Method of Halaalah

Q: I am divorced for 2 years. Now my husband wants me back and we want to do halaala. How do we go about doing this?

A. Although Nikah to your ex-husband will be valid after the second husband divorces you and you observe the period of Iddat; it is sinful to plan it (the Halaalah) this way.

Rasulullah (Sallallaahu Alayhi wa Sallam has cursed people who marry solely for the purpose of Halaalah. (Ibni Maajah V1 P622).

If she gets married a second time and coincidentally the second husband divorces her or he dies and thereafter she marries the first husband again, they will not fall under this curse mentioned in the Hadeeth.

Remember that only Nikah with the second purpose does not suffice. After he makes Nikah with you, he has to share your bed too, i.e. he has to have a sexual relationship with you. (Al Hindiyyah V1 P473).

Mufti Siraj adds:
However, if a third party arranged this Nikah to you, without you speaking to the man directly, then this will be allowed and will not fall under the curse mentioned in Hadeeth. This means that you go to a third person and ask him to arrange a partner for you but to inform the would-be husband the reason why this Nikah should take place. In this way you will have no negotiation with the second husband.

Also note that for the Halaalah to be valid and for you to be able to come back to your first husband, it is necessary that the second husband has sexual relations with you.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Safa and Iram as Names

Q: Are the names Safa and Iram good? Which one is better and what are the meanings?

A. The name Iram is linked to the nation of Aad on whom Divine punishment descended. Some say it is the name of a 'paradise' which Shaddaad had built. Shaddaad is the enemy of Allah. (Ma'aariful Qur'aan; Surah Fajr). The name Iram should not be kept.

Safa is also a good name meaning cleanliness or clean

Better than Safa is the name Safiyyah which means 'chosen'.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Consentual Sex Before Marriage

Q: Can a boy and girl engage in sex with mutual understanding before marriage?

A: Any type of relationship between a male and female is forbidden and Haraam before Nikah (marriage), whether there is mutual understanding or not. It will be permissible after Nikah.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

Time for Starting Qasr

Q: When do I become a traveller? Is it only once I pass 77 km or is it immediately once I set out on my journey (which will be more than 77km)?

A: If you are going to travel for 77 km or more, you will start making Qasr (shortening Fardh Salaah) once you leave the border of your hometown.

Distributing Business Flyers During Jumuah

Q: Is it permissible to get a non-Muslim to stick business flyers to car windscreens on Friday during Jumuah?

A: It is permissible to get a non-Muslim to stick flyers to car windscreens during Jumu'ah.

Asking the Prophet sallallahu alaihi wa sallam for Help

Q: Can we ask the Prophet sallallahu alaihi wa sallam directly for help?

A: It is Haraam to ask the Holy Prophet directly for anything. Yes it is permissible to go to his grave and ask him to intercede for one by Allah, or ask him to make Du'aa for one by Allah. But this can be done only in front of his Blessed Grave and not from afar. This is mentioned in the books of all math-habs.

And Allah knows best.

Mufti Siraj Desai

Son Massaging Mother

Q: Is it permissible for a son to rub ointment (Deep Heat) on his elderly (>60yrs) mother's neck, shoulder and back, bearing in mind that her shoulder and upper back would be exposed and she lays on her stomach while this is done? She has been experiencing pain in that area and the intention is to treat the pain with the ointment. Should her husband rather do this?

A. It will be permissible for you to rub her neck. The shoulders and back should be rubbed by your father. If for some reason he cannot do it and you are compelled, have a sheet covering her. Place your hands under the sheet while rubbing her, keeping the body closed throughout the process.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Marrying a Jehovah's Witness

Q: Is it allowed in Islam that a Muslim man marry a Jehovah's Witness girl?

A. It is Haraam for a Muslim to marry a non-Muslim, whether he or she is Jehovah’s Witness or Protestant or Catholic or Jew or Hindu or whatever. Such a marriage is not valid and is akin to Zina.

Mufti Siraj Desai

Fard of Tashahhud

Q: What is the fard part of the At Tahiyyat (Tashahhud)?

A. In the Hanafi Madhab the entire At Tahiyyaat (Tashahhud) is Fardh and not the Durood and Du'aa.

In the Shaafi'ee Madhab the entire At Tahiyyaat and the first part of the Durood (ALLAAHUMMA SALLI ALAA MOHAMMAD) is Fardh. The rest of the Durood and Du'aa is not Fardh.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Climax and Ghusl

Q: If a female gets wet during arousal and climaxes but no intercourse has taken place, does she have to make ghusl?

A: Ghusl will be compulsory in this case.

