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Monday, June 8, 2009

Sleepin in Aziziyah and not in Mina

Q: Can I sleep in my hotel in Aziziyyah instead of Mina? Is Aziziyyah part of Mina?

A:
It is Sunnah to spend the nights in Mina during Haj. Aziziyah is not part of Mina. By spending the nights in Aziziyah, this Sunnah will be neglected.

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

Sin of Masturbation

Q: Is masturbation haraam?

A: Yes, masturbation is a Haraam act. Sayyidina Ataa' was asked regarding this. He said that a group of people will be resurrected on Qiyaamah and their hands will be pregnant. It will be these people who had been doing this and did not repent. Their fault will be witnessed by everyone on Qiyaamah.

Sayyidina Sa'eed ibni Jubayr says that Allah will punish those people who play with their private parts.

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

Paying Zakaat on a Monthly Basis

Q: I have a monthly debit order going off for zakah to SANZAF. Is this within the laws of giving zakah?

A: Paying zakaat on a monthly basis via debit order is permissible and zakaat paid thus is valid.

Mufti Siraj Desai

Missing Two Rakaats Salaah

Q: We entered the masjid for Isha namaaz. We unfortunately missed 2 rakaats and therefore joined in the third. The Imaam then incorrectly performed 5 rakaats, and the Musalis decided to remake the Isha namaaz. Were we to complete just one rakaat, as we performed 3 behind he Imaam or should we make salaam after 1 rakaat and re-join the Jamaat?

Also, is it correct in saying that if you join the Jumuah salaah after Ruku in the second rakaat, then you have to perform 4 rakaats?

A: (a) You should make Salaam after one Rakaat and re-join the Jamaat.
(b) If you join the Jumu'ah Salaah after Ruku in the second Rakaat, you have to perform two Rakaats and not four.

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

Muslim Women Holding Leadership Positions in a Company

Q: Can Muslim women hold leadership positions in a Muslim company?

A:
It is permissible for women to hold positions of leadership in a company on condition that such a function does not lead her to discarding the laws of hijaab and pardah. This means that she cannot interact directly with men, she cannot sit in on meetings in the same room, nor can she move around in male circles, as normally executives do. If the above occurs then she will be compelled to withdraw from the position she holds. It will then be no longer permissible for her to retain such a post. The rules of hijaab are compulsory, as mentioned in the Holy Quran and Hadith. It is a maxim in Islamic Law that any action that leads to the abandonment of an Islamic injunction will be considered unlawful.

Mufti Siraj Desai

Non-Muslim Senior Executive Employees

Q: Is it advisable to have non-Muslim senior executive employees who are involved in the decision making of the company and if not why?
A: It is not advisable to appoint non-Muslim personal to senior positions in a Muslim company, or to position that requires a high level of trustworthiness. This is because of the command of Allah Ta’ala in Surah Aala-Imran: O Believers! Do not take bosom friends from among others (i.e. other faiths).. (Sura 3, verse 118) This command was revealed in relation to the Jews and Christians of former times. However, the general rule derived from this verse still applies today. Whilst we do not say such appointment is totally haraam, but in the light of this verse, it is certainly discouraged. (Tafseer of Qurtubi, Aloosi and others)

Percentage of Muslim Employees

Q: For a Muslim business, what would be the recommended percentage of non-Muslim and Muslim employees and does having more Muslim employees in any way help in increasing the Barakah (blessing) of the business even accounting for the Muslim employee/s indulging in sin?
A: In terms of Shariah, there is no recommended or mandatory number of non-Muslim employees a Muslim employer may engage. The Shariah has not prohibited the employing of non-Muslims in a business enterprise. Likewise, merely having non-Muslims in one’s business does not prevent or affect the barakah or blessings of a business. Barakah actually comes through the actions and practices of the employer, because workers only carry out the instructions of the boss. The same can be said of Muslim workers. If the employer instructs the workers to adopt wrong practices and activities in the business, such as cheating people, or not fulfilling rights of clients, or ill-treating customers, then the employer himself is guilty of destroying the blessings of his earnings. However, should the workers, both Muslim and non Muslim indulge in haraam activities while at work, such as flirting with female co-workers, or similar immoral, sexual behaviour, or consuming liquor, etc. then it is the duty of the employer to stop these evils or dismiss the guilty parties. Similarly, Muslim workers who neglect their salaah should also be taken to task for such neglect. Failure by the boss to stop such wrongdoings will certainly result in loss of barakaat and blessings. The Jurists of Islam have written that fathers who hire women to breast-feed their babies, should seek out women with good morals, so that the goodness of such women can be transferred to the child. In short, non-Muslim employees who do not indulge in immorality or un-Islamic activity while working will not ward off the blessings in a Muslim business. During the times of Rasoolullah (sallallahu alayhi wasallam) and his illustrious Sahaaba (radhiyallahu anhum) Muslims employed non-Muslims and were employed by them. There is, therefore, no restriction. The Messenger of Allah (sallallahu alayhi wasallam) even used confederate Jews to fight in the Battle of Khaybar, but they were subservient to the Muslim army, being used as foot-soldiers. They were not made commanders over other Muslims.

Zakaat on Provident Fund

Q: Does one have to pay Zakkah on your provident fund? If so how will one calculate this amount?

A:
There is no Zakaat on a provident fund, for this money only becomes the property of someone when it is paid out. Prior to that it remains the property of the company for which one works.
And Allah Knows Best.

Mufti Siraj Desai

Dua to Help Forget Someone

Q: Is there a dua that a person can read to help forget about someone or remove that person from their mind? (In order to progress and be happy in life).

