Couple Buying a House and Divorcing

Q: If a man purchases a house and his wife assists him with half the capital. He registers the house under his name and pays all the expenses. Now the marriage has broken. Is the wife entitled to the amount she originally donated or half the current value of the house?
A: If the agreement between the husband and wife was that she is advancing a loan which he will repay, then she is entitled only to the original loan, and is not a partner in the house. If the understanding was that the house will be owned jointly be the two, then she is a partner and is entitled to half the current value of the house.
The fact that the husband had registered the house on his name only, suggests that it was a loan and not a joint ownership. But it is preferable to ascertain this from the husband. In the event of a dispute between the two, the husband will get the benefit of the doubt and it will be said that the house is solely his and he owes his ex-wife the sum of money she advanced as a loan.
And Allah knows best

Water-like Discharge and Salaah

Q: Up until recently I did not know that the water-like discharge that a woman experiences is napaak, and so all the salaahs that I read were performed without making istinja first. However I always make a fresh wudhu. Do I need to repeat all the salaahs?

A: In the above case you need not repeat any of the past salawaat. However, a discharge that covers an area of MORE THAN 14 cm in circumference (approximately the hollow of your palm) will render the clothing impure, which in turn renders salah in such clothes as null and void. If you are certain that your discharge was so much then you need to repeat all salah read in that state, as far as you can remember. Allah will forgive and overlook what you cannot recall. But if your discharge was sometimes more, sometimes less, then don’t worry to repeat any salah. Allah Ta’ala will accept all your salah, insha Allah.

Are 40 Makrooh Equal to One Haraam

Q: Is it true that 40 makrooh equal one haraam?

A: There is no teaching or law in Shariah that says 40 makrooh equal to one haraam. This is false. Yes, the Shariah says that when one commits a minor sin at least three times without making taubah, then that minor sin becomes a major sin.

Carp Fish and Prawns

Q: Is carp halaal? What about prawns?

A: Carp is a fish and is, therefore, totally halaal. Prawns are not halaal in the Hanafi math-hab because this is not a fish. In the Hanafi math-hab, only fish among seafood is halaal.

Woman in Hijab Speaking to Strange Men

Q: If a woman is in pardah (wearing a niqab) is it permissible for her to converse freely with a non mehram male?

A: Wearing a niqaab is one aspect of pardah. Conversing with males is another. In this, too, there is fitnah, and experience has shown that today even women behind veils commit zina or get involved with men. Pardah is a whole concept that demands total segregation from men barring cases of necessity. Our sisters should exercise special care in this regard.

Disposing of Body Parts after an Operation

Q: If I had an operation, must I bury the skin they cut off or can it be burnt with the rest of the body parts?

A: It is not permissible to burn parts of the body. These should be buried. One should try one’s best to get the hospital workers to do this.

Defect in an Item

Q: Zaid bought a device from Amar. When Zaid received it he switched it on and it gave a firmware error. (Firmware is a term sometimes used to denote the fixed, usually rather small, programs that internally control various electronic devices. Firmware is always involved with very basic low-level operations in a device, without which the device would be completely non-functional.) Zaid informed Amar of the error message but then it no longer gave the error. However, a short while later the same error occurs. Now the device is rendered totally unusable. Zaid has not yet paid for the device. What is the ruling in this matter?
Can he return it? Is Amar obliged to accept it considering that the error had recurred and was not new? If Zaid has to pay for the repair can he claim from Amar or deduct from the price?

A: The error in that device will be considered a defect in the item. The ruling for defects discovered after the sale is that the buyer can return it for a full refund, or keep it and use as is. But he cannot deduct any sum from the purchase price.
The fact that the error did not recur for a while makes no difference, as long as the initial error was pointed out to the seller. The reason for this is that modern-day electronic devices tend to malfunction at various intervals, and in this case the device has been rendered unusable. This is a valid reason for seeking a refund. Zaid may return it without owing anything. If he decides to keep it, he must pay the full price.

Wife Taking Husband's Surname

Q: Recently an article written by one Asmaa bint Shameem has been circulated wherein she claims that it is not Islamic for a wife to assume the husband’s surname when she marries. Is this view correct?

