Money Missing

Q: As per instuctions of the owner, I collected the rent money and left it on the computer keyboard which we always do. Besides the employer and myself nobody is allowed to enter this area. After leaving the money I had to attend to a customer and upon completing the customer, which was about an hour I came back and found the money missing. Thereafter I brought it to the notice of the owner. Now he accuses me of stealing the money and demands that I pay. I told him to search me as I had never stolen anything in two years. What should I do?

A: We can advise you with the following:

* Ask the owner to recall if he took the money himself and it slipped his mind.

* Find out properly if anyone entered that section.

* Try and recall if you put the money somewhere else and not on the keyboard.

* If the money was left on the keyboard by the instruction of the owner, or in the past he never objected to you leaving the money there, you do not have to repay this amount.

* If you left it there on your own accord, without his consent and it is not a safe place to keep the money, you will be obliged to repay that amount of money.

* After trying everything, if the owner still feels that you stole that money and you are positive that you did not, if you are able to find another job then resign from this job with dignity.

May Allah Ta'aala make everything easy for you. Aameen.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Marrying after Talaaq Baain (Irrevocable Divorce)

Q: One talaaq baain (irrevocable divorce) was issued.

1: After the Iddah (waiting) period, can the lady marry anyone of her choice or does the husband have to give her the other talaaq before she is free?

2: During her iddah, the husband wants to take her back but she is not sure that this is what she wants, he is trying to court her to win her back, is she allowed to go out with him, considering that she is sitting in iddah?

A: 1: She may marry anyone of her choice; there is no need for another talaaq. In any case, such a talaaq will not occur because after the iddat the marriage is over.

2: She is not allowed to go out with him because she is sitting in the iddat of a baain talaaq.

Moulana Nazeem Moosagie
Checked and approved by: Mufti Siraj Desai

Dua for False Allegations

Q: What can a person do or pray when someone tells lies about them. My far cousin has told someone who was to come propose marriage to me, lies regarding me and he believed her. So is there anything I can do or pray to clear these lies?

A: One should be entirely sure that the far cousin had done this. Do not base this on suspicion and hearsay. If it is confirmed, ask someone reliable to convey to the boy the reality of the matter. Forgive that person and make Sabr. The rewards of forgiving and Sabr is very great.
Recite in abundance:

حَسْبُنَا اللهُ وَ نِعْمَ الْوَكِيْلُ ، نِعْمَ الْـمَوْلى وَ نِعْمَ النَّصِيْرُ ،

HASBUNALLAAHU WA NI'MAL WAKEEL. NI'MAL MAULAA WA NI'MAN NASEER

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Permanent Eyeliner

Q: Is it permissable to get a permanent eyeliner?

A: Permanent eyeliner is forbidden. It falls under the category of tattooing, which is forbidden.
Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Status of Botox

Q: Is Botox haraam?

A: Botox contains human albumin that is derived from human blood. This is according to the manufacturers of Botox. Details can be found on their website. This ingredient will make the use of Botox Haraam. Secondly, the use of Botox is not for a major sickness, but just for the temporary removal of frown lines, etc. This does not warrant the use of a medication with a Haraam ingredient.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Remarrying in Court

Q: My wife and I got married according to shariah. Is it neccessary to remarry in court?

A: An Islamic marriage renders the couple husband and wife in the Eyes of Allah Ta'aala. This is most important and has been done. Over and above this, if there is a need for a court marriage for certain legal or business reasons, etc. then one may 'remarry' in court. Otherwise there is no need at all to get married in court.

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Divorce in Pregnancy

Q: What are the rules regarding talaaq (divorce) while the wife is pregnant?

A: There is no difference with regard to Talaaq issued to a pregnant or non pregnant wife. The difference is in the period of Iddat. The Iddat of a pregnant wife who has been issued Talaaq will end at the birth of the baby. (Al Hindiyyah V1 P528)

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Suing for Damages

Q: I am Hafizul Quran. One day I was playing cricket with my team mate, during match we had some argument and after that he hit me on my face with cricket bat. After that one of my friends(my bosses nephew) who works with me exchanged heated words with the guy who hit me. The guy who hit me later on realized that he made a big mistake so he took me to private hospital, paid R5,000 for my medical expenses and apologized. We hugged each other and everything was finished. Later on my boss who is the Trustee of the Musjid and his nephew asked me to press charges against that boy who hit me (to teach him a lesson). I went to the police and laid the charge against the boy. The police brought him to the police station and in front of the investigating officer and another Muslim brother I told him that I don't want to do this thing but my boss who is trustee of the Musjid who is like a father to me asked me to do so. Next day my boss and his nephew sent back that R5,000 for the hospital. After that they asked me to sue that boy for R100,000 for damaging, insulting and humiliating in public. My question is: Is this the right way to solve the problem? If I win the case or an out of court settlement takes place and I get money, will that money will be Halaal for me ?

A. Hafiz Saheb, Allah Ta'aala has blessed you with the gift of Hifzul Qur'aan. Do not waste your time in futile play. You have now seen the result of this futile act. The person who hit you apologized and hugged you and you forgave him. After making peace among yourselves, it is extremely wrong for you to report the matter to the police and lay a charge, even if you are being encouraged by others to do so. After forgiving him, you cannot retract your forgiveness. After forgiving him, whether it is an out of court settlement or the court awards you the money, that money is Haraam for you. You will have to return that money to that person. You now owe him an apology. The Qur'aan has promised reward for a person who forgives. You received that reward when you forgave him. By laying a charge after forgiving him, you have destroyed that great reward from Allah Ta'aala.

