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Wednesday, March 31, 2010

Utensils and Halaal

Q: I am married to a new Muslim. Her parents are non Muslims, and we are invited over for dinner often. They know we only eat halal food so her dad prepares halaal food but sometimes he also cooks haraam food for them. Sometimes he uses his utensils and eats from the halal dish. I know that dish is no longer halaal, but my in-laws cannot understand how it can become haraam. Could you give me some Islamic answers to try and make them understand?

A.
It will be difficult for them to fully understand the concept of Halaal and Haraam. Although if the utensil which contained Haraam is washed according to the Islamic method, i.e. thrice with fresh water each time, it will thereafter be permissible to use, but it is best not to use it. The better option is to take your own food with you when going to visit them and share it with them. This is a safer option.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Investing Waqf

Q: 1. If members of a certain family initiated the building of a masjid, can they stipulate that only they would be allowed to be custodians of the institute?
2. Can members of a particular Islamic Organisation embark on establishing a business with the intent that such a venture would enable the Organisation to be self maintaining?

A
.1. If they have given the Masjid in Waqf, they can stipulate they will be the custodians. (Raddul Muhtaar V17 P308).

2. If the Organisation wishes to establish a business using public or Waqf funds then there are two conditions to comply with:
1) It is compulsory to obtain permission from the donors and contributors for such a business. If the donors are not known then issue a public notice stating that the Organisation intends investing the money collected into a business venture or company shares, etc. Details of the business enterprise must be published as well as the projected profit growth. The notice should also ask any donor who objects to this to come forward and make his objection known, and also state how much he has donated. Leave the notice on the board for at least a week,. Upon receiving no valid objections, the Organisation may go ahead with the business.
2) The venture must not be a high-risk one. There must be the best possibility of earning healthy profits for the Waqf organisation.

If these two pre-requisites are fulfilled it will be permissible to invest the money.
Mufti Siraj Desai

Meaning of Fathiyyah

Q: What is the meaning of the name Fatgieyah?

A.
Fathiyyah = something of victory or success.

Mufti Siraj Desai

Monday, March 29, 2010

Method of Slaughtering

Q: What is the process of slaugtering outside the two Eids and what should one read or say when slaughtering?

A.
Slaughtering takes place at the time of Eidul Adhaa, not Eidul-Fitr. The method of slaughter remains the same regardless of which time of the year one slaughters. These are the conditions:

The slaughterer must be a Muslim.
Face the animal towards Qiblah.
Use a sharp knife.
The following should be recited when slaughtering:

بِسْمِ اللَّهِ اللَّهُ أَكْبَرُ

BISMILLAAHI ALLAAHU AKBAR

Sever the four vessels in the throat; the gullet, the jugular vein and the two wind pipes. At least three from the four should be cut to render the animal Halaal.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Period of Confinement

Q: How long does a woman has to remain indoors after giving birth c section or normal birth?

A.
There is no law that she has to remain indoors for a certain amount of days after giving birth, whether caesarean section or normal birth.

There is a superstition among people that after birth a woman has to remain indoors for forty days. This is not a law of Islam. The forty day period is the maximum flow of blood after birth that a woman can experience, according to the Hanafi math-hab. Sometimes the blood can stop before forty days. Even during this period the woman is allowed to come out of the hone if need be. Obviously a female should only come out of her home when there is an urgent or pressing need.
Mufti Siraj Desai

Masah of Beard

Q: When making whudu, when does one make masah of the beard and what is the correct way?

A.
Wash the face thrice. Thereafter take a little water in the palm of the right hand. Rub this water in the beard below the chin. Thereafter push the fingers through the beard beginning from below the chin going outwards. (Note that this is called Khilaal and not Masah.)

The following words can be said when making Khilaal of the beard:

هٰكذّا اَمَرَنِىْ رَبِّىْ
HAAKADHAA AMARANEE RABBEE
(Piyaare Nabi Ki Piyaari Sunnatein P8)

An alternate method:
Without using fresh water, run the fingers through the beard with the palm of the right hand towards the throat

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Wearing a Neck Tie

Q: Is it permissible to wear a neck tie made of silk. The company I work for requires all males to wear a tie.

A.
A Muslim should not wear a tie at all.

Wearing of silk is forbidden for Muslim males. It is mentioned in a Hadeeth that whoever wears silk in this world will be deprived of wearing it in the hereafter. (Ibni Maajah V2 P1187)

If your company forces you to wear a tie, then rather use one that is made of other fabric besides silk.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Zakaat for Children

Q: I want to save some money for my 5 year old daughter for her future. Do I have to pay zakat on her account?

A.
If you have made your minor daughter the owner of the money, no Zakaat will be paid on that money until she reaches puberty.

If you are still the owner of the money, then you will pay Zakaat on it.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Thursday, March 25, 2010

Sadaqatul Fitr for Baalig Children

Q: Do parents have to pay Sadaqatul Fitr on behalf of their children who have reached puberty?

A:
Fitra is not payable on behalf of children who have attained the age of puberty (baalig).

Mufti Siraj Desai

Calculating Subh Sadiq

Q: How do I calculate what time Subuh Sadiq (true dawn) starts?

A:
Subuh Sadiq is about 1 hour 25 minutes before sunrise in Port Elizabeth. This is a basic and safe way to calculate subu sadiq or true dawn.

Mufti Siraj Desai

Non Muslim Reading Quraan

Q: My Muslim friend told me that it is haram to touch the Holy Quran if one does not have wudhu. What about if one is not a Muslim but is interested in learning about Islam and reading a copy of the Quran? A non-Muslim friend asked me for a copy of the Quran and I gave one to her, but advised her to please respect it and to not touch it when she is not cleaned and to not read it in the toilet etc. But since this Muslim friend told me about the wudhu thing I am concerned because my non- Muslim friend will not have wudhu when she reads the Quran.

A:
If you told your non-Muslim friend not to touch the Quran when she is not clean or when she is in her menses, and you believe that she will respect that and follow your instructions, then you may allow her to keep a translation of the Quran and read it. Another condition for this permissibility is that you should have strong hope of her being attracted to Islam. If she is merely reading the Quran for interest sake or she is a student doing some research and there is no hope that she will embrace Islam, then it will not be permissible to give this non Muslim a copy of the Quran. (Al-Fataawal Hindiyyah)

You should also advise her to keep the quran wrapped in a clean cloth and on a raised place, and not to keep it in a room where alcohol is consumed, or where any un-Islamic activity takes place, and not to touch the Arabic text.

Under these circumstances it will be permissible to leave the Quran with her even though she will not have wudhu when holding the translation. Fataawa mahmoodiya vol.12, p.26

Mufti Siraj Desai

Staying with Parents

Q: Can I stay at my parent's place if my husband is abroad? I don't want to stay in his house because he has a joint family and those people are ill mannered. As I have a 2 month old baby I don't want to stay there.

A: According to Shariah, under the circumstances mentioned by you, it will be permissible for you to stay in your parents home while your husband is abroad.

