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Tuesday, January 26, 2010

Types of Gelatine

Q: Is Gelatine Halaal?

A: Gelatine manufactured from animals that were not slaughtered according to Shari'ah or from pig is Haraam. The gelatine manufactured in non-Muslim countries is derived from either pig, which is called PORCINE GELATINE or from the hides and hooves of Haraam cattle, which is termed BOVINE GELATIN. Both types are Haraam. Fish gelatine is Halaal but this is rarely used and it will be clearly stated on the packaging. The bovine and porcine gelatine are Haraam.

Gelatine manufactured in Muslim countries, such as Pakistan or Malaysia, will be Halaal because such gelatine is derived from cattle that were slaughtered according to Shari'ah.

Mufti Siraj Desai

Moving in Iddat

Q: My mum is 82 years old and needs constant supervision day and night. My father passed away and amongst the children we decided to take turns to care of her. She was unable to reside at one place. How will this effect her iddah period?

A: She should complete her Iddat at one place. You did not furnish a reason as to why she was unable to reside at one place. If it is because the children are taking turns to care for her at their respective homes, she should complete the Iddat at one venue and after the Iddat go to the different homes to be taken care of.

The children should make arrangements to come to the house where she is spending the Iddat and provide the care for her there. Only in a life and death situation is a woman in Iddat allowed to move to another house.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Semen Discharge after Bath

Q: After doing Ghusl (bath) from intercourse, the husband's sperm still emerges from the wife's vagina and continues to come out for days. Can the wife say her prayers? What should the wife do, should she wait and perform Ghusl after 5 days? Is she still impure during those 3 to 5 days?

A: She will make Ghusl after intercourse and say her prayers. If anything emerges thereafter, she will wash the area and remove the soiled clothing, make Wudhu and perform Salaah. She will not repeat the Ghusl.

If semen leaks out from the wife’s vagina after she had sexual relations with the husband and had made Ghusl, and she is certain that it is the husband’s semen then she does not need to make Ghusl again. If after sexual intercourse the wife had slept or passed urine or walked for about 40 paces, and upon finishing her bath she noticed her own semen leaking out, then too, she does not need to make Ghusl over again. In both cases she must simply wash her private part and make a fresh Wudhu.

Mufti Siraj Desai

Monday, January 25, 2010

Not Knowing Duas for Janaaza Salaah

Q: If one does not know the duas that you read in jannazah salat is there any other duas you can read?

A: The four Takbeers in the Janaazah Salaah are Fardh and the Du'aas are Sunnah. Thanaa is recited after the first Takbeer which every Muslim who performs daily Salaah knows. The only difference is that the words WA JALLA THANAA'UKA is added after WA TA'AALA JADDUKA. The Thanaa will still be valid without adding the extra words. Durood is recited after the second Takbeer which is recited in the daily Salaah, otherwise any other Durood will suffice. The Du'aa is after the third Takbeer. If you do not know this Du'aa then you can recite a Du'aa wherein Maghfirat (forgiveness) is being asked for oneself and for Muslims in general. Salaam is made immediately after the fourth Takbeer.

Until you learn the Du'aas, for a male just say: Allaahummaghfir lahu and for a female Allaahummaghfir lahaa.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Step Daughter Inheriting from Step Father

Q: My brother married a non-Muslim who had a daughter from a previous marriage. They reverted to Islam and he adopted her daughter. Does the daughter have any rights to inherit from his estate?

A: This step daughter will not automatically inherit from him. If he wishes that she receive something after his demise, he can make a Wasiyyat (bequest) which must be less than a third of his estate.

Mufti Siraj Desai

Visitation Rights for a Father

Q: Your advice is required as to the rights of a father after talaaq in terms of access to his minor children. The ex-wife requested talaaq and was granted to her. Since then she has refused access of the two minor children (girls aged 5 and 2 years) citing the father's alleged adultery as the reason. There was no adultery and no concrete proof to substantiate her accusations. She has allowed only 1 visit in September since the talaaq took place in August. She has allowed some telephonic contact but for 3 weeks now even that is denied. The man has since re-married. What can he do in order to be reconciled with his children? The Ulama do not want to approach her on this matter.

