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· A Muqtadi did not make Ruku’ with the Imaam. For some reason he remained standing. When he emerged from his reverie, he immediately joined the Imaam in Sajdah. What is the position of his Salaat?
Omission of Ruku’ invalidates Salaat. He has to repeat his Salaat. He should have made Ruku’ after the Imaam’s Salaam. In an error of this kind, the muqtadi should rise into qiyaam after the Imaam’s Salaam, then make Ruku’, then make Sajdah Sahw and complete the Salaat as usual. Back to top
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· The Imaam completed Maghrib Salaat after two raka’ts. Although the muqtadis drew his attention by exclaiming ‘Subhaanallaah!’, the Imaam ignored them and continued to complete the Salaat. Some muqtadis did not follow the Imaam and completed the third raka’t. Is their Salaat valid?
No one’s Salaat is valid. The Imaam and the Muqtadis have to repeat their Salaat. Back to top
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· If a musalla or a blanket is spread on impure (najis) ground, can Salaat be performed on the blanket?
Yes, it is permissible to perform Salaat on the
blanket or musalla. Back to top
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· If the Imaam fell down unconscious in Salaat, what should the muqtadis do?
The Salaat breaks. They should attend to the Imaam and perform the Salaat over. Back to top
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· The Imaam recited iyyaaka na’badu (with a fathah), instead of na’budu (with a dhammah). Is the Salaat valid?
The Salaat is valid. As long as a corrupt meaningchange has not been produced by an error in Qira’at, the Salaat remains valid, e.g. Iyyaaki, instead of iyyaaka; Rabbal Aalameen, instead of Rabbil Aalameen; Tilkal Kitaabi, instead of Tilka aayaatul Kitaabi; Thumma innakumul qiyaamati tub-athoon, instead of Thumma innakum yaumal qiyaamati tub-athoon. Change of harkaat and omission of a word which do not effect a corrupt change in the meaning do not invalidate
Salaat Back to top
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· In a qabrustaan there is a special building for performing Janaazah Salaat. Outside the building on the qiblah side, i.e. in front of the wall the musallis will be facing, are graves. Is it permissible to perform Janaazah Salaat or any other Salaat in this building?
It is permissible. The wall is an adequate barrier. Back to top
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· What is the status of a Salaat if someone performs it with a turban under which there is no topi?
It is Makrooh Tahrimi (forbidden and sinful) to discard the topi even if the amaamah is worn. It is incumbent to wear a topi under the amaamah (turban) whether in or out of Salaat. It is Makrooh Tahrimi of a greater degree to perform Salaat with an amaamah under which there is no topi. Back to top
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· The Imaam recited in the first raka’t of Isha Fardh, Surah Wash-Shams, and in the second raka’t, Surah Wat-Taariq. Is the Salaat valid?
The Salaat is valid. It is sinful to intentionally invert the order of the Surahs. There is no reproach if it happens by mistake. Back to top
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· Is it permissible for females to remove the hair on their arms?
If the hairs are growing abnormally, then it is permissible otherwise not. Back to top
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· Is it permissible for a woman to trim her eyelashes?
It is haraam for her to trim her eyelashes. Rasulullah (sallallahu alayhi wasallam) invoked la’nat (curse) on such women. Back to top
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· Some Muslim women in emulation of non-Muslim females keep very long fingernails to which they apply nail polish. Is this permissible?
This evil, filthy practice is haraam for four reasons: (1) It is tashabbuh bil kuffaar (emulating the kuffaar). (2) It is in flagrant conflict with the teaching of the Shariah which orders cutting of the nails once a week. It is haraam to retain the nails for forty days. (3) The nail-polish prevents them from performing Salaat because neither ghusl nor wudhu is valid with the nails covered with this haraam impervious coating. (4) It is a filthy practice. Such nails are a nest for filth and dirt. Back to top
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· The parents had not circumcised a boy. Is it permissible for him to get himself circumcised now that he is an adult?
It is permissible, in fact, incumbent. Back to top
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· It is Sunnat to remove the hair of the baby on the 7th day. Months have passed without the parents paying heed to this requirement. Should the hair be removed now after several months have lapsed?
Yes, the hair should be removed even now. Back to top
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· Is the Imaan of a convert valid without circumcision?
Imaan is valid. However, circumcision being a salient feature of Islam and an incumbent practice, the convert should have himself circumcised. Back to top
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· My second wife forbids me from spending much time with my first wife and children by her. She makes my life miserable when she discovers that I was with my first wife for any part of the day. She even insists that I spend more nights with her than with my first wife. What is the Shariah’s ruling on this issue?
The ruling is very clear and concise which every Muslim is aware of. You are required to mete out equality of financial expenses and equality of night times between your wives. It is compulsory to spend an equal number of nights with each wife. The rule of equality does not apply to daylight hours. You may apportion out the daylight hours to your convenience. It is haraam for you to submit to the unlawful dictates of your second wife. If such submission leads to violation of the rights of your first wife, you will be guilty of a major sin. You will be inviting calamities on yourself and on the Day of Qiyaamah you will be resurrected with half your body paralysed. Allah Ta’ala has made the husband the dominant one and the ruler of his home. He is not supposed to be a cuckold and submit to the haraam commands and wishes of his wives. Back to top
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· A widow with a minor son (3 years) married a man who is not a close relative of the child. It is understood that in this case the mother loses custody of the child. The paternal grandfather demands that the boy be handed over to him as he is the rightful guardian in this case. The mother who is a practising Muslim, observing Hijaab and abstaining from evils such as television, etc., refuses to hand over the child. She argues that the grandfather is a faasiq. He shaves his beard. He spends hours viewing television. There is no proper purdah in his home. Males and females of prohibited categories mingle freely in his home. The grandfather as well as the other inmates of the house visit casinos, game centres and the like. He, his sons and daughters are thorough modernists. Islam is not their guiding light. Does the mother have any right to retain custody in such a situation? Will she be sinning by denying the grandfather custody of the child?