And Allah Knows Best
Mufti Siraj Desai

Qualifying for Zakaat

Q: Please explain to me who qualifies for Zakaat and how do I find out if I qualify. I am unemployed and have debts to pay off. My husband is working but not managing to settle all the debt. We were living in London. Because we were not managing, I returned to SA and am living with my widow mom who is supporting me and my baby. My husband is still in the UK, working to pay off the debts and save some money to start a business in SA to support us. He is not coping as the cost of living there is too much. Also, we have been apart for almost 5 months now and I am struggling emotionally with that. My son also misses his dad. Will I qualify for Zakaat to pay off the debts and to have enough to start a business so that we can sustain ourselves in the future?

A:
Normally most married females possess gold jewellery. You need to take that into consideration when assessing your eligibility for zakaat. If you do possess gold jewellery and the weight is 87 grams or more, then you need to get a value of the jewellery. This can be done by taking the jewellery to a reputable jeweller. Once you've done that, you need to tally all the debts that you owe. If your total debts amount to more than the value of your gold, then you may accept zakaat. If the debts are less than your gold value, you may not take zakaat.

If you have no jewellery, or the gold you have is less than 87 grams then you are certainly eligible for zakaat in view of your outstanding debts.

Mufti Siraj Desai

Reading English Translation of Quraan while Menstruating

Q: Is it permissable for me to read the Arabic Quraan with English translation when I am menstruating? I am reading the English text with a view of gaining the reward in Ramadaan and also to understand the message of the Quraan.

A:
You may read the English translation during your haidh, but be careful not to hold the Quran unless you are using a cloth. Do not touch the Arabic text of the Holy Quran in that state.

Mufti Siraj Desai

Menstruating while Fasting

Q: I was fasting and at around 2:00pm discovered that I started menstruating. Will my fast be counted?

A:
That fast was not valid. You shall have to keep the qadha. Whenever the menses starts at any time during the day, the fast breaks and she has to keep its qadha after Ramadaan.

Mufti Siraj Desai

Wednesday, March 24, 2010

Intercession of the Prophet sallallahu alaihi wa sallam

Q: What is the proper way to seek intercession of the Prophet (peace be upon him) and deceased saints?

A:
One can make Du'aa to Allah and ask Allah to grant needs in the Name of Our Rasool (Sallallaahu Alayhi wa Sallam) or through the Medium of Our Rasool. This is permissible and is proven from Hadeeth. One can also make Du'aa through the medium and intercession of pious people who have passed away. Rasoolullah (Sallallahu Alayhi wa Sallam) made Du'aa through the medium of the Muhaajir Sahaabah, and they made Du'aa for rain through the medium of his uncle Abbaas. If this was done when they were alive then one can do so even more after their death because one is not asking from them anything, rather one asks from Allah through their Barakaat, blessings, and good A’maal. And it is well known that these pious people died with the greatest of A’maal and once they died their deeds were accepted and sealed by Allah. There will be no addition or deletion to their deeds. So there is even a greater reason to make Du'aa through the medium of the dead pious people, for we know that after passing away they were accepted by Allah. We are not asking from them directly, for this is Haraam, and these Sahaabah and pious people cannot give us anything if we asked from them even in their lifetime, and more so after death.
Mufti Siraj Desai

Grape Juice

Q: Is grape juice haraam for consumption, E.g. Pure Joy grape juice etc? Will this be considered as wine seeing that the grapes have been pressed for the juice?

A:
This is juice and Halaal to drink. Wine is made after fermentation of the juice and other procedures. It is permissible to drink grape juice.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Organ Donation

Q: Is it permissible to receive a donor cornea?

A:
SHAR’I PERSPECTIVE TO CORNEAL GRAFT

The cornea is a thin transparent tissue on the front part of the eye that covers the iris, pupil, and anterior chamber, providing most of an eye's optical power. This is one portion of the human body that contains no blood.

A corneal graft is when this tissue is removed from the eye of a dead person and stitched into the eye of a patient who needs a new cornea.

The Shar'i status of this falls under the issue of organ transplant, since the cornea is a portion of the human body. With regard to organ transplant, there are two distinct views among the Ulama. Former Ulama ruled that organ transplant of any sort is totally Haraam. Today the majority of Ulama maintain the same view. Meanwhile, there are other senior Ulama today who have shifted from this orthodox view and maintain that in view of the wide scale medical needs of people and the increase in injuries and health complications, organ transplant is permissible

We take a look at some of the reasons furnished by those who prohibit this medical procedure, as well as the counter arguments.

A common ground for the prohibition of organ transplant is the fact the human parts are sacred, and removing these parts is tantamount to desecration of human life. For this very reason, Jurists of former times have prohibited intifaa’ (deriving benefit) from human parts. They maintain that due to man’s honour and sanctity, one cannot derive benefit from human life.

In answer to this, pro-organ transplant scholars say that in using the body part of one human in another there is no desecration but preservation of that part. They claim that in former times organ transplant never existed, so the benefit referred to in classical works of Fiqh could never refer to transplanting organs. Instead, what the Fuqahaa and former jurists meant by intifaa’ was the consuming of human parts or utilization of the same for some external purpose. Hence we find in Fataawa Hindiyyah the law that one human is not allowed to consume the flesh of another, even if the former is dying. The reason: Sanctity of human life. Furthermore Fuqahaa mention that any portion of the human body that has been severed must be buried. Again, the reason forwarded here is respect and reverence for the human body. Should that part not be buried, it will rot and decay, or become food for vultures and scavengers. However, in the transplant of a human organ there is no desecration or irreverence. Instead, the organ is preserved with the utmost care and continues its normal function. Should that organ not be serving its normal function, it cannot remain inside that body. Should the recipient of the organ die, he will be buried with the organ. The organ is not removed and then subject to desecration and disrespect. In short, the intifaa’ or benefit spoken of in former books did not refer to utilization of that organ in another human body, since this concept never existed in those days. The benefit spoken of there was that of eating or external usage that entailed desecration and destruction to the organ. Indeed eating the body parts of another is highly disrespectful and ignominious, for then man is relegated to the level of ordinary animals. Furthermore, what is consumed will eventually be expelled from the body in the form of impurity and faeces. This is also highly disrespectful, whereas in organ transplant the human part remains intact; it continues its natural function and is not subject to waste and impurity.

The second reason for prohibition stated is that the Hadeeth prohibits the breaking of the bones of a dead person. In organ transplant, the organ is removed from the dead body, so this is contrary to the Hadeeth cited.