May Allah Ta'aala guide you. Aameen.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Proof of Divorce

Q: I need a document as proof of my talaaq (divorce) for the bank because I want the bank to transfer the bond onto my name. Would such a document be obtainable and how do I go about getting one. According to the bank I need a certificate of divorce with a stamp as well as stating the amount of child maintenance I receive.

A: Was the Talaaq written and issued? If yes, then use that document. If not, request your ex partner through someone to prepare such a document. The document can then be certified by a commissioner of oaths in your area. Contact the Darul Uloom for further information. (041 457 1326).

Mufti Siraj Desai

Zakaat on Cars, Motorbikes, Furniture, PC

Q: Do I have to pay Zakaat on my car, motor bike, computers and furniture?

A: Zakatable items are:
(a) Cash, which is in one’s possession for a lunar year and is equivalent or more than the Nisaab.
(b) Gold equivalent to the weight of 87.49 grams.
(c) Silver equivalent to 612.44 grams.
(d) Stock in trade i.e. merchandise.

There is no Zakaat on machinery, fixed properties, etc. Yes, the income derived therefrom will be Zakatable, if all the conditions that make Zakaat Fardh are found.There is no Zakaat on your car, motorbike, computers, furniture, etc.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Outcomes of Istikhaarah

Q: I have a question about Istikhara and marriage. I wanted to know if an Istikhara comes okay for a potential future partner, does that mean that the person will be good for your future? But it doesn't necessarily mean you get married to them right? Because my sister has had many proposals, and a lot of the Istikharas turned out good, but she never ended up getting married to them. So does a good Istikhara just mean that the person will be good for you? And it doesn't actually mean you have to get married to them?

Also, if an Istikhara comes out bad, does it mean that the potential partner is a bad person? It doesn't necessarily mean that the person is bad, does it? Because I know of someone who is a good person, and the Istikhara came out negative for her, and now the other party thinks the girl is bad, and has a bad opinion of her. Whereas in reality she is a good girl. Isn't it wrong to think that a person is bad, just because an istikhara was negative?

A: Istikhaarah is a means of 'consulting' with Allah Ta'aala, an indication of whether the right decision is being made and a source of blessing. It is not compulsory to carry out the act after making Istikhaarah. If the Istikhaarah is positive, it does indicate that the person will be right for your future, but you don’t have to marry that person. The final decision is still yours. If the Istikhaarah turns out negative, it does not mean that the person is bad, but indicates that there may not be compatibility between the two. To harbour ill thoughts regarding that person is not permissible and a grave sin.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Istikhaarah with Quraan

Q: How is Istikhaarah made using the Qur'aan? And can one do it oneself, or do we need a learned person.

A: The Sunnah method of Istikhaarah is the performance of two Rakaats Salaah and the recital of the Masnoon Du'aa thereafter. Using the Qur'aan for this purpose will not take the place of the Sunnah method of Istikhaarah, but will be considered as an Amal, which will be permissible. It is preferable that it is done by an Aalim who understands the Qur'aan.
Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Minimum Rakaats for Tahajjud

Q: What is the minimum amount of Rakaats for Tahajjud Salaah?

A: The minimum amount of Tahajjud is two Rakaats.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Method of Witr Salaah

Q: What is the correct way to perform Witr namaz (Salaah)?

A: The method of performing three Rakaats Witr Namaaz is as follows:

Perform two Rakaats as is usually done.

After Tashahhud (Attahiyyaat) in the second Rakaat, stand up for the third Rakaat.

Recite Surah Faatihah and Surah in this third Rakaat.

After reciting the Surah, lift the hands to the ears while saying the Takbeer (Allaahu Akbar). Fold the hands again below the navel. Recite the Du'aa Qunoot.

Thereafter make Ruku and complete the Namaaz as normal.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Muslim Girl Eloping with Hindu Boy

Q: What is the consequence for a Muslim girl who runs away with a Hindu boy, and intends to marry him? And what is the consequence for the family, who set out to kill him after discussions have failed and he refuses to consider reverting to Islam?

A: Obviously, it is a major sin for a Muslim girl to run away with a boy, especially a non Muslim who refuses to revert to Islam. If she marries him while he is in the state of Kufr, that marriage is not valid in Islam. She will be living in sin as long as she is with him; and children born in that wedlock will be illegitimate according to Shari'ah.If this happens in an Islamic country, the family will turn to the Islamic state for help and the matter will be sorted out according to Islamic law. In any other country, if they kill the boy, they will be charged for murder and bring great difficulty upon themselves. They should not kill him. With Du'aa, they must keep on speaking and advising the girl until she comes to her senses, realises her mistake and returns to her home. Do not cut ties with her, but keep on advising her.

May Allah Ta'aala guide her and all Muslims. Aameen.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Reciting Naats

Q: Ye naat parhna kaisa amal hey?

Translation: What is the status of reciting Naats (praise of the Prophet sallallahu alaihi wa sallam)?

