The Majlis Vol 28 No 09

Question The Majlis mentions in its booklet, MAKROOH, that persistence in practising Makrooh Tanzeehi transforms the act into Makrooh Tahreemi. However, some Muftis say that this is not supported by the Fuqaha. Persisting in practising Makrooh Tanzeehi does not transform it into Makrooh Tahreemi. Please explain. Answer What some Muftis have said in this regard is technically correct. Our article on MAKROOH dealt primarily with the gravity of Makrooh Tahrimi. We emphasized that according to all our Fuqaha, Makrooh mentioned in the Kutub refers to 'haraam'. That is: Makrooh Tahrimi is the same as Haraam. As far as practical expression of the Ahkaam is concerned, it is incumbent to abstain from all undesirable acts regardless of their Fiqhi designations. The Fiqhi designation of Tanzihi is not to be regarded as a licence for free commission of such acts which are describe technically as 'Makrooh Tanzihi'. The permanent Sunnah practice is Waajib irrespective of the technical categories to which the Fuqaha have assigned the ahkaam. Ibnul Mulaqqeen states in his Al-I'laamu bi Fawaaid Umdatil Ahkaam: "From the Hadith is gained the difference between Tanzeeh and Tahreem prohibition….And that (difference) in the Urf of the Sahaabah is related to Ilm. However, with regard to amal (practice), they did not differentiate in it. But they would totally abstain from Makrooh Tanzeehi and Tahreemi. Whoever has investigated their actions, statements and the principles of the Shariah will find the issue to be so." Vol.4, Our discussions generally centre around practise in daily life. In the course of such discussion, we do not adhere strictly to technicalities which are misunderstood and even mis-applied by the masses and even by most molvis of this age. Anything disliked and discouraged by the Shariah is to be shunned. It may not be practiced on the basis of it not being a sin technically. Thus, regardless of the Fiqhi classification, giving practical expression to it is abominable, and despite it not being a sin in terms of the Fiqhi classification, the perpetrator shall rue his commission on the Day of Qiyaamah. There are innumerable episodes of 'punishment' in the dunya and in Aakhirah for acts which in terms of Fiqhi classification are not sinful. What do the Muftis say about a man who exclaims: "The yoghurt of Hindustan is tastier than the yoghurt of Madinah."? What do the honourable Muftis rule? While the Muftis who fail to apply their brains constructively will say that it is "not sinful", hence no punishment, Rasulullah (Sallallahu alayhi wasallam) by means of 'Kashf', reprimandingly said to the Buzrug: "If the yogurt of Hindustan is tastier than the yoghurt of Madinah, then The dua after Fardh Salaat is not a congregational dua. It is a silent dua to be observed individually. One does not have to begin the du'a, when the Imam begins nor do you have to end your du'a when the Imam finishes his du'a. This is meaningless. Make your own du'a; ask for your own needs of this dunya and Aakhirah; make Arabic du'a's; make du'a in your own language. Only you know your own needs. Therefore, make your own du'a. Remember, after Zuhr, Maghrib and Esha, when Sunnah Mua'qadah Salaah has to be performed, to make a long du'a after these three Fardh Salaah. The du'a should be very brief. Some people, due to ignorance, sit and make long du'a and recite wazza'if after Zuhr, Maghrib and Esha Fardh. The Mas'alah of ittisaal applies. That is, the Fardh and Sunnah Mua'qadah Salaah are connected. There should not be any unnecessary delay between the performance of both. According to some Fuqaha, if you lose this connection of prompt performance of Sunnah Mua'qadah immediately after the Fardh Salaah, the Muakkadah Salaat is lost. Then the Salaat becomes Naf'l. After the 2 Rakaa'ts of Sunnah Mua'qadah after Fardh of Zuhr; the 2 Rakaa'ts of Sunnah Mua'qadah after Fardh of Maghrib and the 2 Rakaa'ts of Sunnah Mua'qadah after Fardh of Esha, it is necessary to make a very short du'a and then immediately perform the Sunnah Mua'qadah. Do not speak or engage in even Deeni talk, for you will then lose the thawaab and the status of the Salaat will be changed to that of Nafl. After the Sunnats and Nafl, you may engage in dua as musch as you desire. Q. I gave an amount as Zakaat. Afterwards when I calculated, I found that I had given about R3,000 more than my actual Zakaat. May I regard this R3,000 as an advance payment for next year's Zakaat A. Yes, the R3,000 may be deducted from your next year's Zakaat. However, if you were aware of the extra amount and gave it as Sadqah, then you may not change your intention to Zakaat after having given the money to the poor. Q. A man has a voluntary pension fund. He as well as his employer contribute monthly to the fund. The man has no access to the funds currently. Is Zakaat incumbent on the amount in the fund? A. Zakaat is Waajib on the amount he has contributed regardless of him having no immediate access to the money. Zakaat is not currently incumbent on the amount his employer has contributed. Furthermore, if the money is being invested in some interest generating business, as is usually the case, then the interest amount must be given to the poor when the policy matures and he receives the money. Q. Is long term debt such as a bank loan payable over ten years, deductible from wealth for Zakaat purposes? A. No! Only the instalment which is due may be deducted. Since there is no demand for payment regarding long term debt, it may not be deducted. Q. The Sadqah Fitr amount in the country where I live is about $10 (US). In another country the Fitr amount is $2. If I send $2 to that country will my Fitrah obligation be discharged? A. No! It will not be discharged. You have to pay the $10 Fitrah amount of your country even if you send it to the other country. Q. Is it permissible for one person to give his Sadqah Fitr to two poor persons? A. While this is permissible, the best method is not to split one's Fitrah. One full amount should be given to one miskeen. Q. Is it permissible to give the Sadqah Fitr of several persons to one miskeen? A. Yes, it is permissible. Q. Our organization wants to give Zakaat and Fitrah funds as loans to the poor. Is this permissible? A. The Zakaat and Fitrah obligations will not be discharged by means of loans to the poor. They have to be made the owners of the funds. Q. Although Hajj was Fardh on my deceased father, he did not make wasiyyat for Hajj-eBadal to be performed. If I want to perform Hajj on his behalf, what will be the status of the Hajj and of my father? A. You may perform Hajj with your own money for your deceased father. Supplicate to Allah Ta'ala to forgive your father, and hope that your Hajj will be accepted by Allah Ta'ala in lieu of your father's Q. I recently attended a program at Masjid Furqaan in Houghton. I am concerned about the lack of privacy in the women's section. The area is quite open, and men are able to see the women walking to the upstairs section. Currently, there are only simple sheets hanging that are easily removed. Given that the masjid is well-funded and frequently invites women to programs, I believe they could improve the purdah facilities. Should women attend programmes and perform Salaat in this Musjid? A. It is not permissible for women to attend any Musjid, not even for Salaat. The prohibition is much more em- phasized for programmes which deviate molvis organize for luring women out of their homes. Those who lure females out of their homes under guise of deen are real scoundrels who act in flagrant violation with the commands of the Shariah. You should not attend any programmes at the Musjid even if the scoundrels agree to install a proper separating facility. Their separate facilities for ladies are a satanic farce. Any practice in contravention of the Shariah's ruling will be shaitaani regardless of the deceptive deeni colour with which the scoundrels attempt to camouflage the haraam practice. unfulfilled obligation. May Allah Ta'ala forgive your father. Q. When does the rights of parents over their daughter cease? Is it when she gets married? A. Your query is incongruous. The rights of parents, the rights of children and the rights of the husband and wife never stop. The rights of neighbours and relatives as well as the rights of people in general and of animals always remain. However, when there is a clash between persons of Huqooq (Rights), the Shariah will be the determinant. It is not permissible to attend to the rights of anyone in such a manner that the rights of another are trampled on. Q. I would like to seek your guidance regarding the permissibility of using a store fidelity card under the following circumstances: There is a shop that sells a fidelity card in the customer's name. By purchasing this card, the holder is entitled to receive discounts of approximately 50% on items in the shop. If I purchase this fidelity card in my own name, would it be permissible according to Shariah for my sister to use the same card so that she may also benefit from the discounts, even though the card is registered to me? A. Purchasing the card is haraam. The 'fidelity' card is a gambling ticket. Q. What is the Islamic way of celebrating Eid? The widespread custom is to meet extended family, have parties, wear new and fancy clothes, give each other gifts, etc. What does celebration mean? A. Eid is an auspicious day. There is no Masnoon 'celebration' for this day. The only difference between Eid and other days is Eid Salaat and Qur'baani. All activities associated with Eid days mentioned by you, are baseless innovated customs. While new clothes, if affordable, are permissible, fancy and fashion clothes motivated by riya and takabbur are haraam. Remain at home and make not a display of yourself and your family in the ways acquired from the Yahood and Nasaara. 