariah Laws". As for Muta, it was only allowed for a short while then banned, right in the time of Rasoolullah (sallallahu alayhi wasallam). He prohibited poetry that was not in conformity to Shariah, so again he did not do anything different to what The Messenger of Allah had done. There are numerous hadith on maintaining the respect of the Musjid.
Regarding Taraweeh, here too, he changed nothing. Taraweeh was started by Allah's Messenger. All Umar did was to fix a number of Rakaats behind one Imam. This was accepted by all the Sahaaba so it was not just the vision of Umar alone. Even Hazrat Ali (radhiyallahu anhu) praised him and made dua for him when he saw people offering congregational Taraweeh in the Masaajid during the nights of Ramadaan.
Another hadith in Tirmizhi states: "Cling fast to my Sunnat and the sunnat of my rightly guided Caliphs after me." In this hadith it is clearly stated that Umar's sunnat has to be followed and is like the Sunnat of Allah's Messenger himself.
Why are you singling out Umar for this unwarranted criticism, when it was Hazrat Abubakr who compiled the Quran for the first time in book form, between two covers, and then Hazrat Uthman did the same. It was Hazrat Uthman who introduced the first athan of Jumu'ah outside the Musjid. These issues were not done by Allah's Messenger. So Umar is not alone in the introduction of important issues that affect the Ummat. If you start rejecting the practices and fatwas of the Sahaaba, you won't have any Deen left.
My advice to you is to stop reading Bukhari for you clearly don't understand the essence and reality of the ahadith in Bukhari. Rather go and sit in the company of a qualified Aalim and learn your Deen there. That will be safer and far easier.

Mufti Siraj Desai

Cannabis

Q: Is the ruling on cannabis (drug) same as alcohol?

A: Cannabis (marijuana etc.) is an intoxicant and has the same ruling as wine and alcohol as far as prohibition goes. Both are haraam and non-permissible. There is a hadith in Tirmizhi which states that Rasoolullah (sallallahu alayhi wasallam) prohibited every intoxicating substance. Therefore, cannabis is also haraam.

Mufti Siraj Desai

Zakaat on Immovable Property

Q: Is zakaat payable on fixed or immovable property?

A:
Zakaat is not payable on fixed or immovable property. The income (if any) derived from them is Zakatable if the other conditions of Zakaat becoming compulsory are found.

Checked and approved by: Mufti Siraj Desai

Spotting in Menopause and Fasting

Q: I am 52 years old and went into menopause last year. I started to spot (brown) last night after Eshaa. This morning almost nothing. What do I do as I do not want to miss a fast unneccessarily?

A:
You continue fasting until you see red/blood colored discharge. If that last for three days, then it is considered as haidh.

Mufti Siraj Desai

Monday, September 14, 2009

Bathing Naked

Q: Can I perform Ghusl naked in Bathroom? Do I need to cover the naval to below the private parts during Ghusl?
A: It is not necessary to cover the area between the navel and the knee during Ghusl if one cannot be seen by others. It is a higher level of modesty to cover this area even if one cannot be seen by others.

Checked and approved by: Mufti Siraj Desai

Cutting Hair In Ramadaan

Q: Can a male or female cut their hair during the month of Ramadaan while fasting?

A:
A male is allowed to cut his hair at any time, whether it is during Ramadhaan or not. A female is not allowed to cut her hair at any time, whether Ramadhaan or not.

Checked and approved by: Mufti Siraj Desai

Making up for Missed Salaah

Q: If you have not made salaah for a few years and are now very commited for the past few months is there anything I should do to make up for it as I feel guilty and want to do the right thing?

A:
First Taubah (repentance) should be made for previously neglecting Salaah. Make a note of the amount of Salaah missed and begin fulfilling those missed Salaah. Qadhaa (fulfilment of all the missed Salaah) is compulsory. If you are unable to recall the exact amount of Salaah missed, then an estimate will also be valid.