The answer advanced against this argument is that the Hadeeth in question refers to breaking the bone deliberately for no valid reason and out of disregard for human sanctity. Moreover, there is a difference between the breaking of bones referred to in the Hadeeth and the removal of an organ. Breaking a bone itself is a violent and harsh act, the effects of which, according to Hadeeth, are felt by the dead. Too much jostling of the bier is also a cause for discomfort to the dead. However, in organ removal, though there may be discomfort but the intention behind this is not to cause pain to the body and not deliberate desecration. The example in Fiqh of this is the case of a pregnant woman who has died. If doctors are of the firm opinion that the baby inside her is alive, then they are allowed, and according to some it is Waajib, to cut open the stomach and remove the baby. This Mas’alah is mentioned in the Jawaahirul Fiqh of Hadhrat Mufti Muhammad Shafee Saheb (RA). Now here too, there is discomfort to the dead when the stomach is cut open. But because there is hope in saving the life of the unborn baby, this bit of desecration has been permitted. Pro-organ transplant Ulama say that in like manner, the removal of an organ from a person who is brain dead, is done for a valid purpose and there is certainty that this will save a life. The discomfort caused here is, therefore, tolerated. However, doctors should be exhorted to remove the organ with utmost care and respect to the human body.

The third reason advanced for prohibition is the issue of mutilation. Removing the organ is mutilation of the body. Ulama have responded to this by stating that mutilation actually means the unceremonious disfiguring and dismemberment of the human body. In organ removal, this is not the case; instead, a careful incision is made and the organ carefully removed. Sure there will be a scar left and there will be cutting and bleeding, but that cannot be likened to the mutilation that Shari'ah prohibits. Again, the example of cutting open the stomach of a dead mother to remove the baby, as well as making incisions in the body for general operations on a live person prove that this much of cutting is allowed provided there is a valid reason to do so.

The fourth objection against organ transplant is that the Hadeeth of Rasulullah (Sallallaahu Alayhi wa Sallam) prohibits a woman from adding human hair to her existing hair in order to enhance her looks or increase the amount of hair on her head. The Ulama say that in this Hadeeth, which is narrated in Bukhaari, Muslim, and several other Hadeeth works, the use of a human body-part has been prohibited. Some Hadeeth mention that even a woman who had lost her hair was prohibited from resorting to this form of treatment. It is thus clear that no matter what the reason may be, utilization of a human part is Haraam.

This is undoubtedly the strongest proof of all, for all previous proofs were logical and inferential, whereas this Hadeeth provides categorical evidence of prohibition, which is always stronger and more tenable. However, other Ulama have countered this with a more in-depth study of the Hadeeth in particular. Firstly they maintain that the main reason for this prohibition was because it constituted a form of deception. The onlooker will think that this is the natural hair of the woman, meanwhile it is either artificial or “borrowed’’ hair. For this reason, some Scholars of Hadeeth who quote this Hadeeth maintain that the use of even artificial (synthetic) hair to enhance natural hair is not allowed. This statement supports the theory that the prohibition in the Hadeeth is not due to the fact that a part of the human body is being used. Instead, it is the deception that this will create. Secondly, in some narrations an exception is made for illness. In the Musnad of Imam Ahmad, there is a narration of Ibni Mas'ood (Radhiyallaahu Anhu) wherein he mentioned the prohibition of adding the hair of one woman to that of another, but makes the exception at the end by saying: except due to illness. This Hadeeth appears in other books as well, and according to Allaamah Ibni Hajar, its Sanad or transmission chain is sound. It thus emerges that human hair, which is part of the human body, may be used in cases of illness. By extension and analogy we could say that human body parts may be used in cases of illness.

THE CORNEAL GRAFT

Having gone through some of the main arguments for and against organ transplant in general, we concede that the case in favour of organ transplant does not appear very strong, since the arguments presented in its support do not entirely satisfy the heart nor succeed in fully dispelling the objections against. We, therefore, advocate the route of caution and abstention in this regard. However, a corneal graft is not similar to other forms of organ transplant. When considering the nature of the corneal graft we notice that in this operation some of the above reasons against organ transplant are not found. There is no mutilation of the body, there is no discomfort caused to the body as in cutting and removing, and the tissue that is removed is very small and hardly constitutes an organ. The Fuqahaa have overlooked the pieces of skin and hair that inadvertently fall into food when cooked, despite one being aware of this. Yet they disallow the consumption of food in which a human tooth or bone has been ground and cooked. This can be attributed to the small and negligible amount of human tissue that is involved. The same would apply to the small tissue that is removed from the front of the eye.

As regards benefiting from a human part, we have mentioned above that deriving benefit is only Haraam when there is desecration to the body, as in eating for example. In a corneal graft there is absolutely no desecration because of the tiny piece of tissue involved and because this tissue is preserved in the eye of another to continue its function. Here there is minimum disturbance to the body.

It has also been reliably reported that some of our Akaabir, such as Hadhrat Moulana Yusuf Binnori Saheb (RA) and Hadhrat Mufti Wali Hasan Saheb (RA, former Grand Mufti of Pakistan) gave permission for a corneal graft, in spite of the fact that these very same Ulama prohibited organ transplant. The Fiqh Academy of India, comprising hundreds of senior Ulama in India, under the presidency of the late Qaadhi Mujaahidul Islam, held a seminar to discuss this issue. The consensus that emerged from their deliberations was that all forms of organ transplant are permissible, provided this is done for valid medical reasons and not just for cosmetic fancies. However, they prohibited the exchange of money for organs donated.

On the basis of the above, it is the writer’s humble opinion that the ruling on corneal graft should be one of permissibility. Should anyone opt for this ruling, there will be no sin incurred, since this ruling was handed down by renowned and acclaimed Ulama. It will be permissible to act on their fatwa and undergo surgery of this nature.

And Allah knows best.
Mufti Siraj Desai

Monday, March 22, 2010

Qualities of Allah

Q: Is it right to believe that Allah have eyes, hands but unlike His creation?

A:
It is wrong to express a belief in the words you used, that is, “Allah has hands, eyes, face, etc.” The Holy Qur'aan and Hadeeth do not mention these qualities in such a manner. Instead the Qur'aan and Hadeeth speak of The Hand of Allah, The Face of Allah, The Eyes of Allah, etc. We therefore, say that the reality of such qualities are known only to Allah, because our understanding of hands, face, and eyes, can only be confined to limbs that are created. It will be the height of Kufr to compare Allah Ta’aala to anything that He Himself has created. We use those terms only as Allah has used them. For this reason Imam Hasan Basri and other great Scholars never even allowed the translation of these words into another language. Rather they would prefer that these words are used in the Arabic form. So instead of saying Hand of Allah, we say what the Qur'aan said, i.e. YADULLAH, and so forth. According to latter generation scholars and some of the former, it is permissible to interpret these Qualities in a metaphoric manner, i.e. conveying a broader meaning that humans can understand. For example, Imam Bukhaari (RA) translates the Face of Allah to mean the Very Being of Almighty Allah. Other Scholars say the Hand refers to Power and Control. These meanings do not go contrary to any Law of Qur'aan and Hadeeth, nor are they different or contrary to the Attributes of Almighty Allah.
Mufti Siraj Desai

Insurance for Charitable Organisation

Q: As a registered charity, we have to take out insurance for the building and public liability cover. One aspect of that insurances is that it covers the trustees in case of death. One of our trustees has passed away and we now have a dilemma, can we make a claim against that insurance as he was covered by the insurance? We did not knowingly take out the insurance for the cover, we only found out after wards when we were reading the small print and cover.

