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Focus on Fiqah
Your questions answered:
Questions may also be sent to:
Al-Farouq Iftaa Department, PO Box 8072, Schauderville, 6060, South Africa
Q. We are letting a
property in town which is vacant at the moment. We have a potential tenant who
wants to sell Bibles. Are we allowed to let out premises for this purpose?
A.
It is an established fact that Christian missionary
organizations today are peppering Muslims with their literature and ideologies.
They have stooped to all-time low levels of deceiving Muslims through their
books, pamphlets, leaflets and advertising. It is therefore certain that the
proposed tenant for your place will not only sell Bibles but will also sell his
ideas of Christianity in the form of brochures and even free literature. It is
therefore not permissible to let out your premises to such a person. In doing so
(i.e. refusing to let your place to a Bible-seller) you will, Insha-Allah, be
assisting in the defence of Islam. This should be your intention. Allah Ta’ala
will, if He Wishes, reward you by arranging for another tenant.
Q. A man sold a BMW to another. At the time of the sale
the seller expressly stated that there were no faults in the vehicle. He even
went as far as saying that the engine is in perfect condition. The car was used
by the buyer for only six days when it started giving trouble. Upon checking,
the mechanic discovered that the water pipe was broken. In fact, the mechanic
states that before purchase the pipe had a hole, which caused leaking and
further damage. Due to overheating the whole engine seized. Now the vehicle is
not operable. What is the Shar’i ruling on this issue?
A.
Since the initial fault was present at the time of the
purchase, the parties can do one of two things: a) the buyer may return the
vehicle and get a full refund from the seller or; the buyer can force the seller
to repair the vehicle at his (seller’s) expense. In both cases the choice lies
with the buyer.
Q. Are South African court divorces recognised by the
Shariah?
A.
If the husband seeks a divorce in court merely to annul
a court marriage without a real intention of issuing talaaq then between
him and Allah such an act will not be considered as a divorce. But to ensure
this it is better for the husband to state in front of two witnesses prior to
going to court, that ‘I am going to admit to a divorce only to cancel our
court marriage’, expressly denying his intention to divorce his wife in
Islamic terms. In this way the whole matter becomes safe. The above is based on
the principle that false admission to divorce is not a true divorce between the
man and Allah. Furthermore, if the wife goes to court and asks for a divorce and
is granted one, such a divorce is not valid and of no consequence in Shariah,
because she is not vested with the right to divorce her husband. Even a Muslim
judge cannot divorce a woman merely upon her request.
Q. Can a woman go out and work?
A.
A woman who is self sufficient or is being supported by
her husband or family members, is not allowed to work at all. It is haraam for
her to leave home for this purpose. A woman may only work if she has no husband,
nor any relative who is prepared to maintain her, or if the husband is present
but is unable or refuses to support her for whatever reason, and she and her
children are in desperate need for food and provisions. In such a case of
extreme emergency, she must observe proper hijaab when moving out of the home.
Q. We were making a
jamat salah. When our Imam made the takbeer, he said it softly, (i.e. the
takbeer-e-tahreema to start the salah). Is our salah valid?
A. Yes, the salah and jamaat both are valid. To say
the takbeers loudly in jamaat salah is sunnat, not faradh or wajib. So if these
takbeers are uttered softly, the validity of the salah will not be affected.
However, this should not be done deliberately, for then, even though the salaah
is valid, it is sinful.
Q. After making wudhu I discovered that part of the arm
was not washed. Must I repeat the entire wudhu or not?
A. There is no need to repeat the wudhu. Just wash the
part that was dry and your wudhu will be in order.
Q. Give me a list of items upon which zakaat is levied.
A. Zakaat is payable on the following types of wealth:
Cash money, gold and silver (whether these are in the form of jewellery,
cutlery, coins, or anything else), stock-in-trade, and livestock.
Q. I have calculated my zakaat. Now do I have to pay it
all in one lump sum or am I allowed to pay off the zakaat in instalments?
A. Zakaat may be payed out in small amounts. It is not
necessary to pay all at one time in a lump sum.
Q. A lady who was in the state of
haidh (menstruation) left with her husband for Umrah. However, when entering
Makka she did not enter into ihram (thinking that she could not do so due to her
impure state). A few days after her entry into Makka she became paak (clean).
She had a bath, then went to Tan’eem (the place from where people perform the
small umrah) and entered into Ihram from there. She made her niyyah, etc., and
completed her Umrah. Was this valid?
A. The Umrah was valid, but she has to pay in one DUM (a
goat or sheep) because she entered Makka without Ihraam. Anyone going into Makka
for Hajj or Umrah must put on Ihraam before crossing the Mieq ~t,
failing to which a sacrifice (Dum) becomes wajib. The dum must be done in the
haram of Makka and its meat distributed there as well. The dum may be executed
by someone else on her behalf with her permission, and there is no specific time
when it has to be done. It remains obligatory for a lifetime until discharged.
Q. Are we allowed to eat sea-foods such as crayfish,
calamari, shrimps, etc.?
A. According to the Hanafi Mazh-hab the only seafood
halaal for consumption is fish. Anything that belongs to the category of fish is
halaal. Shrimps, prawns, crabs, lobsters, crayfish, calamari (octopus), etc. are
creatures that do not fall into the fish category, hence consumption of these
creatures is prohibited.
Q. Is it permissible to eat shark?
A. Shark is a fish, hence halaal.
Q. Is one allowed to take a blood test while fasting?
A. Yes, the fast will not be nullified.
Q. My first wife left our marital home a few years ago,
when I married my second wife. I have NOT divorced the first wife. We (my first
wife and I) have 3 children, one son and two daughters. My son is 14 years and
daughters are 12 and 10. Who has the right of custody of our children?
A. Since you clearly state that you have not divorced your
first wife, your marriage is still intact. The question of custody really only
arises when a divorce takes place. In your case you claim you never issued a
divorce, hence you have all the right over your children. As in a normal
marriage, you being the father have the right to custody. You may keep your
children with you until your wife returns to the marital home, or, if you so
wish, you may allow them to live with her. The choice is absolutely yours. Here
the age of the children is not taken into account.
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