Father Teaching Son to Shave Pubic Area

Q: I am father. My son is 14 years old and has to shave his pubic area. Can I do it for him once in order to advice him?

A: The father cannot shave the pubic hair of his son since this entails exposure of the satar or private areas. The boy should do it himself. The father can advise him what to do and how to do it, but cannot physically show him. This is haraam.

Was salaam
Mufti Siraj Desai

Dyeing Grey Hair for Husband

Q: I am a woman. Is it haram (prohibited) to dye grey hair to add to my beauty for my hus band to see?

A: It is permissible to dye the hair for the sake of your husband but not black. as this is forbidden by the Hadith of Our Rasool (sallallahu alayhi wasallam). Also, do not use dye which contains Haraam ingredients.

Mufti Siraj Desai

Wife Leaving Islam

Q: My wife accepted Islam because I asked her, now she doesn't want to be Muslim. Do I leave her?

A: If she has already left Islam, get some learned people to speak to her to remove her doubts and convince her about Islam. If she agrees to come back into the fold of Islam, renew your Nikah with her. During this period of trying to persuade her to come back into the fold, sexual relations and intimacy (kissing, etc) are not permissible. If she refuses to return to Islam then you will have to leave her. You cannot be married to her as long as she remains out of the Deen of Islam.

Prepared by: Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai

Husband Sucking Wife's Breasts and Drinking Breast Milk

Q: Can a husband suck the milk of his wife's breast and does it effect the Nikkah (marriage)?

A: If the husband sucks the wife's breasts and drinks the breast-milk, the Nikah is not affected in any way. The wife does not become haraam upon the husband. However, even though the nikah remains intact, it is not permissible to drink the wife's breast-milk. (Qaadhi Khan and Fataawa Rahimiyyah v.2 p.112)

Prepared by: Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai

Identifying Dead Female as Muslim or not

Q: If a dead body of a female is found, how we can recognise that she was a Muslim or a non Muslim?

A: If one is aware that Muslim women in the area use mehndi. or dress in a certain way, or apply a certain makeup peculiar to Muslims then this could be used as signs to determine the religion of the deceased female. Other that this, there is no way to ascertain from her body whether she is Muslim or not.
In that case you need to do the following:
a) Check for identification on her.
b) Ask people in the area where her body was found. Perhaps someone will know her.
c) Find out from the police and the 'Missing Persons Bureau' if someone with her description has been reported missing.
In the absence of proper identification from the above sources, one should use discretion. If the heart strongly feels that the deceased is a Muslim then give her an Islamic burial. If not, then wrap the body in one or two pieces of cloth, dig a hole and bury it. There will be no duas, janaaza salaah, etc.

Prepared by:
Moulana Yusuf Laher
Checked and Ratified by:
Mufti Siraj Desai

Females Removing Hair and Nails Before Qurbani

Q: Is it permissable for females to remove hair and cut nails in the 10 days before slaughtering Qurbani (Udhiyyah)?

A: It is permissible for males and females to remove hair during this period. There is no sin in doing so. However, there is reward for leaving the nails and hari till after Qurbani.

Mufti Siraj Desai

Takafol

Q: Can one take out insurance with the company called Takafol South Africa (Pty) Ltd?

A: Takafol Souht Africa is certified and overseen by senior Muftis and local Ulema. So to take out Islamic insurance with Takafol will be permitted.

Leaving Home During Iddat When Life is in Danger

Q: Can a woman leave her home at time of her iddat if her life is in danger?

A: If a woman observing iddat is in real danger of losing life or limb, or she suffers from acute fear when alone, then she may leave her home and stay in a safer place. (Fataawa Hindiyyah V1 P535, Aljauharatun Nayyirah V4 P310)

Mufti Siraj Desai

Reasons for Refusing to Follow a Person in Salaah

Q: What reasons, if any, based upon which you can refuse to follow a particular person in salaah?

A: Only such a person should be appointed as Imaam whom people are pleased with. But their disapproval should be based on valid Islamic grounds, not on personal motives or unsubstantiated claims. If the Imaam falls under the category of 'faasiq', he should be replaced, but as long as he leads the congregation, people should continue to offer salaah behind him. It is better to perform Salaah behind a faasiq than performing it alone. A faasiq is one who commits a major sin openly at least twice, or commits minor sins on a continuous basis without taubah.
If a person holds a kufr belief, such as beliefs of Qadianis, Bahaais, Shias, etc. then he cannot be appointed as Imaam for salaah. In fact salaah behind him is not valid for that man is not a Muslim. The only valid reason for refusing to perform salaah behind an Imaam is if he maintains views and beliefs that are clear-cut kufr (disbelief, apostasy).
And Allah Knows Best

Mufti Siraj Desai

Proofs for Taqleed (Following) a Math-hab

Q: Is it necessary to follow any one the Madhabs? If yes, what are the authenticated Hadheeth proofs?