'Celebration' is their speciality. For us, it is a Day of Ibaadat. Q. I am in Sri Lanka and follow the Shaafi' Math-hab. Will Qur'baani of one animal suffice for the whole household? A. According to the Shaafi Math-hab it is permissible for the head of a house to make Qur'baani of one animal on behalf of the entire household. This will not be permissible if the people are not members of the family who are being supported by the head of the house. Q. The Imaam recited an Aayat of Sajdah, but forgot to make Sajdah immediately. After reciting many Aayats, he remembered and made the Q. A lady 'mufassirah', Dr Farhat Hashmi has issued her fatwa that a woman's I'tikaaf is valid only in a Musjid, not at home. She substantiates her fatwa with the fatwa of Sheikh Bin Baaz. Is this fatwa correct? A. The poor aunt is lost and astray. She is a jaahilah, not a mufassirah. The jaahilah's brains are stunted as an effect of her voracious craving for exhibition and prominence. Whereas the natural role created for her by Allah Ta'ala is the home, this misguided aunt led on the noose by Iblees has set herself up as an authority of the Shariah. People should beware of her deceptive 'tafseer' inspired by Iblees. Only a thorough jaahilah has the temerity to utter the nonsense she has disgorged regarding I'tikaaf for females. Through the long history of Islam, the Fuqaha have taught that females should observe I'tikaaf at home. Now in this era of Aakhiruz Zamaan there mushrooms a jaahilah who advertises herself as a 'mufassirah' to deceive women. Shall the women of the Ummah follow the established practice of the Ummah or the stupid view of a stupid aunt? To save them from being deviated from Siraatul Mustaqeem, Muslim women should not listen to the propagation of this jaahilah who is in fact one of the agents of shaitaan. Q. If mistakenly one makes Sajdah Sahw after having made two Salaams, will it be valid? A. Yes, the Salaat will be valid although the Sajdah should be made after one Salaam. Q. If Surah Faatihah is repeated before reciting a Surah, should Sajdah Sahw be made? A. Yes, Sajdah Sahw is Waajib. Q. Tashahhud was repeated in the last Qa'dah. Was Sajdah Sahw necessary? A. Sajdah Sahw is not incumbent. However, if Tashahhud is repeated in Qa'dah Oola (first sitting), then Sajdah Sahw is Waajib. Q. My deceased father did not complete all his Qadha Salaat. He also did not make wasiyyat to pay the fidyah. What can I do for discharging his obligation? A. Since he did not make a wasiyyat, you may give Sadqah on his behalf and make dua for his maghfirat (forgiveness). Q. A group on safar (journey) missed Fajr Salaat. If the group makes Qadha in Jamaat during the daytime, how should the Imaam recite the Qir'aat? A. The Imaam should recite Q. Is it permissible for a boy and girl to have an e-mail communication if the intention is marriage? The purpose of the communication is to ascertain if there is compatibility A. All kinds of pre-marital contact and communication are not permissible. Compatibility cannot be established by e-mail communication. Information pertaining to character, compatibility, etc. should be acquired by the parents/relatives/friends. Premarital contact, even by email, is a stepping stone for zina. It is a kind of zina. Such communication will generate frivolity and shahwat (lust). E-mail communication will be permissible in exceptional cases where there are no parents, relatives and friends to institute investigations on behalf of the couple intending marriage. Such scenarios exist with converts. We receive many letters from adults from different countries. They have embraced Islam. They have no relationship with the Muslim community and no Muslim relatives. Some are prisoners. For them e-mail contact is the only way of communication. But, e-mail communication is not a license for the boy and girl to communicate freely and at will. Such contact applies to people who have no parents, no Muslim relatives and no way of ascertaining anything about the females whom they wish to propose to. As far as our kind of society is concerned, it will not be permissible for a boy and girl to communicate even by e-mail when they have parents and senior relatives who can make investigations. However, there are some issues which parents may want to discuss by email, and which may be embarrassing to discuss face to face, hence e-mail is best for the seniors. Sajdah. Was he supposed to make Sajdah Sahw for this delay? He did not make Sajdah Sahw. A. The Imaam had erred. Sajdah Sahw was Waajib for the delay of more than three Aayats. A delay of three or less Aayats will not make Sajdah Sahw incumbent. the Qiraa't jahran (audibly). Q. What is the status of the Salaat of a person who is in a coma for many months? Should he make qadha after emerging from the coma? A. There is no qadha for Salaat if a person was unconscious for 24 hours or more. Q. If a man dies whilst intoxicated, should Janaazah Salaat be performed for him? A. Janaazah Salaat remains Waajib even if he died whilst intoxicated. Q. A person joined the Salaat late. He recited Takbeer, and as he was moving towards sitting, the Imaam made Salaam. What should he do? A. The Masbooq (the latecomer) should sit and complete Tashahhud. Q. What should the Masbooq Q. Is it Sunnat to shake hands when sitting down in a saff? I have noticed that some musallis always shake hands with adjacent musallis when they sit down in the saff A. They are ignorant. It is a bid'ah custom. It is not permissible. Q. A village has expanded to the extent that its houses adjoin the city. What is the status of Jumuah for the village folk? A. In this case, Jumuah is Fardh for them. Q. Is it permissible to invest in the Killarney Property investment scheme? A. It is a haraam scheme. Investing in this company is not permissible. In fact it is not permissible to invest in any company. All of these socalled investment companies are haraam donkey entities. The so-called 'profit' is nothing but riba. Q. The deceased had made wasiyyat of Hajj to be performed for him. However, one third of the estate does not cover the expensive Hajj of today. What should be done? A. If one third the value of the estate is insufficient for the Hajj expenses, the heirs may voluntarily contribute from Question Some Muslim businessmen are contemplating to establish a Muslim retirement village. Please examine the model and advise if it is compliant with the Shariah. (The model was provided – The Majlis) Answer 1) The very first step for the 'group of businessmen' is to examine their niyyat. What is the objective for their desire to establish a 'retirement village'? If the desire is anything other than thawaab and gaining the pleasure of Allah Ta'ala, then the venture will be devoid of any barkat even if it is constructed correctly according to the Shariah. Thus Ikhlaas is vital and of utmost importance. 2) If Ikhlaas is the true motivating factor, then the next step is to ensure that the project is 100% compliant with the Shariah. 3) If the project is not in strict compliance with the Shariah or it cannot be constructed to fit into the Shariah, then it must be compulsorily abandoned. 4) The entire model you have presented is in total conflict with the Shariah. The degree of its corruption does not even admit changes to attempt the acquisition of compliance with the Shariah. 5) Any project of the nature contemplated could be operated with Zakaat and Lillah funds. Allah Ta'ala has blessed these businessmen with millions and even billions. They should spend solely for the sake of Allah's Pleasure. He will grant barkat, and operational costs will be forthcoming at the juncture when required. The need is for tawakkul on Allah Ta'ala. Work on the project should be initiated on a small manageable scale and expansion should be gradual. When Allah Ta'ala accepts a project, He will make available the means for its operation and expansion. recite in the Imaam's last qa'dah after having recited Tashahhud? Should he also recite Durood and Dua? A. No, the Masbooq should recite only Tashahhud. He may also repeat Tashahhud until the Imaam makes Salaam. He should not recite Durood and Dua. Q. When should the Qaarin make Tawaaf-e-Qudoom? A. The Qaarin should make Tawaaf Qudoom after he has completed Umrah. Q. During a heated argument with my wife, she demanded: "Give me my Talaaq!". She said so several times. In response I said: "I have granted it." Is this a valid Talaaq? A. Your statement: "I have granted it", in response to her demand for divorce constitutes One Talaaq. However, their own money the shortfall to have the Hajj performed. Also, someone living in Makkah could be appointed to perform the Hajj. The exorbitant/exploitive haraam cost will then be substantially minimized. since it is Talaaq Raj'i, you may revoke it and reconcile with her. The revocation should be before expiry of the Iddat period. Also remember that although the Talaaq can be revoked, it will always remain suspended. That means that if at any time in future you issue two Talaaqs, the marriage will finally end. Then revocation and reconciliation will no longer be valid. Q. Can one Qur'baani be made for many deceased persons? A. The Qur'baani of one animal will be your Qur'baani. However, the intention may be made for the reward (thawaab) to be for numerous deceased persons. Q. I have some Ramadhaan qadha fasting to do. I intend fasting the first 9 days of Zil Hijjah. What niyyat should I make? A. You have to make niyyat of Qadha for the outstanding Fardh days when fasting during these days of Zil Hajj. Qadha takes precedence over Sunnat fasting. Q. If a cat drinks water/milk from a dish, how should it be purified? A. The utensil from which a cat drank should be washed before using it. Q. When should the Eid Takbeer be recited? A. The Takbeer is called Takbeer Tashreeq. This Takbeer is recited once audibly after every Fardh Salaat starting from Fajr on 9th Zil Hajj, and ending Asr on 13th. Q. Can one person recite the Question We have received this message. Please let us know if this is authentic and can be practiced upon. What are the correct practices at the mayyit house to be done? The message reads: "This afternoon I attended a mayyit and was fortunate to get some nasiha from Apa Anisa Motala which I wish to share. Apa advised that as soon as the mayyit is taken for janaza and burial we should all speak good about the deceased. She enumerated a few good qualities of the deceased and asked us all to say at least 1 good thing about