On the contrary, she will gain thawaab for denying custody. It should be well understood that the Shariah’s law of Hidhaanah (Custody and Guardianship) is regulated by the welfare and interests of the child. The prime basis underlying this Law is the welfare of the child, not the emotional feelings of the guardians. In the Shariah, the first demand of ‘welfare’ is the safety and development of the Imaan and Akhlaaq of the child. If these Waajib requirements
are denied to the child as a consequence of the un-Islamic conduct (the fisq and fujoor) of the rightful guardian, the purpose of Hidhaanah is defeated and negated. Hence, if the rightful guardian, the paternal grandfather in this case, poses a threat to the Imaan and morals of the child, as he most certainly is, then it is Waajib for the mother to deny him custody. It is not permissible for the mother to sacrifice her child’s Imaan and Akhlaaq so callously by handing over the child to a reckless faasiq, faajir even if he is the legal guardian. To safeguard her child, the mother may even resort to the secular court to confirm her custody if this becomes necessary. Back to top
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· An adult son breaks ties with his father because of the stringent Deeni impositions of his father. He cuts all ties, preventing his wife and children also from visiting his father. Please comment on his attitude.
Neither his Nafl nor Fardh acts of ibaadat are accepted by Allah Ta’ala. This evil son is deprived from the special Rahmat of Allah Ta’ala, which settles on the entire Ummah on the auspicious Nights of Qadr and Baraa’ah. He is deprived of the special daily Rahmat of Allah Ta’ala which reaches children via the agency of their father. The la’nat (curse) and ghadhab (wrath) of Allah Ta’ala perpetually settles on this disobedient son. A variety of other calamities will descend on him right in this world. The punishment for causing heartache to parents commences in this world. It is not postponed for the Aakhirah. The barkat of his earnings is eliminated and his lifespan is shortened. And, worst of all, the danger of him dying without Imaan overhangs him. The episode of Hadhrat Alqamah (radhiyallahu anhu) who was a famous Aabid among the Sahaabah, is a fearful example of the ultimate consequence which awaits such children who cause the hearts of parents to bleed. Even if his father reprimands and abuses him without justification, then too it is haraam for the son to sever ties. It remains Waajib for him to submit in obedience to all the lawful wishes of his father. This is adequate commentary for anyone who possesses Imaan and even a degree of fear for Allah Ta’ala.
YOUR FATHER
About your father, Rasulullah (sallallahu alayhi wasallam) said:
• “The pleasure of Allah lies in the pleasure of your father, and the anger of Allah lies in the anger of your father.”
• “Verily, your father is the central gate of admission to Jannat (for his children). Therefore (O son / daughter!) destroy this central gate if you prefer, or guard it.”
• “Verily, among the best of good deeds for a man is to be kind to relatives and friends of his father, after his death.”
• To cast a gaze of affection at your father gains for you the thawaab of a Hajj. Back to top
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· My father is extremely abusive. For any little thing which displeases him he uses vulgar language to scold me. In view of his conduct I have distanced myself from him. My mother rebukes me for my attitude. Am I in error? Am I not justified on account of the abusive conduct of my father?
Inspite of the abusive and sinful conduct of your father, your behaviour is worse. You have opened up the gates of Jahannum for yourself. You have no option other than to tolerate the vulgar tongue of your father. Read and reflect on the gracious statements of Rasulullah (sallallahu alayhi wasallam) which appear above, then make your decision for your ruin or salvation. Back to top
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· In the past few months I have seen my parents in my dreams on several occasions. Each time they appeared to be sad. What could be the interpretation?
Examine your lifestyle and eliminate actions which are in conflict with the Shariah. Offer acts of Isaal-e-Thawaab for them, e.g. Tilaawat of the Qur’aan, Sadqah and Dua for their forgiveness. Back to top
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· I have a large sum of money which I wish to contribute to the Maktab project which is undoubtedly a wonderful source of Thawaab-e-Jaariyyah. However, my husband is in debt. He insists that I give him the money to settle his debts. He believes that I will gain just as much thawaab as the Maktab. What advice can you give me?
In your case, there is greater merit in paying your husband’s debts. Insha’Allah, you will gain the same thawaab or perhaps more thawaab, or perhaps the thawaab of both projects—the Maktab project and the payment of your husband’s debts. Allah Ta’ala rewards for even good intentions. Since your intention was initially the Maktab Project, you will, Insha’Allah, gain its thawaab as well. Back to top
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· Is it permissible to keep names such as Abdun Nabi and Abdul Mustafa?
It is not permissible. Back to top
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· Is it permissible to give girls names such as Shaaziyah and Roobeenah?
These are nonsensical names which have no Islamic significance. When choosing names, it is necessary to select good names which were the names of pious people—Ambiya, Sahaabah and Auliya. Back to top
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· Please supply Ahaadith regarding the prohibition of pictures of animate objects.
