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