the deceased to the person sitting next to us. She said something to this effect that if 40 people speak good about the deceased it is wajib for Allah Azza WaJal to grant the deceased a good reckoning. She also asked us to read 250 times surah ikhlaas with bismillah and make esale sawaab for the deceased. She said when we at the mayyit we are out in the path of Allah and if one reads 250 surah ikhlaas or 250 times 1000 ayaat we will be raised with the sidiqeen, shuhada and saaliheen. She said if daily we make intention when we are cooking, cleaning that we doing it for the pleasure of Allah and in Allah's path and we read 250 surah ikhlaas we will also get the status of sidiqeen, shuhada and saaliheen. She also advised that we make wasiya to our men folk that after they bury us they must remain by our grave for about 1 and half hours and make esale sawaab for us, as this is the most crucial part of our barzakh and the esale sawaab will help us with our answering of the munkir and nakir. The dead person is like a drowning person who is seeking help and the esale sawaab will be of help. May Allah grant me the taufeeq to practice first." Answer The aunt is a jaahilah who is too big for her boots. Shaitaan is using her to create a bid'ah custom. Shaitaan approaches and traps via seemingly 'deeni' channels. What the jaahilah aunt is endeavouring with her stunt has no relationship with the Sunnah. What she is propagating is not Sunnah for practicing at a Janaazah. There is no specific Sunnah practice to observe at the house of the mayyit. The Sunnah is to hasten with the burial. There is no collective dua or talk or feasting, etc. for this occasion. All customs frauded on this occasion are shaitaani acts of bid'ah. son may lead the Salaat. Q. Is it better for the Qaarin to perform the Saee of Hajj after Tawaaf Qudoom or after Tawaaf Ziyaarat? A. It is afzal (preferable) for the Qaarin to perform the Saee after Tawaaf-e-Qudoom. Q. Should the Qaarin stop reciting Talbiyah before Tawaaf Qudoom? A. The Qaarin should continue with Talbiyah even before Tawaaf Qudoom. Q. A mufti says that in Kitaabul Meeraath published by Mujlisul Ulama, the mas'alah regarding inheriting from a murtad is incorrect. According to this mufti, only the portion of his wealth which was earned whilst he was still a Muslim will be inherited by his heirs, not the amount he earned while he was a murtad. Is this correct? A. The Fatwa of our Math-hab is on the ruling of Saahibain (Imaam Abu Yusuf and Imaam Muhammad – Rahmatullah alayhima). The view stated in our Kitaabul Meeraath is correct. Q. I buy and sell cars. I give a car to a dealer who will sell it for me. For example I say that I want R50,000 for the vehicle. He may sell it any price and take whatever is in excess of the R50,000 I have stipulated for myself. Is this transaction permissible? Someone said that it is not permissible. A. The deal is permissible. However, the condition is that there should be no argument/ dispute. The owner should Q. A Salafi says that the Hadith, "Keep your children from your mosques", is baseless and fabricated. He claims that it is not a Hadith of Rasulullah (Sallallahu alayhi wasallam). Is his claim valid? A. Understand well that Salafis are morons. They dwell and flounder in jahl murakkab (compound ignorance), hence they are always prone to disgorge mullock. The Aimmah Mujtahideen and the Fuqaha have cited the Hadith as the basis for deducting a hukm of the Shariah. Hence, regardless of what later Muhadditheen may have classified the narration, the view and ruling of the Fuqaha are of prior and greater importance. The very utilization of a Hadith as a mustadal (basis of deduction) by a Faqeeh is the evidence for the authenticity of the Hadith notwithstanding the classification of the later Muhadditheen. The Mujtahideen Fuqaha appeared on the horizon of Islam long before the era of the Muhadditheen. The Fuqaha were not reliant on the non-existing later Muhadditheen for the deduction of Masaa-il from the Qur'aan and Hadith and for the systematic formulation of the Shariah. The process of establishing the Ahkaam was effected by the Aimmah Mujtahideen long before the birth of Imaam Bukhaari, Imaam Muslim, etc., etc. It is therefore only pure stupidity to question the Mustadallaat of the Aimmah Mujtahideen. The acceptance of a Hadith by the Fuqaha-eMujtahideen is the best evidence for the authenticity of the Hadith regardless of what the later Muhadditheen may have classified the narration. The Hadith prohibiting children and mad people from the Musaajid is authentic and the Fuqaha have based the ruling of prohibition on this Hadith. Furthermore, the very Hadith in which children and madmen are mentioned also couples with the prohibition trading, raising of voices, drawing of weapons and meting out punishment. All these acts are forbidden in the Musaajid. not later claim more if the item was sold at a high price. Q. I have some Ramadhaan qadha fasting to do. I intend fasting the first 9 days of Zil Hijjah. What niyyat should I make? A. You have to make niyyat of Qadha for the outstanding Fardh days when fasting dur- ing these days of Zil Hajj. Qadha takes precedence over Sunnat fasting. Q. There is a senior Khalifa of shaykh of the khanqah who goes for hajj every year. This year his hajj cost close to R800 000 only for few days last flight out. There is a rich guy who pays for his hajj al- most every year and all his umrahs during the year around, 6 umrahs a year. He motivates others also to come with him for umrah and hajj. Is this the way of our akaabir or is this the way of siratal mustaqeem? A. The khalifah sahib is astray. Shaitaan and the nafs have trapped him into a wasteful practice, and that too at a time when the entire Ummah is ablaze with the misery of extreme poverty, starvation, jahaalat, humiliation and sinking in the quagmire of sin and transgression. While the Ummah is burning universally, this jaahil has the stamina for squandering so much funds in acts which are not even 'nafl' for him. He is plodding the path of dhalaal. His way is never the Siraatul Mustaqeem. The rich guy is also an agent of Iblees. His earnings most probably are haraam, hence he derives pleasure wasting his money in haraam avenues. That is why he does not gain the taufeeq to divert the huge amounts to the suffering Muslims. But he derives pleasure from shaitaani Israaf (squandering) which gives him pleasure, and this is the sign of haraam earnings. The khalifah is manipulating the rich guy with his superficial deeni front. Q. May scented medication be applied before donning Ihraam? A. Before donning Ihraam, the medication may be applied. Q. Can I make Qur'baani for my sister who is alive? A. The permission of the living person is necessary for making Qur'baani on her behalf. Q. Can I pay Zakaat with the merchandise I am selling? I will give it to the poor. A. Zakaat may be paid with stock. Q. How much Zakaat should be paid on a krugerrand? A. 2.5% of the value of the kruger coin must be given as Zakaat. The price today of a kruger coin is R80,000. The Zakaat on one kruger rand is therefore R2,000. Q. A woman is making Qur'baani. Can she remove hair and cut nails after her animal is slaughtered although she is still in the state of haidh? A. She has to wait until her haidh period ends. After purification should she remove the hairs. Q. I would like some Islamic guidance regarding some- thing sensitive. If a person openly visits witch doctors/ traditional healers for spiritual rituals, pays for sacrifices, and buries certain items in the yard for spiritual protection or influence, is it permissible to say that this falls under sihr or haram practices in Islam? A. A person who visits kuffaar witch doctors and submits to their haraam shaitaaniyat loses his Imaan. He is no longer a Muslim. Q. My baaligh stepson was one of the two witnesses at my nikah which was performed privately. I became a man's second wife. Is my Nikah valid? A. Since your stepson was an adult (baaligh), he was a valid witness. Q. I am a Hanafi who married without the consent of my father. They say that my Nikah is not valid and that I am living in zina. Is this true? Q. In his Kitaab on amiliyaat, Hadhrat Maulana Ashraf Ali Thanvi (Rahmatullah alayh) mentions about Ta'weez for creating enmity between two persons. Salafis are making a hue and cry about Ta'weez, and they specifically single out this Ta'weez to criticize Hadhrat Thanvi. How should we respond? A. You should not waste your time to disturb your peace of mind by disputing with the moron Salafis. The- se morons claim that Ta'weez of any kind is 'shirk', despite the fact that even the Sahaabah resorted to Ta'weez. Causing enmity for a valid reason is permissible and even rewardable. Consider the example of your daughter being involved in an illicit relationship with a kaafir man; consider your son in a homosexual relationship with a kaafir man. To separate them and to save their Imaan it will be permissible to resort to methods to create enmity between them. A. Although it is sinful to marry without the approval of your father, nevertheless, the Nikah remains valid according to the Hanafi Mathhab. Q. I had purchased Sasol shares for R3,000. Today the value is over R60,000. What is the Shariah's status of these shares? Can I use the gain for myself? If the gain is haraam, can I use it to pay Sars? A. The entire gain of the Sasol shares is riba and haraam. The money you had invested in the company is just like buying a gambling ticket. The money thus invested is lost. The initial investment of R3000 is lost. The initial R3,000 was the price for the haraam gambling/riba ticket. Use all the money to pay SARS, rates and taxes. Do not use even one rand for yourself. Q. Should purdah be observed for the wife of one's uncle? A. If the uncle's wife is not your aunt, then purdah is Waajib. Q. Is breast reduction permissible for a young girl whose breast are very large? A. Breast reduction is haraam. It is termed in the Qur'aan Taghyeer li khalqillah (Changing the creation of Allah) which the Qur'aan mentions is an act of shaitaan. Q. Is it permissible to appoint a clean-shaven man to give the Athaan? A. It