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Focus on Fiqah

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Focus on Fiqah
(Your questions answered)

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Al-Farouq Iftaa Department, PO Box 4280, Korsten, 6014, South Africa

Q If a male reads his faraz salah at home and not in the Musjid, is he guilty of sin?
A
Salah with jamaat salah is waajib according to most of the Ulema, unless one has a valid reason. And this jamaat generally refers to the jamaat of the Musjid, not jamaat in one’s home. Hence, one who does so without a valid reason is certainly guilty of sin. Some valid reasons are: severe weather conditions that make it difficult to emerge, a real fear of being attacked, robbed, or injured; a pressing urge to answer the call of nature; a sudden, immediate need to go to the assistance of one’s fellow Muslim; a physical disability such as being lame or cripple; tending to the need of disabled parents, travelling. You will observe that these reasons are not normal or frequent occurrences. Should such a situation arise, one should endeavour to at least perform jamaat salah with the family at home. On one occasion Rasoolullah sallallahu alaihi wasallam had to go to the outskirts of Madinah to settle a dispute between two clans of the Ansaar. Having successfully done this, he returned to Madinah, only to find that the jamaat salaah in his Musjid was over. Hazrat Abdur Rahmaan bin Auf radhiyallahu anhu had led the salaah in his absence. He then entered his home and made jamaat with his family members.

Q Is it permissible to kiss the Hajre Aswad when not in Tawaaf?
A
Yes, one may make the istilaam of Hajar-e-Aswad even when not making tawaaf, like it is done after tawaaf and before making sa'ee.

Q A person did not give fitrah for past Ramadaans. At that time the person was not staying with their parents. Should this person give it now and what amount?
A
It must be given now according to current rates.

Q When we are in Jannat, will we keep the same names as we have here on earth?
A
I vaguely recall reading something about this but can't remember exactly. Apparently, we will still maintain our same names as in this world, unless a person had an un-Islamic name, which will then change as Allah decides. What I remember also is that besides our birth names, people will be given titles according to their good a'maal.

Also, some will be allowed to pick far more better and beautiful names for themselves. And Allah knows best.

Q What is the ruling regarding having a girls ears pierced for inserting earrings? I have intended to have my daughters' ears pierced but I have some doubt in my mind. Could you enlighten me?
A
Piercing ears for girls is permissible since they are allowed to wear jewellery, and this is the purpose of ear-piercing. Since it is easier to do it when they are babies, it is better to do it now. However, once the ear is pierced, just place the minimum size earing into the hole, a very basic one.

Q In the book Tazkiyah, on page 13 under the heading Repentance, I understood it as a person should make taubah and promise to Allah not to commit sin. Since we are all bound to sin, should we make a kaffarah for violating the oath unto Allah Ta'ala? Or does it pertain to a certain sin? And what if one again commits that particular sin?
A
The kaffara applies to violation of an oath, not a promise. In taubah one makes a promise to Allah. If that promise is broken, there is no kaffara. If the sin is committed again, it is deplorable but one has to renew the taubah and the promise. However, if one swore an oath that he/she will not commit that sin again, and the sin is repeated then a kaffara will be wajib for breaking the oath. This applies to any oath, not necessarily the oath not to sin again. Hence it is wise not to swear that one will not sin again, for the risk is that the sin will be repeated and kaffara will be wajib. A firm promise at the time of taubah is enough.

Q A woman wears niqaab outside the home. When non-Muslim men (e.g. gardener, clients, etc.) visit her home, should she don her niqaab before appearing before them?
A
Yes, she should have her niqaab in this case.

Q I have heard that when making qaza fasts of Ramadaan, the niyyat should be made at night and not during the morning.
A
Quite correct, but it means before subuh saadiq.

Q Can the niyyat for a qaza fast be made before Fajr time?
A
Yes, before the break of dawn (subuh).

Q In the past, qaza fasts were kept when the niyyat was made at Fajr time. Should these qaza fasts be kept again?
A
If the niyyat was made after subuh saadiq then, yes, it must be repeated. But if one had an intention in the heart to keep a qaza tomorrow then that was sufficient, even if the verbal intention was made late.

Q Is the advent of Imam Mahdi proven from authentic hadith?
A
Yes. Our booklet detailing this story will be published soon, Insha-Allah. Get your copy from our address as soon as it is available.