A: Taqleed of one Alim or Imam can be proven from The Quran-e-Kareem, Ahadeeth of Rasoolullah (sallallahu alayhi wasallam), and practices of Sahaaba. We cite a few examples:

► Allah Ta'ala states in Surah Ambiyaa, verse 7: "And ask the People of the Book, if you have no knowledge" In this verse Allah Ta'ala commands those who have no knowledge of their Deen to ask those who are learned. This is exactly what taqleed is all about, the non-learned finding out from the learned.
► In Surah Luqman, Allah Ta'ala commands: "And follow the path of he who has turned to Me;" Further on in this treatise we will explain that a math-hab means a path or method of Fiqah. Indirectly, the above verse orders us to follow the 'math-hab' of people who made inaabat ilallah, i.e. turned to Allah in taqwa and good a'maal. Such virtue is not found more prominently in any besides the four great Imams of the past.
► In one hadith Rasoolullah (sallallahu alayhi wasallam) commanded: "Speak about the Quran (only) that which you know. As for that which you do not know, leave it to the Alim of the Quran." (Mishkaatul Masaabeeh) The Messenger of Allah also commanded: "And grab hold of the guidance of Ibni Mas'ud ". (Ibid) These statements are clear instructions to make taqleed of one Alim.
► When Hazrat Abdullah bin Abbas (radhiyallahu anhu) took up temporary residence in Makka, most of the Muslims there made his taqleed in all laws of Shariah, and even gave preference to his fatwas over those of other Sahaaba-e-Kiraam (radhiyallahu anhum) who were permanent residents of Makka Mukarrama. (Al-Hujjatullahil Baaligha)
► When Muslims of Madinah came to Makka for hajj and were faced with a problem regarding the hajj of a woman in her menses, they acted on the fatwa of their Mufti, Hazrat Zaid bin Thabit (radhiyallahu anhu). Meanwhile, the ruling issued by Hazrat Ibni Abbas on the same issue differed with the fatwa of Zaid bin Thaabit, yet the people of Madinah made taqleed of the latter. (Saheeh Al-Bukhari)

These few examples provide irrefutable evidence that taqleed-e-shakhsi, which is the following of one Alim or Imam, is an indispensable part of Shariah.
Ulema of the past two centuries are unanimous that taqleed of a math-hab is wajib, because without following a math-hab one cannot truly practice on one's religion.

Issued by:
Mufti Siraj Desai

Adulterer Marrying a Chaste Woman

Q: If a man who has comitted zina (adultery) repents and wishes to marry a chaste woman, is this halaal?

A: If one has repented from zinaa and wished to marry a chaste woman or a virgin, this is totally permissible; there is nothing stopping that person from doing so. The nikah will be valid and there is no sin of any sort.

Mufti Siraj Desai

Kissing and Secretions from Private Parts

Q: While husband and wife are simply kissing each other and secretions come out from the private parts, will Ghusal be necessary?

A: This depends on the type of secretion. If the secretion is mazhi, wudhu breaks but ghusl is not necessary. The area will have to be washed and the soiled clothes will either have to be changed or washed. Mazi is a sticky, colourless liquid that is discharged from the private part at the time of arousal. If the discharge was that of mani or semen then ghusl becomes necessary. Mani is a thickish fluid, the colour of which varies from whitish to yellowish, and is discharged through ejaculation or orgasm. The difference between mazhi and mani is that the former emerges gradually and without force, whilst the latter is emitted with force and all at once.

Prepared by: Moulana Yusuf Laher

Checked and Ratified by:
Mufti Siraj Desai

Is Qurbaani Once in a Lifetime

Q: If you have made qurbani before do you have to do every year?

A: Qurbani is an annual act of worship, like fasting and zakaat. It is not a once-in-a-lifetime act, as Hajj. If the conditions that make Qurbani compulsory are found in any year, Qurbani will be compulsory for that year. Making Qurbani previously does not absolve one from Qurbani in the future years.

Prepared by:
Moulana Yusuf Laher
Checked and approved by:
Mufti Siraj Desai

Law Contradicting Qur'aan

Q: If we find some law of our madhab contradicting Quran (like the way of divorce as in Hanafi madhab) should we still follow it ignoring the Quran, or should we follow the word of Allah?

A: Firstly understand that the laws of the Madhab do not contradict the Qur'aan, but are taken from the Qur'aan and Sunnah. Our lack of understanding and in-depth Deeni knowledge makes it seem as if the Madhabs contradict the Qur'aan and Sunnah. This is a false notion.
Furthermore, we are not aware of any method of Talaaq in the Hanafi Madhab that contradicts the Qur'aan. Please elaborate.

Prepared by: Moulana Yusuf Laher
Checked and ratified by:
Mufti Siraj Desai