is not permissible to allow a faasiq to recite the Athaan. Q. If I invalidate a four raka't Nafl Salaat after performing one raka't, how many raka'ts qadha should be made? A. Qadha of two raka'ts are necessary. The four raka't intention made is not valid for four raka'ts Nafl. It is valid for only two raka'ts. However, when the musalli rises to perform the third raka't, then his entry into the third raka't will be regarded as a new intention for another two raka'ts. Q. A large amount was fixed as Mahr. However, for some reason, the husband gave Talaaq before consummating the marriage. Should he still pay the Mahr? A. Half the fixed amount is Waajib if Talaaq is issued before consummation. Consummation in the context is not restricted to actual sexual relations. Mere privacy with the woman is also regarded as consummation. Q. One Talaaq Baa-in was given. If the husband (now ex-husband) insists on marrying her within the Iddat period, does the woman have the right to refuse? A. Talaaq Baa-in immediately ends the Nikah. If the now ex -wife consents, a new Nikah may be performed. Without her consent, she cannot be compelled. Q. Is Jumuah Salaat in the jamaat khaanah on the business premises valid? There is a nearby Musjid. Some perform in the jamaat khaanah. The jamaat khaanah is not open to the general public. A. Jumuah Salaat is not valid in the office 'jamaat khaanah'. Those who had performed Jumuah in the office environment should make qadha of Zuhr. They have to compulsorily attend the Musjid for Jumuah. Q. I made a vow to give an amount as Sadqah if a certain need is fulfilled. Will it be valid to give the Sadqah before the need has been fulfilled? A. The Sadqah given before the vow is fulfilled will not discharge one from the vow. The amount must be given after fulfilment. Q. The Maktab Association invites its female teachers to participate in meetings. Males teachers are also present. However, the females are completely screened off. There is no intermingling. Is this scenario permissible? A. It is haraam for female teachers to be present at the meeting. The Maktab Association indulges in fisq. Regardless of the separation, it is not permissible for females to participate in a meeting where there are men. Q. Some Ulama say that it is not permissible to fast on 9th Zil Hijjah when it is Eid in Makkah although for us it is not yet the 10th. Is this cor- Rasulullah (Sallallahu alayhi wasallam) said: "I guarantee a palace in the middle (prime site) of Jannat for the one who abandons a dispute despite being on rectitude (i.e. despite having a valid claim)." rect? A. The so-called 'ulama' are morons, hence they speak gibberish. Regardless of it being the 10th in Makkah, follow the dates in your country. Q. Is it permissible for males to fashion their hair into braids? A. Braids are haraam for males. Q. I forgot to apply water into my nose during a Wajib ghusl. Then I performed Salaat. What should I do? A. You have to put water into your nose, then repeat the Salaat. Q. In our country (India) it is considered Sunnah to eat the trotters of the Qur'baani animal ten days after the 10th Zil Hijjah? Is it Sunnah. A Hadith of Hadhrat Aishah (Radhiyallahu anha) is cited to substantiate this custom. A. The person has misunderstood the Hadith. It is not Sunnat to consume trotters 10 days or 15 days after the 10th. The purport of the Hadith is to state the permissibility of preserving Qur'baani meat. At one time it was forbidden to keep Qur'baani meat for longer than three days. All the meat had to be consumed within three days. In the Hadith of Hadhrat Aishah (Radhiyallahu anhu) is mentioned the permission to keep Qur'baani meat after three days. In other words she referred to the cancellation of the early prohibition. Q. I am saving money to build a house. Will Hajj be compulsory on me? A. If you have not yet performed Hajj, then if during the months of Hajj you have sufficient funds to perform Hajj, then Hajj will be Fardh for you. Q. If a bid'ati while slaughtering an animal mentions the name of his peer (guide) after reciting the Tasmiyah, will the meat be halaal? A. If he takes the name of only Allah Ta'ala when slaughtering, the meat will be halaal. If he adds the name of a peer, the meat will be haraam. Q. Are braids and dreadlocks permissible for males? Will their ghusl be valid? A. Braids/ dreadlocks for men are haraam. Ghusl will not be valid. Q. Are nose rings permissible for males and females? A. Nose rings are haraam. For a man is doubly haraam. Q. What is the status of a person who makes a mockery of any aspect of the Deen? For example, he mocks at the beard or the miswaak. A. The person who makes a mockery of the Deen loses his Imaan. He has to renew his Imaan and his Nikah. His Nikah is automatically cancelled. Q. Is it permissible to work in a bank's IT department? A. It is not permissible to work for a bank in any department. It is like working in the IT department of a brothel or of a liquor firm. Q. Is it Sunnat to make dua collectively after burying the mayyit? A. The collective reciting of dua at the grave is bid'ah. Q. Is it Sunnah to fix a tree branch/twig on the grave after burial? A. If placing a branch of a tree on the grave has become a custom, then it is bid'ah. Q. Is it permissible to discuss Musjid management affairs inside the Musjid? A. Such discussions inside the Musjid are not permissible. They should find some other venue for worldly conversation even if it pertains to Musjid affairs. Q. A new tenant moved into an apartment. There were leftover units of electricity in the meter. The apartment was vacant for some time before the new tenant moved in. In this time, the cost of electricity per unit increased. Is the new tenant expected to pay for the leftover units at the new increased cost of units as required by the owner? Or will it suffice to pay at the old cost that the units were purchased? A. Since the units belong to the owner, he has the right to stipulate a price regardless of him having paid at the old price. Q. Is it permissible for a woman in Purdah to view her Q. I made a Vow to Allah Ta'ala that if a certain need of mine is fulfilled, I will sell my property and contribute all the money as Sadqah. Is my Vow valid? A. The Vow you have made is valid. When the need is fulfilled, then you will have to sell the property and contribute the proceeds to Sadqah. Q. For the purposes of marriage which parts of the female's body may be viewed? A. Only her face. Q. I was in Mina on the 13th Zil Hijjah. However, I did not pelt the Jamraat because I was told that pelting on the 13th is not Waajib. After returning from Hajj I have been informed that it was Waajib to pelt. Did I have to pelt on the 13th? A. While Rami (Pelting) on the 13th is optional, it becomes Waajib for the one who happens to be in Mina on 13th. You had therefore erred. You are now liable for the penalty of Dumm. A goat/ sheep has to be sacrificed in the Haraam to compensate for the omission of the Waajib act. Q. What is the status of the custom of shaking hands and embracing after Eid Salaat? A Maulana says that it is not permissible. What if people offer their hands for shaking? What should I do? A. This custom is bid'ah. It is not permissible. Politely refuse and explain that this custom is bid'ah. If the person argues, maintain silence and move on. Do not submit to his bid'ah. Q. Is it permissible to invest in a company called Rihlat Muzdahira? Is this company Shariah compliant? A. It is not permissible to invest in any so-called 'shariah compliant' companies. All of these companies are haraam donkey entities. Do not be deceived by their 'shariah' board crook molvies and muftis who peddle their Imaan for the boodle these haraam companies pay. The dividends they pay are haraam riba. Do not allow yourself to be hoodwinked by scoundrel 'muftis' who issue haraam licences to halaalize riba products. Q. We have always understood that on the Day of Eidul Adhaa it is Sunnat to first eat from the liver of one's Qur'baani animal. However, Salafis deny this being Sunnah. What is the correct version? A. Salafis are morons. Simply ignore their gibberish. It is Sunnah to first eat some of the liver of one's Qur'baani animal. Q. Will Zakaat be discharged if given to Shiahs? A. Zakaat will not be discharged if given to Shiahs. Sadqah too should not be given to them. Q. I entrusted by Qur'baani obligation to a supposedly well-respected member of our Muslim society. He delivered the meat 10 days after Eid. The meat was smelly, leaking and unfit for eating. Can I ask for my money to be refunded? Is my Qur'baani valid? A. Yes, you may demand that he refunds your money. However, in this case it will not be permissible for you to use the money. You will have to make Sadqah of the money. Q. Can an investor set up the business. ie. pay for everything involved in the setup, construction, equipment, furniture, décor, literally everything. And then sell it to person B at a profit? For example, if it costs the investor 600k to set up the business, he marks it up by 50% and sells it to person B for 900k. And person B pays him off every month until the full 900k is paid up. Is this permissible? Also does he retain ownership until all the money is paid to him? A. It is permissible to sell the assets at any price. The 'investor' will cease being owner of the assets when the sale transaction has been made. He will be entitled to only the money owed to him. Q. A married man finds his sister sexually attractive. His relationship with her is morally unsavoury. Can he be her mahram? A. Most certainly it is haraam for him to be in the company of his sister. He cannot be her mahram. There has to be strict purdah/hijaab between them. Q. A widow wants to know that if she gets married again then who will be her husband in Jannat - the first husband or the second one? A. In Qiyaamah she will be given the choice to choose with whom she wants to be. It will be her choice. Q. I purchased a business along with all the stock, equipment and with everything inside the shop. After I took possession of the business I found a big sum of money in a cupboard. To whom does the money belong? A. The money belongs to