Mufti Siraj Desai

Boy Kissing Boy

Q: Under what conditions does Sharia allow me to kiss an Islamic friend? I am a boy and I love a boy for Allah and Islam. Can I kiss him on neck or cheeks. I have seen many people and Islamic scholars kiss each other on the face when they meet, especially Arabs.

A. It is not permissible for a young boy to kiss another boy. This is stated in the Fiqh Kitabs such as Raddul-Muhtaar and others. The Arabs who do this do it because of a custom among their communities. This is allowed between elders if it is part of their tradition.

It is permissible for a male to kiss the hand of an Aalim or senior out of respect.

Mufti Siraj Desai

Artificial Insemination

Q: Is surrogacy allowed in Islam? In this instance the couple's fertilized embryo is planted into a surrogate to be the 'carrier' for the childless couple.

A: 1) IVF or in vitro fertilization, also known as artificial insemination is a procedure whereby the woman’s eggs are extracted and fertilized with the husband’s or donor’s sperm in the laboratory using a receptacle similar to a test-tube. That’s why a baby conceived in this way is called a ‘test-tube’ baby. This procedure is obviously carried out for infertile couples and mothers who cannot bear children. In Islam this will be allowed under the following conditions:

a) Sperm used must be that of the husband. Using donor sperm is not permissible.
b) The husband should not use masturbation as a means to collect sperm. Instead Shari'ah allows coitus interruptus as well as masturbation of the husband by the wife.
c) Surrogacy should not be resorted to. That is, once the sperm and the ova are fertilized, this matter should not be implanted into the womb of another woman who will act as a surrogate mother for the couple. This is sometimes done when the infertile mother has too weak a womb to carry a pregnancy to its term. The fertilized eggs must go back into the womb of the mother.

If the above conditions can be applied then it will be permissible for a couple to resort to IVF as a means of conceiving children. Muslims should not go beyond the limits set above. Rather resign oneself to the Decree of Allah than flouting His Law.

2) It is permissible to use solar powered geysers as well as any solar heated water. Nothing in Qur'aan or Hadeeth prohibits this.
3) The Dead Sea is where the Punishment of Allah came down upon the nation of Nabi Loot (Alayhis-Salaam). There is spiritual darkness in this area, so Muslims are not allowed to use products made from the sand and material of the Dead Sea.

And Allah Ta’aala knows best

Mufti Siraj Desai

Transporting Alcohol

Q: We are a transport company and have an opportunity to transport alcohol. Is it permissible to do so?

A. It is not permissible to transport alcohol. It is mentioned in a Hadeeth that among the ten people cursed for involvement in wine, one is the transporters.
(Ibni Maajah V2 P1121)

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Covering Head While Eating

Q: My sister asked why women have to cover their head when they sit to eat but men do not. Can you please clarify this?

A. Covering the head when eating is an etiquette for both males and females.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Moirs Essence and Denatured Alcohol

Q: Is Moirs vanilla essence Halal? It contains denatured ethanol and E122.

A. Denatured alcohol does not contain intoxicating characteristics, so it’s Halaal. E122 is a synthetic dye and is also Halaal. Therefore, Moirs essence is Halaal for consumption.

And Allah knows best.

Mufti Siraj Desai

Dealing in Real Estate

Q: Is it halal and right in Islam to deal in real estate sale purchase work in North America?

A. Real estate is trading in property and this is a lawful and Halaal form of trade, regardless which country one works in provided one goes about the business with honesty. If there are certain special rules you wish to know regarding this type of occupation, then please do so. You are most welcome.

Mufti Siraj Desai

Dream and Ghusl

Q: Is ghusl compulsory on me if I see myself urinating in dream?

A. Ghusl will not be compulsory if a person sees himself urinating in a dream.

Moulana Yusuf Laher

Son Looking after Mother

Q: Is it permissible for a son to hug his mother? Is it also permissible for a son to rub ointment on his mothers hand or leg if she requests him to do so? His wife finds this totally unacceptable. Is this permissible?

A. It is permissible and an act of great reward for a son to hug his mother. It is also permissible to rub her with ointment. A son should serve his mother as much as possible. The objection of the wife in these matters is totally unacceptable.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Alcohol in Medicine

Q: Is it permissible to use medicine that contains alcohol? What is the difference between that and the liquor you find in the bottle store?

A. It is permissible to use medicine that contains alcohol when no Halaal medicine is available to substitute it. The difference between this and wine sold in bottle-stores is quite evident. A small amount of wine can cause intoxication, whereas no matter how much medicine one consumes, intoxication does not occur, though the patient might become seriously affected by the overdose.