A:
There are numerous charitable organisations and committees that operate mosques and Madresas, and none of them ever needed to take out insurance. This is, therefore, not a necessity. Insurance is Haraam because it involves interest and the element of chance, which is a factor found in gambling.

From an Islamic point of view Waqf property does not need insurance because should anything happen to the property, which was not due to the fault of the trustees, no one is responsible or liable. If a trustee or more are guilty of actions that caused damage or loss then they will be held responsible. Sometimes by taking out insurance on Waqf property, the door is opened to abuse or unwarranted risk-taking by unscrupulous trustees and members.

Your duty is to cancel the insurance with immediate effect. Furthermore, no claim is permissible against the death of the one trustee, for any money received thereby will be Haraam and may not be used for any Deeni purpose.

And Allah knows best

Mufti Siraj Desai

Contact During Engagement

Q: Can a boy send letter to a girl with whome he is engaged?

A. Premarital relations are not allowed in Islam. Even if there is no physical sexual relationship, it is still not permissible. The Hadeeth explains: It is narrated from Sayyidina Abu Hurayrah (Radhiyallaahu Anhu) that Rasulullah (Sallallaahu Alayhi wa Sallam) said:

Fornication (Zina) of the eyes is the gaze. Fornication of the ears is to listen. Fornication of the tongue is the speech. Fornication of the hands is to touch. Fornication of the feet is to walk, and the heart desires and hopes. The private part either confirms it or negates it. (Muslim V8 P52)
Usually an 'engagement' takes place whereby it is now confirmed that this boy and girl will marry in the near future. This engagement is not a licence for the boy and girl to have any contact; whether by meeting, by phone, email, letters, etc. Many a time although they were engaged, they changed their minds and never married. A relationship of any type between boy and girl is only allowed after Nikah. According to Shari'ah they are 'strangers' before Nikah, notwithstanding the engagement. Whoever has a relationship (courting) before marriage, will fall under the category of the Hadeeth mentioned.

The Qur'aan says: “So marry them (women) with the permission of their families, and pay them their dowries in an equitable amount, while these women should remain chaste (before marriage), without fornicating not taking illicit friendships (i.e. boy-friends).” (Surah Nisaa, verse 25). The same theme is mentioned in two more places in the Holy Qur'aan. These verses prove that courting is Haraam.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Sunday, March 21, 2010

Divorce in Arabic

Q: If a man says the word divorce just the once in Arabic to his wife, after which he has no physical contact with his wife for a month. Does a second divorce apply? Or does it have to be verbally given? If physical contact is made does the first divorce cancel automatically? Or does that remain in place?

A.
According to what you have written, she was given one divorce with the Arabic word of divorce. In a case where there was no physical contact for a month the second divorce does not automatically fall. If the husband wants to give a second divorce, he shall have to say the word ‘Talaaq’ or ‘divorce’ a second time.

If after the first divorce there is physical contact between husband and wife and this takes place during the Iddat period, they become husband and wife again without a need to renew the Nikah. Now the husband will have two of the three Talaaqs left.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Incontinence and Wudhu

Q: When I am done with toilet, after sometime some drops come out of my private part. What can I do?

A.
After finishing in the toilet, place tissue or toilet paper over the private part. After some time when the drops come out onto the tissue, go back to the toilet, remove the tissue and make Istinjaa.

One who suffers from doubts regarding dripping of urine should sprinkle water onto the clothing that touches the private part. So when he feels wetness he will tell himself that the wetness is the water he had thrown there. But one who has a definite problem of urine drops and is certain about it, should not sprinkle water, for this will not help to remove the doubts.

Mufti Siraj Desai

Not Knowing Janaaza Duas

Q: If one does not know what duas to read in Jannazah salaat what should they do and can they read any other duas?

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

Friday, March 19, 2010

Where Allah is

Q: Am I correct to believe that Allah is above the heavens over His arsh (throne)?
A: It is correct to believe that Allah is above the heavens and over His Arsh, but at the same time one must believe that being above and over His Arsh is in a manner that befits his Dignity, Majesty, and Honour, not in a way that our limited understanding comprehends. It is Haraam and a Bid’ah to believe that Allah is literally and physically sitting on the Arsh, or that He The Almighty is in a specific direction. Nowhere in Qur'aan and Hadeeth is this mentioned.
Mufti Siraj Desai

Ahle Hadith

Q: Who are ahle hadith?

A. The Ahle-Hadeeth are of two types. One group is those who respect the Imams, believe in the concept of Fiqh, and don’t follow Deen according to whim and fancy. They are on the straight path and within the fold of Ahlus-Sunnah.
The other group are people who condemn and insult the Imams and the Math-habs and use Hadeeth according to whim and desire. They are the ones on baatil (falsehood) and are not within the Ahlus-Sunnah.
And Allah knows best
Mufti Siraj Desai

Sajda Sahw and Breaking Wudhu

Q: What should a person do if sajdah sahw is required from him, but he broke his wudhu in the final sitting after reading the tahiyyaat? Does he need to do sajdah sahw without wudhu? Or should he take wudhu come back and make sajdah sahw?
A: If Sajdah Sahw had become Waajib then until the Musalli does not do the Sajdah with Wudhu the Salaah will not be complete, hence the Mussali wil have to make a fresh Wudhu and complete the Salaah without engaging in any extra actions. This is termed as 'Binaa'. Because the conditions of Binaa are very stringent, Ulama advise that it is better to abandon that Salaah and redo the complete Salaah.
And Allah knows best
Mufti Aadil Moosagie
Checked and approved by: Mufti Siraj Desai

Wednesday, March 17, 2010

Status of Postures in Salaah

Q: Why is it that the according to the Hanafis the itidaal (not to rush with postures) in ruku and sajdah is wajib or fard, but the itidaal in qawma (between Ruku and Sajda) and jalsa (between two sajdas) is sunnah ? Is this the reason Hanafis pray rapidly the qawma and jalsas?

A.
The preferred view in the Hanafi math-hab, after considering the different narrations as well as the principles governing Salaah, is that according to Imam Abu Haneefah and Imam Muhammad, ta’deel or tama’neenat is Waajib in Ruku and Sujood, Sunnat in Qaumah and Jalsah. The reason for this is that the actual Ruku and Sajdah are Fardh and perfection of a Fardh is Waajib, while Jalsah and Qaumah are Waajib and perfection of a Waajib is Sunnah.

According to Imam Abu Yusuf Ta’deel is Fardh in all four postures, and this is also the view of the Maaliki and Shaafi'ee Scholars. A minority among the Hanafi scholars have opted for the view that Ta’deel is Waajib in all the above postures. On this basis, latter Hanafi scholars say that the Musallee should exercise caution in this regard and apply the law of Ta’deel in all postures to be on the safe side.

As regards Hanafi Musallees who perform these postures quickly, well, they do so out of their own negligence and hastiness, not because of the above differences among Ulama. As mentioned just now, they should refrain from such hastiness in Salaah and fulfil this great act of worship with calmness and dignity.