the seller of the business. Q. The divorced woman did not stay in the Iddat home. She did not observe any of the rules of Iddat. She later married. Is the marriage valid? A. It is Waajib for the woman to remain at home during her Iddat. Nevertheless, if she did not observe the rules of Iddat, then whilst she is guilty of a major sin, her Nikah will be valid. If she marries after the Iddat period, the Nikah will be valid. Q. How is a wasiyyat made? A. Wasiyyat is a bequest which is related to after death. The wasiyyat amount/asset will be paid to the person from one third the value of the estate of the deceased. You may stipulate in your Will an amount for a nonheir. This amount will be paid to the person after your death. Wasiyyat is not valid for an heir. Q. Is it permissible to give Zakaat to the Malawian immigrants who are being harshly expelled from the country? A. Zakaat may be given to any Muslim who does not have the Nisaab amount. If you are reasonably satisfied that the refugee is a Muslim and is poor, then you may give him Zakaat. Q. Is it permissible to marry one's first cousin? A. Marrying first cousins is permissible. Qur'baani animal being slaughtered if there are males present. A. To look at one's Qur'baani animal being slaughtered is Mustahab. But to observe purdah is Waajib. Purdah is not restricted to the cloak and niqaab. It is not permissible for a female to be present if there are ghair mahram males also at the venue even if she is dressed in purdah. It is not permissible to fulfil a Mustahab act if a haraam act has to be committed. "Undoubtedly, if We bestow to man from Our Mercy, then snatch it away from him, then verily, he becomes despond- ent and ungrateful." Undoubtedly, if We bestow to him bounties after adversity has afflicted Him, he will certainly say (proudfully): 'All adversities have left Me." Verily, he becomes prideful and haughty." (Surah Hood, 9 & 10) These Qur'aanic Verses depict the general attitude of ly explained by Rasulullah (Sallallahu alayhi wasallam) in the following Hadith: pride and ingratitude of most people. In prosperity they are forgetful, of Allah Ta'ala. They behave like Qaaroon believing that the state of prosperity and the bounties accompanying it are due to their expertise and effort. They thus strut in pride and haughtiness. When Allah Ta'ala snatches away the bounties and casts man into adversity, then he becomes despondent, complains and loses hope. Whereas the conduct of the sincere Mu'min is beautiful- "The Mu'min is wonder- ful. If prosperity comes his way, he makes hamd of Allah (recites the praise of Allah) and makes shukr (is grateful). If adversity befalls him, he also makes hamd of Allah, and exercises Sabr (is patient.) Thus the Mu'min is always between Sabr and Shukr. He never complains. Once Hadhrat Ibraahim Bin Adham (rahmatullah alayh) was in a ship proceeding to Makkah for Hajj. Some miscreants decided to mock and jeer him. They tugged at him; insulted him; slapped him and pushed him about. While they were enjoying themselves in this manner, Allah Ta'ala revealed to Hadhrat Ibraahim that he should verbally curse them. Allah's Wrath would overtake them and all would be drowned. In a Hadith-e-Qudsi, Allah Ta'ala says: "Whoever hurts My Wali, I give him notice of war." Sometimes Allah Ta'ala imposes His enemies over His Friends by way of trial. But He swiftly extracts vengeance and eliminates His enemies who harmed His Friend. When Hadhrat Ibraahim was inspired by way of Ilhaam to curse the miscreants, he supplicated: "O Allah! For my sake You have promised to accept my curse. I implore you, for my sake, open up their spiritual eyes so that they are saved from the spiritual calamity in which they are drowned." Allah Ta'ala accepted his dua. Hidaayat dawned on the miscreants. They all regretted and fell at the feet of Hadhrat Ibraahim (rahmatullah alayh) seeking forgiveness. Every one of them became a Wali. When Allah Ta'ala sent Hadhrat Aadam (alayhis salaam) to earth, He (Allah Ta'ala) sent Jibraeel (alayhis salaam) with three things: Deen, Aql and Beautiful Moral Character. Hadhrat Aadam (alayhis sa- laam) was ordered to take only one of these three items. Hadhrat Aadam (alayhis salaam) selected Aql. Then he instructed the other two to return to the heaven, but they refused. When Aadam (alayhis salaam) said: "Are you being disobedient?", they said: "We are not being disobedient. We have been commanded to remain constantly with Aql." Thus Hadhrat Aadam (alayhis salaam) acquired all three treasures. Aql (Intelligence) is not the effect of secular education. The natural intelligence of man even if he is not blessed with a high degree of Aql, is enhanced by Taqwa. A person bereft of moral excellence lacks Aql. Intelligence is a natural corollary of moral excellence. "Do not pursue that of which you have no knowledge. Verily, the ears, eyes and heart – regarding all of them, there will be questioning (and reckoning)." (Bani-Israaeel, Aayat 36) The Qur'aan Majeed also mentions that the limbs of the body will speak on the Day of Qiyaamah and testify regarding the evil deeds committed with them. Nothing is hidden from Allah Ta'ala. The zina of the eyes, ears, mind, hands, etc. are all recorded and known to Allah Ta'ala. The evil committed in darkness and privacy will be laid bare on the Day of Qiyaamah. So remember when you indulge in cellphone immorality and commit sins in the darkness that you are not alone. Allah Ta'ala is watching you. The two Recording Angels are at your side, and every limb in your body is retaining your villainy and immorality and will testify against you on the Day of Qiyaamah. Therefore, meditate on these issues when the nafs and Iblees draw you to sin. Allah Ta'ala revealed to Nabi Daawood (Alayhis salaam): "O Daawood! When a beautiful woman passes by you, then remember your presence in front of Me on the Day of Qiyaamah." Evil lascivious gazes are diseases with which most people are afflicted, even buzrugs and ulama. The prescription for this disease provided by Allah Ta'ala is to immediately reflect on the Presence of Allah Ta'ala. The moment the eyes fall on a ghair mahram, immediately bring to mind the Presence of Allah Ta'ala and the two Recording Angels at your side. Allah Ta'ala is watching. How can I sin in the presence of Allah Ta'ala? SUBMISSION TO HIS WILL Hadhrat Huzaifah Bin Qataadah Mur'ashi (rahmatullah alayh) narrates: "Once I was on a voyage when the ship was caught in a storm and wrecked. A woman and I managed to clamber on to a plank board. We were the only survivors. We drifted in the ocean for seven days. Finally the woman was exhausted and overcome with thirst. She supplicated to Allah Ta'ala for water. Suddenly a chain at the bottom of which was attached a mug of water was lowered from above. The woman drank the water. I glanced upwards and to my amazement I saw a man sitting high above in mid-air holding the chain. I called out: "Who are you?" The man responded: "I am a human being." I said: "How have you been elevated to this rank?" He responded: "By making my desires subservient to the Will of Allah Ta'ala." Hadhrat Abu Dardaa' (radhiyallahu anhu), who was a very senior Sahaabi, said: "When a man rises in the morning there develops a conflict between his virtuous deeds and his desires. If he subjugates his virtuous deeds to his desires, his entire day is ruined. If he subjugates his desires to his virtuous deeds, his day is blessed and successful." "He who abstains from the Thikr of Rahmaan, We appoint for him a shaitaan. Then he (shaitaan) becomes his constant com- panion." (Az-Zukhruf, Aayat 36) Rasulullah (Sallallahu alayhi wasallam) said: "Your tongue should remain ever fresh with Thikrullaah." When the Mu'min becomes neglectful of Thikr, shaitaan becomes his companion. Then, generally his thinking and activity becomes shaitaani. Shaitaan cannot tolerate Thikrullah. Rasulullah (Sallallahu alayhi wasallam) said: "Shaitaan sits glued on the heart of man. When he engages in Thikrullah, shaitaan flees. When he becomes ghaafil (forgetful of thikr), shaitaan casts waswasah in him." Some people make haste in making promises and vows to Allah Ta'ala. When in difficulty they pledge to give Sadqah in abundance or make Ibaadat in abundance if the hardship is eliminated. However, once Allah Ta'ala grants them prosperity, they renege and soothe their conscience with baseless interpretation. A pious faqeer (pauper) one day said to himself: "If Allah Ta'ala bestows wealth to me, I shall spend it in His Path on the fuqara." Soon thereafter someone gave him a dinaar (a gold coin). He said to himself: "It is better that I save this coin for a day when I am in need so that I do not beg from others." Thus, he did not honour his intention. A few days thereafter, he developed a severe toothache. After he had the tooth extracted, a second tooth started to pain. He had this tooth also extracted. Suddenly he heard a Voice exclaiming: "If you refrain from giving that dinar to the fuqara, not one of your teeth will remain." Reneging from an intention for no valid reason has grave consequences. One may suffer punishment here on earth and be deprived of certain bounties in Jannat. A good intention is a pledge made with Allah Ta'ala. Since the pious faqeer enjoyed a close bond with Allah Ta'ala, he was warned by means of the Voice after some punishment was meted out to him. Beware of greed and miserliness after making a promise to Allah Ta'ala. Once when Hadhrat Khwaajah Ali Seerjaani (rahmatullah alayh) sat down to have his meal, he supplicated to Allah Ta'ala: "O Allah! Send a guest to share the food with me." Soon a dog appeared from the door of the Musjid which was close by. Hadhrat Seerjaani chased the dog away. The dog departed. Nearby from the grave of Hadhrat Shah Shuja' Kirmaani (rahmatullah alayh), a voice spoke and said: 'O Khwaajah! You had desired a guest to join you. Why have you buffeted him?' As he heard the reprimand, Khwaajah, taking the food with him, ran in the direction the dog went, but to his grief, he could not find the dog. He continued the search from lane to lane. Finally he set out towards the wilderness. After prolonged searching, he saw