Checked and approved by: Mufti Siraj Desai

Performing Multiple Qadhaa

Q: Is it permissible to perform Qadhaa Salaah in the following manner: For instance at the time of Zhur, after performing your normal Zuhr salaah are you able to perform multiple Zuhr Qadhaa salaah one after the other?

A:
Yes, this is permissible.

Checked and approved by: Mufti Siraj Desai

Jeans Promotion and Voucher

Q: Levis jeans are running a promotion that if you take any pair of old jeans and give it in to any Levis store. they will give the jeans away to charity and will give you a R200 voucher to spend on your next purchase from their store. Is this permissible according to Shariah?

A:
To participate in this promotion and collect the gift voucher is totally permissible.

Mufti Siraj Desai

Fasting in First Trimester of Pregnancy

Q: If you in your first trimester of pregnancy, is it ok to fast? If not, do you pay fidyah and repay the fast missed?

A:
Consult with your doctor as to whether you should fast during this time or not. If the doctor advises you not to fast, then you have to keep Qadhaa of the fasts missed. Fidyah will not suffice.
Checked and approved by: Mufti Siraj Desai

Making up for Theft

Q: If I robbed people many years ago and feel guilty as I don't want them to take of my good deeds on the Day of Judgement, is there any sacrifices I should make besides making Tawbah (repentance)?

A:
Besides making Taubah, you have to return the stolen items or the value to their respective owners. If you are not by the means to return the items, you have to seek their pardon for the items stolen. If you are by the means but cannot find a few of the people stolen from, give out the value of the stolen items on their behalf, without making an intention of reward (Thawaab) for yourself. If you are really sincere in your repentance, Allah will create a way for you to do the above.

Checked and approved by: Mufti Siraj Desai

Dream as Proof

Q: My phone was stolen in my own home. I had a dream that a specific guest who attended the function in my home stole it. The dream happened around the early hours of morning between 2 to 4 am. What is the meaning of this dream?

A:
A dream is not proof that the particular person stole it. You have to compulsorily ignore the dream and save yourself from bad thoughts regarding that person, but you are allowed to investigate that person without firmly believing that he really took the phone.

Checked and approved by: Mufti Siraj Desai

Bleeding after 13 Days

Q: I had my period for 10 days continuously. It then stopped for 3 days but on the 14th day I had bleeding again. What is this considered as?
A: If you have a previous cycle, then consider that cycle as your days of haidh for this month as well. If not, then count the 10 days as Haidh and the rest will be Istihaadha.

Mufti Siraj Desai

Spouses Bathing Together

Q: Can husband and wife take a bath together?

A:
It is permissible for the husband and wife to bath together. Rasulullah (Sallallaahu Alayhi wa Sallam) also bathed with his wife. (Saheeh Muslim V1 P176)

Checked and approved by: Mufti Siraj Desai

Tuesday, September 8, 2009

Masturbation in Islam

Q: Is masturbation allowed in Islam?

A:
Masturbation is forbidden in Islam. Sayyidina Ataa' was asked regarding this. He said that a group of people will be resurrected on Qiyaamah and their hands will be pregnant. It will be these people who had been doing this and did not repent. Their fault will be witnessed by everyone on Qiyaamah. Sayyidina Sa'eed ibni Jubayr says that Allah will punish those people who play with their private parts.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Cutting Hair While Fasting

Q: Can I get a hair cut while fasting?

A:
Yes, you can take a haircut while fasting.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Water Coming Out After Ghusl

Q: After performing ghusl sometimes water comes out of my penis. It's very annoying because even though I do the ghusl a second time water still comes out. Do I hve to do ghusl again? What if blood comes out?

A:
You do not have to repeat the Ghusl. If anything does come out, whether water or blood, Wudhu will break and not the Ghusl.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Aqeeqah for a Revert

Q: Must a revert to Islam make Aqiqa?

A:
Aqeeqah is not compulsory. If the revert makes the Aqeeqah, it will be permissible.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Cutting nails While Fasting

Q: Can we cut our nails when we are fasting?