Another difference between alcohol that is in medicine and the wine sold in bottle stores is that the medicinal alcohol is not made from grapes but is instead manufactured from wheat, molasses, sugars, etc. Whereas wine is made from the fermentation of grapes and this is what the Qur'aan has described as KHAMR or wine.

Allah Ta'aala knows best.

Mufti Siraj Desai

Female Doctor Treating a Male

Q: Can a female doctor treat male patients?

A. A non-mahram female may not see any part of the body of a male and vice versa. Likewise, close communication between non-mahrams of the opposite sex is not allowed in Islam. On this basis, it will not be permissible for a female doctor to treat male patients, just as under normal circumstances it is not permissible for a male doctor to treat a non-mahram female.

However, cases of emergency are excluded from this prohibition. For example, a male has been seriously injured in an accident and needs urgent medical attention and no male doctor is available, or a man suffers a sudden collapse of organs and requires immediate attention. Under these cases it will be permissible for a female doctor to treat the male patient. Another example of emergency is when the female doctor is the only one who provides treatment in a certain specialist field, such as a neuro-surgeon or heart specialist etc. and surgery needs to be carried out. In these extreme cases Shari'ah lifts the restriction for both males and females.

The same principle as above will apply to a male doctor treating female patients.

And Allah Ta’aala knows best.

Mufti Siraj Desai

Buying a Diamond Mine

Q: What is the ruling of buying a diamond mine in Islam? I'm looking to go into partnership in buying a mine. What ruling is there that I need to be aware of?

A. According to our Shari'ah it is totally permissible to purchase a diamond mine or any other mine. Here are some basic rules to remember:

1) A condition for buying and selling a mine is that the original owner or owners should have acquired the land lawfully and started mining on that land. Once this condition is found then the mine can be sold and resold to different buyers. Such a deal will be regarded as a normal sale in Shari'ah, and the rules of a normal sale will apply. This is permissible and the earnings of that mine will be Halaal.

2) It is permissible to purchase the mine on credit; that is, paying for it over a period of time in fixed instalments.

3) If a partnership is created then it is necessary that a fixed percentage be fixed for each partner. It must be stated in the partnership agreement that the parties will share in whatever comes out of the mine according to these percentages. The percentages can be mutually agreed upon and can vary.

4) All expenses related to the mining must be shared by the partners and will be paid out from the profits before distribution.

5) The partners will also share any losses suffered in the course of their mining business.

6) Normally there is no Zakaat on the value of diamonds. However, if the diamonds are for resale, as will happen once the diamonds are removed from the mine, then Zakaat on those diamonds will be compulsory, because now the diamonds are merchandise or stock. You have to consider the current market value of the diamonds when calculating Zakaat on them. Also note that Zakaat on those diamonds will only be due after one Islamic year has passed from the time the diamonds were removed from the mine.

And Allah knows best

Mufti Siraj Desai

Dyeing Hair Black

Q: My hair turned whlte prematurely. Can a male dye his hair black? Can black henna be used?

A: It is not permissible to use black dye of any kind, whether henna or other. (Raddul Muhtaar V27 P89). However, red henna is allowed. Other colours that are in fashion among the west such as purple, red, brown, etc are not allowed because these are trends of the west which we Muslims are not allowed to adopt.

Don’t be grieved if your hair is grey at a young age. This is a hallmark of respect and dignity that Allah grants His servants. It comes in the Hadeeth that for every grey hair a person has in this world, so much Noor there will be for him or her in the grave and on the Day of Judgement.

Mufti Siraj Desai

Swimming Pools

Q: If swimming in a public swimming pool, does ghusl become neccesary before performing salaah?

A. After swimming in a public pool, Ghusl will not be necessary before performing Salaah.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Status of Mother-in-law

Q: I read recently that even after divorce then the wife's mother remains your mother inlaw. My wife died a few years ago but I am still in daily contact with her mother as my son visits her daily. Is my deceased wife's mother still considered to be my mother inlaw and what would the situation be if I should ever remarry?

A. She is still your mother-in-law because you were married to her daughter and you and her are still Mahrams; hence Nikah between the two of you is Haraam. This is what is meant when it is said that she is still your mother-in law.

However, you should adopt a certain amount of Hijaab from her, especially if she is not very old.
Even if you remarry, she can still be called your mother-in-law. But to avoid confusion you may refer to her as your “ex mother-in-law” (if it does not offend her!) as opposed to your current mother-in-law.

Mufti Siraj Desai

Divorce and Reconciling

Q: I would like to know if my wife gets a divorce: what happens to the reconcile phrase does it fall away or can I go back within the 3 months iddah period?