A: There is no special Du'aa for this purpose. Du'aa in your own words is most effective. Do not even make Du'aa for this. Making Du'aa for this is itself a reminder of that person. Make Du'aa for 'Aafiyah'. Rasulullah (Sallallaahu Alayhi wa Sallam) advised Sayyidina Abu Bakr (Radhiyallaahu Anhu) to make Du'aa for Aafiyah. Aafiyah is such a word which encompasses all goodness and protection from all harm and difficulty. May Allah Ta'aala make it easy upon you. Aameen.

Status of Walimah (Wedding Feast)

Q: There is a couple that are planning to make Nikah (get married) next month, but do not wish to have a Walimah as the boy has just converted to Islam and has no Muslim family to help with the Walimah. What advice could be given to the couple regarding the Walimah?

A: The Waleemah feast is Sunnah and not a compulsory act. If it is left out, no sin will be incurred. It is a misconception to think that a Waleemah has to be a lavish feast, with many people invited. The alternative is that two or three people are invited with the intention of Waleemah and something simple is served, e.g. a few glasses of milk, or tea and biscuits, etc. Issues such as venue, amount or types of food are immaterial. We advise the boy gives a simple Waleemah by inviting a few Muslim friends and a few members of the girls family. The latter may assist in preparations etc.

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

Working at a Car Show

Q: This weekend I got a part time job at a car show. My duties were to collect money at the entrance.The show was put together for individuals to showcase their modified and done up cars. Some of the wrongs that were going on were: there was music being played, there were people drinking even though alcohol was not being sold and there was a bit of intermingling of sexes.
Is the money I earned from working at the show halaal for me to use?

A:
The money earned from such work is Halaal, but participating in such an event where un-Islamic practices occurred is sinful. Make Istighfaar and repent unto Allah, and promise that you will not work at such an event again. I repeat, the money you earned is Halaal, for the actual work you were doing, i.e. collecting money, was not Haraam. The Haraam was found in attendant factors. In future make an effort to work in lawful places, and Allah will certainly open up more avenues of Rizq.

Mufti Siraj Desai

Marrying a non-Muslim Lady

Q: Is it possible for a non-Muslim female to marry with a muslim guy?

A:
It is not permissible for a Muslim male to marry a non-Muslim female of any religious following. This is the Fatwa of Hadhrat Abdullah bin Umar (Radhiyallaahu anhu). When he was asked about the permissibility of a Muslim male marrying a Jewish or Christian female, he responded by saying: “The Statement of Almighty Allah in the Holy Qur'aan is quite clear: ‘And do not marry Mushrik women until they become Muslims;’ (Surah Baqarah, verse 221) And I do not know of a greater form of shirk (polytheism) than to proclaim Eesa the son of Maryam or any servant of Allah as one's Lord and God.” (Ahkamul-Quran of Jassas). This is the statement of a Sahaabi of Rasulullah (Sallallaahu Alayhi wa Sallam) who was among the Fuqahaa of his times and a man very strict upon the Sunnah of Nabi Mohammed (Sallallaahu Alayhi wa Sallam). According to most of the scholars such a Nikah or marriage is abominable due to the threat that faces the Imaan of Muslims. The basis of their ruling is that when Hadhrat Umar bin Khattaab (Radhiyallaahu anhu) heard that Hadhrat Huzhaifa bin Yamaan (Radhiyallaahu anhu) had married a Jewish woman in Madaa-in, he commanded him in a letter to divorce her immediately. He wrote: “There is no chastity and honour among their (Jews and Christians) women. So I fear this may be the cause of lewdness and immorality developing within your homes.” Imam Mohammed bin Hasan Shaybaani narrates this incident from Imam Abu Hanifa in his Kitabul-Aathaar (page 156) and states that the exact words of Hadhrat Umar’s reply to Hadhrat Huzhaifa bin Yaman were: “I make it obligatory upon you that you shall not put down this letter of mine until you have released that woman from your Nikah, for I fear that other Muslims may follow you in this act and give preference in marriage to women of the Ahl-e-Kitab because of their beauty. And this in itself is a great Fitnah for Muslim women.”

Being Hit in a Dream

Q: I had the following dream: it was the time of fajr and a part of my consciousness was awake. In my dream I was home alone and it was very late at night. I was very afraid. I did not know were my husband was. I was expecting my father who was coming. However when he was late I was even more worried. I heard my gate opening and thought my father had finally come but a sense of fear over came me. He walked into the house and i felt like there was a stranger in my house. The man was beaten up very badly, I couldnt even recognise him. There was blood all over his face and his face was swollen. He then said to me: "Look what I had to go through to get here," and I realised it was my father. I asked him what happened, and he said that he kept taking lifts from different people and each time they hit him. Tears rushed to my eyes and I woke up for fajr just as the azaan finished. My father has been going through a very difficult patch. He was retrenched from his job last year and hasn't been able to find a stable job. I am also home alone everyday while my husband is at work and at the musjid. Please can mufti give a meaning to my dream if any.

A: A person who is seen in a dream being hit to the extent that blood flows, will suffer (or has already suffered) loss in wealth or property. And Allah knows best.

Mufti Siraj Desai

Mut'ah

Q: I have recently heard about Mut'ah marriage. Can you please shed more light on this?

A: Mut'ah means to 'marry a lady' for a prescribed period of time, and this is forbidden and Haraam according to all the four Madhabs. This type of 'Nikah' is invalid. Rasulullah (Sallallaahu Alayhi wa Sallam) did give permission for this at the time of a certain battle which took place a great distance from Madinah Shareef, but later on totally forbade it. The Sahaabah (Radhiyallaahu Anhum) are unanimous on its prohibition. There are many narrations stating the prohibition of Mut'ah. Certain sects among the Shi'as believe that Mut'ah is still permissible, but such a view is totally false. Mut'ah is akin to prostitution. (Fat'hul Qadeer)

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