the dog sleeping in a corner. Khwaajah Saheb placed all the food in front of the dog. The dog opened its eyes but did not even look at the food. Fear and grief overcame Khwaajah Sahib. He repented, reciting Istighfaar. He removed his turban from his head and said: "I have repented." Suddenly the dog spoke in a human voice and said: "O Khwaajah! You have done well. You muster up courage to supplicate for a guest whereas you should supplicate for (spiritual) eyes. If it was not for the blessedness of Shah (i.e. Shah Shuja'), you would have seen what you ought to see. Was-salaam." So saying, the dog departed. Allah Ta'ala revealed to Nabi Dawood (Alayhis salaam): "O Dawood! He who speaks less and engages much in Istighfaar is My beloved." Allah Ta'ala revealed to Nabi Daawood (Alayhis salaam): "O Daawood! Inform Bani Israaeel that they should fulfil the Huqooq (rights) of people before death claims them. I have taken an oath that those who have not fulfilled the rights of people, will rise on the Day of Qiyaamah with garlands of fire around their necks." THAWAAB FOR THE AMWAAT Once a buzruq was going through the Qabrastaan and he observed all the arwah (souls) outside the quboor (graves) collecting items; he could not understand what was happening? He supplicated to Allah Ta'ala, 'O Allah! What is happening here?' Allah Ta'ala inspired him to ask one of the arwah…who re- THAWAAB FOR THE AMWAAT plied, 'We are all the arwah of this Qabrastaan. A week ago, last Jumu'ah, one Alim passed by here and he recited Surah Ikhlaas three times and asked Allah Ta'ala to bestow the re- ward of this recitation of Surah Ikhlaas to the amwaat of the Mu'mineen of this Qabrastaan. Allah Ta'ala showered and cascaded us with so much reward, that even after 7 days, we are still collecting the thawaab (reward).' Q. A Mufti claims that a junior should not practise Amr Bil Ma'roof Nahy Anil Munkar to a senior, that is, to an Aalim/Mufti of high rank. He mentions a principled termed 'Hifz Maraatib' on the basis of which he has issued this ruling. The context of the Mufti's claim pertains to Mufti Taqi who is being harshly criticized A. Most certainly a junior or a laymen has the right to practice Amr Bil Ma'roof Nahy Anil Munkar to an Aalim even if he is the greatest Allaamah of the era or the greatest Buzrug. The genuine Aalim will not be offended if his attention is drawn to his errors. Abstaining from Amr Bil Ma'roof Nahy Anil Munkar on the basis of a man's seniority (him being an Aalim / Mufti / Allaamah / Buzrug, etc.) will bring one within the purview of the Aayat: "They (the lay people of) Bani Israaeel took their Ulama and Buzrugs as gods besides Allah…" Perhaps you are aware of the episode of the old lady making Amr Bil Ma'roof to Hadhrat Umar (Radhiyallahu anhu) whilst he was on the mimbar delivering a khutbah. And, perhaps you are aware of the episode of the young man resorting to Amr Bil Ma'roof to Hadhrat Umar (Radhiyallahu anhu) whilst he was on the mimbar about to begin his khutbah. Hadhrat Umar (Radhiyallahu anhu) was not offended. He did not feel that he was being disrespected by the laymen who were proffering naseehat to him. It is sheer takabbur (satanic pride) which causes an Aalim to become offended when he is given naseehat or when he is reprimanded. Every Muslim has the right to offer naseehat to any senior, be he an Aalim or Mufti or Allaamah. The issue of being offended is the effect of pride. An Aalim of Haqq is not annoyed when Amr Bil Ma'roof Nahy Anil Munkar is directed to him. The Mufti has erred by claiming that it is beyond the junior's 'station' to give naseehat to an Aalim. Naseehat does not constitute disrespect. The one who is offended by naseehat is a Mutakabbir. A junior may offer naseehat to a senior. Hifz-e-Maraatib, i.e. to observe the rank of a person, does not demand silence and abstention from naseehat. A 'dumb devil' abstains from proffering naseehat. That is what Rasulullah (Sallallahu alayhi wasallam) had said. He described the one who abstains from proclaiming the Haqq as 'shaitaan akhras'. Hifz-e-Maraatib does not mean Kitmaan-e-Haqq (Concealing the Haq) nor abstention from Amr Bil Ma'roof Nahy Anil Munkar. It only means that a person should be addressed in a manner befitting his status/rank. Offering naseehat to one's father requires a method of acquittal which differs from the method of proffering naseehat to one's younger brother or to one's friend. But it never means that one has to maintain silence when one's father is committing fisq and fujoor. As far as Mufti Taqi is concerned, whatever 'rank' he may have had in the past prior to his deviation, has been eliminated by himself with his public acts and statements of baatil and fisq. Hence, by criticizing him for his publicly proclaimed and practiced deviation will not be in conflict with the principle of Hifz-eMaraatib. The masses have to be protected from becoming entrapped in the baatil which he propagates. Making ta'weel (resorting to baseless interpretation) of his grave errors of deviation is haraam. It is to aid and abet baatil. It is to become like the people of Bani Israaeel who elevated their ahbaar and ruhbaan to the status of godhood. The Mufti Sahib has failed to correctly understand the principle on which he has based his error. Question A Molvi in his pre-Khutbah talk said the following:  The Day of Eid is for playing the duff (musical drum).  Nabi (Sallallahu alayhi wasallam) had allowed Sayyidah Aishah (Radhiyallahu anha) to spectate some Abyssinians dancing and singing.  Islam does not ask people to sit the entire day in the Musjid. Are these claims valid? Please comment. Answer This molvi is a genuine jaahil. The moron is unable to distinguish between right and left, light and darkness. That is why he made such stupid comments to bolster his nafsaaniyat. While among the Shaafi' Fuqaha there is difference of opinion regarding beating the duff on occasions besides Nikah and Circumcision, such difference is not found among the Hanafi Fuqaha. It is narrated that when Hadhrat Umar (Radhiyallahu anhu) would hear the sound of a duff, he would ask the reason. If it was because of a Nikah or circumcision, he would not take any action. But if it was for anything else, he would proceed towards it with his durrah (whip). The moron molvi requires durrah treatment for having uttering such mullock and baatil. His averment that Eid is dedicated for playing with the duff is absolute trash. From whence did he acquire this stupidity. Even in terms of the view of permissibility according to some Shaafi' Fuqaha, it is stupid to say that 'Eid is a day for duff music". Even in Shaafi' society, the duff is not beat on Days of Eid. Especially in this era of fisq and fujoor – immorality and fitnah – it will not be permissible to have sessions where duff music is played. The one thing will give rise to further acts of immorality. Today the duff (tablah) is a favourite musical instrument of the Hindu mushrikeen. This jaahil molvi has undertaken the evil liability of introducing fitnah in the community with his rubbish comments. What actually is the motive of the moron for citing the episode of the Abyssinians? It appears that he is stupidly attempting to justify music. The episode in no way whatsoever nullifies the express and emphatic prohibition of music commanded by Rasulullah (Sallallahu alayhi wasallam) and on which prohibition the Fuqaha of all Math-habs have unanimously ruled. A seemingly contradictory episode may not be proffered to invalidate a prohibition commanded by Rasulullah (Sallallahu alayhi wasallam). The actual shaitaani motive of the molvi is to provide a basis for claiming that music is permissible. Thus, the only flimsy straw on which he could clutch was the duff. The duff is an unknown entity in our Muslim society of today. Even on the assumption of it being permissible, no one will play and create music with the duff today. But they will justify music with the duff argument stupidly presented by the moron molvi. While the jaahil has sought to provide a basis with the duff, we are sure that he will not make a fool of himself by striking the duff on Eid Day. However, he will justify music in general with his stupid duff argument. His comment that Islam does not ask one to sit the entire day in the Musjid, is exceptionally putrid and conspicuously confirms his jahal. His comment is pure bunkum. In the almost 15 century history of Islam, there has not been a single Aalim/ Buzrug who had ever propagated the idea of sitting the entire day in the Musjid. Every person knows that Islam does not instruct anyone to remain the whole day in the Musjid. Nevertheless, if anyone spends the whole day in the Musjid with the intention of I'tikaaf, it will be commendable, meritorious and highly rewardable. Spending time in the Musjid is a sign and demand of Imaan. Rasulullah (Sallallahu alayhi wasallam) had mentioned that the most loved places for Allah Ta'ala are the Musaajid, and the worst places where most people love to be are the marketplaces. The jaahil molvi was minimizing the importance and significance of spending time in the Musjid. Furthermore, he rendered a great disservice to Islam with his evil comment at this time when people are generally fleeing from the Musjid. Most people do not attend the Musjid for even the Waajib Jamaat Salaat. Then, after the Fardh, they storm out of the Musjid. They conduct themselves just like the munaafiqeen who cherished an abhorrence for the Musaajid. During the satanic covid era, the Musaajid were made targets by the juhala munaafiq molvis who had gone to great kufr lengths to close down the Musaajid. Now why did this jaahil molvi have to make his stupid comment about the Musjid when the Musaajid today are generally desolate? People, even ulama, spend very little time in the Musjid. It was only Iblees who had prompted the moron to discourage people from spending time in the Musjid. He gives preference to spending time in merrymaking and shaitaaniyat on Eid Days. The trustees who allow such a jaahil to act as Imaam and deceive musallis with his talks of jahl are themselves juhala. If they had any Islamic intelligence they would not tolerate such