Child Inheriting from Father

Q: Nikha was performed on 9th April and child born on 25th Oct same year. Does child inherit in will of dad?

A: The period from time of nikah to the birth of the child is more than six months, so yes, the child is legitimate and will inherit from both parents. Shariah rules that any child born within six months or more from the date of nikah is legitimate. (Raddul Muhtaar etc.)

Avoiding Paying a Traffic Fine

Q: Is it a sin to avoid paying a traffic offence fine seeing that one has not taken money from anyone ?

A: Imposing a monetary fine or compensation on anyone for an offence is not allowed in Islam. During his Hajj The Messenger of Allah (sallallahu alayhi wasallam) made this declaration: PAY HEED! THE WEALTH OF A MAN IS NOT LAWFUL EXCEPT WITH HIS HEART'S CONSENT. (Musnad of Imam Ahmad) In Shariah certain crimes are punishable through imprisonment or physical punishment, but never through taxation or usurpation of wealth. No one, not even the Muslim ruler, has the right to take away the wealth of anyone against his will. Therefore, to avoid paying a traffic fine is not a sin in Islam.
However, if in so doing one fears the embarassment of being arrested, prosection, and jail sentence, or the possibility of having to pay more than the original fine then it is necessary to pay the original fine. This is based on two Shar'ee principles: a) The hadith teaches that one should not deliberately subject oneself to disgrace (Tirmizhi), which is what the above may entail. b) If one is faced with two evils, one should adopt the lesser of the two. In this case, paying the fine is certainly the lesser of the two evils. To avoid disgrace and /or a greater evil, the trafic fine should be paid. If one shuns payment of the fine and ends up in greater difficulty such as arrest and imprisonment, then such a person is sinful.
This answer should not be construed as a condonation of breaking traffic rules and speeding that engangers the lives of others. Islam also teaches rules of public safety and road use. Driving recklessly and so fast that other road users are threatened with injury or death is a sin in Islam. In an Islamic State such crimes will not be punished through monetary fines. Instead, the offender may face imprisonment. I am sure that should this be implemented in our country, few people would dare break traffic laws, for in most cases people do not find it so difficult to part with a few rands than to sit in jail.

Reading Qur'aan without Headcovering

Q: Can a person read Quran without a cap? What is the ruling for men and women?

A: The Ulema have mentioned that among the aadaab or ettiquette of Quran recitation one is to cover the head. So though it is permissible to read Quran with the head open, it is makrooh (disapproved) because this is contrary to respect.
For a woman it is not permissible to recite Quran with the head and hair uncovered. This law will be stricter in the case of woman, as is the case in salah. A man's salaah is makrooh but valid if he does not wear a cap (topi). However, the woman's salaah is not valid at all if she performs salaah without head and hair covered. The same principle will apply to Quran reading.

Supporting Answers with Proofs

Q: It is good to answer the question with the support of clear proof for Qur'an or Sunnah or both.

A: Jazakallah for your email. However, I am not sure if your statement above is a question or whether are you merely offering advice. In either case, let me explain this issue.
Not every question can be answered with clear proof from Quran or Sunnah, because not every proof is clear to the layman. While Ulema and learned Scholars will understand Shar'ee proof quite easily, some proof may not be understood by the layman at all. The Laws of Islam are established from Quran, Sunnah, Ijmaa, and QIyaas. These four principles or Usool of Fiqh, which are accepted by all Imams, are the sources from where the Laws of Shariah are derived. The ordinary man who has not studied these principles will find most of the proofs unclear and indecisive. These are technical terms and definitions which can only be understood by detailed study of Islam.
Furthermore, thousands of laws of Islam are not established directly from Quran and Hadith, especially laws related to the modern-day transactions and inventions. People ask questions mainly for the answers and to obtain practical guidance on Islamic matters. Few are interested in proofs. By furnishing a daleel or proof for every answer, the ordinary questioner will be confused. If Ulema need proofs they may submit a separate question to the one who answers the questions.
I can show you hundreds of fatwas of the Sahaaba wherein they answered questions without providing proof at all for their fatwas, nor did the questioner ask for any proof. There are many examples of this in Bukhari Shareef and other hadith kitabs.

Tawaaful-wida and Menstruation

Q: What happens in the case where a women going for Haj is unable to perform her tawaaful-wida because of her menstruation? Can she perform her tawaaful-wida immediately after the 5 days of Haj because she is aware of when her menstruating period starts?