A: Na't Shareef parhna aur sunna donon bahaut acha amal hai aur sawaab ka kaam hai. Bas itna yaad rakhe ke Na't main alfaaz saheeh haun aur ghalat aqeedah yaa ghuloo us mein na hau.

Translation: To recite and listen to Naats are both good actions and a means of reward. Keep this in mind that the words of the Naats should be Islamically correct and there should not be any incorrect beliefs or transgressing of the limits of Islam in them.

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Brother's Grandson as Mahram

Q: Is your brother's or sister's grandson a mehram for you?

A: Your sister or brother's grandsons will be your Mahram. (Ahsanul Fataawa V5 P 91)

Moulana Nazeem Moosagie
Checked and approved by: Mufti Siraj Desai

Prophet Dawood (David) alaihis salaam

Q: Can you tell me about Prophet Dawood (David) alaihis salaam and the zaboor (Psalms)?

A: Nabi Dawood (Alayhis Salaam) is from the progeny of Nabi Ya'qoob (Alayhis Salaam) and a Nabi from the Bani Israa'eel. After the slaying of Jaaloot (Goliath) by Nabi Dawood, the Bani Israa'eel began to love and honour him. Thereafter he became the ruler and also received the mantle of prophethood. Before this, prophethood and rulership were always in two separate families. This was the first time that both were in one family and one person. He was known for his bravery, intelligence, wisdom and accurate judgements. He was assisted with Divine revelation in his judgements. It is narrated from Sayyidina ibni Abbaas (Radhiyallaahu Anhumaa) that once two people came to Nabi Dawood to settle a dispute over ownership of a bull. Each one claimed ownership and that the other one is the usurper. Nabi Dawood delayed the judgement for the following day. On the next day he called one of them and said to him that "Last night I was instructed through revelation (Wahi) to execute you. Tell me, what is the truth?" This person replied: "O truthful Nabi of Allah! I am completely truthful with regard to the claim on the bull, but a while back I had deceived the other claimant's father and killed him." Thereafter Nabi Dawood ordered that this person be executed for the killing.

He was always blessed with victory. He always gained victory with a small group of people over large forces. Thus, in a short time, he ruled over vast areas. He was also a great orator and was blessed with an extremely beautiful voice. When he recited the Zaboor, man and Jinn, even animals and birds stopped to listen to his recital. The Taurah served as a code of law for his people. The Zaboor revealed to him did not consist of a new code of law. The Zaboor contained mostly praises of Allah Ta'aala, advices and words of wisdom. It also foretold the advent of Rasulullah (Sallallaahu Alayhi wa Sallam). The Zaboor was revealed on the 12th night of Ramadhaan to Nabi Dawood (Alayhis Salaam). Although he was the king and had treasures at his disposal, he never took anything from the treasury for himself or his family, but earned with his own hands. His miracle was that Allah made steel become soft and flexible in his hands. He would make coats of armour and sell them for an income. He was also gifted with the ability to understand the sounds of the birds. Thus, he would understand the language of the birds.

A narration from Sayyidina Abu Hurayrah (Radhiyallaahu Anhu) is recorded in the Hadeeth compilation 'Mustadrak Haakim' that after Sayyidina Adam (Alayhis Salaam) was created, his entire progeny was presented to him. Among them he saw a handsome person with a shining forehead. He asked Allah Ta'aala who it is. Allah said that it is a person from among your progeny who will be born much later. He then asked that how long will he live for? The reply was sixty years. He then said that give him another forty years from my lifespan. When it was time for the demise of Sayyidina Adam, the angel of death arrived to take his soul. He said to the angel of death that I still have forty years of life left. The angel said to him: you forgot that you gave forty years of your life to one of your sons Dawood! From this narration it is understood that Nabi Dawood lived for a hundred years. His son Nabi Sulayman (Alayhis Salaam) became the Nabi and ruler after the demise of Nabi Dawood (Alayhis Salaam).

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Marijuana for Asthma

Q: Is marijuana haram (prohibited) or makruh (disliked), because it is also used as a medicine for asthmatics?

A: Marijuana is usually boiled and used for asthmatics and this will be permissible. The fresh leaves are boiled. It is not smoked as a cure for asthma. When smoked, it causes intoxication, and this is Haraam. Sayyidina Waa'il ibni Hajar (Radhiyallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi wa Sallam) said: Every intoxicant is Haraam. (Shu'abul Imaan V2 P160). This will include intoxicants in all forms; whether alcohol, marijuana, drugs, etc.

May Allah Ta'aala grant you His Divine pleasure perpetually. Aameen.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

A Little Alcohol and Marijuana

Q: If I drink alcohol in a small quantity e.g. just one glass and I feel fine, and it's time for Salaah. If I take a shower am I allowed to pray? And if not what time should I wait to pray?

A: Alcohol in any quantity is totally Haraam, even if it is one drop. If you are sober and in your senses at the time of Namaaz, then you will perform Namaaz. If you are drunk and not in your senses at the time of Namaaz, you will wait until you are sober and know exactly what you are doing. This is one of the evil consequences of consuming alcohol; a drunken person cannot fulfil the important Ibaadat of Salaah on time.

May Allah Ta'aala save us. Aameen.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Wife Changing Name

Q: My wife has the same name which name belong to my aunty. I feel ashamed to call her this name. Can I call her some different name?