A: The reconcile phase, which is the Iddat of three menstruation cycles, does not fall away. You may take her back within that period by verbally stating that you have taken your wife back or by an act of intimacy with her. If the Iddat has expired then you must make Nikah to her again if the two of you wish to make up. This applies if one or two clear and direct Talaaqs were issued.
However, if you had given her a Talaaq Baa’in, then you can only reconcile by making a new Nikah in the Iddat or afterwards. If three Talaaqs were given then there is no option of reconciling at all.

Mufti Siraj Desai

Veganism

Q: Is veganism allowed in Islam?

A. A vegan is a person who does not eat animals or animal products. Islam has allowed the eating of meat. A narration states that meat is the most superior of foods. (Tuhfatul Ahwadhi V10 P261). Rasulullah (Sallallaahu Alayhi wa Sallam) loved meat.

If a person becomes a vegan due to e.g. health reasons i.e. consumption of meat is not advisable for him, or a person simply cannot eat meat but does not believe that it is wrong to eat meat, it will be permissible.

If the person becomes a vegan for the wrong reasons, e.g. he believes that it is morally wrong to eat meat, slaughtering is cruelty to animals, etc. then it will not be allowed.

Allah Ta'aala knows best.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Zakaat for Deceased

Q: My father passed away when I was ten, in 1981. My sister who is 6 years older than me, told me recently that she can't remember my father ever talking about paying Zakaat. We were not well off but I'm sure that we had wealth exceeding the Nisaab. Can you please advise us on what we should do?

A. Even if Zakaat was compulsory on your father and he did not pay it, it will not be paid from the estate unless he instructed that it be done from the estate. (Raddul Muhtaar V29 P360).

A decision cannot be made on a doubt. Your sister not remembering him speaking about paying Zakaat is not proof that he never paid Zakaat. It is also possible that Zakaat was not Fardh on him. Give the deceased the benefit of the doubt in this matter and do not delve into it. As mentioned above, even if Zakaat was compulsory upon him but he did not instruct that it be paid from the estate, then it will not be paid by the heirs.

Allah Ta'aala knows best

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Ethanol in Robertsons Essence

Q: Is ethanol alchohol (used in Robertson's vanilla essence) halaal?
This is the definition:
Ethanol-
Alcohol is a colorless liquid, produced by the fermentation of sugar or starch, that is the intoxicating agent in fermented drinks and is used as a solvent. Also called ethanol and ethyl alcohol.

A. Ethanol also known as ethyl alcohol is the main ingredient used in wine-making. This is found in Robertson’s essence and is not Halaal for consumption; hence you should not use this essence. There are other substitutes on the market.

And Allah knows best.

Mufti Siraj Desai

Violating Iddat

Q: If a woman violated iddat due to ignorance how can one compensate?

A: There is no compensation for violating the Iddat. Make Taubah and repent for violating the laws of Iddat. Sincere Taubah will Inshaa Allah will remove the effects of the violation.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

Suicide Bombings

Q: Are what the western media calls "suicide bombings" allowed in Islam?

A. SUICIDE BOMBINGS

In Islam there is a law that states if a Muslim intends to single-handedly attack the enemy in battle and knows that he won’t come back alive but also has full confidence that such an attack will cause tremendous harm to the enemy and will crush their morale, then such a solo attack is permissible. Though outwardly it seems like suicide, but the outcome in this case justifies such an attack. In this case the Muslim is not doing anything to kill himself; instead he is launching an attack against the odds with the hope of inflicting severe harm on the enemy. This is allowed and in fact recommended. Imam Muhammad (Rahmatullaahi Alayh) of the Hanafi Scholars mentioned this in detail in his book As-Siyarul-Kabeer. Allama Qurtubi (Rahmatullaahi Alayh), a famous commentator of the Holy Qur'aan mentioned incidents of this nature among the Sahaabah and the former Mujaahideen.

However, if the result will not be harmful to the enemy nor will such an attack inflict considerable or substantial harm on them then it is an exercise in futility and is not permissible, because this is contrary to the verse of the Holy Qur'aan where Allah Ta’aala declares:
“And do not cast yourselves to destruction” (Surah 2, verse 195) “O Believers! ...... Do not kill yourselves” (Surah 4, verse 29) These verses imply situations where there is no meaningful benefit or impact achieved while the attacker is actively taking his own life.

In modern-day suicide bombings the attacker is not killed by the enemy, nor does he actively attack the enemy. Instead the bomber detonates an explosive that kills himself first, and then the enemy. So it is the bomber who absorbs the brunt of the explosion. This type of attack is clearly different to the former methods of attack where the fighter would launch himself at the enemy, kill a few before being killed. In today’s ‘suicide attacks’ the attacker kills himself and then the enemy. In most cases, the killing of the enemy is not guaranteed, as events have proven. At times these suicidal attacks did wreak major havoc among the enemy but these successes are few and far between.