And Allah knows best
Mufti Siraj Desai

Divorce and Rujoo via Phone

Q: My husband and I live in two different countries. my husband divorced me via phone and he said he didn't do it intentionally and it was out of pure anger. Is the divorce valid? If so, my husband wants to make rujoo (take me back in marriage) after divorcing me by phone. Is this possible?

A:
1. Even if he did not intend divorce but gave the divorce, it will take place.
2. Yes, he can do a Rujoo' by phone.
3. Witnesses are not required for the Rujoo' to be valid.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Esha Salaah and Tiredness

Q: I am pregnant, and I feel extremely tired. While reading Esha sometimes, I feel so sleepy and I find myself nodding off and my recitation cuts off, and I can’t remember where I stopped my recitation, so I start my whole surah again. Is my salaah acceptable like this? If not, when I do feel this way is it acceptable to not read my salaah and make qadhaa for it the next day? Can you give me a dua to read to give me the energy to have strength and stay awake until I have completed me Esha?

A:
If you read at least 3 verses or more of your Surah after Surah Faatihah then you don’t need to repeat the Surah from the beginning. Your Salaah will be valid even with that half or portion of the Surah.

Delaying a Salaah that it becomes Qadhaa is sinful. A Salaah has to be performed in its proper time, even if the concentration is not full. Offering the Salaah in its proper time is more important than observing proper concentration. Ideally one should try to do both, but first and foremost is to perform the Salaah in the correct time.

You should either offer Eshaa Salaah as soon as the time of Eshaa enters, or rest for a while and thereafter offer the Eshaa Salaah. You should only do this if you are absolutely sure that you will wake up on time.

Although the Eshaa Salaah is valid up to the time Fajr begins, it is Makrooh to delay after half the night has passed. Eshaa performed after half of the night has passed merits less reward. It is best to perform it before a third of the night is over. (Deen ki Baatain P65).

Recite the following regularly (Surah Ebrahim verse 40):

رَبِّ اجْعَلْنِي مُقِيمَ الصَّلَاةِ وَمِنْ ذُرِّيَّتِي رَبَّنَا وَتَقَبَّلْ دُعَاء

Tuesday, March 16, 2010

The Name Mutheerah

Q: Can one use the name 'Masera' (The Name of Wind in Jannat at start of Ramadaan) as a name of a baby girl?

A. Al Mutheerah is the name of a wind which blows from below the Arsh on the first night of Ramadhaan. It is not Masera but Mutheerah مُثِيْرَة. It can be kept as a name for a girl.
The Hadeeth mentioning this wind is mentioned in many Hadeeth compilations, among them; Shu'abul Imaan V5 P277.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Dealing on the Stock Exchange

Q: I would like to know whether it is permissible to invest in the stock exchange. Obviously, I will endeavour to ensure that the companies in which I invest in does not involve itself in the selling of haraam products.

If it is permissible, please also advise me on what other precaution/s needs to be taken eg. Do I need to remove an interest portion when selling the shares etc.

A:
Investing or buying shares in the Stock Exchange falls under the Islamic transaction of Shirkat or partnership. The Shari'ah has ordained a fixed set of rules to govern the different forms of partnership.

For example, in an Islamic partnership one who invests in a running business becomes the owner of all the stock and assets of that business in proportion to the investment. But when considering the method and procedure of buying shares on the Stock Exchange, it emerges that the purchaser or shareholder who has bought stock is not considered a real partner. In the Stock Exchange the investors don’t become partners in the assets such as fixtures and fittings, or property if any, nor do they own a share in the stock of the company. They are only entitled to a share in the profit. This is contrary to Shar’ee partnership.

Secondly, in Shar’ee partnership profits must be apportioned according to percentage, but this is not the case with shares. Instead, the company’s stock and assets are divided into a fixed number of shares and sold at a fixed price to buyers. When one buys a share one has invested that amount of money into the company. In return one should be promised a portion of the profits. What the Stock Exchange does is it awards shareholders a share of the profits in proportion to the value of their share certificates at a particular time of the year. That value may fluctuate for a number of reasons, as I shall outline further. Islamic partnership demands that the profit should be stipulated in advance and should be in a percentage form and should be commensurate with profits generated by the company after deduction of expenses and overheads.

When one sells share certificates, one is not selling his share in the company. It is merely a “right to profits” that is being sold, and this in itself is not permissible. Mere rights may not be sold according to Shari'ah.

Another point of departure from an Islamic perspective is that the rise and fall of share values on the Stock Market is not always influenced by the profits generated by the company. There are a number of political factors that enter the equation when determining share values. So when one decides to sell his or her share certificates, one may not obtain a value that is commensurate with the profits generated by that company. This in itself invalidates any form of partnership. As such, when one sells shares there is an element of Ribaa or interest involved because you are selling an intangible value in exchange for money. Had the share certificate entitled one to a proper and fully fledged share in the company’s assets, property, and stock, then at least it could be said that one is selling a portion of a tangible commodity which is valid in Shari'ah. But that is not the case in Stock Exchange shares.

Furthermore, a rule of partnership is that any partner wishing to sell up has to offer his share to the current shareholders, not to any outsider. This rule is also broken in the current Share business because one may sell to any willing buyer one wishes.

For these reasons and more, it will not be permissible to trade in the Stock Exchange.

And Allah The Almighty knows best.

Mufti Siraj Desai

Renting and Water Services

Q: The building we live in has no water meter. The connection is direct from the underground water pipe which is unlawful. The tenants have requested that the landlord rectify it on many occassions but to no avail. The Metro is laying new water pipes and soon the old pipes will be disconnected.

1. Is the above unlawful?
2. Should the water be cut, what is the responsibility of the landlord towards the tenants?


A. It is the responsibility of the landlord to provide the tenants with water, so this demand should be made from the landlord. We suggest that all the tenants apply pressure on the landlord to rectify the situation before it gets worse. Should the water supply be cut, it will be the landlord’s duty to restore the connection. The current situation is not unlawful but will later on lead to serious complications, therefore the above advice.

And Allah knows best.

Mufti Aadil Moosagie
Checked and approved by: Mufti Siraj Desai

Monday, March 15, 2010

Spouses Undressing

Q: Wife and husband can undressed upto which level?

A. They can undress completely but should cover themselves with a sheet or blanket, etc. during intercourse. Although it is permissible to view each others private parts, modesty demands that husband and wife cover themselves. This is advice in the Hadeeth (Musannaf Abdur Razzaaq V6 P194). This Hadeeth says that when going to the wife (to fulfill one's desire), do not be naked like asses.

It is mentioned that viewing each others private parts causes forgetfulness.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Trade Discount as Charity

Q: Is it permissible to give a trade discount and make intention for sadqa (charity)?

A:
When one gives a trade discount it is not like giving cash or its equivalent to the customer; hence this cannot be intended as Sadaqah. After giving a discount the end result is, according to the rules of Fiqh, that the customer is paying a reduced amount for the item, and has not received any cash back. For Sadaqah to be effective the recipient must receive cash or kind from the donor.