A: You can call her by a pet name which has a good meaning and the person likes the pet name. Rasulullah (Sallallaahu Alayhi wa Sallam) also gave pet names to certain Sahaabah (Radhiyallaahu Anhum). (Tahzeebul Asmaa V1 P25)

Moulana yusuf Laher
Checked and approved by: Mufti Siraj Desai

Nature of Wet Dreams

Q: I wanted to find out if it is normal to have wet dreams at night. One makes every effort to avoid lustful glances.

A: A wet dream is a natural way of the body expelling excessive semen. It is normal and no sin is incurred. Yes, protect the gaze as much as possible and keep the heart and thoughts clean. If the wet dreams are occurring often, recite Surah Taariq (in Juz 30) before sleeping.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Khatam in a Gathering

Q: Is the act of Khatam (completion of the Quraan) permissible in a gathering? Do acts of Riya (show) take place in a gathering? Does this method of Khatams have any sunnah basis?

A: The method of Khatams in vogue are not proven from the Sunnah, nor was it the system of the noble Sahaabah Kiraam (Radhiyallaahu Anhum). Thus, it is best not to participate in such Khatam gatherings, though it is permissible to do so. One should not regard these gatherings as Sunnah, nor so necessary, that those who don't participate in them are condemned and criticized. As far as Riya is concerned, it depends on the intention of the individual.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Istikhaarah Salaah

Q: I previously asked my one of my friends as well as (recently) both my grandmothers to read Istikhaarah Salaah on my behalf with regards to a potential marriage partner. All the answers I received from them were positive. I firmly believe that these answers are correct and that I do not have to also read because they have done so on my behalf. I am also of the opinion that my answer will be biased since I do want to marry this girl. Are my thoughts in this regard incorrect? The prospective girl has read Istikhaarah before and she believes the answer was positive but now she is reading it again just to be 100% sure. Please advise me on this.

A: The purpose of Istikhaarah is to 'consult' with Allah Ta'aala, and through the blessing of this act, gain Barakah in the future endeavour, in your case the marriage. Istikhaarah should be done by the person who requires the assurance and not by anyone else. Although you are certain and positive with regard to this marriage, you should still make Istikhaarah to gain the Barakah and blessings of such a great Amal. After the girl made Istikhaarah and her answer was positive, there is no need to repeat the Istikhaarah by her.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Handling a Trust with Interest Income

Q: I am an accountant handling the work of a trust. Less than half of the income of the trust is interest. Can I handle this account?

A: Our pristine Shari'ah strictly prohibits any level of participation in interest (Riba). Although the portion of interest is less than half of the entire income, it will not be permissible to handle this type of trust.Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Invoicing and Taxes

Q: I am getting some good from another country. Is it permissible to ask the company to create a seperate invoice with a lower value in order to pay less tax on the goods?

A: In Islam taxation that is imposed on the wealth of people is not permissible, even if such taxes are fixed by Muslim governments, let alone non Muslims. The Muslim Jurists have stated in many of their works that a Muslim is allowed to utilize any method at his disposal to avoid paying taxes, even though such a method may appear dubious or deceptive. In reality one is warding off an unjust imposition, whereas deceit and false pretences are only haraam when the idea is to acquire the property of another unjustly, or cause unlawful loss to the property of another.

And Allah knows best

Mufti Siraj Desai

Working in a Casino

Q: If a man is unemployed and eventually gets a job at a casino as a supervisor, are his wages Halaal?

A: His wages will not be Halaal. He has to find another job, even if the other job pays a lesser salary. The Holy Qur'aan, in two places, viz Surah Baqarah, verse 219, and Surah Maa-idah, verse 90, has sternly condemned gambling and called it a major sin. Also in Surah Maa-idah, verse 2, Almighty Allah prohibits us to help people in committing sin. The conclusion we thus get from these verses is that to work for a place that promotes gambling is Haraam and a major sin.

Mufti Siraj Desai

Encouraging Beggars

Q: We receive on average 8 beggars a day at our house and we always give them something to eat or some change because I understand it is our duty to do so. Recently three of our neighbors mentioned to us that we should stop encouraging begging by giving them and that in future these beggars will steal from us and the surrounding homes because they know what is happening in our area/street. On the one hand I must give the beggars and on the other hand are the rights of the neighbors. What should we do?

A: Although Shari'ah encourages giving the needy, it also grants one the right of security and protection. If you truly feel that they can become a threat to you and your neighbours, then stop giving them and discourage them from coming to your door. If among them there are those who are genuinely in need and you feel that they will not be a threat because of old age, etc., do not stop giving them.

Moulana Yusuf Laher

Mufti Siraj Saheb adds: It has been reliably learnt and also experienced that the small children that come for bread are actually not in real need. Their motive is to check out the houses and inform would-be burglars. It has happened on more than one occasion that a child slipped into the house while the housewife went inside to fetch bread. This kid hid somewhere and when night fell, opened the door to allow bigger thieves inside. Needless to say, they ransacked the entire house. Thanks to Allah they never touched the sleeping occupants. Under these circumstances, Shari'ah will permit one turning these kids away and refusing to give them any handouts.

Checked and approved by:
Mufti Siraj Desai

Working as Waiter in Restaurant

Q: Is it permissible to work as waiter in a restaurant or hotel?

