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Ibn Kathir Tafsir of the Glorious Qur'an |
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| December 1998 - Ramadhaan
1419 |
Al-Mahmood
2 |
Q: I have a R200,000 bond
on my house which will be paid over 10 years at R20,000.00 per
year. When calculating my Zakaat do I regard the entire
R200,000.00 as a liability? In this case, I will not pay
Zakaat for many years. Alternatively, should I calculate only
the liability of one year (R20,000.00)? A: Only the amount due for one year
i.e. R20,000.00 will be regarded as a liability. (Shami vol. 3 pg. 177; Lebanon)
At the same time, we should remember that it
is Haraam to enter into any transaction which involves
interest.
Q: How long can a married person stay away
from his wife? A: A married person may stay
away from his wife for whatever period that was mutually
agreed upon. However, if the wife is not happy regarding the
husband staying away, then the husband should meet his wife at
least once every four months. (Fataawa Nizamiya
vol. 1 pg. 250)
Q: What is the ruling concerning Muslims who
consume the edibles of the mushrikeen, especially those
presented during Diwali and Christmas?
A:
While it is permissible to accept gifts from non-Muslims,
extreme precaution should be taken about consuming Haraam. For
example, during the festival of Diwali, eatables are generally
prayed upon; to consume such food is totally Haraam.
Therefore, as a matter of precaution all food presented to one
by non-Muslims during their festivals should not be consumed.
It is also not permissible to participate in their functions
and festivals. (Fataawa Abdul Hai pg.
482)
Q: My father passed away many years ago. He
left behind a business and several other assets and
investments. Over the years no Zakaat was paid from the
Estate. How must the Zakaat now be
calculated?
A: The Estate should be wound up
as quick as possible. To delay in winding the Estate is a
sin.
Every heir is the owner of his respective
share. Therefore, he should calculate the Zakaat on his own
share only.
Q: Is it permissible to exchange/sell rands
for dollars and vice versa? What are the conditions, if
any? A: Yes, it is permissible to
exchange/sell rands for dollars and vice versa if the price is
fixed. At least one of the two currencies (rands or dollars)
respectively should be taken possession of immediately. (Iezaahun Nawaadir pg. 119)
Q: How should one calculate Zakaat on
investments?
A: If the company buys and
sells merchandise, Zakaat will be calculated on the capital
investment as well as on the dividends. If the company does
not buy and sell but only leases out properties, Zakaat will
only be calculated on the dividends earned, not on the capital
amount. (Fatawa Rahimiya vol 2
pg.14)
Q: What is the ruling for a person who
commenced fasting in the morning but broke the fast without
any valid Sharée reason?
A: Such a person
will have to make Qadhaa (make-up) for the missed fast as well
as give Kaffarah (compensation) for breaking the fast.
Kaffaarah (compensation) for breaking the
fast is to free a slave. If that is not possible then one must
fast for two months (60 days) in succession. If that is also
not possible then one must feed 60 poor people. (Shaami vol. 3 pg. 390; Lebanon)
Q: Does taking an injection nullify the
fast? A: No, an injection does not nullify
the fast.
Q: What is the ruling of a Muslim adult who
does not fast in Ramadaan without any valid Sharée reason and
eats in public? A:
Fasting is a salient feature of Islam. To openly eat during
Ramadaan is a major sin. In an Islamic country the ruler will
order for such a person to be imprisoned or punished. (Ahsanul Fataawa vol. 1 pg. 37)
Q: A female starts menstruating while
fasting. How should she conduct herself? What if she stops
menstruating during fasting? A: If her menses
commenced while fasting, she can eat (not in public). If her
menses stopped while fasting, she should abstain from eating,
drinking, etc. but (in both instances) make up for the day by
keeping a Qadhaa fast after Ramadhaan. (Aalamgiri
vol. 1 pg. 214; Rashidiyya)
Q: Apart from the practice of the Sahaaba
(Radhiallaahu Anhum) performing 20 Rakaats Taraweeh, is there
any confirmation of 20 Rakaats from the practice of Rasulullah
(Sallallaahu Alayhi Wasallam) himself?
A:
Yes, Ibn Abbaas (Radhiallaahu Anhu) narrates that
Rasulullah (Sallallaahu Alayhi Wasallam) used to
perform 20 Rakaats in Ramadaan besides Witr. (Al-Musannaf ibn Abi Shayba vol. 2 pg. 164; Darul
Taj)
Q: Kindly explain what is
I'tikaaf?
A: I'tikaaf means to go into
seclusion.
I'tikaaf in the last ten days of Ramadaan is
an emphasised Sunnah of Rasulullah (Sallallaahu Alayhi
Wasallam). If nobody in the town sits for I'tikaaf, all
the people of the town will be sinful.
