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In the name of Allah, The Most Beneficient, The Most Merciful.

Whether you're a newcomer to Islam, a Muslim or Muslim Revert who is rediscovering true Islam for the first time, someone who is simply interested in the faith which claims over two billion followers worldwide, or a researcher, educator, student or writer, this website presents authoritative Islamic Answers to Questions about Islam from both Muslims and non-Muslims. .

 

 
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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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