A: It will be permissible if the person is not handling Haraam food or alcohol.The Holy Qur'aan, in two places, viz Surah Baqarah, verse 219, and Surah Maa-idah, verse 90, has sternly condemned wine and branded its consumption a major sin. Also in Surah Maa-idah, verse 2, Almighty Allah prohibits us to help people in committing sin. The conclusion we thus get from these verses is that to work for a place that sells and serves wine is haraam and a major sin.Rasulullah (Sallallaahu Alayhi wa Sallam) said: “He who believes in Allah and the Last Day, should not sit at a meal where wine is served.” Hence working in a restaurant that serves wine is Haraam and very sinful.If food is Haraam for a Muslim to consume, then serving it to others is also Haraam. (Durre-e-Mukhtaar)

Mufti Siraj Desai

Dua to Overcome Problems

Q: We have an immigration hearing in two months time. Please tell me any dua/wazifa, so that we are successful with Allah's blessing.

A: The best Wazifa is plenty of Du'aa to overcome any problem. Also recite Surah Yaasin. When going for the hearing, recite the following Wazeefa abundantly. When those interrogating you are present, blow towards them once without them being aware of it.

يَا سُبُّوْحُ يَا قُدُّوْسُ يَا غَفُوْرُ يَا وَدُوْدُ

YAA SUBBOOHU YAA QUDDOOSU YAA GHAFOORU YAA WADOODU

May Allah Ta'aala grant you success in all your permissible endeavours. Aameen.

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Alcohol in Islam

Q: Is it allowed for a Muslim to take alcohol?

A: Alcohol and all intoxicants are completely forbidden in Islam, irrespective of the quantity consumed. Almighty Allah states in the Holy Qur'aan: O Believers! Verily wine is filth of Shaytaan, so abstain totally from it; (Surah 5: 90) And: “They ask you about wine and gambling; Say: In it is there is great sin…. (Surah 2:219)

Mufti Siraj Desai

Divorce and the Word Talaagh

Q: I said in Urdu 'Mai tumhe Talaagh deta hoon' (I give you Talaagh). Will this constitute any Talaaq (divorce) as I said the word 'Talaagh' instead of Talaaq intentionally in order to avoid Talaaq to take place? Please reply if this has constituted any Shar'i Talaaq or not?

A: Even the word 'Talaagh' causes a Talaaq to take place. In your case, one Talaaq Raj'ee has taken place. This means that you can take her back in your Nikah during the Iddat period without performing a new Nikah. If the Iddat period expires, then a new Nikah will be performed. (Raddul Muhtaar V10 P500)

Moulana Nazeem Moosagie
Checked and approved by: Mufti Siraj Desai

Pausing Before Qiyaam

Q: I have seen a few brothers who follow the Shaafi'i madh-hab, pause before standing for qiyaam after their two sajdahs in the first and third raka'aat. What is this practice called and what is the correct way to do it? Can I do this in any salaah? I am Shaafi'i as well.

A: It is recorded in the Shaafi'ee books of Fiqh that it is Sunnah to sit after the two Sajdahs, before standing for the next Rakaat. (Al Muqaddamatul Hadhramiyyah V1 P71) This sitting is called 'Jalsatul Istiraaha'. This will be done before standing for the first and third Rakaats. It is a sitting for a very short while. It can be done in all Salaah. The Hadeeth relating to this sitting is recorded in Bukhaari V1 P283.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Men Wearing Stainless Steel Rings

Q: Are men allowed to wear stainless steel rings?

A: Men are allowed to wear rings made of silver only. Rasulullah (Sallallaahu Alayhi wasallam) wore a ring that he used as a seal on correspondence, etc. The Khulafaae Raashideen (Radhiyallaahu Anhum) also wore rings for a similar purpose. This need does not apply today. We do not use rings for this purpose (i.e. applying seals or emblems to correspondence, etc) anymore. Although permissible, some jurists are of the opinion that if a ring is not worn for this purpose, then it should not be worn at all. Stainless steel rings will not be permissible to wear.

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Stopping Menstruation for Ramadaan

Q: Are women allowed to skip their monthly Ghayd (Haidh/menstruation) cycle by taking the pill so as to be able to fast for the whole month of Ramadaan.

A: This will be permissible but detrimental to your health. Do not interfere in the system created by Allah Ta'aala for our bodies. The Qadhaa of the missed fasts which will be kept after Ramadhaan will bring the same reward, so why endanger your health? This method of taking medication to stop the periods is unnecessary.

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Accidentally Touching Wife and Wudhu

Q: My wife gets angry if I accidentally touch her while she is in the state of wudu. I am Hanafi and my wife is Shafi. Do I break her wudu?

A: It is clearly stated in all the Shaafi'ee books of Fiqh that if the husband or a Ghayr Mahram (strange) male touches the female skin on skin, the Wudhu breaks. Your Wudhu will not break by touching her but her Wudhu will break. You should respect her Madh-hab and not touch her while she is in the state of Wudhu. Each Madh-hab has its own set of proofs from Qur'aan and Sunnah, details of which are obviously very technical and lengthy.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Time for Legal Punishments

Q: Sazay moot subho suraj nikalnay say pahlay kun de jati hay?

Translation: Why are legal punishments for crime (e.g. executions) carried out before sunrise?

A: Sooraj nikalne sai pehle phaansi dena koi Shar'i Qaa'idah nahin hai. Jis mulk main aisa hota hai, unhon nai aisi waqt khood ikhtiyaar kiya hai. Yeh kisi bhi waqt kiya jaasakta hai.