We suggest that should you intend Sadaqah in your trade then let the customer pay the full price and then refund him a portion of the price with the intention of Sadaqah. You don’t need to mention that it is Sadaqah. When he gets this cash amount, automatically the Sadaqah will become effective and you would have earned your reward.

And Allah knows best.

Mufti Siraj Desai

Fasting on Friday

Q: I would like to know the reason for one not to fast on a Friday alone.
A. There is a difference of opinion among the jurists regarding fast on a Friday. Some say it is permissible. Others say it will be permissible if a day before (Thursday) or a day after (Saturday) is added. Those who say that it is Makrooh to fast on only a Friday base their argument on the following:

It is narrated from Sayyidina Abu Hurayrah (Radhiyallaahu Anhu): The day of Jumu'ah is (like) the day of Eid. Do not make your day of Eid your day of fasting unless you add a day before or a day after.

Sayyidina Ali (Radhiyallaahu Anhu) says: Whoever among you wishes to keep a Nafl fast should fast on a Thursday. Do not fast on a Friday because it (Friday) is a day of eating, drinking and Zikr.

According to Imam Abu Haneefah (Rahmatullaahi Alayh) it is not Makrooh to only fast on a Friday. (Umdatul Qaari V17 P101 – 108).

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Zakaat to Family Members

Q: Is it permissible to give Zakaat to a family member whose son is undergoing an operation? The son is mentally unfit. The parents both work but cannot afford the operation.

A.
To give ones Zakaat to relatives is not only permissible but meritorious, as one would not only be discharging this obligation of Zakaat but strengthening family ties as well.

However, two points should be considered; it is not permissible to give Zakaat to ones descendents i.e. children, grandchildren, nor to ones ascendants i.e. parents, grandparents and neither to ones spouse.

Care should also be taken that the recipient is a worthy candidate for Zakaat i.e. he does not possess that amount of wealth which makes him unable to receive Zakaat. If he does possess some wealth you should wait until he has incurred the debt of the operation and then because his debts are more than his wealth, it would be correct for him to accept Zakaat.

And Allah knows best.

Mufti Aadil Moosagie
Checked and approved by: Mufti Siraj Desai

Status of Rainbow Chickens

Q: I saw on Sanha’s website that you (Mufti Siraj Desai) were a guest speaker once at their AGM. I would like to know if it is possible for you to inform me on the status of their Rainbow chicken certification. Are these allegations, that the chicken is not halaal just rumors, or is it possible that there could be some truth to the allegations?

A: The Rainbow chickens that Sanha certifies are Halaal. They have a team of Ulama who do inspection of the plant where these chickens are slaughtered. However, it is always better to eat freshly slaughtered chickens from people who you are certain will slaughter according to Shari'ah.

And Allah knows best

Mufti Siraj Desai

Nifaas and Missed Fasts

Q: If a women experiences nifaas and is breastfeeding during the month of Ramadaan, does she need to make qadhaa for all the fast that she has missed?

A.
During Nifaas the woman has to make Qadhaa of all fasts that were missed. Breastfeeding does not alter this ruling.
Mufti Siraj Desai

Selling Insurance

Q: I am unemployed and need to find employement as soon as possible. I live in a small town and the only job I can get is to sell insurance for a big company. Is it permissible for a Muslim to sell insurance products that include educational plans, investments, pension plans and funeral cover?

A: Insurance is a procedure that involves two unlawful elements: viz; interest and chance. Interest is found because one pays into the fund a certain sum of money in premiums, and then gets back a far greater sum if and when a payout is made. The chance factor, which is also found in gambling, arises because one is uncertain whether an incident will occur that will warrant a claim. Islam prohibits this for a number of reasons. The prohibition of interest or usury is well known. On this basis, any form of insurance that has these two elements will be Haraam. The interest factor alone is enough to render any transaction or deal as Haraam.

You need to put your trust firmly in Almighty Allah. Don’t ever believe that the only job available is selling insurance policies. This is a test from your side and with a little bit of positivism you should pass this test, Inshaa Allah. With trust in Allah and perseverance, other doors will open for you. Be assured that if you withhold yourself from Haraam employment for the sake of Allah, He will certainly open up other avenues of sustenance and income for you. It is a tough challenge, and made much more difficult by the negative promptings of Shaytaan, but you just need a little bit of will-power and self-control to keep yourself in check.

The Messenger of Allah (Alayhis-salaam) once said to a Sahaabi: “Seek a Halaal livelihood for you and your family, for verily this is a Jihad in The Path of Allah. And know that the Help of Allah lies in pure trade.” (Majma’uz-Zawaaid, Chapter on Trade)
Another Hadeeth states: “Let not a delay in sustenance (e.g. unemployment) drive you to seek it in the disobedience of Allah, for you will only get what is by Allah through His Obedience.” (Tabarani, from Abu Umamah Radhiyallaahu Anhu).

May Allah Ta’aala grant you an easy and Halaal source of income, Aameen.

Mufti Siraj Desai

Thursday, March 11, 2010

Importance of Walima

Q: What is the importance of Walima in Islam? My walima was not done due to the of death of my uncle.

A.
The Waleemah feast is Sunnah and not a compulsory act. If it is left out, no sin will be incurred. It is a misconception to think that a Waleemah has to be a lavish feast, with many people invited. Two or three people can be invited with the intention of Waleemah and something simple is served, e.g. a few glasses of milk, or tea and biscuits, etc. Issues such as venue, amount or types of food are immaterial. We advise the boy gives a simple Waleemah by inviting Muslim friends and members of the girls family. Death of the uncle should not have prevented a small Waleemah for the purpose of fulfilling the Sunnah. Waleemah should only be done within the first two days after Nikah, and not thereafter.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Trimming Hair Between Lower Lip and Chin

Q: Does the area directly below the bottom lip and above the chin constitute part of the sharia beard or can this be trimmed?

A.
The area below the lip and above the chin is part of the jawbone upon which it is Waajib to grow the beard, hence it would not be correct to shave this part of the beard. (Fataawa Mahmoodiyah V19 P396). And Allah knows best.

Mufti Aadil Moosagie
Checked and approved by: Mufti Siraj Desai

Wine as Medicine

Q: My friend has got epilepsy since he was small now the doctors are suggesting he use wine because no other medicine is helping him. Can he use wine as medicine?

A.
If the doctors are absolutely sure that only wine will help him, then it will be permissible for him to use it according to need and not more than that. (Raddul Muhtaar V2 P116). First speak to a Muslim doctor to confirm that only wine will help him. Also speak to the Hakeems. Wine can only be used in this case as a last resort.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Tuesday, March 9, 2010

Selling Products to Bankers

Q: Does Islam allow to sell grocery products to bankers?

A.
Yes, it is permissible to sell goods to bankers as it is permissible to sell goods to other Kuffaar. Rasulullah (Sallallaahu Alayhi wa Sallam) and the Sahaabah did trade with Jews and idol-worshippers, and we know that these people indulged in usury and Ribaa. The Holy Qur'aan did not prohibit this.

