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Wednesday, July 1, 2009

Studying Actuarial Science

Q: Is it permissible to become an actuary and is it permissible to study actuarial science?

A:
The study of actuarial science is permissible as a science. After receiving a degree in this science, one should use it to earn a lawful income by entering a field that is allowed by Shariah. Insurance companies use such qualified people in their industry. To work for an insurance company using this science, or to use it in any insurance related matter, or to apply it in any forbidden matter will not be permissible. It will be permissible to apply it to a range of applications outside the insurance industry on condition that they (applications) are not Islamically forbidden.
AND ALLAH TA'AALA KNOWS BEST

Moulana Yusuf Laher
Checked and approved by:Mufti Siraj Desai

Monday, June 29, 2009

Husband and Wife Bathing Together

Q: Is it permissible to have a bath with wife, provided she is in clothes?

A: It is permissible for the husband and wife to bath together. Rasulullah (Sallallaahu Alayhi wa Sallam) also bathed with his wife. (Saheeh Muslim V1 P176)

Moulana Yusuf LaherChecked and approved by:Mufti Siraj Desai

Tuesday, June 23, 2009

Designing Church Websites

Q: We are running computer software company. We have few clients from USA. They give us Christian or church work to develop their web site etc. As a Muslim, am I allow to do this kind of work?

A: Almighty Allah states in the Holy Quran:
“And do not aid each other in sin and transgression” (Al-Maa-ida, verse 2)
“I shall never be a helper to evil-doers” (Al-Qasas)
“And do not incline towards those who do injustice” (Surah Hud)
Rasoolullah (sallallahu alayhi wasallam) said: “He who adds to the number of a people, is one of them.”

From the above verses and hadith we learn that a Muslim should not assist in any action, activity, business, or practice that is contrary to the beliefs and teachings of Islam. To do work for Christians that will help them propagate their religion is wrong because today it has become very widespread for Christians to use websites and attack Islam or propagate Christianity to Muslims. Any Muslim who helped in the development of such a site will share in the sin. You should politely refuse to do work for them or give them a reasonable excuse.

Mufti Siraj Desai

Using Interest to Pay Tax

Q: Can I use interest money to pay tax (SARS)?

A:
Remember that placing money in the bank to earn interest is not allowed. However if one had to use the banking system for business purposes and then happens to receive interest, it may be used to pay income tax and rates. Obviously such interest may not be used for personal needs.
And Allah knows best

Mufti Siraj Desai

Male Tying a Ponytail

Q: Can a male tie his hair in a ponytail if it's shoulder length and it keeps going over his face?

A: This is not permissible because it resembles the hair of a female, and the hadith prohibits a male from imitating a female as mentioned in Saheehul-Bukhari. If the hair is long, apply oil and comb it regularly to keep it in place, or comb all the hair back, which resembles the sunnah.

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

Fidya in Rice

Q: How many kilograms of rice should be given as fidya incase of non fasting per day?

A: If fidyah is given in the form of rice then one should take the value of fidya in wheat or barley, and then give out that amount of rice.

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

Shower after Sexual Intercourse

Q: Do Muslims take a shower after sexual intercourse?

A:
It is compulsory for a Muslim to take a bath after sexual intercourse.

Answered by: Moulana Yusuf Laher; Checked and approved by: Mufti Siraj Desai

Delay in Fulfilling a Vow

Q: If one says that if he gets this job he will fast for two days and will pay R100 to a poor man and he doesn't do it for many years, what should he do ?

A:
He should still fulfil this vow, even after many years.

Answered by: Moulana Yusuf Laher; Checked and approved by: Mufti Siraj Desai

Delay after Promising

Q: I promised Allah if I pass my driving test I will R10 to a poor man. Can I give this money to a poor Muslim man or can I give it to any poor man if I don't find a needy Muslim guy? What if I don't give that money on the some day and pay it after a long time?

A:
Although the fulfilment of the payment has been delayed, it still has to be paid. It is best to give it to a poor Muslim. If you cannot find a poor Muslim in your area, send the money to another locality wherein there is a poor Muslim.
And Allah Ta'aala knows best.

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

Inheritance of Wife, 4 Daughters, Mother and Brother

Q: In the case where a Muslim male has a wife and 4 daughters, as well as a living mother and a brother (who is currently involved in un-Islamic dealings and on drugs and has previously stolen money from the family). The brother is the only living male family. How should the inheritance be distributed?