A: Though the wife has the right to custody of boys up to 7 years of age and girls up to 9 years of age, but she has no right to deprive the father of visitation and access. One telephonic conversation in three weeks is not acceptable.

The father, if he is supporting the children on a regular and fair basis, enjoys the right to see his kids at any time with prior arrangement (barring very late hours at night or very early in the morning).

Since you state that the even the local Ulama do not want to speak to her, you have an option of going to court to seek visitation rights. But I would suggest that before going to such a drastic level, explore further avenues in this regard.

For example, write a letter to your ex-wife telling her that is if she is not going to concede visitation, then you will be forced to go to court for your rights. Suggest to her that if she does not want a court battle, she should submit to the ruling of the local Ulama. Maybe this might jolt her into acceding to your request.

Mufti Siraj Desai

Intention for Qadhaa Salaah

Q: Is it correct to make an intention for qadha salah in this way: "Fajr fard 12th qadha"?

A: If you have a lot of Qadhaa to fulfil, the easier method of intention is: 'I am performing the first Fardh of Fajr Qadhaa on me.' Every time you perform another Qadhaa of that particular Salaah, it will be the first upon you.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Reciting Surah Faatihah in Salaah

Q: I read that one should be able to hear his recitation of surah fatiha in salah, otherwise the salah is invalid. Is it true?

One should be able to hear oneself in whatever is recited in Salaah, not only Surah Faatihah. Lip movement without sound or reciting in the mind does not suffice. One must recite in an audible manner for the Salaah to be valid. If someone else is performing Salaah close to you or you are in a Masjid, do not recite so loud that the person close by becomes disturbed by your recital. (Raddul Muhtaar V3 P476)

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Reciting Durood During Khutba

Q: Should one recite should we say "sallalaahu alaihi wa sallam" with the tongue or in the mind during the Friday khutbah?

A: Sallallaahu Alayhi wa Sallam should be said in the mind during the Friday Khutbah. (Raddul MuhtaarV6 P113, V6 P115)

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Monday, January 18, 2010

Writing Quraan Backwards

Q: Once I saw a book of my sister-in-law with Bismillah written in reverse. I find this a bit dodgy. Is my sister-in-law sufferening from sihr (witchcraft)?

It is not permissible to read or write the Holy Qur'aan backwards, as Allaamah Suyooti and many other Scholars have mentioned in their books. This much should be told to your sister-in-law. However, there is no need to suspect her of Jaadoo or Sihr. If you have other evidence that is strong, indicating that she is involved in Jaadoo and other ‘jantar mantar’ things then contact your local ‘ulema so that they can speak to her and make her stop such evil. But without proof you should not suspect her. This is wrong.

Mufti Siraj Desai

FNB Islamic Smart Account

Q: I recently opened an Islamic Smart Account with FNB (South Africa). I would like to know if the profits paid on this account are indeed in compliance to the shariah and whether I may utilse the profits.

A: The Islamic Smart Account:
The money that is deposited into this account is ring-fenced (confined) and used by Wesbank Islamic Finance to operate their vehicle finance business, which is basically buying vehicles on behalf of people and reselling to them at a profit mark-up. The profit earned on these deals is distributed to the Smart Account investors (depositors) on a pro-rata basis, i.e. in accordance with the funds they hold in the Smart Account. Such a system is known in Shari'ah as mudhaarabah which means the investing of capital by one party and working that capital to earn profit by another party. So this is totally permissible.

Mufti Siraj Desai

Forex Trading

Q: Is online Forex trading aloud in islam?

According to our research, Forex Trading is not allowed. Forex is basically trading over the internet without physical possession and delivery of currency. Shari'ah has placed certain restrictions on currency trading so that Muslims can be safeguarded from Ribaa or interest. One condition is that at least one of the two currencies being traded in has to be taken possession of in a physical sense. This does not happen in Forex trade. In fact, from one angle it appears that this type of trading is more ‘virtual’, ‘imaginary’, and ‘figurative’ for one sells dollars in exchange for yen, for example, but the trader neither owns the dollars nor the yen. Any profit earned in such a deal will be equivalent to interest or riba. This is obviously not allowed in Shari'ah.
And Allah Ta’aala knows best

PS. For an in depth look at the Forex Trading get-up against Shari'ah Law, our files are available on request. However one will need some knowledge of the technical terms of Fiqh in order to understand these writings.
Mufti Siraj Desai