If you supply an address, we shall, Insha’Allah, supply you with a book full of Ahadith and other proofs of the Shariah for this prohibition. Back to top
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· Many Ulama nowadays say that abstention from Mushtabah (doubtful) food and things does not apply to the masses. They say that such abstention should not be propagated in this day. Please comment?
“Ulama” who themselves devour haraam and mushtabah and whose brains have suffered spiritual tremors of derangement as a consequence of their indulgence in things and practices which are loathful in the Shariah, lack understanding of Islam’s conception of Mushtabah and its harms and dangers. To follow the misguidance of such deviated ‘ulama’ is to expose one’s Imaan to corruption. Back to top
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· Muslim tourists are nowadays visiting the Dead Sea holiday resorts—the region where the nation of Nabi Loot (alayhis salaam) was destroyed by Allah’s punishment. What is the Shariah’s view regarding touring such places of punishment?
Once Rasulullah (sallallahu alayhi wasallam) with a group of Sahaabah unknowingly set up camp in one such place of Athaab. Jibraeel (alayhis salaam) appeared and informed Nabi (sallallahu alayhi wasallam) of the location in which he had encamped. Rasulullah (sallallahu alayhi wasallam) issued instructions to immediately move on. The food which was prepared with the water of that place was spilt. Those who had made wudhu with the water were later ordered to renew their wudhu. They departed from the accursed place in haste and with fear. The Hadith in Bukhaari Shareef states: “Ibn Umar narrated that when Nabi (sallallahu alayhi wasallam) passed (with a group of Sahaabah) the region of Hijr (where the inhabitants were utterly destroyed with Allah’s Athaab), he said: ’Do not enter the homes (there were still some ruins left) of those who had committed injustice to themselves, for perhaps that (punishment) which had befallen them may befall you, except (if you have to enter, then enter the place) crying.’ Then (i.e. after so saying), he covered his head and moved with speed until they had passed the valley (of Athaab).” In another Hadith Rasulullah (sallallahu alayhi wasallam) forbade the Sahaabah from drinking the water of the place of punishment. Hadhrat Ali (radhiyallahu anhu) forbade performance of Salaat in that region of Baabel (Babylon) which was destroyed by an earthquake (Allah’s Athaab). Hakimul Ummat, Maulana Ashraf Ali Thanvi, commenting on this Hadith said: There is Noor in places of obedience and ibaadat. This noor engenders obedience. In the same way there is zulmat (spiritual darkness) in places of sin, and this zulmat engenders sin. Such places are instrumental in producing qasaawat (hardness of heart), ghaflat (obliviousness) and ma’siyat (sin). The incidence of punishment is thus possible….”
It is haraam to visit and tour such accursed places for ‘enjoyment’ and ‘pleasure’. This is the actual purpose for touring these vile places. The curse and evil of these places have been augmented by the haraam holiday resorts established by the kuffaar. It is in fact negatory of Imaan for a Muslim to sit and enjoy himself/herself in the restaurants, hotels, food, pleasures, etc. which have been arranged in these accursed places which Allah Ta’ala has destroyed with His punishment. It is not permissible to drink the water and consume the food of such accursed regions of Divine Punishment. Back to top
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· A person borrows money from a bank. Although the bank does not charge interest, the client has to pay an extra amount in advance, i.e. before obtaining the loan. This is a reward for the risk the bank is taking. Is this permissible?
It is haraam. The ‘extra’ he pays is interest whether he pays it before or after the loan. There is no scope for permissibility of this interest stratagem. Back to top
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· Commenting on the Madrasah system, Judge Navsa of the Appeal Court, said: “The youth find this unnecessary schooling a waste of time….We ourselves should start soul searching. Islam is at its Golden Age.” Please comment.
There is not much to comment on what the poor judge who is a layman —a non-entity in the Shariah—had said. If a learned man had made such kufr statements, the need for commenting would have arisen. But, the community abounds with modernist laymen who lack the ability to distinguish between left and right, light and darkness in matters of Shar’i import. There is, therefore, no danger of the Muslim public following the stupidities which the modernists trumpet. Even an ignorant Muslim will not be misled by the bunkum which Islamically unqualified men blurt out even if they are judges, scientists, advocates, etc., etc. If we have to squander the treasure of time to comment on the nonsense, ilhaad and baatil of every layman who tramps the streets, we shall be deprived from constructive Deeni engagement. It is best to smile off the stupidities which the aged judge has sung without understanding. Back to top
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· If a Muslim woman advocates the legality of lesbianism, does she remain a Muslim?
Such a woman never was a Muslim. The question is superfluous. Back to top
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· A person earns R2000 a month. Is it permissible for him to accept Zakaat at the point of receiving his salary, knowing that he is going to spend it all
during the course of the month?
It is not permissible for him to accept Zakaat as long as he owns the Nisaab value which presently is about R850. Back to top
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· I gave someone a loan of money. Will it be permissible for me to ask the borrower to pay the Zakaat of the amount he had borrowed?
Yes, it is permissible. The Zakaat he pays will be deducted from the loan amount. In otherwords, the amount of Zakaat he pays will be regarded as a payment on the loan you gave him. Back to top
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· If the uncle of a child makes Aqeeqah of the child with the consent of the father, is the obligation discharged? The uncle pays for the sheep.