A:
According to the Islamic Law of Inheritance in the above case the brother will certainly inherit if the other brother passes away. The wife will receive 12.5 percent of the entire estate, the mother will receive 16.66 percent, the daughters 66.66 percent (to be shared equally) and the remainder to the surviving brother. This is a fixed ruling mentioned in the Quran and cannot be changed, regardless of the bad habits and evil ways of any particular heir.

The concern is obviously the fact that this brother will squander his share of inheritance on feeding his evil habits. This is a valid reason for adopting a scheme to prevent him from inheriting a share of the estate. Muftis of former times gave permission for this. Hence, the brother is allowed to give away all or most his assets in his lifetime to his mother, wife, and daughters. So when he dies, there will be nothing much left to share, and this errant brother will get nothing or very little from the estate. Remember that when a person dies, all he owns automatically passes on to his heirs. This devolution property cannot be stopped at all. However, if property is distributed in one’s lifetime then the recipients become the owners and when the father dies, such property will not form part of his estate. A condition for such distribution is that the recipients must take possession of the property and must become the real owners. The gift or donation must not just be on paper, instead it should be physically and tangible.

If you need further details on how to distribute such assets, please write back but also provide a list of the assets that need to be distributed, such as house, car, business, etc. We can then explain how each asset can be disbursed among family members.

Mufti Siraj Desai

Taking an Oath on Parents

Q: I took the following oath: "I take an oath on my parents and all the Prophets that in future I would never do a certain action". After taking this oath, I still did the action. How do I give Kaffarah (compensation) for this broken oath?

A: By taking an oath on anyone else besides Allah Ta'ala, no Kaffarah becomes compulsory. Therefore, there is no Kaffarah due upon you. Keep in mind that to take an oath on anyone else besides Allah Ta'ala, is a major sin. This is prohibited in the Hadith. Repent for this sin and in future do not take an oath on anyone else besides Allah Ta'ala. (Beheshti Zewar V3 P53)

Answered by: Moulana Yusuf Laher; Checked and approved by: Mufti Siraj Desai

Children from Two Marriages and Inheritance

Q: A lady has a boy and girl from her first marriage and ten years later she has a girl and two boys from her second marriage. Is it permissable for her to make a calculation of her own estate. (a number of properties which are let and some cash) and settle the inheritance of the older children from her first husband, and keep the rest of the estate for the children of her current marriage till a defered period or death?
A: If the inheritance from the first husband has not yet been distributed between herself and the children of the deceased, she should do so immediately. This means she will give them their shares from their late father’s estate.

If she intends giving the children of her first marriage from her own wealth, then she should not only give them, but her other three children as well.

The Ahaadeeth on distribution of wealth to children teach us that we should give them equally, whether the children are male or female. During one’s lifetime one will not distribute wealth among one’s children according to the laws of inheritance, but will give them equally, male or female. This is not considered inheritance because the giver is still alive; instead this will be regarded as a gift. Gifts should be given equally amongst children. Although it is permissible to give them unequally, the Hadeeth discourage us from doing so. (As Sunanul Kubraa V6 P176)

Answered by: Moulana Yusuf Laher; Checked and approved by: Mufti Siraj Desai

Cervical Neck Problem and Medical Aid

Q: I have a severe Cervical neck problem with a lot of pain. I am only 40 years of age and am on pain killers prescribed by the Docter. I have tried the tablets for 9 months as prescribed by the Doctor, and now the Doctor has given me the option for an operation and I got an option of carrying on with my life taking tablets and living with the pain and later on have to go for an operation. The problem is the operation costs R100 000.00. It's unaffordable and the choice is Medical Aid. Is Medical Aid permissible? The prices are exorbetent. If I cannot afford it I have to carry on with pain killers, so I am not sure, some Ulema say that Medical Aid is not permissible. Am I allowed to take out Medical Aid?

A:
In your situation it will be permissible to take out a medical aid and/or hospital plan, since the future benefits are certain and defined. This is totally permissible. May Allah Ta’ala grant you shifaa (cure).

Mufti Siraj Desai

Naming a Takeaway "Bismillah"

Q: Is it possible to name a food business “Bismillah”?

A: To name a business with the term bismillah is a form of disrespect to the Name of Allah and to the Words of the Quran, for indeed bismillah is part of the Holy Quran. One should refrain from doing so.

Answered by: Moulana Naziem Moosagie; Checked and Approved by: Mufti Siraj Desai