Counting Zikr with Fingers

Q: Can you please explain the sunnat method of doing zikr with the fingers with proof?

A: It is sunnat to count the tasbeehaat on one’s fingers while making thikr, whether this is done after salaah or at any other time. Hazrat Abdullah bin Amar (radhiyallahu anhu) says that he saw The Messenger of Allah (sallallahu alayhi wasallam) counting the tasbeehaat on his fingers. This hadith is mentioned in Mustadrak of Haakim, Abu Dawood, and Saheeh ibni Hibbaan.

Mufti Siraj Desai

Multiple Umrahs Before Hajj

Q: I will be traveling for Hajj with my husband. Can I perform multiple umrahs by myself if my husband does not wish to do multiple umrahs?

A: You are allowed to do multiple Umras before Hajj; this is totally permissible. People living in Makka normally go to Tan'eem and do the Umra from there. However, it is better to have a mehram or your husband with you when you do the Umra.

And Allah knows best

Mufti Siraj Desai

Qurbani for Wife

Q: Can a husband do Qurbani on Eid ul adha fo his wife? She has enough money to to do Qurbani herself.

A: The husband does not have to do qurbani for his wife. If she has her own money then she should do her own qurbani. But if she asks the husband do it for her, this is allowed and her qurbani will be discharged.

Mufti Siraj Desai

Difference Between Qurbani and Aqeeqa

Q: What is the difference between Qurbaani and aqeeqa? If I made qurbaani for my son, can I make aqeeqa?

A: Qurbaani is the animal slaughtered at the time of Bakri Eid (Eidul Adha). Aqeeqa is the animal slaughtered for a new born baby. This is done on the 7th day after birth. Two animals are cut for a boy and one for a girl.

Qurbani is not waajib (compulsory) on behalf of children, only for one’s own self. The types of animals are the same for Aqeeqa as for Qurbani.

Qurbani is done once every year, whereas Aqeeqa is done only when a child is born.If you made Qurbani for your son, you still have to make Aqeeqa for him if you had not made the Aqeeqa when the boy was born.

And Allah Knows Best

Mufti Siraj Desai

Staying Away from Wife

Q: Biwi se kitne mahine dur reh sakte shariah ke mutabhikh?

Translation: How many months can a husband stay away from his wife in light of the Shariah?

A: Chaar mahina se zaaid bibi se dur rehna jaaiz nahi lekin is se talaaq bilkul waaq' nahi hota he.

Translation: It is not permissible to stay away from one's wife for more than four months. Nevertheless, no Talaaq will take place if the husband stayed away from his wife for more than four months.

Mufti Siraj Desai

Dua of the Angels

Q: Is there a du'a which if one reads, an angel makes du'a for the reader until the person dies?

A: I have not come across any such dua. But reading aayatul kursi in the morning, followed by the first 3 verses of Surah Ghaafir (Sura 40, in 24 Juz) will earn one the duas of 70,000 angels till nightfall, and if read during the evening, the angels make dua till morning. And Allah knows best

Mufti Siraj Desai

Secular Sciences

Q: Do the secular sciences: Physics, Chemistry, Biology, Astronomy, Medicine, etc count as 'ilm la yanfa` (knowledge that does not benefit)?

A: Knowledge that does not benefit, as it appears in the hadith, refers to Deeni knowledge that one does not practice upon. The benefit of Islamic knowledge is that one should become pious and God-fearing by practicing on such knowledge. When a learned person fails to practice on his Islamic knowledge, it means that his Ilm has not benefited him. The nafa’ or benefit is, therefore, the ability to practice on whatever one has learnt about Islam and thereby come closer to Allah Ta’ala and earn His Special Favour.

This has absolutely nothing to do with secular or scientific knowledge, because such branches of learning are not termed ilm or ‘knowledge’ in Shariah. Secular learning is termed science, information, subjects, skills, arts, etc. but does not fall within the definition of Ilm as defined by Quran and Hadith because such worldly knowledge does not assist a person in drawing closer to Allah. If it did, then today the scientists and secularists would be the most pious people and the most God-fearing. However, the exact opposite is true.

These secular subjects are beneficial in worldly terms, hence permissible to acquire, and sometimes necessary. One should not allow such branches of learning to become a means of spiritual or religious harm, such as corruption to one’s beliefs or indulgence in haraam worldly pursuit. When this happens commonly to people then Ulema will declare such learning to be haraam.

Mufti Siraj Desai

Profit, Loss and Shares

Q: I am in partnership with another person in a business. Last year we made a loss of R20,000. This year we showed a profit of R20,000. My partner says that he wants his share of the R20,000. According to accounting policy the loss last year cancels the profit, thus none of us get a share. Please explain the Islamic ruling.

A: The Islamic ruling is the same. The amount invested in the business is the capital. The capital will be recuperated first. (Ahsanul fataawa v 6 p 398)

Moulana Naziem Moosagie

Checked and approved by: Mufti Siraj Desai

Studying Tax Law and Calculating Interest on Loans

A: I am student of tax law. I had spoken to ulema about this and they said that tax is one of the fields in law which is Halaal. In my course we have to deal with aspects such as companies taking loans and want to know whether the interest they pay is deductable or not. In practice would me making such determinations be halaal or haram?