A:
It is permissible to cut nails while fasting.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Man Waxing Chest

Q: Can a men who is muslim wax his chest hair? Is it haram?

A:
It is permissible to remove the hair from the chest; there is no sin in this. However, it is advisable not to do so. It was not the Sunnah of Rasulullah (Sallallaahu Alayhi wa Sallam) to shave the chest. (Raddul Muhtaar V27 P34, Al Hindiyyah V5 P358) And Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Monday, September 7, 2009

Sex in Ramadaan

Q: Can I have sex in Ramadaan while fasting or after fasting with my wife?
A: To have sex with the wife during the day in Ramzaan while fasting is haraam. If one did this knowingly and while remembering the fast then the fast breaks and one qazaa plus 60 days kaffara become waajib. Kaffara means that after Ramadaan one must fast 60 days consecutively, one after the other, as a punishment for breaking the fast of Ramzaan. so the compensation for this is that one must fast one day as qazaa, and another 60 days as a penalty.

If one has sex forgetfully, then the fast will not break. Forgetfully means that when the man did this with his wife, he did not remember that we was fasting.

If you had sex with your wife, you must be honest with Allah Ta'ala. He knows what is in your heart. If you knew that you were fasting, but are saying that you had forgotten, then Allah knows the truth. We have mentioned the Islamic ruling above. It is now up to you to do what is right.

May Allah Ta'ala guide you and help you in your predicament, aameen.

Mufti Siraj Desai

Wednesday, September 2, 2009

Fasting Without Sehri

Q: Can we fast without eating anything? Will a glass of water do?

A: To fast without having any Sehri is permissible. However, having at least a glass of water will earn one the reward of Sehri.

Mufti Siraj Desai

Moirs Caramel Creme Dessert

Q: I would like to know if Moirs caramal creme dessert is halaal?

A:
We have no knowledge of the halaal status of this product. Please refer your query to the South African National Halaal Authority. Their Helpline (for South Africa) is 0861 786 111.

Mufti Siraj Desai

Waiving Debt as Zakaat

Q: I gave my nephew a loan which he cannot repay.can I give it as zakaat? Must I inform him that it will be zakaat?

A: If you have other wealth on which you are paying Zakaat, then you cannot do this i.e. you cannot waive a debt with the intention of Zakaat.
If you have no other wealth on which you are paying Zakaat, you can waive the debt and make an intention of Zakaat and your Zakaat will be fulfilled.

Mufti Siraj Desai

Eating Past Sehri Time

Q: I have been fasting but just discovered that there is such a thing as sehri time. Does that mean all the days I have fasted and eaten after sehri time has passed are not valid? Even if I was not aware of this. I converted to Islam about 2 years ago but am very alone and know no Muslim to guide me in these things. I really need to know if what I have done has been for nothing and what I need to do next.

A: Ignore the past mistakes you made with regard to eating pass the sehri time. In future, make sure that you stop eating before Sehri time (approximately one hour thirty minutes before sunrise). Your fast will be accepted.

Mufti Siraj Desai

Fasting Without Sehri

Q: Is fasting without taking sehri is allowed?

A:
Fasting without Sehri is permissible. In fact, one cannot miss the fast even if Sehri was missed.

Mufti Siraj Desai

Delaying Iftaar While Driving

Q: Does one have to break the fast immediatley at the time of Maghrib Athaan? If I am driving, and I don't have anything to break my fast, can I break my fast 5 minutes later when I reach my destination?

A:
If you don't have anything to break your fast immediately, you are allowed to delay your Iftaar by a few minutes.

Mufti Siraj Desai

Pap Smear and Fasting

Q: If a female has a pap smear during Ramadaan, does the fast break? Is ghusl fardh upon her?

A: Having a pap smear while fasting will break the fast but ghusl is not fardh.
Mufti Siraj Desai

Fitra and Fidya for 2009

Q: What is the Fidya for this year (2009)?

A:
The Hanafi Fidya and Fitra amounts for Ramadaan 1430/September 2009 is R10. The Shafi Fitra is R25 and Shafi Fidya is R12. These amounts apply to the Eastern Cape province of South Africa. Other areas should follow their local Ulama.

