How to Write a Talaq (Divorce)

Q: How do I write a Talaq (Divorce)?

A: Your query refers. Due to high volume of questiions, there could have been a delay in our response. We do apologise.

A talaaq is written as follows:

Islamic Date
English Date
Husbands Name
Address

I (Full name) the undersigned, of sound mind and body, hereby declare that I have given my wife (full name of wife) one talaaq / or one talaaq-e-baain (depending on which type of talaaq the husband intends giving) as from the above date.


Signed:


....................................

There is no need for witnesses. This is just the basic form of talaaq. We advise husbands who intnend to divorce that they consult with their local Ulema for more details.

Female's Wudhu Breaking Through Touching

Q: Do non-Muslim male relatives break a Shaafi female’s wudhu?

A: If a male mehram, Muslim or non Muslim, touches a Muslim female, her wudhu will not break

Reward of Acts of Worship Reaching the Dead

Q: Does the Thawaab of physical Ibaadat reach the deceased?

A: Three types of reward (thawaab) reach the deceased from the actions of the living; (a) a Fardh Haj made on behalf of the deceased, (b) wealth given as Sadaqah or a debt paid on behalf of the deceased, (c) the benefit of Du’aa made by the living. There are two views as to whether the thawaab of Quran recitation reaches the deceased. The preferred view is that it does. One should ask Allah Ta’āla to convey the thawaab of the recital to the deceased. The thawaab of physical Ibaadat, e.g. Salaah, fasting, Nafl Haj, etc. does not reach the deceased. (Majmu, 15:521)

Position of Hands in Salaah

Q: Where will the Shaafi’ee keep the hands in the Qiyaam position in Salaah?

A: He will fold his hands below the chest, above the navel, in the iyaam position in Salaah. (Majmu, 3:313)

Zakaat on Dead Stock

Q: Zakaat was calculated on 'dead' stock that was valued at about R50,000.00 and when auctioned later, was sold for a mere R2000. The zakaat is still being discharged monthly and has not yet been fully paid. Does the amount still remain the same as originally calculated or would it have to be altered?

A: At the time of calculation, you had to value the stock according to its current market-related value. In other words, the true value would be the price those goods would have fetched had it been sold in bulk to a prospective buyer at the time of calculating your zakaat. If you are able to ascertain that value at this stage then adjust your zakaat accordingly.

Menstruation and no Fixed Cycle

Q : After childbirth I have not had an aadat (fixed cycle) for haidh. My last haidh I bled for 10 days and till now have not stopped bleeding. Today is the 15th day of bleeding. From when do I calculate my haidh? From which salah should I stop reading?

A: In this case your aadat or cycle will be ten days and the balance will be istihaadah. In future your monthly cycle will be 10 days full, until a month comes where you bleed for less than 10 days. It will be then be considered as if your aadat or cycle has changed. Resume salaah from the moment 10 days are complete. If bleeding continues indefinitely, then you must work on a cycle of 20/10. This means that 20 days will be considered as clean, and the next 10 will be haidh. During hose 20 days you should offer each salah with a fresh wudhu even if the bleeding continues. When those 20 ‘clean’ days are over, consider your haidh as having begun. The moment there is a change in your pattern, contact us again for the new ruling.

Selling a Waqf Property

Q: A house was given as waqf to a jamaat. A mutawalli sold it below value and invested the money in his own investment? Was it correct to sell waqf property? The other jamaat members were not happy with what he did though he says he will pay the jamaat back. So far he has only paid a little of the money. Should that mutawalli be asked to resign?

A: The Ulema are unanimous that selling waqf property is not permissible. The sale itself is not valid. Steps should be taken to cancel that sale and redeem the Waqf property. As for the trustee, well he has committed a serious breach of trust, on the basis of which he has disqualified himself from being a trustee. It is written in the Hanafi book of Jurisprudence, Raddul-Muhtaar that when a trustee breaches his trust, he is automatically disqualified from acting any longer in that position. He should, therefore, resign. If the sale is cancelled then this trustee has to reimburse the buyer for the price of that house. If due to legal technicalities, this could not be done, then the trustee has to pay the market value of the property back into the trust.

Cutting Nails at Night

Q: Is it permissible to cut one’s nails at night?

A: Yes, this is permissible. It is written in the book Al-Fataawal-Hindiyya that once the King Haroon Rashid asked Imam Abu Yusuf about clipping the nails at night. The great Imam answered: “It is advisable to do so.” The King then asked: “And what’s your proof for this?” The Imam replied instantaneously: “The Hadith of Rasoolullah (sallallahu alayhi wasallam): “A good act is never delayed.”

Marriage Without Sexual Relations

Q: Is nikah valid without sexual intercourse?

A: Even if a couple had no intimate relations after getting married, their nikah is valid and complete. Consummation of the marriage is not a condition for its validity.

Time for Sexual Relations

Q: How long after nikah should the couple have sexual relations?

A: Sexual intercourse can be done any time after nikah, depending on circumstances and the mutual agreement of the couple. But the hadith encourages a wife to respond to her husband if he desires her.

Sexual Intercourse in Room with Sleeping Infant

Q: Is sexual intercourse permissible in the room where an infant is asleep?

A: It is permissible for a couple to have sexual relations in a room where infants are sleeping. But care should be taken that they don't wake up while the husband and wife are engaged in this act. However, even though this is not a sin, but it is not advisable. It is better for the couple to be in another room when having intimate relations, if this is possible.

Removal of Pubic Hair

Q: I am 14 years old. Is it necessary for me to shave my pubic region (front private part) hairs?

A: Once hair grews in the pubic area (around the front and back private parts) then it becomes necessary to shave. It is not permissible to leave the hair for 40 days without shaving. So yes. regardless of your age, when hair appears, it must be shaven. Also note that you need to shave hair around the anus as well (that is, the back private part).
Ref: Raddul-Muhtaar, Alhazr wal Ibaahah

Removal of Body Hair

Q: What does Islam say about the removal of unwanted body hair?

A: When hair appears under the armpits and from below the navel to around the anus, such hair has to be removed. The Messenger of Allah, Muhammad (salllallahu alayhi wasallam) said that removal of this hair is among the important teachings of Islamic culture (Bukhari and Muslim). The Muslim Jurists have ruled that one should shave this hair at least once every 40 days. To leave it for longer than 40 days is not permissible.
In the case of a female, she should remove facial hair as well, for it is only men whom are commanded to keep a beard and moustache.
A female is allowed to use ointment or cream to remove any unwanted hair.

Mahram and Umrah

Q: My husband doesn't pray. I want to take him on umrah but he said no. I have no other mahram. What can I do?

A: It is indeed a great act on your part to offer to take your husband for Umrah. Whether he prays his salaah or not, it is his duty to accompany you as a mehram. However, if he refuses to go with you, you cannot force him. The alternative would be to either look for another mehram, such as your brother, father, uncle, nephew, or son (if you have a baaligh son), or else postpone your umrah for another date.
A woman is not allowed to travel without her husband or a mehram. This ruling is mentioned in many hadith of our Rasool (sallallahu alayhi wasallam).