Q: I advertised my car for sale. A person wanted to buy the car and paid a deposit of R500. The car was then kept for him until he pays the full amount. After a few hours the man returned and indicated that he does not want the car and wanted his deposit back. I refused to return the deposit since I had declined many other offers. I also had incurred advertising costs. Eventually, I decided to give back R250. Kindly explain if I was correct in keeping the remaining R250.
A: Since you accepted a dissolution in the transaction, the full deposit amount of R500 had to be returned to him. The advertisement costs was a risk undertaken by you.

Q: Monies accrued from the Pension Fund Act (1956), does it form part of the nett Estate of the deceased? An amount is deducted from the salary and paid to the fund. The employee has no claim over the contributed amount.
A: The monies accrued from the Pension Fund Act (1956) as death benefits is not subject to the rules of inheritance. The monies will be distributed according to the rules and principles of the act.

Q: What does the Shari'ah say regarding, Unidentified Flying Objects (UFOs), aliens, etc.?
A: The creation of Allah Ta'aala is very vast and beyond our comprehension. In every time and era scientists have made strange discoveries of the creation of Allah and they will continue to do so. However, the research of the scientists will be exhausted yet they will never be able to conquer the reality of the creations of Allah, nor will they be able to discover even a fraction of the entire creation.

However, the creation of Allah is a manifestation of the Power of Allah. Allah invites us to ponder upon His creation and understand His Power. With regard to aliens and flying objects, since the reality of these objects are not known, it is not possible to comment upon them. For our belief, if there is reality in those objects, it should be seen as another manifestation of Allah's Power.

Q: Is there any basis in Shari'ah about the second Islamic month of Safar, having bad luck?
A: No, this has no basis in Shari'ah. Rasulullah (Sallallaahu Alayhi Wasallam) said, 'There is no (evil in the month of) Safar. (Mishkat pg. 391; Saharanpur)

Q: Is it permissible to take part in the forthcoming SA democratic elections, by voting or standing as a candidate, etc.?
A: It is permissible to take part with the following conditions; a) there is no obtstacle in accomplishing the laws of Islam, b) one is able to serve the Muslims, and, c) one is able to save the Muslims from oppression. (Fataawa Mahmoodiya vol.13 pg. 425)

Q: Is the monarchy system of ruling in Muslim countries according to Shari'ah?
A: The hereditary nature of the monarchy system is in conflict with the Islamic teaching. The appointment of a ruler in Shari'ah is based on qualifications and not on hereditary claim.

Q: Is it permissible to consult a non-Muslim for treatment in witchcraft?
A: It is advisable to consult a pious and upright Muslim. However, as a last resort, it is permissible to consult a non-Muslim provided that he does not practice Shirk or any other un-Islamic act in his treatment.(Fataawa Mahmoodiya vol.5 pg.158)

Q: Do I make sajda everytime I hear the Aayat of Sajda from a cassette? What if I am teaching the Quraan to a child, do I make sajda everytime we read the Aayat?
A: If a verse of Sajda is heard on a cassette, it is not compulsory to make Sajdah. While teaching, if a verse of Sajda is recited repeatedly in the same sitting, only one Sajda should be made. However, if one walks away from the place of the first recitation or moves into a totally different place e.g. a different room, and the Aayat of Sajda is repeated then separate Sajda should be made for each time that the Aayat was recited in a different place. (Aalamgiri vol. 1 pg. 132; Rashidiyya)

Q: If Arafaat falls on a Friday, then will the Hujjaaj perform Jumu'ah Salaat at Arafaat?
A: No, the Hujjaaj will not perform Jumu'ah Salaat at Arafaat. Instead, they will perform Dhuhr Salaat. Rasulullah (Sallallaahu Alayhi Wasallam) performed Dhuhr Salaat on Friday at Arafaat. (Mishkat pg. 225; Saharanpur)

Q: Is it permissible to cohabit with the wife whilst she is pregnant?
A: Yes, it is permissible as long as cohabiting does not harm the child and the mother.(Fataawa Mahmoodiya vol.5 pg.197)

Q: My mother passed away without performing some of her Salaat. Can I perform the Salaat on her behalf?
A: In principle there is no deputation in physical worship, such as, Salaat. Hence, it is not correct for you to perform the Qadhaa Salaats on behalf of your mother. Fidya (monetory compensation) should be given for the missed Salaats from within 1/3 of her Estate if she made a bequest of Fidya. If she did not make a bequest, you should apply your honest discretion for the number of missed Salaats and give the money to the poor and needy Muslims as Fidya for your mother's missed Salaats. It is hoped that Allah will accept it on behalf of your mother.