Translation: It is not a Shari' law that punishments like executions be carried out before sunrise. Whichever country has adopted this method has done so out of their own choice. These punishments can be carried out at any time.

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

No Bismillah for Surah Taubah

Q: I noticed that Surah Taubah does not begin with bismillah. Is there a reason for this?

A: Two reasons are mentioned for this:

a) Surah Taubah is actually part of the previous Surah, thus no need for the Bismillaah here.

b) In this Surah (Taubah) Allah Ta'aala speaks of Jihad, etc., expressing His wrath and anger. Bismillaah is a means of drawing the mercy of Allah. Due to expressing respect for the Divine wrath at this juncture (Surah Taubah), we will not call upon Divine mercy at such a time.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Drinking Wife's Milk for Cure

Q: Can a husband drink his wife's breast milk? This cured my Asthma and increased my immunity. The wife is happy to do so.

A: Drinking of the wife's breast milk, although it does not affect the Nikah, is forbidden in the Shari'ah, even if your wife grants permission. It may be a cure for Asthma and an immunity booster, but it would still be forbidden for you. There are many other permissible medications for these purposes, which you can use. (Fataawa Rahimiyyah V2 P112)

And Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Placing Stone Behind Deceased in Grave

Q: Is it permissible to place a stone or brick behind the mayyit in the grave so that the body does not fall back when laying it down towards qiblah? (Shaafi' Math-hab)

A: It is permissible to place a brick or stone behind the dead body for this purpose. (Hashiyatul-Jumal)

Kissing Wife and Wudhu

Q: If a man kisses his wife or a non-mehram without touching her, does the wudhu break? That is, he never touched her with the hand; it was just a peck on the cheek. (Shaafi' Math-hab)

A: Wudhu breaks by kissing the wife or a non-mehram, even if the man did not touch the female with the naked hand. (Al-Haawi fee Al-Fiqh As-Shaafi’)

Pausing Before Qiyaam

Q: I have seen a few brothers who follow the Shaafi' Math-hab, pause before standing for Qiyaam after their two Sajdahs in the first and third Rakaat. What is this practice called and what is the correct way to do it? Can I do this in any Salaah? I am Shaafi'ee as well. Please supply references from the Hadeeth.

A: It is recorded in the Shaafi' books of Fiqh that it is Sunnah to sit after the two Sajdahs, before standing for the next Rakaat. (Al Muqaddamatul Hadhramiyyah v.1 p.71) This sitting is called 'Jalsatul-Istiraaha', meaning a sitting of rest. It is a short pause while the musallee sits down before standing up for the first and third Rakaats. It can be done in all Salaah. The Hadeeth relating to this sitting is recorded in Bukhari Vol.1 p.283.

Gold Fillings

Q: Are gold fillings permissible, and is zakaat waajib on them?

A: Gold fillings are not permissible if silver fillings can be used. If for some reason silver fillings do not serve one’s purpose, then gold fillings are allowed. There is no zakaat on gold fillings.

Beating a Wife

Q: Does Islam give permission to a husband to beat his wife? If so, in which cases can he beat his wife? What is the punishment on the Day of Judgement for a wife if she disobeys her husband? I heard that if a husband tells his wife not to go to her mother’s place, she should obey and not go. Is it true?

A: The hadith states that when the wife disobeys her husband then he can beat her by making a knot on the edge of his shawl and then tapping her lightly with this part of the shawl. But violent or severe beating is haraam and not allowed. A wife who disobeys her husband for no valid reason is cursed by Almighty Allah, and if she dies without taubah and without pleasing her husband, she will be deprived of Allah’s Mercy on the Day of Judgment. A man should allow his wife to see her parents at least once a week. This is her right. If he stops her from going more than once a week, she has no alternative but to obey him.

Birthday/Anniversary Parties

Q: Can we wish our friends on birthdays, anniversaries, etc. and can we attend parties on these occasions? Some people say there is nothing wrong in attending such parties.

A: Wishing people happy birthday and anniversary, attending such parties and anniversaries, are all customs of the non-Muslims and not permissible. Birthday parties originate from the customs of Pagans and idol-worshipper, so Islamically it should be avoided. Furthermore, much money is wasted on these unnecessary parties, and in such events there will always be mixed gatherings which makes it all the more haraam.

Boss Not Allowing Tips

Q: My husband works in a business. The well known customers normally give tips. Is it permissible to use this money or is it seen as sadaqah? The second part to this is the owner of the business does not want this to take place and has put a sign up in the business advising clients not to tip the workers. However, because of the relationship built-up, clients still gives tips to a maximum amount of R20. Are we allowed to use this money for our personal use? Please note the reason the owner took these measures was due to the fact that some of the other employees were taking huge amounts as well as forcing customers to give them tips.

A: If your husband does not ask for tips, nor is there any form of coercion in acquiring these tips; instead customers do so out of their own volition and purely as an act of kindness, then it will be permissible to accept and utilize the money. This is not sadaqah, rather a gift from the clients.

Another reason why accepting such tips will be permissible is that the client does not pay your husband for any work or service rendered. Instead he pays the owner of the shop. Hence it will be said that such tips are not over and above any price charged.

In short it will be lawful to utilize such money, based on the conditions mentioned above.