Yes, the Aqeeqah obligation is discharged. Back to top
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· The Imaam of the Musjid announced that a khatam would take place after Ishaa Salaat in the Musjid for the thawaab of some deceased. Is this a Sunnah practice?
It is a bid’ah practice. It is not permissible to participate in such public practices which have no origin in the Sunnah. As time advances, these practices develop into incorrigible bid’ah in the same way as the practices of the grave-worshippers have become bid’ah and shirk. Shaitaan is a cunning and a subtle teacher. He adorns practices with hues of ’ibaadat’ to entrap even learned men. Back to top
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· How is it to burn lobaan (incense) in the Musjid on Thursday nights (i.e. Friday night Islamically) and on Fridays?
Lobaan-burning on these specific occasions is among the shiaar (outstanding signs) of the Ahl-e-Bid’ah. They consider such lobaan-burning to be compulsory. It is therefore not permissible to strike up a resemblance with them in acts which have no emphasis in the Shariah. Back to top
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· Some travel agents entered into a partnership with a Muslim bank to supply Hajj packages. The agents required funding, so they entered into the partnership. Prior to the partnership Mr. Zaid was an agent for the Hajj agents, negotiating charter flights for them. After commencement of the partnership, the bank released a significant amount, being its capital contribution to the partnership, to Mr. Zaid to secure such flights. It is alleged that Mr. Zaid did not fulfil his duties, therefore, the proposed flights were cancelled. The Hajj operators lost a large sum of money. The bank now claims that the loss has to be borne solely by the Hajj operators, and they have to repay the bank its full capital investment, almost R3 million. The bank is basing its case on the view that Mr. Zaid was not acting as its agent. What is the ruling of the Shariah?
The bank’s claim is baseless. Mr. Zaid represented the partnership. The very fact that the bank had released its capital investment to Mr. Zaid belies the claim of the bank. Furthermore, even if the bank was not aware of Mr. Zaid’s involvement (which is not the case), then too its claim is baseless because it (the bank) was the dormant partner. With the full approval of the bank, the Hajj operators became the active partners conducting the day to day affairs of the business. This was with the full agreement of the bank. If Mr. Zaid was negligent in his handling of the affairs of the joint partnership, all the partners suffer. The loss cannot be imposed on only the Hajj operators. The bank has to compulsorily suffer its proportionate loss. Back to top
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· Some people claim that sweeping the house at night brings ill-luck. Is this true?
There is no substantiation in the Shariah for this claim. It is permissible to sweep at night. Back to top
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· A maulana in his Jumuah lecture urged husbands and parents to educate their womenfolk in the secular fields. They should become professionals such as lawyers, etc. Is this maulana not in violation of the Shariah with his teaching womenfolk to come out from their homes and enter the immoral secular educational institutions?
The ‘maulana’ who exhorts women to plunge into the cauldrons of immorality in the pursuit of secular knowledge, is a shaitaan in human form. About such jaahil ‘learned’ men, Rasulullah (sallallahu alayhi wasallam) said: “Verily, I fear for my Ummah such aimmah (deviate and jaahil imams, maulanas and sheikhs) who will be mudhilleen (i.e. leading Muslims astray).” This ‘maulana’ is one such specimen of the materialization of this prediction of Nabi-e-Kareem (sallallahu alayhi wasallam). Back to top
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· If one joins the Jamaat Salaat while the Imaam is reciting Qiraa’at, should Thana be recited?
If it is a Jahri Salaat, i.e. the Qira’at is recited audibly, then the latecomer should not recite Thana. If it is a Sirri (Silent) Salaat, Thana should be recited. Back to top
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· Someone joined the Jamaat after the Imaam’s first Salaam, is his iqtida valid?
His iqtida (following) is not valid. Back to top
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· Is it permissible to sit with legs stretched towards the Qiblah?
It is disrespectful to do so, hence not permissible. Back to top
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· Some Muslim banks are offering shares called unit trusts. Is it permissible to invest in these unit trusts?
It is haraam to invest in unit trusts We have published a book, Unit Trusts which discusses this issue in detail. Write for a copy. Please send some stamps
to assist with the postage.
Read the book @ http://books.themajlis.net/node/view/297 Back to top
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· I have a son who became an Aalim and a Haafiz in another town. After six years he got married in the town where he studied. I have several times instructed him to come to his home and assist me, but he flatly refuses. I pleaded with the principal of his Madrasah and with the person whom he has adopted as his sheikh to advise him to return home, but to no avail. He is employed by the Madrasah where he studied. Inspite of my pleadings, reprimands and displeasure, he has chosen to ignore me. Do I as a father have any Shar’i right of calling him back home? Do his Shaikh and Ustaadh have more rights over him than his father?