Friday, January 15, 2010

Reciting Between Khutbas

Q: What can one say when the Imam sits in the small interval of Friday khutbah?
A: You can make Du'aa in your mind during the interval between the two Khutbahs. (Raddul Muhtaar V6 P133)
Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Divorce in Anger

Q: I have been married for 10 years and my husband and I have been having many problems and one of them being another woman in our relationship. Due to the many problems we seperated and were living apart for over a year. I have been asking him for a divorce but he has refused. Then one day I went to visit his mother and found him there with another girl and I got very angry and asked him for talaq and he gave it to me. He said it three times in front of my father in law and sister in law. I took it as being a valid talaq. But he refuses to acknowledge it and says he said it under anger. Does the talaq still stands.

Talaaq given in anger is valid and binding. (Raddul Muhtaar V10 P489). In your case, three Talaaqs have taken place and reconciliation is not possible without the process of Halaalah, which means you marrying another man after your Iddat, getting divorced from him, completing that Iddat of the second husband's divorce and then coming back to the first husband. But this cannot be planned and orchestrated. It should happen naturally.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Private Marriage

Q: I was in love with a girl. We got our nikah done not in a mosque but privately: I asked her if she would marry me and she said yes. Two of my friends were witnesses at the time when this happened. Couple of month later I gave her one talaq (divorce) but I did rujoo (took her back in nikah) the next day. After that we were normal, but a couple of months later I gave her 2 talaqs. Is my nikah completely over? Was my nikah valid in the 1st place or was it not valid?
A. It was completely wrong to have this Nikah done privately, without the permission of the parents. Although wrong, the Nikah in your case was valid. Three Talaaqs have taken place and you cannot remarry her without her first marrying someone else.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Husband and Female Friends on Facebook

Q: My husband has a facebook account and on there he has female friends, something which I am not totally comfortable with. He says it's nothing personal, just time to time messages or something of that sort. Is this permissible and how can I convince him that it is wrong Islamically?

It is not permissible for a man to have ANY contact with a non-Mahram female, be it telephonic, via sms, or mixit or facebook messaging, unless the communication is strictly business. So your husband is wrong if he thinks he can just chat over the net to other females. This is totally Haraam and is Zina of the fingers (typing out messages to a non-Mahram woman) just as it is Zina of the tongue to speak to her and Zina of the hands to touch and so forth.
Secondly, Islam teaches that any act that leads to sin or becomes the stepping stone towards sin is also sinful and must be avoided. Clearly this act of your husband will lead to sin. For example, he might be fantasizing over these women after reading their messages. In fact, from my experience in dealing with these cases, most men share crude and rude messages with women over facebook and mixit, but because it is easy to cover their dirty tracks, they lie and say ‘we are just communicating for fun’. This is their idea of fun, but Shari'ah condemns it. Please show this answer to your husband, or send it to his mail or if possible get it to him via this facebook thing.

Allah make it easy for you and grant him the ability to change his life, Aameen.

Mufti Siraj Desai

Starting Business in Muharram or Safar

Q: There are some misconceptions that it's not good to start a business in Muharram and Safar. Is it true in the light of Islam or do they just say it out of respect of this month?

A. This is not respect for Muharram and Safar but pure superstition. Do not believe or follow this superstition.A Hadeeth of Saheehul-Bukhaari states: “There should be no superstition about Safar” (Laa Safara) The Arabs also had these false and superstitious beliefs about the month of Safar, that is why The Messenger of Allah (Sallallaahu Alayhi wa Sallam) mentioned this in particular. The superstitions about Muharram were fabricated by the Shias.

Mufti Siraj Desai

Saturday, January 2, 2010

Working in Hotel Reception and Alcohol

Q: Is it permissible to work in a hotel at reception where alcohol is sold at the reception?