Punishment in this World and Hereafter for a Sin

Q: If we commit a sin in this world and we are punished for it (e.g.. by going to prison or being lashed), then does this punishment reduce or eliminate the punishment in the hereafter?

A: Any punishment meted out in this world for a crime, does not exonerate the perpetrator in the hereafter unless he or she has repented before death. The purpose of worldly punishments is to maintain law and order, and to preserve the rights and dignity of fellow human beings. If there was no punishment for crimes in this world, there would be total chaos and carnage. So these punishments are not ordained to bring automatic forgiveness to the one who commits them.

However, it is possible that while receiving that punishment or immediately thereafter the individual might be driven towards repentance. This will Insha Allah, secure forgiveness in the hereafter. In short, forgiveness in the hereafter only comes through taubah or repentance. The physical punishment received for a crime in this world has nothing to do with repentance in the akhirah. That's why it is possible for a person to evade punishment in this world, and then make sincere taubah and be saved in the hereafter, too. By the same token, it is possible that a criminal is punished here, and due to lack of taubah is also chastised in the hereafter. Salvation in the hereafter (akhirah) is therefore pinned to taubah or repentance.

Hadith on Virtues of Giving up Disputes

Q: Please confirm whether this is a hadith or not: Narrated Abu Umamah radhiallahu anhu, Prophet Muhammad sallallahu alaihi wa sallam said: 1) I guarantee a home in Paradise for a person who gives up arguments and disputes even if he is on the truth. 2) And (I also guarantee) a home in the middle of Paradise for a person who gives up lying (false statements) even while joking. 3) And (I also guarantee) a home in the highest part of Paradise for a person who has a high standard of character.

A: Yes, this is an authentic hadith that appears in Tirmizhi, Nasaa-ee and many other famous books.

Adding Wife to Company Medical Aid

Q: Can a husband working for a company add his wife onto his medical aid? Does the type of plan matter? One gets a hospital cover only and then there are plans which have a built in savings account which can be used for day-to-day medical expenses. If the concept of insurance and medical aid is the same (i.e. both instances one contributes for a risk that MIGHT happen in the future), what makes the one permissible and the other not?

A: It will be permissible for the husband to put his wife onto his medical aid that the company has taken out for him. In this case the type of plan does not matter at all. It may be a hospital plan with full or partial cover, or cover for day to day medical expenses, or cover for medication only, etc.

The reason for permissibility of the above form of medical aid as opposed to insurance is that one who works for a company is forced to take out a medical aid policy; he does not do so voluntarily. It is company policy. When it is company policy that each employee must have medical aid, the company compulsorily deducts a certain amount from the employee’s salary which is then contributed to the medical aid scheme. According to Shariah, a salary is the nett amount that comes into the hands of the worker at the end of the week or month. What is not received in cash by him is not considered part of his salary, unless he has optionally asked the boss to keep back a certain amount or to invest an amount. On his behalf. According to this Islamic technicality, the sum of money contributed by the company to the medical aid scheme does not form part of the employee’s salary even though the company considers it as part of salary. It therefore follows that the employee is not contributing to the scheme; rather it’s his boss or company who pays the premium. The employee, thus, has nothing to do with the medical aid scheme, so any benefits or payouts that he receives from the scheme is not related to any contribution of his own. He has had no dealings with the medical aid company, so the issues of risk and usury do not arise. However, in insurance it is the client who deals directly with the insurance company and pays premiums voluntarily; hence such a scheme is not allowed in Islam, for the risk and usury factors are quite prominent.

Asking Prospective Husband for Aids Test

Q: Can the parents of a girl who is proposed ask the boy to take an Aids test before the nikah (given the current Aids crisis and the behaviour of our Muslim girls and boys)?

A: Parents are allowed to request an Aids if the background or character of the boy indicates towards immoral behaviour. But if the boy comes from a normal, good family and has been a youth of good morality, then such a request will offend the boy and his party. In that case it will not be permissible to make such a request, for Islam does not allow any statement or action that hurts the feelings of a fellow Muslim.

Also note that in the case where making such a request is allowed, the boy is not under any obligation whatsoever to go for the test. In other words, this cannot be stipulated as a condition for the nikah, and he cannot be forced to go for an Aids test. If he does so voluntarily, it is his choice.

Punishment for Leaving out Sunnats of Salaah

Q: If we don’t pray the sunnats of Zuhr, Maghrib and Witr of Esha are we going to be punished on the Day of Judgement?

A: One who misses witr of eshaa and sunnats of zuhr might be punished on the Day of Qiyaamat. So one should read these rakaats. It also appears in the hadith that one always omits the four sunnat before zuhr, will be deprived of the intercession of Our Rasool sallallahu alaihi wa sallam.

Sitting and Eating/Drinking

Q: It is sunnah muakkada to sit and drink water or can we stand and drink?

A: Yes it is sunnah to sit when eating or drinking. Though there is no sin in standing while eating or drinking, one should avoid this entirely.

Breastfeeding Brother's Son

Q: If a woman breast-feeds her own daughter and at the same time she breast-feeds her brother’s son; is it haraam for any of her brother's sons and daughters to marry this woman’s sons and daughter?

A: In the case you mentioned, the other sons of her brother can marry her daughter, and also the daughters of her brother can marry her sons. But the brother’s son who drank her milk cannot marry any of her daughters.