The father has greater rights over his son than Ustaadhs and his Shaikh. First comes the haq of the father, then of the Ustaadh and lastly of the Shaikh. Undoubtedly, your son is disobedient and inviting the Wrath of Allah Ta’ala on himself. But, you should accept the position and not curse your son. Today, children are signs of Qiyaamah. They are closer to outsiders than to their own parents. When even so-called Aalims behave in this callous manner, what can be expected of the ignorant masses? Deeni Talaba are no longer painted with the hues of the Deen because they lack the suhbat of the Auliya. Such Suhbat is a sealed avenue in these times. We thus see students studying big kitaabs—tafseer, Fiqah and Hadith—without understanding the message of Allah and His Rasool (sallallahu alayhi wasallam) conveyed by the kutub. After Hadhrat Haaji Imdaadullah (rahmatullah alayh) had migrated to Makkah Mukarramah, Hadhrat Maulana Ashraf Ali Thaanvi (rahmatullah alayh) in the company of his father went for Hajj. In Makkah Hadhrat Haaji Saheb requested Hadhrat Maulana Ashraf Ali Thanvi to remain with him. Hadhrat Thanvi was elated to be blessed with this wonderful opportunity. However, his father vetoed the idea, and Haaji Saheb instructed Hadhrat Thaanvi to return home with his father. But this understanding no longer exists today, not in students, not in their Asaatizah and not in their Shaikhs. In the foregoing pages of this issue of The Majlis, appears more naseehat for your son. Only Allah Ta’ala gives taufeeq. Back to top
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· The committee of our Musjid/Madrasah gave the Ustaadh 3 months leave with full pay which is paid from the public funds. But the community is unaware of this. Is this permissible?
It is not permissible. The committee is guilty of gross abuse of public funds. The members of the committee should reimburse the Trust Fund with their own money. Back to top
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· If the Madrasah teacher closes the class a few days earlier than the official closing date, is he entitled to full pay?
No, he is not entitled to full pay. The committee in charge should deduct from his wages. Back to top
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· Do the bones of a qur’baani animal have to be buried?
It is not necessary to bury the bones. Back to top
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· I am a woman who performs Salaat at home. On Fridays, when should I make Zuhr Salaat? Immediately after the Jumuah Athaan?
On Fridays perform Zuhr Salaat after the Jumuah Salaat has ended in the Musjid. Back to top
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· An aamil has diagnosed that I am the victim of sihr (jadoo/magic). To cure me of this calamity, the aamil says that 27 sheep and 7 black fowls should be slaughtered. I have to give him the money as he will be doing the slaughtering of the animals. What advice do you have for me.
Give the deceit the boot. Don’t allow him to fleece you in this cruel way. He is a fraud out to fleece you of money. Impostors and fakes take advantage of the natural illnesses of people to extract money from them. They attribute every illness or mental disturbance to sihr. Most of them are plain fakes who create more imaginary ailments. Back to top
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· I wish to stipulate in my will that after my death my house should not be sold as long as my wife is alive. She will occupy it. After her death, the house will go to my heirs in accordance with the Shariah’s law. Is this permissible?
It is not permissible. On your death, your wife will inherit one eighth of the house and of whatever other assets you leave, if you have children. If you have no children, she will inherit one quarter of all your assets. Back to top
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· I am married for the last 20 years. My husband had embraced Islam before our marriage. He says that he does not want to practice Islam and that he had converted merely to marry me. Can I go on living with him?
His statements have rendered him a murtad (renegade). He is no longer a Muslim. You are no longer his wife. The Nikah has ended. If he sincerely repents and again embraces Islam, then a new Nikah will have to be performed before you can be his wife again. Back to top
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· After paying fidyah for fasts which could not be kept due to severe illness, a person recovers. Does he have to make qadha of the missed fasts?
Yes, he has to make qadha. The fidyah which he had given will become a Nafl Sadqah. Back to top
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· If castrated animals are valid for Qur’baani why are animals whose tails were cut not valid for qur’baani? Castration is done for health reasons, and the tails of sheep are also cut for producing healthy sheep.
The Deen is the product of Wahi (Revelation from Allah Ta’ala), not the product of human reasoning. Castrated animals are permissible because of the Shariah’s permission. Animals without tails or with cut tails are not permissible because of the Shariah’s prohibition. Your reasoning and our reasoning are of no consequence. Back to top
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· Zaid is affected with sihr (magic) and jinn. This has been confirmed by a reliable aamil. In a fit of rage, he uttered Talaaq to his wife. Is the divorce
valid?
Only insanity and sleep absolve a man from the effect of his utterances. As long as his aql (mind/intelligence) is intact, he is responsible and liable for his statements, regardless of the cause of the rage. Rage does alter a man’s mental equilibrium, hence he blurts out in anger words which he later regrets. But the Shariah does not absolve him from liability. Even if sihr has been diagnosed, the man, we are sure, goes about his everyday business and household affairs as a normal person. Many people fly into fits of rage without being under the influence of sihr, and utter words which they later regret. Similar will be the effect of his utterance in rage due to sihr. He remains liable. The Talaaq has taken effect. If he issued one Talaaq, it will be one Talaaq Raj’i which he can revoke and take back his wife. If he uttered three Talaaqs, the marriage is finally and irrevocably terminated. Back to top
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· A man gives up his Watn-e-Asli after marrying, and settles permanently in his wife’s hometown. If he visits his original hometown, how should he perform Salaat?
Since he has given up his Watn-e-Asli (original home town), he will perform Qasr Salaat when he visits there without an intention of staying 15 days or more. Back to top
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· A man has two wives, each one living in a different town. He has children by both. He has made both towns his homes. What is the status of these two towns for him?
Both towns are Watn-e-Asli for him. He will be a muqeem (resident) on both towns. He has to perform Salaat in full in both places. Back to top
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· Is it permissible to vote for a political party in a non-Muslim country?