A. If you have to sell the alcohol then it will not be permissible to work there. You should quit this job immediately. If you are doing other work at reception and not selling the alcohol yourself, then it will be permissible to work there. Although you are not selling the alcohol yourself, it will be best to quit this job, but do not quit until you find another job.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Zakaat and Loans

Q: I have the nisab of zakat but took a loan which was more than my cash on hand. I paid the loan in 3 years. Do I pay Zakat for the last 3 years?
A: Zakaat was not payable during the three years. After paying the loan, if you come under the Nisaab of Zakaat, then Zakaat will be compulsory on you.
Mufti Siraj Desai

Dripping Urine Problem

Q: I suffer from a problem.When I pass urine, at the end of that few drops get left in the private part and after some minutes they comes out in the pants. So when I am in my office how can I change my clothes and rebath? I tried so many things like after passing urine wait for the left drops but every thing has failed. What does Islam advise? I miss my daily prayers due to this reason.
A. After passing urine do not make Istinjaa immediately. Place some tissue or toilet paper over the private part and leave the toilet. The tissue will prevent the drops from going onto the clothes. Later after the drops come out onto the tissue, go back to the toilet, remove the tissue and make Istinjaa.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Pregnancy and Breastfeeding

Q: I have a one year old baby who i am breastfeeding. I have just found out that I am pregnant again. Can I continue to breastfeed the baby or must I stop immediately?
A. It is permissible to continue breast-feeding your child even if you are pregnant. There is no harm in doing so. It comes in the Hadeeth that the Messenger of Allah (Sallallaahu Alayhi wa Sallam) allowed the ladies in his time to breast-feed while they were pregnant and he said that if this was harmful to the baby, then the other nations (Jews and Christians) would not be doing this. (Mishkaat). Today modern science also agrees that breastfeeding your baby while expecting another is not dangerous.
Mufti Siraj Desai

Husband Telling Wife He Doesn't Like Her

Q: Can a man tell his wife honestly that he does not like her?
A: Would a husband like it if his wife tells him that? This life is short; it must come to an end. If there are certain things in her that you dislike, surely she has some qualities in her which are likeable. Focus on those likeable qualities in her and also the shortcomings within yourself. This will make forbearance easier upon you. Do not break her heart. If you maintain Sabr, you will reap great benefits in this world and assuredly in the hereafter. By keeping her happy and suppressing your feeling of dislike for her, Allah Ta'aala will grant you elevated stages, Inshaa Allah.
If your son-in-law tells that to your daughter, as a father it would definitely cause you grief. Similarly, your wife is someone's daughter, someone's sister, etc. Sayyidina Abu Hurayrah (Radhiyallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi wa Sallam said: A Mu'min (believing male) should not despise a Mu'minah (a believing woman). If he dislikes a quality in her, there will be another quality in her which he will be pleased with. (Mishkaat V2 P236). This Hadeeth refers particularly to husband and wife. The lesson in this Hadeeth is to focus on the good qualities of the wife and to ignore those aspects of her that you do not like.
May Allah Ta'aala grant you Sabr and harmony. Aameen.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Aqeeqah for Wife

Q: Is aqeeqa for ones wife farz, sunnat or wajib on her husband?
A. Usually Aqeeqah of a child is done by the parents when the child is still an infant. It is a meritorious act which the parents fulfil. It is not Fardh, Sunnah or Waajib on the husband to do the Aqeeqah for his wife.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Disposing of Bank Interest

Q: What can we do with the interest we get through our bank saving account
A. Interest money must be given to the poor without making the intention of Thawaab (reward) for it. It can also be used to pay rates and any form of state taxation.
Mufti Siraj Desai

Drugs and Divorce

Q: My husband has been using drugs and has been unfaithful. We have a 6 month old son together whom he adores. I feel torn between what's best for me and what's best for my child. If I get one divorce to see what my life can be like without him, can I remarry my husband without remarrying someone else first?

A. Think carefully before making any decision. If he gives you one Talaaq then either he can take you back as his wife during the Iddat period without performing Nikah again, or if after the issuing of one Talaaq the Iddat period expires, Nikah will have to be performed again without the need for you to marry someone else. Remember that if you decide on this, let him issue only one Talaaq. If two Talaaqs are given, you can still reconcile during the Iddat without a new Nikah and after the Iddat with a new Nikah but without having to marry someone else. But if three Talaaqs are given then no reconciliation is possible unless you marry another man.

Moulana Yusuf Laher and Mufti Siraj Desai

Sabreen as a Name

Q: Is Sabreen an accepted Islamic name?

A: Sabreen is from the root word Sabr which means patience. From the same root word Saabirah will be a better choice.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai