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In the name of Allah, the Beneficient,the 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.

Dhul Qa'dah 1419; March 1999

Al-Mahmood 3

Q: Kindly explain what is Takbeer-e-Tashreeq and when should it be recited.
A: Takbeer Tashreeq is the recitation of Allahu Akbar Allaahu Akbar, Laa ilaaha illa-llaahu Wallaahu Akbar, Allaahu Akbar walillaahil hamd after every Fardh Salaat commencing from Fajr of the 9th of Dhul Hijjah till after Asr of the 13th of Dhul Hijjah. (Shaami vol. 1 pg. 620; Kuwait)

When Ibrahim (AS) began moving the knife on his beloved son, Ismaaeel (AS), the angels sent by Allah with a ram from Jannah exclaimed, 'Allaahu Akbar, Allaahu Akbar' (Allah is the Greatest, Allah is the Greatest). Ibraahim (AS) heard the voice of the angels and replied, 'Laa ilaaha illa-llaahu Wallaahu Akbar' (There is no god but Allah, and Allah is the Greatest). His son Ismaaeel (AS) heard this conversation and understood that Allah had relieved him from this great trial, thus he replied, 'Allaahu Akbar Walillaahil hamd' (Allah is the Greatest, and to Allah belongs all praise) (Ibid).

Q: Is Takbeer-e-Tashreeq compulsory upon a female or a Musafir who did not perform Salaat with congregation?
A: Yes, Takbeer Tashreeq is compulsory upon all of the above. (Ibid).

Q:Upon whom is Qurbani (sacrificing an animal) compulsory?
A: Sacrificing an animal is compulsory upon every adult and sane Muslim who possesses minimum Zakaatable wealth (Nisaab) on the 10th of Dhul Hijjah.

It is not necessary to have the wealth for one year as in the case of Zakaat. (Shaami vol. 6 pg. 312; HM Saeed)

Q: Is Qurbani compulsory upon a minor who is wealthy?
A: No, Qurbani is not compulsory upon a minor who is wealthy. (Shaami vol. 6 pg. 316; HM Saeed)

Q: When does the time for sacrifice commence and terminate?
A: The time for sacrifice commences after the Eid Salaat on the 10th of Dhul Hijjah and terminates upon the setting of the sun on the 12th of Dhul Hijjah. Sacrifice before the Eid Salaat is not valid in an area where Juma and Eid Salaats can be performed e.g. city, town, etc.

In an area where Juma and Eid Salaats cannot be performed according to Shariáh, for example, a little village, then the sacrifice can be performed immediately after Subuh Sadiq (true dawn). (Sham vol.5 pg.221; Kuwait)

Q: Which parts of the animal are prohibited to consume?
A: Seven parts of the animal are prohibited to consume: a) male genitals, b) female genitals, c) testicles, d) the bladder, e) gall bladder, f) glands, g) spinal marrow. (Ahsanul Fataawa vol. 7 pg. 406)

Q: If a person did not perform his compulsory Qurbani for the past 3 years, what should he do?
A: He should calculate the present value of an average sheep or 1/7 share of a cow and give the money in charity. (Ahsanul Fatawa vol. 7 pg. 533)

Q: Is it permissible to sacrifice an animal and pass the reward to a deceased relative?
A: There are two aspects: 1) to make a voluntary sacrifice on behalf of any person e.g. Rasulullah (Sallallaahu Alayhi Wasallam), a relative, etc. This is permissible, the person will get the reward of the sacrifice. However, one must discharge his obligation of sacrifice separately. The sacrifice on behalf of any other person will not suffice for one's own obligatory sacrifice.

2) To make one's compulsory sacrifice and thereafter make an intention of giving the reward to the deceased. In such a case, the compulsory sacrifice of the person will be discharged.

Q: Is it prohibited to cut one's hair in the first ten days of Dhul Hijjah?
A: It is Mustahabb (commendable) for a person making Qurbaani not to cut the hair and finger nails from the 1st of Zul Hijjah until after slaughtering the Qurbaani animal. To observe this Mustahabb act is greatly rewarding. Rasulullah (Sallallaahu Alayhi Wasallam) said 'In lieu of every limb and part of the animal, the person's limbs and parts of his body will be freed from Jahannam (Abu Dawood). Therefore, a person should try as much as possible to leave his hair and nails uncut in these ten days so that they may be freed in lieu of the nails and hair of the sacrificed animals. However, if the hair under the arms and in the pubic region is very long (which renders the Salaat Makrooh i.e. more than forty days), then it will become compulsory to remove such hair. However, if a person forgets to clip the nails before the 1st of Dhul Hijjah and the nails have grown so long that they may cause injury, then he may clip them.

Q: Can Haraam meat be given to cats and dogs?
A: No, Haraam meat cannot be given to cats and dogs.