Normally it is not permissible to vote for a political party in even a Muslim country. All governments in this era are agents of kufr, shirk, immorality and oppression. All governments promulgate laws which are in total conflict with the Shariah. It is not permissible for Muslims to participate in the law-making processes of these countries. It is haraam to vote for any political party, whether in a Muslim or non-Muslim country. This is the normal and straightforward ruling of the Shariah. However, in abnormal situations, the ruling changes. If, for example, a particular political party is more amenable and sympathetic to the Muslim community and its religious requirements, and this party’s adversary is hostile towards Muslims, then it will be ermissible, and even necessary to vote for the party which pledges to safeguard the rights of the Muslim community. Recently in India, it had become almost Waajib to vote for the Congress Party in view of the fact that the Hindu verkrampte party had resolved to eliminate Islam and all its vestiges from India. Voting for the secular party therefore became imperative. While voting for such reasons will be valid, Muslims are not permitted to become part of the law-making process. Back to top
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· In the Eid Salaat, the Imaam forgot to recite the three Waajib Takbeers in the second raka’t. Is the Salaat valid?
The Salaat is valid. Back to top
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· Is it permissible to make dua for the inmates of the entire qabrustaan while standing at the entrance?
It is permissible. It is also permissible while passing by on the outside to make dua for all the amwaat (deceased) of the qabrustaan. Back to top
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· What are the requirements for a trustee of a Musjid or Madrasah or to be the Amir of the Muslim community of a town?
A trustee should be an uprighteous, pious male. His salient features will be: Regular performance of the daily Salaat with Jamaat; Islamic appearance—full beard and Islamic dress; adequate Deeni knowledge pertaining to the affairs of the Musjid. If he lacks adequate knowledge, he has to incumbently function after obtaining the ruling from the Ulama. It is not permissible to appoint a faasiq to any position of trust. Examples of fisq are shaving or trimming the beard; wearing the trousers below the ankles; dressing in kuffaar garb; irregular with Salaat; gambling; habitually speaking lies; indulgence in gheebat; violation of Hijaab; disobedience to parents, causing distress to them; dishonesty, and generally acting in flagrant violation of the Shariah. Those who persistently commit these kinds of misdeeds are unfit for positions of trust. It is not permissible to appoint such unqualified men. Back to top
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· Is it permissible for men to shave the hair on their legs?
Any abnormal hair-growth anywhere on the body may be shaved. Back to top
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· Is it permissible to write with a gold pen?
It is haraam to write with a gold pen. Back to top
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· A new Muslim lady’s sister’s son (2 years old) died. She wanted the child to be buried according to Muslim rites. An Imaam said that it is allowed because according to the Hadith, “every child is born a Muslim”. Is this correct?
Although every child is born on ‘fitrah’, i.e. the natural state of Imaan, technically the child born to non-Muslim parents and dying in their care, is not a Muslim. Certain laws which are applicable to the Aakhirah are not valid on earth in terms of the Shariah. A Muslim who dies under a wall which collapsed on him, dies a shaheed (martyr). However, the Shariah’s rules relating to a shaheed—one who dies on the battlefield— do not apply to the shaheed who died under a wall. Similarly, while the child is a ‘Mu’min’ in terms of the Aakhirah and sinless, he/she is not recognized as a Muslim on earth. It is for this reason that it is necessary for a non-Muslim child who had embraced Islam before puberty, to renew his/her Imaan by reciting the Kalimah after puberty. The non-Muslim child should not be given an Islamic burial. If this has already been done, there is no need to create a fuss about it. Forget about it and do not initiate a controversy. Back to top
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· There is a tragic trend here (in America). Parents kill their infants and dump them in the trash. This is the western world. A new law has been promulgated that if parents do not want their children, they may leave them at a Musjid or a Church. If parents abandon their children outside a Musjid or Church they will not be charged by the law for any crime. If a child is brought to the Musjid, should we look for Muslim parents to adopt the child or hand him/her over to some government agency?
The same practice of killing infants which was in vogue among the pre-Islam Arabs, has been introduced in another form by the western people and given legality by the laws of the land. Instead of punishing the heartless criminals, they are rewarded with immunity against criminal charges for the commission of such dastardly and barbaric acts. Muslims should accept these children and adopt them. If individuals refuse to adopt the children, it is the duty of the community to establish orphanages for the abandoned children. Back to top
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· My husband refuses to work. He is not a sickly person. I work and pay all the accounts. I have to buy the food, clothes, pay the lights, water, etc. while he enjoys himself. What am I supposed to do?
Why should your husband work and why should he not enjoy himself, when you are so obliging to maintain and sustain the spineless man? You are responsible for his evil attitude. As long as you are going to feed him, you should not complain. If he, being the man refuses to work, why do you as the wife also not refuse? Inspite of it not being your duty to feed him, you work, and inspite of it being his obligation to feed you, he refuses to work. This inversion of the compulsory natural system created by Allah Ta’ala produces all the corruption you have mentioned in your letter. Be firm and refuse to work. He will have to come to his senses. Back to top
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· My husband has pronounced three Talaaqs. When he pronounced the last Talaaq he was intoxicated. He does remember his actions, but regrets much. Should I be in my iddat?
All three Talaaqs are valid notwithstanding his intoxication. Your iddat commenced immediately after the third Talaaq was issued. Back to top
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· In our business we are daily confronted with female representatives of firms. When they come to take orders, they are generally dressed very provocatively, even in a semi-nude state. It cannot be denied that the men who have to deal with them are most certainly affected in a sexual sense. If we do not deal with these females, our businesses will suffer. In these times and circumstances, does the Shariah allow Muslim males to deal with such women?