A: We have seen this email and can safely say that this view is incorrect. The writer states that Ulema have branded the practice of a wife taking her husband's surname as bid'ah, but she has not cited any references for this. In the very first instance, the use of a surname is not a practice of Islam, for in the times of Rasoolullah (sallallahu alayhi wasallam) and the Sahaaba people went by the first names of their parents, such as Abdullah bin Umar, Abdullah bin Abbas, “son of so and so” and so forth. So if the using the husband’s surname for the wife is termed a bidah because it was not done by Rasoolullah (sallallahu alayhi wasallam) or his Sahaaba, then the very practice of surnames should be abandoned, since this too, was never the practice during the early stages of Islam Then this argument will not only hold good for the husband’s surname, but even the father’s, too. However, many modern day practices and systems are allowed if these become a general trend that all Muslims adopt and do not clash with Quran and Sunnah. When a woman uses her husband’s name, it is for purpose of identification and to avoid confusion. This is not a question of attributing one’s lineage to someone other than one’s own father, for indeed this is haraam. Hence we find that the wife will go back to her maiden surname name (the name with which she was born) if she is divorced. Islam has not forbidden the use of family names when it is for purposes of identification. There are many examples in the past of even Ulema who went under the mother’s name, not the father, and of some who even adopted names of men other than their own fathers. One of the muazhins of Rasoolullah (sallallahu alayhi wasallam) was Abdullah ibni Ummi Maktoom. This means Abdullah the son of Ummi Maktoom. A man should take his father’s name, yet The Messenger of Allah did not censor this Sahaabi for using his mother’s name. Likewise, Miqdaad bin Amar was a Sahaabi whose father was Amar, yet he was always known as Miqdaad bin Aswad, even after verse 5 of Surah Ahzaab (33) was revealed wherein Allah Ta’ala commands that people should be called by their fathers’ names. Another example is that of Saalim, the freed slave of Abu Huzhaifa. For all his life he went under the name of Saalim Maula Abu Huzhaifa (Saalim the freed slave of Abu Huzhaifa). Imam Al Qurtubi writes under verse 5 of Surah Ahzaab that there are many examples among the Sahaaba as well as those who came later, of people who took names other than their fathers’ during their lifetimes. He goes on to mention that this is not contrary to the hadith in Bukhari which prohibits a man from adopting the lineage of someone other than his father, for two reasons: a) the purpose is not to mislead people, rather for purposes of identification, and b) this is allowed when the real father of that person is known. The purpose of the wife taking her husband’s name is for a common identity. She is not doing this to mislead others, nor is her parentage unknown among the community. Since this is a trend among societies, it would look odd and may even draw insensitive remarks from people when the wife introduces herself with a surname that is different to that of her husband. In summary, it is permissible for the wife to take on the husband’s surname after marriage. And Allah Knows Best

Fear of Kufr (Disbelief) and Suicide

Q: If one fears kufr for oneself, will it be permissible to commit suicide so that one can die with iemaan?

A: No one can determine how he or she will die. This is entirely up to Allah. For this reason it is futile to even think of suicide. Furthermore, the danger in this stupid notion is that one might regard suicide as lawful, a belief that in itself renders one outside the fold of Islam. As for the fear of kufr, this is just a deception of shaytaan. There is nothing to worry about in this regard. Make the thikr of the Kalimah daily, and Insha Allah, your iemaan will remain till the end. May Allah Ta’ala protect the iemaan of all Muslims, aameen.

Islamic Radio Stations

Q : Nowadays there are a number of Islamic radio stations and satellite channels. What is the ruling in Islam of listening to these broadcasts?

A: Radio has to be understood on the following principle: ‘Its good is good and its bad is bad’. In other words, it has good and it has bad. The good comprises Deeni programs from qualified Ulema, news on Muslims around the world, investigative journalism on issues affecting the Muslim World, announcements that are important to the general public, etc. The evil side of radio is in the form of programs that are un-Islamic or that have un-Islamic content, promotion of views or beliefs that are contrary to Quran and Sunnah, violation of hijaab, etc. The ruling for all this is that the good may be listened to, but the evil must be shunned. Such a choice is up to the user or listener of the Radio.

Names of Surah Faatiha

Q: Please tell us what are the twelve names of Surah Faatiha?

A: Imam Qurtubi (RA) has mentioned these names in his commentary on Surah Faatiha. We enlist the names with their meanings:

1. Suratul-Hamd: The Surah of Praise
2. Faatihatul-Kitaab: The Opening of the Book.
3. Ummul-Kitaab: The Mother of The Book.
4. Ummul-Quran: The Mother of The Quran.
5. Al-Mathaani: The Oft repeated verses.
6. Al-Quranul-Azheem: The Majestic Quran
7. As-Shifaa: The Cure
8. Ar-Ruqya: The Talisman
9. Asaas: The Foundation.
10. Al-Kaafiyah: The Sufficient
11. Al-Waafiyah: The Faithful
12. As-salaah: The Prayer.

Sharing in a Qurbani Sheep

Q: My mum passed away. Can my brother and I do qurbani for her but buy the sheep half and half?

A: Two people may not share in one sheep. This is not valid. A sheep can only be sacrificed by one person. In order for you to make this qurbani on behalf of your mother both of you should purchase the animal. Thereafter, one of you makes the other the full owner of the sheep. The other person will then offer the Nafl Qurbani and makes the Niyyah that the Thawaab of this Nafl Qurbani should go to your mother. In this manner, you too, will be rewarded for giving your share to your brother.

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

Ghusl for Salaah (Prayer)

Q: I heard that one needs to be pure for Salaah (prayer). Do I need to have Ghusl (ritual full-body bath) to perform it or is Wudhu alone sufficient?

A: For salaah one needs to have wudhu. However, if one was na-paak (impure) then a ghusl is necessary. A man becomes na-paak if he had a discharge of of semen (sperm). In this case, in order to become clean or paak, he must have a complete bath (ghusl). Only then can he offer his salaah.

Time to Leave Arafaat after Wuqoof

Q: Wuqoof-i-arafaat is from zawaal of 9th to sunrise 10th Zul Hijjah. If staying after sunset how long can I stay?

A: One should leave immediately after sunset, or a little while thereafter. To stay longer at Arafah without a valid reason is contrary to the Sunnah. (Muallimul-Hujjaj)

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