Funeral Rights

Q: During funeral of mother or father, who reserves more rights of taking funeral decisions (time fixing, etc)?

A: If the father dies, then his son has more rights than anyone else with regards to decisions related to the funeral, provided the son is capable of making decisions. If the mother dies then her husband (the father) has more rights in this regard. If a woman’s husband is not alive when she dies, then her son who is her wali will assume decision-making at the time of the funeral.

Answered by: Moulana Nazeem Moosagie; Checked and approved by: Mufti Siraj Desai

Renting Home and Riba (Interest)

Q: Home owner is renting out his house bought on interest through the bank. Is he out of Riba

A: He will remain in Riba until the bank loan is not cleared, whether he rents the house or not. The Riba transaction with the bank is a different deal, and renting the house to a third party is a different deal. Although because of the Riba he will not have much Barakaat or blessings in the money he gets in rental.

Identifying the Dead

Q: A woman was found dead. How do we detemine if she is Muslim or not?

A: If one is aware that Muslim women in the area use mehndi, or dress in a certain way, or apply a certain makeup peculiar to Muslims then this could be used as signs to determine the religion of the deceased female. Other that this, there is no way to ascertain from her body whether she is Muslim or not.

In that case you need to do the following:
a) Check for identification on her.
b) Ask people in the area where her body was found. Perhaps someone will know her.
c) Find out from the police and the 'Missing Persons Bureau' if someone with her description has been reported missing.

In the absence of proper identification from the above sources, one should use discretion. If the heart strongly feels that the deceased is a Muslim then give her an Islamic burial. If not, then wrap the body in one or two pieces of cloth, dig a hole and bury it. There will be no duas, janaaza salaah, etc.

Prepared by: Moulana Yusuf Laher; Checked by Mufti Siraj Desai

Ladies Jamaats and Tabligh

Q: What is your opinion on ladies jamaats as well as the whole issue of tabligh in general?

A: The Tableegh movement had been initiated by pious Ulama and the Ulama have always been a part of this. For the purpose of the reformation of women, they have sanctioned the participation of women. If the women participate and confine themselves to the principles laid down by the elders of Tableegh and also do not flout the laws of Hijaab, they will benefit from this participation. The Tableegh Jamaa'at is a movement of Haq, beneficial to oneself and to others.

Prepared by: Moulana Yusuf Laher

Checked and approved by: Mufti Siraj Desai

Who is Allah

Q: Is Allah an idol? Who is this Allah that Muslims are worshiping? Which Bible do Muslims read?

A: Allah is not an idol and Muslims do not worship idols. Islam is strictly against idol-worship in any form. Islam is a monotheistic religion, i.e. belief in only one God. Allah is that Supreme Being who has always existed and will always remain. Allah is the creator of the entire universe and all its contents. Allah is the creator of man, animals, etc. Allah is the Creator, Nourisher, Sustainer, Provider, gives life and death, sustenance and rain, etc. Allah chose various men among His creation for the guidance of mankind whom are called prophets or Divine messengers, from Adam to Jesus to Mohammed (peace be upon them all). Muslims believe that Mohammed (peace be upon him) is the final messenger of Allah, and the final Divine book which was revealed to him is called the Qur'aan which Muslims read and follow. This Divine book is in the Arabic language.

The word ‘Allah’ comes from the Arabic “Al-Ilaah” Which means ‘The God’. “Ilaah” is an Arabic word that means God. The God of the Muslims is no different to the God of the Christians and Jews. The God spoken of in the Bible is the same God mentioned in The Holy Quran.

The Quran is the bible or Holy Book of the Muslims. As explained above, this Book was given by Almighty God to The Prophet Muhammad like the Old Testament was given to Moses and the New Testament to Jesus (may God’s peace be upon them all).

Moulana Yusuf Laher and Mufti Siraj Desai

Sexual Intercourse and Halaalah*

Q: Is sexual intercourse necessary for the purpose of halaalah*?

A: Sexual intercourse is necessary in this case, i.e. entry of the male private part into the female private part, although ejaculation is not a condition. (Fataawa Hindiyyah V1 P473) Although the second Nikah is valid and after receiving Talaaq from the second husband and spending the Iddat, she can marry the first husband again, it is a sin if the second Nikah of the lady has taken place just for the purpose of Halaalah, Rasulullah (Sallallaahu Alayhi wa Sallam) has cursed people who marry solely for the purpose of Halaalah. (Ibni Maajah V1 P622)

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

*Halaalah: A lady whose been given three divorces gets married to another husband. He dies or divorces her. She can now marry her previous husband who gave the three divorces.

Using Condoms and Contraceptives

Q: Can a Muslim man use condom with his wife if they don't want children? And can they use some type of medicine to stop having children.