Your averment that if you do not deal with these faahishah females your business will suffer, is a mammoth lie which you have gorged out without a thought of the Presence of Allah Ta’ala. Remember and understand well, that it is only Allah Azza Wa Jal Who is our Raaziq. Only He feeds and sustains you, your family and the rest of creation. Also understand well that Rizq is predetermined and sealed. And, further remember, that it is haraam to pursue your rizq in a haraam way. Haraam rizq is not restricted to haraam money or buying stolen property or dealing with interest. It is haraam for you to sit and deal with women who are so immorally clad. How can Allah’s rahmat descend on such businessmen who commit this type of zina and accept it as a lawful activity of the day’s activities? Zina of the eyes, tongue and heart have become accepted and lawful norms in the Muslim community today. The ghadhab (wrath) of Allah Azza Wa Jal is constantly hovering over this community whose Ulama too have become desensitised, and numb in the brains and the hearts. This evil state of affairs has induced them to abandon Amr Bil Ma’roof Nahy Anil Munkar. The total lack of fear for Allah Ta’ala has culminated in this sad state of audacious and flagrant transgression. Even immorality and zina have become respectable to those who proclaim to be the Believers in Tauheed. May Allah have mercy on us. Back to top
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· Is it permissible to wear ordinary socks under khuffain?
It is permissible. Masah on the khuffain (leather socks) will be valid even if ordinary socks are on the inside. Back to top
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· Is one’s job sufficient grounds for missing Jumuah Salaat? The non-Muslim boss refuses to allow time off for Jumuah.
A job is not valid grounds for missing this Fardh obligation. It is indeed a terrible calamity to miss Jumuah Salaat. Those in such lamentable positions should look for other employment. If Jumuah is missed, Zuhr has to be performed. Irreparable spiritual damage is inflicted on one’s Imaan by forgoing Jumuah Salaat. Back to top
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· If one does not know Dua Qunoot, what should be recited?
There is no valid excuse for not knowing Dua Qunoot. It is Waajib to memorize it. If the person happens to be a new Muslim, his problem is not restricted to Qunoot. It extends to Qiraa’t, Tashahhud, Durood and Dua as well. Until such time that he has not learnt these essential recitations, he should recite ‘Subhaanallaah’ several times in each position of Salaat. But he has to learn as quick as possible. Back to top
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· Is it permissible to speak during sexual relations?
It is spiritually harmful to do so. Islamic morality is a lofty culture which disallows all demeaning acts which besmirch the golden treasures of Aql (intelligence) and Rooh (the Soul), which Allah Ta’ala bestowed to Insaan (the human being). Back to top
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· A Muslim woman renounced Islam. She became a Christian. After some months, she regretted and re-entered the fold of Islam. What is the state of her marriage with her husband? Is she allowed to marry another man?
This woman, although having renounced Islam and becoming a murtaddah (renegade), cannot marry another man after her re-entry into Islam. She has to compulsorily marry her husband. A new Nikah has to be performed between them. Back to top
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· What is the position of the wife of a totally insane man. He became insane and inspite of medical treatment remains insane. What is the Shariah’s procedure for this wife?
If the husband is truly insane and the wife desires to have the marriage annulled, she should approach the Ulama committee in her town and apply for annulment. After proper investigation, and following the Shariah’s procedure, the marriage will be annulled. After annulment, she has to wait for expiry of the iddat before she can marry another man. Back to top
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· If during Salaat, one’s cell phone rings, and one switches it off with one hand, will it affect the Salaat?
In the first place the cell phone is not supposed to be on during Salaat. People have become grossly careless. They do not understand the importance of Salaat. They fail to understand that they are in the Presence of Allah Ta’ala when performing Salaat. The degree of their deliberate disdain for the Salaat is the fact that the ringing tone of many cell phones of musallis is haraam music. They lack the slightest vestige of shame, and are devoid of fear for Allah Ta’ala, hence they compound their haraam with more haraam. The ringing and musical chanting of the cell phones in the Musjids have become a real menace. When it is haraam to recite even the Qur’aan Majeed loudly in the Musjid, with what phrases should we slate the evil musical voices of shaitaan which frequently erupts in the Musaajid? When the phone rings, there is no option other than to switch off the confounded instrument with as minimum movement as possible. Switch off the shaitaani disturbance and continue to complete the Salaat. Thereafter, repeat the Salaat immediately if it is Zuhr, Maghrib or Isha. If it is Fajr, then repeat it after sunrise. If it is Asr,
then repeat it after the Sunnats of Maghrib. These cell phones in the Musjid are not only a nuisance, they in fact, portray the musallis’ scant respect for Allah’s House and for the highest institution of Ibaadat, viz., the Salaat. Back to top
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· Someone says that in order to aid the victims of the Tsunami floods it is permissible to bond one’s property to obtain loans which may be used for the benefit of the victims. In view of the need, it becomes permissible to pay interest on the loans. Please comment.
Rasulullah (sallallahu alayhi wasallam) said that at the approach of the Hour, the ignorant will refer to their ignoramus so-called molvis, muftis and sheikhs for ‘fatwas’. These juhhal issue ‘fatwas’ of jahaalat (ignorance). They will be astray and they will lead others astray into the Fire of Jahannum. The ‘fatwa’ which you have cited belongs to the ‘fatwas’ of jahaalat which the juhala of this age are adept in. Back to top
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· ‘Ahava’ is clay soil from the Dead Sea region. It is used as a skin treatment or for beauty. Is it permissible to use this substance?