Based on this we would say that if the attacker is almost certain or has full confidence that he will be able to inflict heavy losses on the enemy then he will be allowed to resort to this mode of attack with the intention that the explosive is being detonated at the enemy or for the purpose of blowing up the enemy. There should never be the intention of killing oneself or blowing up oneself. If the chances of major damage are slim or almost nought, then this type of attack will not be permissible.

Heavy losses mean such damage that will make it difficult for the enemy to continue normal aggression against Muslims, or will instil such fear in them that they will desist from causing further harm to Muslims. Just killing a handful or Kuffaar, and inviting further and heavier aggression from their side does not seem to be justification for the permissibility of such suicidal operations..

Another condition, which applies to all forms of combat, is that women and children should not be targeted or killed in such an operation. This was the express command of Rasulullah (Sallallaahu Alayhi wa Sallam).

Having said all the above, it must be noted that any Muslim who takes part in such suicidal bombings in war-torn and battle-ravaged areas will not be condemned for this action because in the final analysis outside observers will not know what the affected people are going through and the state of their personal and inner emotions. We would never realise what drove a man or a woman to the point where he or she will strap the body with explosives and go out there and die.

And Allah Ta’aala knows best.

Mufti Siraj Desai

Time for Walimah

Q: Can one have the walimah the same day of the nikah (marriage)?

A. Waleemah may be held the same day as the Nikah, but after it, not before. And to comply with the Sunnah, the boy and girl should spend a few moments in seclusion after marrying and before the Waleemah. It is not necessary for them to engage in sexual relations in those few moments.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Difference Between Talaaq and Divorce

Q: What is the difference between talaaq and divorce?

A. Talaaq and divorce are exactly the same. Talaaq is an Arabic word which in English means divorce. The same laws will apply whether a man uses the Arabic term ‘talaaq’ or the English word ‘divorce’. There is no difference.

Mufti Siraj Desai

Maid Stealing

Q: My sister who recently passed away had a Muslim maid from overseas who used to look after her. After her death the maid stole some stuff from our's and my sister's house. It is now her time to go back to her country. We saw the stuff in her luggage without her noticing and if we ask her for it she will cry or fight back. So can we take out all our belongings without informing her?

A. If you are absolutely certain that she stole those particular items and you can positively identify the items that were stolen, you may take them back without informing her.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

Divorce Sceanario

Q: I warned my wife by saying "If you go to your brother's home, you are divorced". I said this statements 5 times. Now, despite my warning my wife went to her brother's home. Can you please tell me if any Talaaq (divorce) took place or not and how many?

A: The statement “If you go to your brother’s home, you are divorced” is called a suspended Talaaq. If the condition mentioned in such a statement is found then Talaaq will occur. In this case, if the wife went to her brother’s home, one Talaaq-e-Raj’ee will fall. The fact that he repeated this statement several times does not mean that more than one Talaaq will take place. The purpose of him repeating this was to emphasize his point that he did not want her to go to her brother’s house.

Therefore, only one Raj’ee Talaaq has occurred. The husband can take his wife back during the Iddat without a new Nikah. If the Iddat is over, they can marry each other again by making a new Nikah.

And Allah knows best

Mufti Siraj Desai

Hadith on Talking During Athan

Q: I have been sent an email which quotes a hadith:

The holy Prophet Mohammad (SalallaAllahu Alehi Wasallam) said, stop doing everything during the Azan even reading the Quran, (and repeat the Azaan with the Moazzin.) The person who talks during the Azaan will not be able to say the Kalma-e-shahadat on his/her death bed.

Is this correct?

A. The narration stating that one who speaks during the Adhaan will not be able to recite the Kalimah at the time of death is a fabrication, as mentioned in Kashful-Khifaa and San’aani.

However, in spite of the narration being a fabrication, it is still necessary and highly emphasized that one should stop all work and listen to the Adhaan as well as reply to its wordings.

It is highly disrespectful and bad to continue speaking worldly matters while the Adhaan is in progress. It is among the important etiquette of Adhaan to maintain silence while it is being called out, to answer its wordings and to recite the Durood and Du'aa after Adhaan.

A Hadeeth mentions that the intercession of Rasulullah (Sallallaahu Alayhi wa Sallam) becomes compulsory for the person who recites the Du'aa after Adhaan. (Mishkaat V1 P146).

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai