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Focus on Fiqah
(Your questions answered)
Your questions answered:
Questions may also be sent to:
Al-Farouq Iftaa Department, PO Box 8072, Schauderville, 6060, South Africa
Q)
Will Christians and Jews remain in jahannum eternally?
A)
Almighty Allah states in The Glorious Quran: “Those who reject faith and
commit injustice, Allah is not prepared to forgive them nor to guide them to
any path; except the path of Jahannum, to dwell therein eternally. And this is
easy upon Allah.” (Surah Nisaa, verses 168, 169) In another place Allah
Ta’ala says: “Verily Allah has cursed the Unbelievers and prepared for
them a Blazing Fire; to dwell therein eternally. No protector will they find
nor any helper.” (Surah Ahzaab, verses 64, 65) These two verses contain
the Arabic term abadan which means eternally or forever. This is clear
proof that kuffar will inhabit Hell eternally, never to exit. Another
confirmation of this is the Statement of Allah in Surah Baqarah: “And
they shall not emerge from the Fire (of Hell),” (verse 167). On this
basis the Ahle Sunnah wal Jamaah have formed their belief that those who
perished in the state of unbelief (kufr) shall not be granted reprieve from
Hell-fire, nor shall they emerge therefrom after admittance.
Q)
Why the need for a Shaikh when we have the Quran and Hadith to follow, and why
the need for bay'at? Each Shaikh has a different formula as regards zikr,
etc., but Allah has one set of rules. Please explain.
A) THE NEED FOR A SHAIKH:
There is no science or skill achievable in this world without the help of a
guide. The most talented person stands in need of a more experienced mentor
and tutor. The same applies to Islamic discipline and practice. This has been
the age-old system devised by Allah and implemented by His Rasool (sallallahu
alaihi wasallam) for the spiritual advancement and benefit of this Ummah. All
the great Ulema of past achieved what they did through their teachers and
spiritual guides. The teacher or Ustaad imparts the knowledge of Deen, while
the spiritual guide or Shaikh provides the methods of practicing on that
knowledge. Rasoolullah sallallahu alaihi wasallam was the Shaikh of the
Sahaaba, hence they always turned to him for guidance and enlightenment. Ever
since, this system of Shaikh and Mureed has been practiced upon over the
centuries. The one definite reason for the moral decadence of Muslims is the
lack of someone who can guide them spiritually. We all are spiritually
bankrupt and morally embarrassed, so we need one who can uplift us by
providing that special coaching for the ailing soul. The Shaikh is one who
himself has undergone spiritual training and is, therefore, in a position to
train others. The Shaikh is able to detect the hidden faults of his disciple
and provide treatment accordingly. The follower (mureed) will at times be
confused, perplexed, frustrated, stressed out, and in great anxiety, either
through worldly or religious causes, and the Shaikh will provide him with
spiritual treatment to overcome these difficulties.
THE BAY’AT:
The bay’at is a sunnah practice established from several ahadeeth narrated
by Imam Bukhari and others. In a separate article we will furnish these
ahadeeth insha-Allah. The purpose of the bay’at is to commit the mureed to a
process of spiritual reformation. The rules of Allah are certainly all the
same, but the methods to make practicing on those rules easy will differ from
individual to individual. We all perform the same salaah. However, some people
will do so out of fear for Hell, while others do so out of hope in Jannat, and
yet others simply offer the salah because it is the law of Allah. The more
advanced Muslims will perform salaah out of love for Allah. It is the duty and
function of the Shaikh to understand his follower and apply the appropriate
method to lure him towards that ibaadat. Obviously such a task is enormous and
requires the work of an experienced guide. This is what the concept of tasowwuf
is all about. Terms such as tasowwuf, bay’at, islaah, mureed, are
merely technical words used to describe the aspects of this science, just as
terms like saheeh, hasan, dha’eef, mursal, musnad, are used in the
science of hadith to describe different categories of hadith. It is foolish
and unreasonable to reject a science simply because we don’t understand or
accept the technical terms. It is also unreasonable to demand proof of such
technical terms from Quran and Hadith, for then all sciences of Deen like
etymology and syntax (sarf and nahu), aqaaid, etc, will be rejected because
these technical terms are not found in the Quran and Hadith. The reality of
the matter is that these branches of Islamic learning are all used to enhance
our understanding and practice on Deen, without which we cannot be complete
Muslims.
Q)
We intend building a jaamat khana on the first floor of our building. However,
under the jamaat khana are toilets. Is there anything wrong in this?
A) There is nothing wrong as
far as the law of Shariah is concerned, in having toilets beneath an ibaadat
khana. This would not be proper though, if a Musjid was being erected.
Q)
In Taraweeh, can the Imam leave out the thana to make the salah shorter?
A) The Imam should not
leave out the thana, but may curtail his durood and dua. In other words, he
may recite a short durood and dua, not leaving these out entirely.
Q)
I forgot to read my thana. Is my salah valid?
A) Yes,
your salah is valid. Thana is sunnat, and omitting a sunnat does not nullify
the salah, nor does it necessitate sajda sahu.
FATWAS
OF HAZRAT MOULANA ASHRAF ALI THANWI (RA)
Q: A practice
prevalent in our area is that when goods are purchased from a merchant, he is
required to deliver the goods to the house or shop of the buyer. Sometimes
delivery is free (as part and parcel of the sale) and sometimes he charges for
delivery. Is such a transaction valid?
A: Basically such a
transaction is not valid (due to the condition of delivery being incorporated
into the sale). However, where this practice is prevalent and widespread, due
to the principal of Ta’amul this will be allowed, (whether delivery is free
or is charged for).
Editor’s Note: Ta’amul means the general and prevalent trend among
Muslims of a certain country or region. (Imdadul Fataawa, vol. 3, p. 22)
Q: A man died and left
behind some properties as part of his estate. One of the heirs sold his share in
those properties before taking physical possession of the share he inherited. Is
this permissible? Is there a difference in the ruling between movable and
immovable property?
A: The sale of such a share as
mentioned above is Jaiz (permissible), whether it be the sale of movable or
immovable property. There is no difference in this ruling among the (Hanafi)
Jurists. However, movable property that was purchased from another, not
inherited, cannot be sold to another (i.e. a third party) before taking physical
possession. (Imdadul Fataawa, vol. 3, p. 34)
Q: What do the
respected Ulema say regarding the selling of Zam Zam water? Is it permissible to
trade in Zam Zam water?
A: There is apparently no Shar’ee
factor prohibiting such trade. Zam Zam is a valuable commodity and one who
brings it out of Makka becomes the valid owner. He is thus selling his own,
legal property, hence jaiz. Being sacred and holy is not negatory to selling it.
There is nothing more sacred than The Quran, yet, selling Qurans is completely
lawful, so likewise here. (Imdadul Fataawa, vol. 3, p. 115)
Q: Upon awaking from
sleep at about 10 o clock in the morning I noticed that I needed a bath. I
performed ghusl and read my Zuhr salah. After salah I entered the toilet to pass
urine, and as I was doing so I noticed several drops of mani (semen) coming out
with the urine. Do I have to repeat my ghusl and salah?
A: Your Zuhr salah was valid,
since the flowing of drops of semen only occurred after the salah. As for the
ghusl, a rule to remember is that after taking a bath from ihtilaam or sexual
intercourse, if one had walked around a good deal, or had passed urine and then
had a bath, such a ghusl will not be broken by the emergence of a few drops of
semen afterwards. Otherwise you would have to repeat the ghusl. (Vol. 1, p.20)
Q: It is stated in some
books that ghusl for Arafah is mustahab. Does this apply for only those who are
in Hajj, or for all people?
A: From the book Raddul-Muhtaar
it is derived that this ghusl is mustahab for all Muslims, not only the hujjaj.
Q: Is it permissible to
trim the moustache, cut nails, or shave off pubic hair whilst one is in the
state of janaabat (impurity)? Is it true that when hair and nails are removed
whilst one is na-paak then these parts of the body remain in the state of
janaabat and will complain to Allah on the Day of Qiyamat that this person had
left us in the state of janaabat (by separating us from the body before taking a
bath)?
A: It is stated in the book Hidayatun
Noor of Moulana Sa’dullah that to remove hair and nails in the state of
ritual impurity (janaabat) is makrooh. However, I have not come across this
belief anywhere (that the hair and nails will complain to Allah on qiyamat). In
any case it does appear to be false.
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All progress is dependant upon remaining steadfast on
the Shariah.
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Earning is not in your control, but spending is.
Extracted from: Words of Worth (Hazrat Maseehul
Ummat)
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