Q: What is the area of shaving the pubic hair
for a male and female? A: The area
immediately under the navel is not to be shaven.
The area of shaving for a person (male /
female) is above and around the private parts. If possible, it
is commendable to shave around the hind private parts as well.
(Al-Kaamil, commentary of Muslim; Imaam Nawawi
vol. 1 pg. 128).
Q: Is it permissible to pay collectors of a
Muslim organisation using the 'commission on the funds
collected' technique? Please explain. A: Commission on funds is
permissible only from Lillah monies if the percentage is
stipulated. Zakaat monies cannot be used to pay the
commission. However, due to various complaints from different
organisations about renumerating in the form of commission, we
discourage that procedure. A set salary should be stipulated
for the collector.
However, since this procedure also has its
negative factors, it is suggested that a basic salary of e.g.
R2000.00 be stipulated and the remaining renumeration be
stipulated according to an amount collected. For example, the
collector be paid a R1,000.00 for every R10,000.00 of which
R8,000.00 should be Lillah and the maximum wage, for example
R4,000.00 be stipulated. If the collector does not collect the
targeted amount of R10,000.00 he should be paid in proportion
to whatever amount he has collected. The renumeration shall
not exceed that amount, irrespective of the surplus amounts
collected. A separate agreement be made for the vehicle,
petrol, wear and tear expenses in a way that is fair but does
not lead to abuse of funds collected.
Q: What is your opinion on the suicide
bombers in Palestine? A: If a community is
oppressed and denied its basic human rights, it is permissible
for them to fight against the oppressors and free themselves
from such oppression. It is permissible for them to engage in
Jihaad - risking their lives in the hope of saving themselves
from oppression.
The people of Palestine are the most
oppressed people and live in constant fear by the rule of the
Jewish oppressors. Their extreme frustration and hardships
have led them to behave likewise - to resort to suicide
bombings. Assuming the suicide bombing is evil but this evil
is opposed by a greater evil for which there is no adequate
substitute, therefore, their act will also be justified as
lesser of the two evils in terms of the Shari'ah.
Q: Can a female make Itikaaf in her
house?
A: Yes, she may make I'tikaaf in her
special place reserved for Salaat. If she does not have such a
place, she may reserve a place and make
I'tikaaf.
Q: A man gave his wife one Talaaq-e-Rajée
(revocable Talaaq). Upon the expiry of the Iddat he issued
another Talaaq-e-Rajée. Is the second Talaaq
valid? A: Upon the
expiry of Iddat she is no more his wife. The second Talaaq is
not valid. (Shaami vol. 4 pg. 540;
Lebanon)
Q: When one or two Rakaats are missed of a
four Rakaat Fard Salaat (behind an Imaam), how does one
complete the missed Rakaat(s) - after Salaam? Do I have to
read Surah Fatiha and another Surah or only Surah
Fatiha? A: 1 RAKAAT
MISSED; The Muqtadi must recite Surah Faatiha and a Surah.
2 RAKAATS MISSED; The Muqtadi must recite in
both Rakaats Surah Faatiha and a Surah.
3 RAKAATS MISSED; In the first Rakaat, the
Muqtadi must recite Surah Faatiha and a Surah and then sit for
Tashahhud. After Tashahhud, he must stand up for the second
missed Rakaat and recite Surah Faatiha and a Surah. In the
third missed Rakaat, he must recite Surah Faatiha only.
4 RAKAATS MISSED; In the first two Rakaats
recite Surah Faatiha and a Surah. In the second two Rakaats
recite only Surah Faatiha. (Shaami vol 2 pg. 346;
Lebonon)
Q: Can Muslims donate/transfuse
blood? A: It is permissible to donate and
transfuse blood if:
a) There is a desperate need to donate
blood; b) There is no other alternative; and c) This has
been prescribed by an expert medical
practitioner.
This permissibility is based on the principal
of 'necessity relaxes prohibition'. (Al-Ashbaah).
However, the permissibility of blood donation
and blood transfusion is determined by the following
conditions:
a) The donor willingly donates his blood.
If he is compelled to do so, it will not be permissible; b)
There is no danger to his (the donor's) life or health; c)
If the doctor feels that the patient will lose his life and
there is no other alternative but recourse of blood
transfusion; and d) There is no fear of death but the
recovery is not possible without blood transfusion.
It is not permissible to sell one's blood or
to pay the blood donor. However, if one is in need of blood
desperately and the only means to obtain the blood is to
purchase it, then only will it be permissible to pay for the
blood.
NB. Blood donation and blood transfusion is not permissible
for the sake of beautification or for any other reason other
than genuine necessity.
Al-Mahmood
Source: Jamiatul Ulama (Kwazulu-Natal)
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