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

Qurbani for a New Born Child

Q: If we do Qurbani for our newborn baby, do we get reward?

A: There is no qurbani for a new born baby. Instead the Shariah has ordained aqeeqa for a new born baby. This is mentioned in hadith and The Rasool (sallallahu alayhi wasallam) made aqeeqa for his grandsons. Hence, aqeeqa will be more rewarding and it also serves as a means of protection for the child.

Qurbani for a Deceased

Q: Is qurbani allowed on behalf of a deceased person?

A: One is allowed to make Qurbani for a deceased. This is substantiated from the books of Hadeeth and Fiqh.
Rasulullah (Sallallaahu Alayhi wa Sallam) requested Sayyidina Ali (Radhiyallaahu Anhu) to offer Qurbani on his behalf after his demise, as mentioned in Tirmidhi (V.4, p.84), and Abu Dawood (v.3 p.50.).
It is stated in the Fiqh work Raddul Muhtaar (v. 6, p. 404) of Allaamah Ibn Aabideen that a man is allowed to convey the rewards of his good deeds such as prayers, fasting, charity, hajj, etc. to another.
In Hidaayah, a renowned Hanafi Fiqh book, it is clearly stated that when one offers charity the intention of reward should include all believing men and women.
This is the belief of the Ahlus-Sunnah wal Jamaa'ah.

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

Muslim Woman Marrying a Christian Man

Q: Is it allowed in Islam for a Muslim woman to marry a Christian man or one who has converted to Islam?

A: It is not permissible for a Muslim lady to marry a Christian man, unless he converts to Islam. It is reported by Imam Abu Dawood that Abdullah bin Abbas (radhiyallahu anhu), who had divinely been appointed as the Chief of Commentators of the Quran, said: "As regards the verse: 'And do not marry polytheistic women (mushrikaat)', marriage to women of the Ahle-Kitaab have been excluded therefrom, for such women are halaal for Muslim men. However, Muslim females have been prohibited from marrying their (Ahl-e-Kitab) men. The same fatwa has been narrated from Imam Hazan and Imam Mujahid, and it is the view of Hanafi and Shaafi'ee Scholars. (Tafseerul Aaloosi v.2 p.216)

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

Eating Shark Meat

Q: Is it permissible for us to eat shark meat?

A: Shark falls under the category of fish, hence it is halaal. The hadith mentioned that among sea cretures, only fish is halaal. Therefore, any creature of the sea that belongs to the cateogry of fish, will be halaal for consumption.

Hajj and Menstruation

Q: Can a lady performe haj during menstruation?

A: All the acts of Hajj can be performed during menstruation, i.e. Wuqoof at Arafah, Muzdalifah, stoning, etc., except the Tawaaf. Tawaaf, be it Ziyarat or Widaa', may not be performed in the state of menstruation. The woman will have to wait till she is clean before performing the tawaaf.
Tawaaf and entering a Masjid in the condition of menstruation is not permissible.

Divorced Lady and Qurbani

Q: Is it incumbant upon a single (divorced) female to perform qurbani?

A: If qurbani is wajib (obligatory) upon this dirvorcee then she will be have to do it. Qurbani becomes wajib if one has extra money that is equal to the nisab of zakaat, or one has any item such as furniture, equipment, machinery, etc. that is not in daily use and has a value of the nisab. Find out the exact value of nisaab from your local Imam or Aalim.