rubbish talks by moron molvis. Hadhrat Abdullah Ibn Mubaarak (rahmatullah alayh) narrates: "Once when I went for Hajj, I went for ziyaarat to the Raudhah Mubaarak (the Holy Grave of Rasulullah — sallallahu alayhi wasallam). I spent the entire day at the Raudhah, but I was not satisfied. I spent the night there as well. While I was in a state between sleep and wakefulness, I saw Rasulullah (sallallahu alayhi wasallam) emerging from his Raudhah Mubaarak. He came close to me and said: 'O Abdullah Ibn Mubaarak! When you return to your home in Baghdad, go to the Yahudi Bahraam and convey my Salaam to him. Tell him that Allah is pleased with him and has forgiven him.' (In the vision, Rasulullah – sallallahu alayhi wasallam – had informed him of the address of the Yahudi.) Immediately my eyes opened and I set off for Bagdhad. When I reached Baghdad, I went to the home of Bahraam and said: 'O Bahraam! Tell me about your good deeds.' The Yahudi said: 'I do not even dream of good deeds. I have no good deeds. However, once I passed by a dilapidated hut of a destitute Muslim lady who had several little children. All the children were crying much because of hunger. She did not have a morsel of food in her hut. I stood outside with tears gushing from my eyes. I rushed home and brought whatever food I had. I called the children out of the hut, and gave them the food and some gold coins. This is the only good deed which I had ever practised.' I (Hadhrat Ibn Mubaarak) said to him: 'O Bahraam Yahudi! Sayyudul Mursaleen, Rahmatul Lil Aalameen has conveyed his Salaam to you and has said that Allah Ta'ala has accepted your deed. He has forgiven you.' When Bahraam heard this, he spontaneously recited: Lailaha il lallahu Muhammadur Rasulullah." IN THE KITAAB - ALREADY DECREED "We have not omitted anything from the Kitaab." (Al-An'aam, Aayat 38) "Nothing, not an atom in the earth or in the heaven is hidden from your Rabb, and be it even something smaller or big- ger (than an atom) but it is recorded in a Clear Kitaab. (Surah Yunus, Aayat 61) When even the most infinitesimal detail in the creation of Allah Ta'ala has been recorded in the Clear Kitaab (Looh-eMahfooz), there should be no surprise at the unfolding of the massive upheavals and disasters which are befalling humanity. Everything is the decree of Allah Azza Wa Jal. Once Hadhrat Maalik Bin Dinaar (rahmatullah alayh) dreamt someone saying: "A servant of Allah desires to meet you". The location of the Buzrug was given in the dream. However, being a dream, Hadhrat Maalik ignored it. When he saw the same dream several consecutive nights, he decided to go to the place indicated to him in the dream. When he reached the place, he saw a Buzrug reciting the Athaan at the door of the Musjid. After the Athaan, Hadhrat Maalik greeted the Buzrug. The Buzrug responding, said: "Wa-Alaikumus Salaam, O Maalik Ibn Dinaar!" In astonishment, Hadhrat Maalik said to himself: "How did he know my name?" The Buzrug said: "Is this cause for astonishment? Allah Ta'ala sent you here, and He informed me of your name." Both performed Salaat. The Buzrug took Hadhrat Maalik to his home, and served him some dried corn bread. Hadhrat Maalik commented: "Is there any salt to eat with the bread?" The Shaikh arranged for some salt by pawning his water-jug at the nearby shop. After eating the bread with the salt, Hadhrat Maalik said: "Alhamdulillah! Allah Ta'ala has granted me contentment with only bread and salt. I acquire the taste of gravy from only salt." It was said to him: "Subhaanallaah! If you were truly a man of contentment, there would not have been the need for us to pawn our waterjug. For the past seventeen years we had lived without salt." Hearing this, Hadhrat Maalik let out a scream of anguish and set off into the wilderness to contemplate and engage in soul-searching. The effect of this episode compelled him to renounce eating any delicious food for the rest of his life. He also renounced eating fruit. He contented himself with dry bread every day until the end of his life. He derived great comfort and contentment from the frugality of his lifestyle. (The episodes of the Auliya are narrated to gain spiritual enthusiasm and to provide us with the ability to meditate and reflect on our wasteful, selfish and ungrateful ways of life. While people are not expected to give practical expression to the austere methods of the Auliya, they are expected to take lesson and abstain from ways and measures which are in conflict with the Shariah.) The zuhd (austerity) of the Auliya – their rigid observance of extreme methods of self-denial from even lawful practices – has a basis in the Sunnah. Rasulullah (Sallallahu alayhi wasallam), his noble Wives and many of the Sahaabah had also practised such of severe austerity which was the way of life of the Auliya of the early eras of Islam. ABANDON THE DUNYA Admonishing his mureedeen (disciples), Hadhrat Shah Shuja' Kirmaani (rahmatullah alayh) said: "Abandon the world, repent and shun the desires of the nafs (bestial capacity in man), then you shall attain the goal (of Divine Proximity). Abstain from lies, gossip and stealing. The sign of Wara' (Taqwa of a very high standard) is abstention from Mushtabahaat (doubtful things). Perpetual grief is the sign of fear for Allah Ta'ala. The excellence of a man remains with him as long as he does not consider others to have lesser excellence than him. When he gains the notion of his superiority, his excellence is eliminated. If a man of wilaayat (i.e. a Saint) advertises his wilaayat (sainthood), it will be snatched away from him." Takabbur (pride) is an extremely serious and destructive malady. It is punishable in this dunya and in the Aakhirah. Its opposite is tawaadhu (humility), a quality which is most beloved to Allah Ta'ala. When the Torah was revealed to Sayidunna Musaa (alayhis salaam), he became exceptionally happy and expressed much shukr (gratitude). Allah Ta'ala asked him: 'O Musaa! Do you know why the Torah has been revealed to you?' He replied, 'O Allah! I do not know.' Allah Ta'ala replied, 'Amongst mankind at this time there is no person with greater humility than you.' Everybody is aware of the fiery (jalaali) personality and temperament of Nabi Musaa (alayhis salaam). However, his anger was only for the Haqq (truth) and Allah Ta'ala considered him to be the most humble in mankind at the time. His tawaadhu (humility) may be gauged from an incident once when he was looking after the sheep. All the Ambiyaa (Alayhimus salaam) had served as shepherds before being appointed as Messengers by Allah Ta'ala. Why? Sheep have the attribute of humility and when a person associates with any group or anyone, he acquires the attributes of the group or of the one he associates with. This was why a Nabi was never appointed to tend to camels or oxen. One day, whilst Hadhrat Nabi Musaa (alayhis salaam) was tending to his flock in the wilderness, a lamb ran away from the flock. Realising there were wolves and predators in the wild, Hadhrat Musaa (alayhis salaam) ran after the lamb which kept running further and further. Finally, when the lamb became exhausted, the tired Musaa (alayhis salaam) caught up with it. He was not annoyed nor did he scold the lamb. He lifted the lamb, and stroked it gently. He spoke affectionately to the lamb whilst carrying it back to his flock. Allah Ta'ala loved this act of kindness and gentleness so much that he rewarded Nabi Musaa (alayhis salaam) with the revelation of the Torah. Question: I would appreciate guidance on the following Zakaah -related matter concerning a welfare organization. An organization receives Zakaah funds from donors and distributes them to approved recipients on a monthly basis. The process works as follows: A committee meeting is held around the middle of each month. During this meeting, recipi- ents are reviewed and a final decision is made regarding who will receive assistance for that month. Once approved, a specific amount is allocated to each recipient and prepared for distribution. In some cases, the money is placed in an envelope bearing the recipient's name. Actual collection or pay- ment takes place at the end of the month. The organization acts as a wakīl (agent) for both the Zakaah donors and the recipients. The recipients have to agree to authorize the organization as a wakeel to receive and administer assistance on their behalf. My question is: If a recipient is approved at the committee meeting, and the Zakaah amount is specifi- cally allocated and placed in an envelope under the recipient's name, but the recipient passes away before physically collecting the funds, has tamleek already taken place through the agency of the organization? If so: Does the allocated Zakaah amount become the property of the deceased recipient? Should the amount be paid to the deceased's estate/ heirs? Or should the organization withhold the funds and reallocate them to another eligible Zakaah recipient because the recipient had not yet physically taken possession of the money? In other words, does allocation of the funds to a named recipient, while the organization is acting as wakīl for both parties, constitute sufficient qabdh and tamleek according to the Hanafi madhhab? Answer: Firstly, the organization is not the wakeel of the recipients for whom the Zakaat is allocated. The organization is the wakeel of only the Zakaat donors. As long as the faqeer has not taken possession of the funds, tamleek does not take place. The organization may give the amount to any other faqeer/miskeen. "Allah has guided a group while for a group deviation has been decreed. Verily they (the zindeeqs) take the Shayaateen as friends besides Allah whilst they labour under the impression that they are guided." The modernist deviates of our era come within the scope of this Qur'aanic Aayat. They nibble on the ahkaam of the Shariah with their stupid satanic interpretations. Then they believe that they are 'mujtahids', and that all the Aimmah Mujtahideen from the earliest eras of Islam had erred. Thus they believe that the Shariah which has been reli- ably transmitted down the passage of Islam's 15 centuries is antique and needs to be reconstructed on the