The amount of Fidya for each Fardh Salaat and Witr is equivalent to the amount of Sadaqatul Fitr.

Q: Is it permissible to use crabs as fishing bait?
A: It is permissible only if the crab is dead. (Fataawa Mahmoodiya Vol. 5, p. 129).

Q: Is it permissible for a Muslim to participate or follow the burial proceedings of an influential non-Muslim?
A: It is not permissible to follow the burial proceedings of any non-Muslim, whether influential or not, in any manner.

Q: What is the Shari'ah position on Suicide?
A: Allah Ta'aala, our Creator, has granted us life and sent us to this world to test our submission to Him. During this test various conditions come upon a person. Allah Ta'aala says, "Do people think We will leave them saying 'we believe' and they will not be tested. Verily we have tested the people in the past so that the truthful are known and the liars are known." (Ankaboot 2-3).

In another Aayat, Allah Ta'aala says, "Verily we will test you with fear, hunger, and by decrease in wealth, lives and fruits (crops). Glad tidings for the patient ones who (at the time of adversities) say, "Verily we belong to Allah and to Him we return." (Baqarah 155 - 156).

Furthermore, Allah Ta'aala has also promised relief after difficulties, He says, "Verily with every difficulty there is relief." (Nashrah 6 - 7)

The solution to the different frustrations in life is not taking one's life but to be patient and seek assistance from Allah directly. One should also ask the pious to make Du'a for one. Taking one's life is strictly prohibited. Such a person will be continuously punished in the hereafter in the manner he had taken his life. Thus, escaping from one temporary problem, he places himself into a permanent problem from where there is no escape.

Life is a trust from Allah and such a person who breaches the trust of Allah will be held in contempt even in this world i.e. the Ulama and leaders of the community should not attend his Janaaza. The punishment in the Hereafter is more severe.

Q: An executive of an Islamic institute involves himself in immoral activities, e.g. dancing, going to pubs, etc. He has given a say to the Shi'as in the affairs of the institute, and has also declared them a 'Madhab' of Islam? Does this person qualify for the post? Can he give lectures/Khutbah and lead the Salaat?
A: The fundamental requisite for an executive of a Muslim organisation is to be Ameen (trustworthy). The position is a trust which is vested in order to direct the organisation toward promoting and preserving Islamic values and principles.

Any act perpetrated by any executive contrary to Islamic values and principles is a breach of trust. Hence, such a person is not worthy of this position. As such, declaring Shi'as a Madhab, associating its members with un-Islamic activities, dancing, singing, etc. is a breach in trust. Such a person should be immediately removed and be replaced by a suitable person.

Q: If a woman has hair on her face, can she remove it?
A: Yes, she can remove it.

Q: Zaid took my husband for a drive. Due to his racing and negligence, he met in an accident and my husband passed away. Is it permissible for me to sue Zaid and get blood money?
A: The accident that occurred due to 'racing' is a violation of the traffic laws. Therefore, Zaid is responsible for the death of your husband.

However, since Zaid did not intend killing your husband, his negligence will be categorised as Qatl Khat'a (unintentional killing) (Buhooth fiy Qadaya fiqhiya Asriya; Mufti Taqi pg.311).

In a non-Islamic state, e.g. South Africa, India, etc. Zaid has to pay the blood money from his own wealth. (Fataawa Darul Uloom vol.2 pg. 904, Deoband; Raddul Mukhtaar vol.6 pg. 647, Karachi).

In an Islamic state, the Aaqila (family and associates) will assist in paying the blood money. The blood money is 100 camels or 10 000 Dirhams or 1000 Dinaars. 1 Dirham is equivalent to 3.06 grams of Silver, 1 Dinaar is equivalent to 4.374 grams of Gold. The amount may be paid in cash immediately or over a period of three years. He also has to fast for two months continuously and repent for his negligence.

Q: What is the ruling on goodwill money for an empty shop?
A: Goodwill (key money) for an empty shop is not permissible. However, the aggregate price of the shop could be increased according to the goodwill value.

Q: Does the white discharge in women break Wudhu?
A: Yes, the discharge breaks the Wudhu.

Q: Is it permissible for females to cut/trim their hair apart from coming out of Ihraam?
A: No, it is not permissible.

Source:  Jamiatul Ulama (Kwazulu-Natal)