Rasulullah (sallallahu alayhi wasallam) forbade the Sahaabah from even lingering in these places which were destroyed by the sudden and swift punishment of Allah Ta’ala. Food which was cooked with water from the accursed region was ordered to be spilt. Those who had made wudhu with water of this unfortunate region of curse, had to repeat their wudhu. Nabi-e-Kareem (sallallahu alayhi wasallam) and Hadhrat Ali (radhiyallahu anhu) during his Khilaafat, forbade performance of Salaat in such regions which were effaced by the Chastisement of Allah Ta’ala. How can a Muslim ever use the accursed filth of such destroyed regions for medical or beauty treatment? ‘Ahava’ and all the accursed substances from the accursed Dead Sea region are haraam to use. Back to top
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· In a partnership business is it permissible to give the working partner a fixed salary in addition to his share of the profit?
Such a stipulation invalidates the partnership. This fixed ‘salary’ is not a lawful salary in terms of the Shariah. It is ribaa. Partners, whether active or dormant, are entitled to only a share of the profit. A higher share may be fixed for the working partner. Back to top
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· The only asset which a woman has is a gold bangle which weighs less than 7 tolas (just over 100grams or 2.8 ounces). The value of the bangle is more than the silver Nisaab of Zakaat. Does she have to pay Zakaat? Can she accept Zakaat, seeing that she is in need?
Zakaat is not Waajib on her. She may accept Zakaat. Back to top
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· A man took out an insurance policy for his wife. She is the sole beneficiary. After he died, the insurance company paid out a large sum to the wife. Can she accept this money for herself in view of her poverty?
She may not use the interest inspite of her poverty. The interest has to be compulsorily given to other poor persons. The actual amount which her husband had contributed towards the insurance policy is part of his estate which belongs to all the heirs according to their respective inheritance shares. Back to top
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· A man has made the upper floor of his house Waqf for a Musjid’s expenses. Is this valid?
Yes, it is valid. The upper floor has to be hired out and the income given to the Musjid. Back to top
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· It has been said that since Shiahs also call their places of worship other than Musjids, Jamaat Khaanahs, we should no longer call our places of worship Jamaat Khaanahs, but name our places of worship which are not Musjids, Musalla. Is this good logic?
In term of this logic we shall have to coin other words for Allah Ta’ala, for Musjid, for Ambiya, for Salaat, for Zakaat, for Hajj and for a myriad of things. This logic is fallacious. There is no need to abandon the term, Jamaat Khaanah. Back to top
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· Is it permissible to burn hairs and nails removed from the body? May these be flushed down the drain?
Hair from the head and nails should neither be burnt nor flushed down the drain, nor should they be thrown away. The Shariah orders that hairs and nails be buried. Flushing down the drain like waste matter, can lead to sickness. People who practise sihr, may use the hairs for evil purposes if they find it. Islam orders burial for one’s own safety and also to honour these items which are part of the human body. Back to top
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· What is the ruling of the Shariah regarding a son who has severed relationship with his father and is not on speaking terms with him because of worldly reasons?
This crime even if related to Muslims who are outsiders is exceptionally evil. The consequence are dire in both this world and the Aakhirah. When related to one’s own father, there are no words to describe the villainy of such a son. The general ruling of the Shariah pertaining to this crime even regarding outsiders is mentioned as follows in Jam’ul Fawaaid: “It is not halaal for a Mu’min to sever ties with another Mu’min for more than three days. After the third day, it (is Waajib) for him to meet his brother Muslim and offer Salaam to him. If he responds, then both join in the (immense) thawaab (of joining the ruptured ties). If he does not respond to the Salaam, he becomes sinful. In one narration it is added: He who severs ties for more than three days and dies (in this period), enters Jahannum.” As far as one’s parents are concerned, it is not halaal to sever ties for even three minutes. The son who commits this heinous crime, exposes himself to the ruin of his Imaan. He can be deprived of the Kalimah at the time of Maut. Back to top
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· We live in an area in which non-Muslims are the predominant residents. They object to the Athaan given over the loudspeaker especially Fajr time. What should be the reaction of the Muslim community?
The microphone is not part of any act of ibaadat. There is absolutely no need for a loudspeaker to recite the Athaan, especially if the non-Muslim neighbours around the Musjid object. It is plain ignorance to create ill-feeling and to antagonize the non-Muslim neighbours for a practice which has no Shar’i significance. The beautiful, simple, Sunnah method is for the Muath-thin to mount the minaret and proclaim the Athaan without the mic. Back to top
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· I am a girl attending university. A good Muslim boy has proposed marriage. I too am keen to marry him. But my father insists that I first complete my university career and become a doctor. I have another 3 years to go for this achievement. I am not interested in a medical career. Can I marry the boy without the approval of my father?
You have the full permission of the Shariah to proceed with your nikah. Even without the approval and consent of your father. Your father is guilty of violating the Waajib command issued by Nabi (sallallahu alayhi wasallam)—the command in which he ordered fathers to get their daughters married at the age of buloogh. Instead of submitting to this sacred command and fulfilling your haq of Nikah, your father has opened the avenue of zina for you. As such he has lost his jurisdiction over you. Go ahead, get out of the den of vice and zina (the university), and go ahead with the Nikah. The little storm will soon blow over and subside into nothingness. Let fathers take note of their villainy. Back to top
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