lines which shaitaan chalks out. These morons should understand that there is no renaissance in Islam. Islam will remain 'Antique', but vibrant. It will remain the Islam which has reached us via the authentic Chain of the Sahaabah. "If only you could see the oc- casion when the zaalimoon (oppressors/transgressors) will be in the throes of death (you will be shocked with terror and fear). The Malaaikah will be stretching out their hands (and screaming): 'Expel your souls. Today you shall be compensated with a disgraceful punishment because of your baseless con- tentions against Allah, and you would arrogantly (deny) His Aayaat." (Al-An'aam, Aayat 93) Maut is ever stalking us. It is perpetually over-shadowing us. Rasulullah (Sallallahu alayhi wasallam) said: "Meditate much on the entity which will sever delights." That is Maut. Beware of Maut suddenly apprehending you whilst you are wrapped in the filth of sin and transgression. Then you will disgracefully depart from this dunya without Imaan. "Verily, We have created nu- merous from jinnkind and mankind for Jahannam. They have hearts (brains) with which they cannot un- derstand. They have eyes with which they cannot see, and they have ears with which they cannot hear. Indeed they are like animals. In fact, they are (worse) more astray. They are the ghaafiloon." (Al-A'raaf, Aayat 179) Reverends, swamis, pundits, interfaithers and kuffaar bootlicklers are all the fuel of Hell. Regarding these miserable specimens of creation, the Qur'aan further describing them says: "Their (physical) eyes are not blind. But, their hearts within their breasts are blind." They are absolutely bereft of any spiritual vision. They are like the khanaazeer and kilaab. Question I am seeking a ruling on whether a valid talaq occurred. I went to Imam Moutie Saban of the MJC for marriage advice/counselling only, after my wife moved out of the house with our 3 children, 10 years marriage. No advice or rulings were given. After that my wife and myself had a joint meeting with Imam Moutie Saban, explaining our problems. No advice or rulings was given. After a week I was asked to come see Sheikh Moutie Saban again. I had no intention of divorce and never intended to issue a talaq. During this visit, the imaam was interrupted by many phone calls during the meeting. He did not explain any document or anything to me. He simply produced a piece of typed-out paper/document and said words to the effect of "sign here." I signed because I thought, out of respect for the imaam, that it may have been a reconciliation-related or administrative paper. I was not told that the document was a talaq/divorce paper. I did not mention any divorce/talaq words. I later learned that the paper was allegedly a 'talaq document'. I was never given a copy of the document. My question: Under Islamic law, does this signature count as a valid talaq, even though: - I had no intention to divorce, - I did not know the nature of the paper/document - no explanation was given - I was asked to leave immediately - and I never uttered divorce words? Answer The silly 'document' which the wayward 'imaam' gave to you to sign is a piece of scrap paper which has no value in the Shariah. It was not a valid Talaaq. Your Nikah is still intact. These are times of fitnah in which the juhala (ignoramuses) abound. They ruin themselves and they ruin others who seek advice and guidance from them. NAH"!!! Can this be a bearable punishment for a Mu'min? Consult your heart and your conscience! While the short-sighted muftis cater for speciality, we cater for reality and have the best interest of Muslims at heart, and their best interest are applicable to the life of the Aakhirah. Ilm is pursued for amal, not for debating with technicalities which overshadow and defeat the Maqsood of life on earth. Our advice to the honourable Muftis of the Madaaris is to confine their technicalities to the Talaba who are pursuing Ilm at the academic level. They should not create confusion among the masses with superficialities and technicalities. The Mansab (lofty pedestal) of a genuine Mufti demands that he keeps his focus on the practical life of Muslims. Another bidah, which in reality is a kuffaar system, is to carry or transport the Janazaah to the Qabrastaan by vehicle. People may wonder how may one carry the Janazaah over a distance? Here in Malabar, Port Elizabeth, (South Africa), the present cemetery is within walking distance. In our city of Port Elizabeth, the practice of taking the Janazaah by vehicle developed in the late 1950's60's. We used to carry the Janazaah from Commercial Road, which is 8-10 km (approx. 6 miles) from the Old Cemetery near the Airport, with the last few kilometres being a very steep climb, up Walmer Road. People became lazy and no importance was given to the Ahkaam (Commands) of the Shariah. Compounding the issue is ignorance. Thus, this new bidah developed. Nowadays, even the young people are all flabby (obese), weak and hopeless. They cannot even walk and carry the Janazaah. No opportunity is now given to carry the Janazaah in the Sunnah manner. The Sunnah is for every per- son to carry the Janazaah at least 10 steps with the Janazaah on their shoulders. Even in the Cemetery, we carry the Janazaah like the kuffar carry their coffins. We should dismount from vehicles a distance from the Cemetery and carry the Janazaah through the Qabrastaan in the Sunnah manner. This is a dead Sunnah which should be revived. Rasulullah (Sallallahu alayhi wasallam) said: "Whoever adheres to my Sunnah at the time of the cor- ruption of my Ummah, will attain the reward of a hundred Shuhada' (Martyrs)." (Faqeeri literally means the state of poverty. In the terminology of the Auliya it refers to a poor person of a lofty spiritual state – to a Buzrug who has renounced the wealth and pleasures of the world in his pursuit of the Pleasure of Al- lah Ta'ala.) A lad came to Hadhrat Zunnun Misri (rahmatullah alayh) and said: "Hadhrat, I have inherited 100,000 Ashrafis (gold coins). I wish to distribute it all to the Fuqara in your gathering." Hadhrat Zunnun advised the lad: "As long as you have not reached buloogh (puberty) it is not permissible for you to spend your money." The lad being very intelligent, remained silent and departed. After attaining puberty, the lad returned with the money and distributed it all to the Fuqara and Masaakeen. Some time thereafter the lad returned and found the Fuqara in dire straits of poverty. In his heart he lamented: "If only I had wealth now, I would have contributed it all to these Fuqara." The heartfelt generosity of the lad became apparent to Hadhrat Zunnun (most probably by way of kashf). He said to himself: "The lad has not yet understood the secret of Faqeeri." He called the lad and instructed him to go to a certain attaar (perfume-maker and seller), and to buy certain chemicals. He explained a method of preparation by which three clots were to be made with the chemicals. Then cotton had to be thread through the three clots. The lad obeyed the instructions. Soon he brought the string with the three hardened clots. Hadhrat Zunnun recited something and blew on the clots which instantaneously were transformed into dazzling gems, the glitter of which hurt the eyes. Then he instructed the youth to take the gems to the jeweller to obtain a value. But he was not to sell the gems. The lad did as he was instructed. The jeweller valued each gem at 100 Ashrafis (gold coins). Hadhrat Zunnun said to the lad: "Son, take these gems and dump them in the river. And, understand that a Faqeer is not in need of wealth. He is in need of Wisaal-e-Ilaahi (i.e. union with Allah Ta'ala)." Thus, the lad understood the secret of the poverty of the Auliya. There is peace and serenity in their poverty which is never a hardship for them. Question: A man is a homosexual because he naturally inclines to males. Although he is a homosexual he is married and has several children. But he is unable to eliminate his natural inclination. Is natural inclination a mitigating factor for his sin? Answer: Natural inclination is not a licence for the commission of sin. The people of Nabi Loot (Alayhis salaam) were naturally inclined to homosexuality. Finally they were destroyed by the Punishment of Allah Ta'ala. If natural inclinations make haraam demands, these have to be restrained. One may not commit haraam then seek mitigation on the basis of natural inclination. A man naturally inclines to cohabit with a female. However, his natural in- clination for sex with a female does not permit him to indulge in zina. If he has no wife, he has to restrain his nafs and abstain from zina. In exactly the same way does a man with homosexual inclination have to restrain his haraam desires and submit to the Law of Allah Ta'ala. "These are the limits of Al- lah. Whoever transgresses the limits of Allah, verily he has oppressed himself." (Qur'aan) A man came to Hadhrat Bishr Haafi (rahmatullah alayh) and said: "Hadhrat, I have saved 200 dinaars (gold coins) from my halaal earnings. I desire to proceed for (Nafl) Hajj." Hadhrat Bishr: "Do you desire to go for Hajj to observe the fun taking place or do you wish to go for the Pleasure of Allah Ta'ala?" Man: "Hadhrat, I wish to go for the sake of Allah's Pleasure." Hadhrat Bishr: "Go and distribute the money to ten Fuqara or to ten orphans or to ten persons who find it difficult to support their families. The thawaab of bringing peace and comfort to the hearts of hardpressed Muslims is greater than the thawaab of more than 100 Nafl Hajj." Man: "Hadhrat, right now the desire of Hajj is overwhelming in me." Hadhrat Bishr: "It is now clear that the means of your earning are not virtuous. (i.e. his wealth was contaminated). Until you do not squander your wealth in an unlawful manner, you will not be gratified." SUPPORT THE ISLAMIC PROJECT OF THIS CENTURY. SUPPORT THE WAAJIB MAKTAB PROJECT. SUPPORT THE PROGRAMME OF ISLAM TO RECLAIM THE LOST CHILDREN OF THE UMMAH Send your contributions to: Mujlisul Ulama of SA Nedbank Acc no. 1217 040 145 Branch: Greenacres Branch Code: 198765 (Swift Code NEDSZAJJ) ———————————— MUZO of S.A. 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