A: Studying tax laws or matters related to interest is permissible. Likewise working out the calculations of interest on loans, or the system of charging interest on loans, etc is not haraam. The sin is to actually do these wrongs such as earning interest or witnessing a transaction of interest. However, if a particular study will eventually lead to working in a company that indulges in interest, or working in a department that authorises interest based loans, then it will not be permissible to pursue such a degree. The permissibility we mentioned above applies to studies wherein part of the course is to learn interest-related matters and accounting. So Muslim students need to explain the Ulema the exact nature of the course they are pursuing, as well as the outcome of such studies in relation to work and jobs.

Mufti Siraj Desai

Inheritance and Extending a Property

Q: When a father have passed away and the son has extended onto the father's property with the son's money and lived on the extended property, does the son have a claim from the inheritance for the portion he extended onto the property? The Will only reads that inheritance is according to shariah.

A: Since the son did the extension with his own money he will own the building wheras the land will belong to all the heirs. He will have to pay them the value of their shares in the land. You need to evaluate the current cost of the extension, then deduct this amount from the value of the entire property including the land. The result will be the sum that has to be divided among the heirs.

Written by Moulana Naziem Moosagie

Checked by: Mufti Siraj Desai

Sale of Condoms and Cigarettes

Q: Is it permissable to sell condoms and cigarettes?

A: It is not permissible to sell an item to someone who you know will use it for a haraam purpose. (Raddul-Muhtaar) The western kuffar have created this concept of “safe-sex”, meaning that people may indulge in zina as long as they use a condom to protect the woman from falling pregnant. On this basis, it will not be permissible to sell condoms to people who one knows are buying them for zinaa indulgence. The best is not to sell them at all, because one will never know whether a man purchases them for zinaa or for sexual relations with the wife, on the assumption he is married. As regards cigarettes, indeed smoking them is makrooh, and likewise the sale of cigarettes. You are allowed to use the money, for the income is not haraam.

And Allah Knows Best

Mufti Siraj Desai

Reciting 40 Durood in a Gathering

Q: What is the position of reciting 40 Durood in a gathering? Should a person recite it individually? Is there a Hadith that supports the fact that the Sahaaba and those after them recited Durood in their gatherings?

A: It is permissible to read durood in a gathering, as it is permissible to make thikr in a gathering. It is reported that the Messenger of Allah (sallallahu alayhi wasallam) said: “Beautify your gatherings with salaat upon me”. And Hazrat Ayesha (radhiyallahu anha) once told people: “Adorn your gatherings with salaat upon the Messenger.” These statements are recorded in the book Al-Maqaasidul-Hasanah. In a sound hadith narrated by Imam Bazzar RA it is stated: “Verily Allah has angels who travel around the earth seeking the halqas (circles) of thikr. When they arrive at such gatherings these angels surround them, then they send a report back to Allah The Most Exalted, Lord of Honour, stating: ‘O Our Lord! We came across a group of your servants who were honouring Your Favours, reciting Your Book, and sending salutations upon Your Rasool Muhammad…. Allah then commands: “Envelope them with mercy”. The angels then petition Allah: ‘O Our Rabb! Among them is a certain sinner who only joined them at the end of the gathering; (what about him)? Allah, The Almighty replies: “Envelope him also with My Mercy, for they are such people that whoever joins them will never become wretched.” (Al-Qowlul-Badee’ p.117)

From the above narrations we learn that to read durood in a gathering is a virtuous act that is loved by Allah Ta’ala and was encouraged by Our Rasool (sallallahu alayhi wasallam) and his Sahaaba. The forty durood are taken from authentic books of hadith. Therefore, if people read these durood or any other durood in a gathering it is not only permissible but very rewarding and highly encouraged, especially in this day and age when people seldom engage in the thikr of Allah. However, one should not regard this as compulsory and should not condemn those who do not join.

Language of Pre-Khutbah Lecture on Friday

Q: In our Musjid in South Africa, majority of the congregation are from India with some locals as well as Somalis and Pakistanis. In light of the Shariah who must give the pre-Khutbah lecture on Juma as most of the brothers from India don't understand English properly while the locals and Somali brothers don't understand Urdu?

A: The lecture must be given in the language that the majority of people understand. This was the practice in the time of the Sahaaba, as is mentioned in the books of history. As for those who don’t understand, the Imam should appoint someone to give a 5 or 10 minute translation, either before or after Juma, depending on what is convenient for them.

Zakaat on Money Owed

Q: I sold my house to family member for £50,000, half in cash and half to pay in instalments over 5 years so I am owed the outstanding amount of £25,000. Do I have to pay zakat on the amount that is owed to me as I haven't received the remaining 25,000 cash yet? They are paying me 5,000 every year.

A: You have to pay zakaat on the outstanding amount also. However, you can pay the 2.5 percent on this amount from other funds in your possession or you can pay it from the instalments you receive yearly, In either case, remember that you have to pay on the balance owed to you yearly.

Moulana Naziem Moosagie

Checked by and ratified by: Mufti Siraj Desai