Q: Is it permissible to include a share of Walima as well as Aqeeqa in one cow?
A: Yes, it is permissible. (Ahsanul Fataawa vol. 7 pg. 533)

Q: Is it permissible to fast on the day of Arafat?
A: Yes, it is permissible. Rasulullah (Sallallaahu Alayhi Wasallam) said, 'The fast on the day of Arafat is an atonement for the sins of the past and following year'. (Sahih Muslim; Hadith 1977). However, for those who are on a journey, such as Hajj, etc. and cannot fast due to physical weakness should not fast. (Hidaaya vol. 1)

Q: Is it permissible to make Du'a after the Eid Salaat before the Khutbah?
A: Yes, it is permissible (Fataawa Mahmoodiya vol. 16 pg. 540)

Q: What is the ruling on the income obtained from selling Haraam meat?
A: Income from selling Haraam meat is Haraam.

Q: Can a person performing Tamattu Hajj perform his Umra first and thereafter go to Madina Munawwarah?
A: It is ideal for a person performing Tamattu Hajj to first go to Madinah Munawwarah and thereafter come to Makkah Mukarramah and perform Umrah. However, if the person for any reason decided to go to Makkah first and perform Umrah, his Tamattu Hajj is valid. (Fataawa Rahimiyya vol. 6 pg. 394)

Q: I am a traveller and stayed at one place in Durban for 20 days. Thereafter, I travelled to Empangeni and returned to Durban at the same place for only two days. Must I make Qasr in the remaining two days in Durban?
A: By undertaking a journey of 88 kms. (48 Sharée miles) or more from the place you were stationed at in Durban, your stay in Durban was then cancelled. Thus upon your return you are a Musaafir and have to perform Qasr (2 Rakaats in Dhuhr, Asr and Esha).

Q: I live in Durban with my family and go to Empangeni for business. During the weekends, I return to Durban. I also have a house in Empangeni. Presently, I do not intend residing there. Am I a Musaafir in Durban and Empangeni and do the concessions of a Musaafir apply to me in both places?
A: If you intend staying in Durban permanently then while in Durban you are not a Musaafir. You will have to complete your Salaat. If you have intention of returning from Empangeni before 15 days, you will be a Musaafir there. You will have to make Qasr (perform two Rakaats) in Dhuhr, Asr and Esha Salaats. Witr will also have to be performed when you are a Musaafir.

Q: What is the ruling of a person who humiliates an Aalim of Shariáh?
A: If the person humiliates an Aalim because of his views based upon his knowledge of the Qurãn and Hadith, such a person loses his Imaan. If he is a married person his Nikaah terminates. If he fathers a child before renewing his Imaan and reperforming his Nikah, the child will be illegitimate. (Fatawa Mahmodiya vol.6 pg. 119)

Q: What does the Shariáh say with regard to dying hair? Is it permissible to dye one's hair?
A: Pure black dye is not permissible. Rasulullah (Sallallaahu Alayhi Wasallam) said, "There will be people who will come later (in my Ummah) and apply black dye. They will not even smell the fragrance of paradise." (Abu Daawood). However, it is permissible for a Mujaahid (warrior) to apply black dye in order to give the impression of being young. (Jawahirul Fiqh vol2 pg421)

To dye the hair any other colour besides black e.g. Mehndi or Katm (type of grass) is permissible. This was the practice of Rasulullah (Sallallaahu Alayhi Wasallam) and the Sahaaba (Radhiyallaahu Anhum). (Jawahirul Fiqh vol2 pg421)

Q: A couple are married according to Islamic rites. They own two cars, one of which was brought into the marriage while the other was purchased during the time of marriage. They also own a house which was purchased during marriage.

They are now in the process of divorce. How are the assets to de divided? What is the position with regard to maintenance?
A: According to Shari'ah, any person (husband/wife, etc) is the sole owner of his/her assets. The marriage or divorce does not affect the sole ownership of the assets. The two cars and house belong to the sole owner, be it the husband or the wife. However, if the assets were in partnership, each partner would take his/her respective share.

A divorcee is entitled to maintenance upto expiry of the Iddat, if she is not guilty (according to Shari'ah) of the marriage breakdown. If she is guilty then she is not entitled to maintenance even during Iddat. The father of the children is solely responsible for his children. Thus, he will have to support them even though they are not in his custody.

Q: Is is true that during an eclipse, a pregnant woman should not handle a knife or any other sharp instrument, otherwise the child will be affected?
A: No, this has no basis in Shari'ah.

Q: Kindly explain the Shar'ee procedure of employing an Imaam.
A: Basically the trustees and Imaam enter into a contract of Ijaarah (hiring) and the contractual agreement is binding on both parties.

As such, the duties and remuneration should be specified, thus leaving no such ambiguity which may lead to any confusion in future. Any ambiguity in the contract will render the contract invalid. Apart from the contractual agreement, the responsibility of the Imaam is to dedicate himself to serve the community and bring about an Islamic awareness and reformation. In order for the Imaam to successfully interact with his congregation, the Trustees must honour and respect the Imaam.



Source:  Jamiatul Ulama (Kwazulu-Natal)


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