Female Studying

Q: I would like to know if it is permissible for females to study. I intend going to go to a girls-only university and am also in complete pardah. Will it be permissible?

A: It is not permissible for females to leave home and study, even if they are in pardah. This does not fall under necessity. A woman is only allowed to leave home when a necessity arises. You may study any degree, but do so from home. You can do it through a correspondence course. However, I would suggest that once you've finished schooling, don't worry about further degrees. Start getting ready for marriage by learning the ways of a housewife.
From experience I have learnt that when girls spend their teen years studying, there is no time to groom themselves for marriage by learning the finer points of cooking, housekeeping, etc. A young female also needs to start reading up on the Islamic Laws related to marriage, for without this a girl cannot become a proper and true wife. Furthermore, when a girl attains a degree, she will not stop at that but would be driven to start working. Then when she starts working and earning money (and nowadays women find jobs easier than men, and get better pay) she will discard the laws of pardah in the course of her work. She might even be working with men or interacting with them. This will later on impact on her marriage, as will her earning more than the husband should this materialize. Marriages have broken down due to wives working, for three main reasons:
1) The wife works with men, or comes into contact with them during work, and this (naturally) annoys the husband;
2) The wife earns more than the husband, so he feels inferior, and at times she regards him as inferior;
3) She feels independent, and believes that if her husband leaves, she can survive on her own.
These points are the ideal recipe for marital catastrophe.

Method of Showering after Sexual Intercourse

Q: How does one shower after sexual intercourse?

A: To take a bath after intercourse is compulsory (Fardh).

The Sunnah method of taking a bath is as follows:
1. Wash both hands up to the wrists thrice.

2. Thereafter wash off any impurity that may be on the body thrice.

3. Now make Istinjaa of both the front and hind private parts whether there is a need or not.

4. Thereafter, perform Wudhu according to the Sunnah manner. If one is bathing in such a place where the water does not flow away but gathers at the feet, then wash the feet after moving away from that place. If the water does not gather but flows away, then wash the feet during the Wudhu.

5. Now pour water over the head, then the right shoulder and then the left shoulder. Use so much water that it flows down the body and reaches the feet. Rub the body with the hands. Repeat this entire procedure another two times. If one feels that a certain portion of the body has remained dry, pour water over that portion and rub it to ensure that it also has been washed.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Seeing a Potential Wife

Q: How does Islam permit us (women) to show ourselves to potential grooms during a marriage proposal?

A: The potential bridegroom is allowed to only expose her face and hands in the presence of the potential groom. He is only allowed to see that much. The rest of her body should be covered. There should be a Mahram present with her when he views her. It is forbidden for two strangers to be alone, even for the purpose of marriage. (Raddul Muhtaar V26 P 392,398 & 400)

Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Wishing for more Children

Q: My wife and I have 3 kids already. We would like to have twins. Is it wrong of us to want twins?

A: Wishing for twins even after having three kids is a permissible desire. Make Du'aa unto Allah Ta'aala for the fulfilment of your wish. Do not become despondent and dejected if in His infinite wisdom, Allah Ta'aala does not grant this. He alone knows what is best for us. We have to be pleased with what has been decreed. To be pleased with what has been decreed is the formula for contentment. The benefit and reward for Du'aa which has not materialised in this world will be received in the hereafter. Thus, a Muslim never loses out, he receives the fulfilment of Du'aa here, another calamity is removed in lieu of the Du'aa, or he receives the benefit in the hereafter.

May Allah Ta'aala grant us all contentment. Aameen.

Moulana Yusuf Laher

Checked and approved by:Mufti Siraj Desai

Debonairs PE Halaal Status

Q: Is Debonairs in Port Elizabeth Halaal?

A: To the best of our knowledge Debonairs is not Halaal. We suggest that you visit them and ask to be shown a Halaal certificate.

Mufti Siraj Desai

Showering after Sexual Intercourse

Q: Should showering after sexual intercourse be done immediately?

A: It is best to bath as soon as possible after intercourse. It is also permissible to delay the bath up to the next Salaah time.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Zakaat for Musjid Renovations

Q: May a person give Zakaat towards the renovations of a Masjid? What is the penalty for having missed a year's Zakaah?

A: Zakaat may not be given towards the renovation of a Masjid. It must necessarily be given to a Muslim who is eligible for Zakaat. (Shaami V7 P226) There is no 'penalty' for missing a year's Zakaat. The Zakaat of that year must still be given. Taubah should be made if one delayed the payment of Zakaat without a valid reason. (Shaami V6 P496)

Moulana Yusuf Laher
Checked and approved by:Mufti Siraj Desai

Studying Actuarial Science

Q: Is it permissible to become an actuary and is it permissible to study actuarial science?

A: The study of actuarial science is permissible as a science. After receiving a degree in this science, one should use it to earn a lawful income by entering a field that is allowed by Shariah. Insurance companies use such qualified people in their industry. To work for an insurance company using this science, or to use it in any insurance related matter, or to apply it in any forbidden matter will not be permissible. It will be permissible to apply it to a range of applications outside the insurance industry on condition that they (applications) are not Islamically forbidden.

AND ALLAH TA'AALA KNOWS BEST

Moulana Yusuf Laher

Checked and approved by:Mufti Siraj Desai