Mufti Siraj Desai

Talaaq Situation

Q: I asked my husband for talaq (divorce). He gave it in this way: I said 'give me talaq', he said 'I give you'. This was done three times with one witness present. Is this talaq valid because he stated that he never said 'I give you talaq', he only said 'I give you'. Is our Nikah (marriage) still valid?

A. The discussion was on Talaaq, so when he said 'I give you', it referred to Talaaq. If this was done three times, then three Talaaqs have taken place and unfortunately this Nikah is over.

Further, for Talaaq to be valid there is no need for witnesses.

Three Talaaqs have fallen and the two of you cannot marry each other again without Halaalah.

Mufti Siraj Desai

Widow's Expenses in Iddat

Q: A man passes away leaving a widow. She used to live alone with him in a complex. The man was self sufficient. i.e. he had many assets. During her Iddat who is responsible for the paying of her everyday expenses? Expenses such as: Water & Lights, Telephone/mobile accounts, Domestic helper, Car maintenance, etc. Does this come out from the estate or is it the in-laws' responsibilities to pay for such expanses?

A.
If her family members are by the means, they should take responsibility for her expenses. They will be rewarded for their kindness. If not, it can be taken out from the estate but the amount taken should be deducted from her share of the estate.
Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Method of Masah of Ears

Q: What is the sunnah way of making masah of the ears in wudhu? Do the whole ears have to be made masah of? When I make wudhu I wipe every inch of the ears (such as the sides, earshell, etc), because I think if I leave a dry part it will not enough. Please tell exactly which parts of the ears must be made masah on, and which parts can stay without Masah.

A. Method of Masah of the ears:
Make Masah of the ears after Masah of the head. Use the forefingers for the inside of the ears and the thumbs for the back of the ears. Start with the forefingers from the ear-holes and follow the curves till you reach the earlobes. Thereafter place the thumbs at the bottom of the ears in the back (behind the earlobes) and pull them towards the top of the ears. Then place the two small fingers in the ear-holes and shake them slightly. The Masah of the ears is complete. If per chance any portion of the ear was not covered in Masah, the Wudhu is still valid. (Al Bahrur Raa'iq V1 P27).

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Females Working at Juma Time

Q: Is it true that Muslims regardless if they are making Jumah Salaah or not (e.g. a menstruating lady) must close their business & not receive any income for the duration at all?

A.
Those people upon whom Jumu'ah Salaah is Fardh, such as adult males, must stop trading when the first Adhaan goes for Jumu'ah Salaah. It is Haraam for them to continue trading. If there is a female is in the shop during Jumu'ah time, the income will be Halaal but females should not be in business at all, whether they are menstruating or not. This is a separate issue from the question of trading during Jumu'ah time.

Mufti Siraj Desai

Monday, March 8, 2010

Shaving Beard Due to Job

Q: Is shaving off the beard permissible because one's job does not permit it? What should one do if in this situation?

A
. The Hadeeth clearly states that there is no obedience to the creation if in it lies disobedience to the Creator. (Al Mu'jamul Kabeer V18 P177). You are being tested and if you pass this test there is unimaginable reward and benefit for you Inshaa Allah Ta'aala.

If the job does not allow you to keep a beard, you have no choice but to resign and seek another job, even if it pays less than the first. By respecting and fulfilling the law of Allah, Allah will compensate you in many ways Inshaa Allah.

Moulana Yusuf Laher

Two People in One Grave

Q: My father in law passed away 20 years ago and my mother in law remarried and her second husband also died. Is it permissable to bury my mother in law in the same qabar (grave) as my father in law? (my husband's father/my mother in law's first husband)

A.
It is permissible to bury one Mayyit in the grave of another only if it is certain that the body of the first deceased has disintegrated and become sand. This is mentioned in most of the books of Fiqh. After 20 years it is possible that this has happened; hence it will be permissible to bury your mother-in-law in her husband’s grave.

And Allah knows best

Mufti Siraj Desai

Practicing Law

Q: If a person studied BCom Law, what type of job in this field is allowed and doesn't go against our shariah (Islamic Law)?

A.
Firstly, if a female has acquired this degree then she is not allowed to work among men or interact with men during the course of this work. To do so is Haraam.

Secondly, one may do any work or business which does not involve interest, either directly or indirectly.

Mufti Siraj Desai

Mehndi in Pregnancy

Can a Muslim woman apply mehndi (Henna) during pregnancy?

A
. A woman can apply Mehndi during pregnancy.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Attending a Birthday

Q: My in laws are having a surprise get-together one day before my mother-in-law's birthday. They said it's fine because there will be no cake and it's just a get-together. What should I do?

A
. The underlying purpose of this get-together is her birthday which Muslims do not celebrate in any form; whether on the day, a day after or a day before. Gathering a day before does not now imply that it is correct. It will be best not to gather for this purpose, the time of gathering is irrelevant.

However if your non attendance will create animosity and discontent among yourselves, then just to keep the peace, attend the gathering but make an excuse to leave early, and make Istighfaar thereafter.
Allah Ta'aala knows best.

Mufti Siraj Desai

Ruling for Person Drowned at Sea

Q: What is the Islamic ruling concerning a person who has drowned at sea and his body was not recovered? Should Salatul Janaazah be performed on him and if so when? What happens to his nikah (marriage); when should the iddah of his wife start and should inheritance be distributed and at what time?

A. According to the Hanafi Madhab, Janaazah Salaah can only be performed if the body of the deceased is present. Because as long as the body has not being recovered, his death is not confirmed.

In this case if the wife is able to spend the rest of her life without remarrying but still remaining chaste, then she should do so.

If not, then she will submit her case to a panel of Ulama that deals with such matters. After hearing her case they will instruct her to wait for four years from the date of the hearing. The time before the hearing took place will not be considered (will not be counted in the four years).
If the husband returns during this four year period, he will simply come back to his wife without any fuss.

If he does not return by the end of the four year waiting period, this panel of Ulama will now pass an official verdict that the husband is dead. Thereafter she will remain in Iddat for the stipulated period after which she will be free to remarry. (Fataawa Mahmoodiyah V13 P233).
Inheritance will be distributed when the panel declares the husband to be dead.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Time fot Tahajjud Salaah

Q: Is it permissible to pray tahajjud salaah when one is awake till late at night or is it necessary to sleep and then wake up to pray tahajjud?

A.
Although there is more reward for Tahajjud if one wakes up from sleep and then performs it, (because of the sacrifice of parting from a warm bed), Tahajjud is valid from after Eshaa Salaah. Nafl performed after Eshaa Salaah will be counted as Tahajjud. (Al Bahrur Raa'iq V4 P245)

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Addicted to Music

Q: I have been listening to rave music. I don't know how to stop as the music gets better as the years go by. Please advice me. Is everything finished for me?