A: Use of condoms if a form of contraception. This is permissible under the following conditions:

A) When it is established through experience or expert medical advice that pregnancy will endanger the life of the mother or the foetus-to-be, or she will suffer serious complications to her health.

B) When the mother is unable to cope in the rearing of children for social or economic reasons, such as her having to go out and work for a living when the husband is invalid or not willing to earn an income.

C) When the couple live in such a remote area where they fear for the morals and Deeni upbringing of their kids.

D) Due to physical weakness or terminal illness the mother cannot rear children, and the family is not by the means to employ people for this purpose.

E) The couple intend separating in the near future, or the wife fears her husband may divorce her soon, or desert her.

F) To enable the couple to provide proper education and discipline to their offspring, contraception is used to space out pregnancies.

Resorting to contraception for fear of poverty, or to enable the wife to pursue a career, or merely because it is ‘fashionable’ to have small families, is not permissible. Further, the moment the above reasons no longer exist, use of contraception will once again become unlawful.

Lady in Iddah Attending Religious Gatherings

Q: Can a old woman who is in Iddah of the death of her husband, leave home to attend to religious gathering?

A: A woman in Iddah is not even allowed to go for Haj or Umrah. She will definitely not be allowed to leave her home to attend a religious gathering, irrespective of her age. (Al Fataawa Al Hindiyyah)

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

Applying Mendhi in Husband's Absence

Q: Can I apply mendhi in the absence of my husband?

A: You may apply mendhi in the absence of your husband for your own satisfaction.

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

Making Profit from Deceased's Clothing

Q: Is it permissible to sell my deceased dad's clothing thus making a profit? my step-mom sent all his belongings to me. I have distributed some of his clothing to family but I have lots left. They are in good condition.

A: You are allowed to sell your deceased father’s clothing, even with a profit, provided you have the consent of all other heirs. Once they consent, sell the clothing and divide the proceeds among the heirs according to each one’s share.

Embracing or Seeing one's Dead Spouse

Q: What is the ruling on embracing/seeing one's deceased spouse?

A: It will be permissible for the husband to see his late wife, but not touch her. If the husband dies, the wife can see her late husband and touch him. (Imdaadul Ahkaam V1 p 724, 730)

There is no merit in embracing the deceased. In fact, embracing may be a means of Takleef (inconvenience) to the deceased.

And Allah Ta'aala knows best.

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

Athaan When Praying Salaah Away from a Musjid

Q: When performing Fard salaah away from masjid, must Adhaan always be called out?

A: Calling out the Adhaan and Iqaamat for a person performing Salaah at home or anywhere else alone is Mustahabb (preferable). This will apply if the Adhaan and the Iqaamat in the locality has already taken place. The reason for this is that the Adhaan and Iqaamat of the locality suffices for all within that area. (Beheshti Zewar V11 P25)

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

Qasr Salaah

Q: Please give details of Qasr Salaah.

A: Qasr Salaah is a gift from Allah Ta'aala to this Ummat. The criterion for Qasr Salaah is the distance being travelled and the duration of stay at the temporary venue. One who travels 77.7 km or more and will stay at a place for 14 days or less, qualifies as a Musaafir. If a person is travelling this distance or more, Qasr Salaah will commence as soon as the person leaves the border of his hometown.

When making Qasr, the four Rakaats Fardh of Zohar, Asr and Eshaa will be reduced to two. This will apply when performing Salaah alone or behind an Imam who is also a Musaafir. The Fardh of Fajr and Maghrib will remain the same. If when reaching another place en-route, a resident of the area is the Imam, then the Musaafir follower will perform the full Salaah behind this resident Imam.

The Sunnah Mu'akkadah Salaahs attached to each Salaah also become optional when on journey, but if time and circumstances allow, they should be performed.

The Witr of Eshaa is Waajib, so it must also be performed.

If a Salaah became Qadhaa while travelling, it will later be performed as Qasr, even if one is back home when fulfilling that Qadhaa.

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

Men Wearing Wedding Rings

Q: I would like to know if men are allowed to wear a wedding ring.

A: Men are allowed to wear a ring made of silver only. Rasulullah (Sallallaahu Alayhi wa Sallam) wore a ring which was used as a seal on correspondence, etc. The Khulafaae Raashideen (Radhiyallaahu Anhum) also wore rings for a similar purpose. This need does not apply today. We do not use rings for this purpose (of applying seals to correspondence, etc) anymore. Although permissible, some jurists are of the opinion that if a ring is not worn for this purpose, then it should not be worn at all.

Also, the tradition of a wedding ring is from other cultures and not from Islam and Muslims. Thus, in our humble opinion, it is best to abstain from wearing a ring.
And Allah Ta'aala knows best. (Raddul Muhtaar)

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