A: The tawaaful-wida’ may be done after the 5 days of Hajj provided the woman is leaving for home within a day or two. She should try her best to delay her departure in order to complete this tawaaf. However, if this will cause inconvenience then she is also allowed to leave out the tawaaful-widaa entirely.

Hajj and Menstruation

Q: What happens when a woman going for Haj starts menstruating on the 2 or 3rd day of Zhul-Hijja and is unable to perform her tawaaf-e-ziyaarat? What if she is unable to perform tawaaf-e-ziyaarat at all that year because of her menstruation? When her menstruation period is over she will already be back in South Africa. What does she have to do then?

A: If it is possible for this woman to delay her departure from Makka till she becomes clean then this should be done. However, if she cannot delay her departure, or her haidh stretches for 9 to 10 days then she must be instructed to make the tawaaf in that impure state and give one camel as a dum. This dum may be given at any time but must be slaughtered and distributed in the Haram of Makka.

Qurbani Meat and Fidya

Q: 1) Is it possible to give fidyah for missed fasts by taking a share in a qurbani that will be done for the poor. Say for example, I owe R240 fidyah, but a share costs R100. So if I give 3 shares, it will amount to R300. In so doing my intention is that the meat of these three shares, which will be given to the poor, is on behalf of my fidya. Is this correct?
2) Is it necessary to keep a third of the Qurbani meat?
3) Can Qurbani meat be given to poor non-Muslims?

A: 1) It is not permissible to pay your fidya in this manner. The avenue of Qurbani is entirely different to fidya, therefore, fidya must be paid separately.
2) It is not necessary to keep a third of your Qurbani. One may give all the meat to the poor or to friends, or even keep all the meat for oneself. However, it is meritorious and preferable to divide the Qurbani meat into three parts: one for yourself, one for friends and family, and the third for the poor. 3) It is permissible to give Qurbani meat to poor non-Muslims.

Remarrying and Number of Divorces

Q: A man divorced his wife once and then separated from her. After 3 years the couple remarried, but in the interim this woman had been married to another person and got divorced from him. When she comes back to the first husband, does he have two talaaq left or are the three talaaq reinstated?

A: In this case the first husband has two talaaq left. The interim marriage had no effect on the number of talaaq.

Bovine (Beef) Gelatine

Q: What is the ruling on bovine (beef) gelatine?

A: Beef gelatine or bovine gelatine is not halaal because it is manufactured from animals that were not slaughtered by Muslims. If it can be ascertained with certainty that the animals from whose skin this gelatine was manufactured were slaughtered by Muslims then it will be permissible to consume such gelatine.

Masah on Nylon Socks

Q: Is it permissible for a person to make masah on nylon socks?

A: Masah on nylon socks is not permissible. The socks which the Sahaaba made masah on were so strong that they were able to walk in those socks without wearing shoes and it never tore until after some time. Today’s ordinary socks do not fall under this category.

Working for a Brewery

Q: Is it permissible to work for SA Breweries as an Admin Clerk or Accountant in their offices?

A: It is not permissible to do any work for a company that manufactures and/or sells liquor. If one is already in such an employ, he or she should look out for an alternate employment as a matter of urgency. Once another job is found one should immediately resign, regardless of the perks or payouts that may be lost, and notwithstanding a drop in salary and income. Allah puts people to test in this world. When they pass the test, He then opens up His Doors of Mercy and Rizq upon them. In earning a halaal income, one is assured of blessings all the time. Working for a Brewery is living constantly under the curse of Allah, which was sounded for people involved in wine and wine making.

Dyeing Eyebrows

Q: Are women allowed to dye their eyebrows brown? If not, could you please explain why?

A: Dying the eyebrows is an alteration to the natural creation of Allah. It is not a natural thing. In verse 119 of Surah 4, Allah tells us of the promise Shaytaan made to persuade mankind to change and alter the natural creation of Allah. Under this verse the hadith mentions practices such as shaving or trimming the eyebrows, using false hair, filing the front teeth just for enhancement of looks, dying the hair different colours, etc. We can thus realize that dying the eyebrows also comes under this category, and therefore, cannot be allowed. Furthermore, this is certainly a practice that came from the western style of fashion, and we are not allowed to imitate the kuffar in fashion and dressing.

Women and Work

Q: My wife has been offered a job. Can she accept it?

A: According to Shariah a woman only works when she has no means of income and maintenance. It is a case of necessity. If you as the husband are earning, there is no need for her to work. So I advise that she does not take the job.

Water Birth

Q: Can birth be given in water?

A: Birth in water is permissible, since doctors consider this to be effective in decreasing pain in labour. There is nothing in Shariah to suggest that this is wrong.