FATWAS OF HAZRAT MOULANA ASHRAF ALI THANWI (RA)

Q At the Holy Ka’ba, when making sa’ee (between Safa and Marwa), the law is that one should jog between the Meelayn Akhdharayn (the two green posts). What is the basis of this ruling? What is this Meelayn, and for what reason has it been erected? I have heard that these were once upon a time two Shaytaans who were turned into stone. Is this correct?
A
Hazrat Hajira (alayhas-salaam) went looking for water for her little son Ismail between mount Safa and Marwa. At a certain point in the middle of these two hills, the ground sloped downwards and from there she was unable to see her baby. In a state of panic, she broke into a jog between these two points. Later on signs were put up to indicate the exact points between which she had jogged.

Q Is it permissible for a Muhrim (one who is in Ihraam) to slaughter the qurbaani and hadi animal himself?
A
It is stated in the famous fiqah work, Ad-Durrul Mukhtaar that this is permissible.

Q If the Haji delayed shaving the hair till after the days of Nahr, (i.e. 10, 11, and 12) what is the Shar’ee ruling?
A
From the book Durr-e-Mukhtaar we learn that this delay necessitates a dum (penalty).

Q Hajj was not faradh upon someone due to lack of funds. However, another person provided him with money for Hajj, whereupon this individual went and made a Nafl Hajj on behalf of himself. After performing this Nafl Hajj, he became so wealthy that Hajj was now faradh upon him. Will that first Nafl Hajj suffice for the faradh Hajj, or will he have to make Hajj again?
A
When making that first Hajj if his intention was purely Nafl then that first Hajj cannot suffice as a faradh Hajj; one will have to make another Hajj with an intention of faradh. If on the other hand when offering that first Hajj, he had made an intention of Nafl and Faradh Hajj, or a straightforward intention of Hajj, without any classification of faradh or Nafl, then that first Hajj would be considered a faradh Hajj and now that individual will be absolved of the responsibility of making another Hajj.

Q Zaid is a father of 8, who has no income but owns a house (besides the one he is living in). In order to pay off his debts, he sold the house. Having settled his debts from the proceeds, there remains enough money to perform Hajj, but he intends to arrange his baaligh daughter’s nikah. Should he go for Hajj or get his daughter married?
A
Based upon the rulings of former Fuqahaa, Hajj will be faradh upon Zaid in the above case on the following conditions:

  1. He does not need that sum of money as capital for a profession;

  2. There is no fear that his daughter will remain unmarried for an indefinite period;

  3. They have a house of their own to live in;

  4. The money will cover expenses of his family while he is away.

If the above conditions are found, Zaid will have to execute the duty of Hajj.

(Imdaadul-Fataawa, vol. 2: The Chapter on Hajj)

Q How is Qurbani made on behalf of the dead? Does it mean making one’s own Qurbani and conveying the reward to the dead, or should the Qurbani be made in his name?
A
Both methods are permissible.

Q Qurbani skins were sold. Is it permissible to donate this money to Hijaaz Railways?
A
A condition for the distribution of this money (i.e. money acquired from the sale of skins) is tamleek, that is making a poor person the owner. This does not happen when donating the money to Hijaz Railways, hence it is not permissible to do so.


THE LETTER BAA

The entire Quraan is present in Surah Faatihaah while the entire Surah Faatihaah is present in Bismillah, and Bismillah is present in the Baa of Bismillah, while the Baa is present in its dot. If the dot below the Baa of Bismillah is removed, tell me what letter will it be? This elucidates the fact that the position and status of Baa is on the basis of its dot. Hazrat Maseehulllah (rahmatullahi alay)


Rights of the Body

The life within man is termed Nafs, and that, too, has certain rights over the individual. The technical term for this is Rights of the Nafs. The first three rights of man’s body are compulsory factors, and they are:

Safeguarding health, safeguarding bodily strength, and safeguarding peace of mind, or contentment. Utmost care must be given to safeguarding the health in eating, sleeping, living conditions, and other aspects. Effort must be made to maintain good health. Anything unhealthy should not be consumed. One should always ask Allah Ta’ala for aafiyat (protection).

Extracts from: Ifadat-e-Farouqi #2