Muhammad Badsha
Checked by: Mufti Siraj Desai

Tuesday, September 1, 2009

Wife Giving Husband Zakaat (Shafi)

Q: Can a wife give her husband her zakaat in the Shafi Math-hab?

A: In the Shaafi’ math-hab a woman is allowed to give her zakaat to her husband if he is in need or has debts.

Using Drip While Fasting

Q: If a drip is ministered to a patient while he is fasting, does the fast break?

A: This will not break the fast. A drip is an intravenous method of introducing substance into the body, like an injection. It does not break the fast, regardless of what type of drip is used.

Using Nasal Spray

Q: If one uses a nasal spray while fasting, is the fast broken?

A: Using a nasal spray will break the fast.

Muslim Customers Eating in Takeaway in Ramadaan

Q: I own a takeaway and in Ramadaan some Muslim customers purchase food to eat at the shop saying they are musaafir or sick. Should I allow them to eat in the shop?

A: You should not allow Muslims to eat at the shop in the day during Ramadaan. Even if they are musaafirs, respect for the month should lead one avoid eating in public.

Pregnancy and Fasting

Q: If a lady is 3 months pregnant does she have to fast?

A: A pregnant woman is not exempt from fasting, unless a Muslim gynaecologist advises the mother that fasting will cause serious complications to her fetus. In that case she is allowed to miss out the fast and keep the qadhaa after Ramadaan. Some Muslim gynaecologists advise their patients not to fast during the first 12 weeks of pregnancy, for this is the formation period of the fetus. Thereafter the expecting mother can continue with her fast.

Smelling Insecticides

Q: If insecticides were sprayed on the streets and I smelt a bit of it, is my fast valid?

A: In this case the fast is not broken. Merely smelling something does not break the fast.

Reciting Tasmiya Aloud in Taraweeh

Q: Does one have to read Tasmiyya loud before surah Baqarah? And what if it wasn't read then?

A: It is necessary to read Bismillah aloud at least once during the Taraweeh khatam. If this is not done then the Quran of the muqtadees will not be complete. However, the tasmiyah could be rendered before any surah. If it was not read before Surah Baqarah, it should be read later during the taraweeh.

Swallowing Slime

Q: Does slime accumulating in the mouth and throat due to flu break the fast if it goes down the throat?

A: Swallowing slime does not break the fast.

Women Following Jamaat in Different Room

Q: In taraweeh salaah can women follow the men in a separate room and can we read behind non-mahrams?

A:
Women may not follow a jamaat that is in a separate room. For the jamaat to be valid a muqtadees must be in the same room. It not permissible to read behind non-mehrams. If the jamaat consists of mehram males then the females may follow provided a screen separates them. Also note that this applies to the Taraweeh congregation that takes place at home. It is not permissible for females to attend the musjid for taraweeh salaah.

Dry Tampon and Fasting

Q: Does the insertion of a dry tampon nullify the fast?

A: Though inserting a tampon is not permissible unless the woman has valid reasons for this, it will not break the fast.

Air Freshner and Fasting

Q: Does the use of an air freshner that you spray break the fast? What if someone sprays it and you go there after sometime and you get the scent. Does the fast break?

A: When an air-freshener is sprayed, the contents immediately evaporate in the air, leaving behind nothing but a fragrance. This will not break the fast.

Paying Salaries with Zakaat

Q: Some organisations pay their workers from zakaat money. Is this valid, and will our zakaat be discharged if we give it to such an organization?

A: It is not permissible to pay salaries for workers from zakaat funds. If it is ascertained that an organisation does this, zakaat should not be give to such an organisation, for then zakaat will not be discharged.

Zakaat in Grocery Hampers

Q: Is it permissible to give zakaah to an organization that will distribute in the form of grocery hampers, or should cash be given?

A: It is permissible to give zakaat to this organisation because zakaat can be distributed in cash as well as in the form of groceries.