A.
Never ever lose hope in the Mercy of Allah Ta'aala. Irrespective of how big a sin is or how long it has been committed, when a person sincerely turns to Allah seeking forgiveness, he is immediately forgiven. The very fact that this is troubling your conscience is a good sign. You need to build up the courage and start turning towards Allah to take you out of this. Ask Him regularly and He will make a way out for you. Ponder over the spiritual harms of music and sin in general. Connect yourself to a pious Aalim in your area whom you will be comfortable with. You need to spend time in his company and from him understand the harms of music and the benefits of obedience unto Allah. Changes will not happen overnight. Stick with the Aalim and after a while you will begin to notice the difference within yourself. If you are not sure who to turn to, notify us of the area you live in and if we know of someone in your area, we can suggest the name to you.

You firstly need to cut off from such company that will entice you towards rave music. Listen a lot to recitation of the Holy Qur'aan, on CD’s, tapes etc.

May Allah Ta'aala assist you and grant you success in eradicating this problem, Aameen.
Correspond with us freely whenever you wish.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Tuesday, March 2, 2010

Proof for no Zuhr on Friday

Q: Is there any hadith or prove in Islam that one should not perform zuhar salaah on a Friday?

A.
The Hadeeth clearly mentions that Jumu'ah has been made Fardh upon the Ummah. From the time of Rasulullah (Sallallaahu Alayhi wa Sallam) and throughout the centuries the Ummah performed Jumu'ah on a Friday during the time of Thuhr without performing Thuhr. Obviously, the practice of the Sahaabah and those after them has been derived from the practice of the Nabi (Sallallaahu Alayhi wa Sallam).

The books of Fiqh state that if Jumu'ah is Fardh on a person, he will make Jumu'ah and not Thuhr.

Sayyidina Abu Sa'eed Khudri (Radhiyallaahu Anhu) narrates that once Rasulullah (Sallallaahu Alayhi wa Sallam) delivered a Khutbah wherein he said: Verily Allah has made Jumu'ah compulsory (Fardh) upon you in this place of mine, in this moment, on this day, in this month, in this year, till the day of Qiyaamah. The Hadeeth further says that Rasulullah (Sallallaahu Alayhi wa Sallam) cursed the person who neglects Jumu'ah without a valid reason. He said that may that person's affairs not become right and may he not be given Barakah (blessings) in his matters. His Salaah, Haj, good deeds and Sadaqah will not be accepted until he makes Taubah for neglecting Jumu'ah. (Al Mu'jamul Awsat V7 P192, Badaai'us Sanaai' V1 P256)

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

When to Marry

Q: I am 19 years old, going into university next year. I am hoping to finish my hifz and am involved with dawah activites also. The main point is that I am not earning, but I feel I need to get married. I have found a perfect spouse for myself, whom I believe will also increase me in taqwa and acts of rightousness. With the points above in mind, when would you recommend me to get married? How do I approach my parents becuase they may think I am too young etc.?

A.
The Hadeeth mentions that when a person is capable of getting married, he should do so. By marrying, one will be saved from many sins, Inshaa Allah Ta'aala. One of the requirements is that a person must provide his wife with a separate place to stay and also fend for her (food, clothing, medicine, etc). It is necessary that you earn to fulfil this requirement of marriage. If you feel that you should get married soon, forego your studies for the moment, work so that you may be able to support a wife and get married. You can study later. On the other hand, if you are positive that you can go through studies without getting married and without committing sin, study first and marry later. The other alternative is to secure a bursary that will be sufficient for you and a wife during your studies.

Mufti Siraj adds: You may also marry now but start living together later in life, once you have secured yourself a good job. In the meantime she can continue living with her parents. Once you have made Nikah the two of you can communicate and meet freely because you are now Halaal for each other, but this will only be possible if her parents agree.
May Allah guide you towards the best decision, Aameen.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Zakaatable Items

Q: On what items is Zakaat payable?
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, computers, furniture, etc.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Monday, March 1, 2010

Definition of "Our Spirit"

Q: Chapter 19, verse 17 of the Qur'an mentions the word "our spirit". What is the explanation of this?

A.
In Surah Maryam (Ch 19), verse 17, the word Roohana, meaning ‘our Spirit’ refers to the Arch Angel Jibreel (Alayhis Salaam) when Almighty Allah sent him to Hadhrat Maryam (Alayhas Salaam) to give her the good news of a son. This is the unanimous Tafseer and explanation of all commentators that has been transmitted over the centuries. There is no 'tafseer bir-ra’iy' in this regard because it is an historical event.

Mufti Siraj Desai

Umrah Removing Poverty

Is it correct that there is a Hadith to the effect that performing Umrah removes sins and poverty?

A
. A Hadeeth mentions that when Haj and Umrah are performed consecutively, poverty and sins are wiped out just as a furnace removes dirt from iron. (Ibni Maajah V2 P964).

Another Hadeeth mentions that sins committed between two Umrahs are wiped out by virtue of the two Umrahs. (Tirmidhi V3 P272).

Another Hadeeth mentions that the Hujjaaj and those who make Umrah are delegations of Allah. When they ask (from Allah), they receive. When they make Du'aa, they are answered. When they spend they are compensated. (Shu'abul Imaan V9 P141). We could not find a narration mentioning that Umrah alone (without Haj) removes poverty. The narration above mentions Umrah and Haj consecutively removes poverty.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Buying Online Shares

Q: My question revolves around online share trading. Is it permissable to trade in company's shares? Nowadays, everything is done electronically, but when you purchase a share, you don't physically receive a share certificate as everything is now digital. However, you definitely own a share in the company as you will receive correspondence as well as be able to vote in company meetings.

If we are allowed to trade in shares, would it be permissable to invest in companies who earn interest. This is not their primary business, but due to monies being in a bank account, it accrues to the company.

A:
When one purchases a share on the stock exchange then it means one has become the owner of a share in a particular company. All information related to the share purchases is communicated to the shareholder; hence it will be permissible to buy into these companies as long as the company is not a casino, a brewery or any enterprise that deals in haraam.

Based on the above, it will be permissible to purchases these shares online, via the internet.

And Allah Ta’ala knows best

Mufti Siraj Desai

Trading in Currencies

Q: Can one buy and sell foreign currencies?

A
: Trading in foreign exchange by buying and selling currencies is totally permissible provided at least one of the two currencies is present and take into possession at the time of the transaction. If a deal of this nature is done whole none of the two commodities is present, it will not be permissible. This obviously applies to the exchange of different currencies such as rands for dollars, or dollars for riyals, and so forth.

And Allah Ta’ala knows best.

Mufti Siraj Desai

Revert Taking Islamic Surname

Q: A sister, revert to Islam, has no known father. Her current surname is of a maternal family member not closely related by blood. May she choose an Islamic surname in this case, or use (her name)bint(mother's name)? She knows name change is not obligatory, but wishes to be identified as a Muslimah.

A:
It is necessary for Islamic identification that this sister adopts an Islamic name. Given the background she comes from it will be permissible for her to take an Islamic surname and also permissible to use the term “bint” between her first name and the name of her mother, as indicated in the question. The latter is better, in our opinion.

And Allah Ta’ala Knows best

Mufti Siraj Desai