Q: What is the ruling regarding an Imaam of a Masjid who is not regular in his Fajr Salaat? Can his salary be deducted?
A: As part of the Imaam's duty, if he is required to perform the Fajr and Esha Salaat at the designated Musjid but failed to do so then he is guilty of not discharging his duty. However, Salaat behind him is valid.

It is suggested that the Imaam be informed that in future his salary will be deducted proportionately for not discharging his duty.

Q: According to Shari'ah, is it permissible to be an Internet Service Provider (ISP) and charge a service fee considering the fact that it might be used in immoral and unlawful activities?
A: Internet is a modern technique of communication and its use is not prohibited in Shari'ah. Therefore, charging a service fee is not prohibited. The using of the Internet for some unlawful activities does not render all the Internet Services as prohibited. It is similar to a tape-recorder which can be used for both permissible and prohibited activities. The person using the internet and tape recorder will be responsible for using them for unlawful activities.

Q: My friend borrowed some monies from me and is unable to repay me. Will it be permissible for me to offset the debt due to me with the Zakaat which I have to pay?
A: By offsetting the debt, the Zakaat will not be discharged.

Q: What is the Shari'ah ruling regarding a partner in the company taking a monthly salary?
A: If the partner is working for a business in partnership while other shareholders are sleeping partners and the working aspect is not taken into account in allocating the proportion of profits (i.e. the proportion of profit is not increased for the working partner in consideration of his work), it is permissible for the working partner to be paid a monthly salary. (Answer by Mufti Taqi Usmani, Pakistan)

Q: Is it permissibe to give Talaaq when the wife is menstruating? Is the Talaaq valid?
A: It is not permissible to issue Talaaq to a menstruating woman. However, the Talaaq issued during menstruation will be valid. (Bukhari vol.2 pg.790; Rahimiyya)

Q: A person finds the Imaam already in Sajda. Since he has already missed that Rakaat, what must he do? Is it correct to wait for the Imaam to come up from Sajdah and then join the Imaam?
A: The Masbooq (late-comer) should join the Imaam in Sajdah even if he has missed that Rakaat.

Q: What should I consider in choosing a career. Can I choose a career of tourism wich will include visiting religious sites of non-Muslims?
A: In choosing a career, consider the following advice of Rasulullah (Sallallaahu Alayhi Wasallam): 'Do not undertake an involvement that would hinder your practice on religion.' (Mishkãt pg.441; Qadeemi)

The fundamental focus in choosing a profession is to preserve one's Deeni and Islamic values. It is not permissible to pursue a profession in which a person will be compelled to compromise his Deen. Religious rights of non-Muslims have become a tourist attraction and places of honour. Honouring such places is obviously prohibited in Islam as it is in honour of incorrect belief and Aqaaid. As such, it is not permissible to undertake the trade of tourism as an income if it will involve the above or any other sinful activity.

Q: Is the following clause of the Will correct according to Shari'ah - 'I hereby bequeath my house, household items and car to my wife'?
A: A bequest cannot be made for an heir. Since the wife is an heir, the bequest made for her is invalid. The bequeathed items form part of the nett Estate and must be distributed according to the Islamic Law of Succession and Inheritance.

Q: A toilet inside the house faces the Qiblah. Is it permissible to use the toilet, or should the direction be changed?
A: Hadhrat Abu Hurayra (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, 'I am to you like a father to a son, do not face the front or back towards the Qiblah (when relieving onself).' (Tirmidhi vol.1 pg.8; HM Saeed Company). According to the above Hadith, when relieving oneself, it is not permissible to face the front or back towards the Qiblah. Therefore, the direction of the toilet should be changed. However, if that is not possible, one should sit in a posture, away from the actual direction of the Qiblah. (Ibid)

Q: A person missed Fajr Salaat. When should he make Qadhaa of the Fajr Salaat - immediately after sunrise or at Dhuhr time?
A: Rasulullah (Sallallaahu Alayhi Wasallam) said, 'Whosoever (unintentionally) sleeps through a Salaat or forgets to perform Salaat, he should perform it when he remembers.' (Tirmidhi vol.1 pg.43; HM Saeed Company). In view of the above Hadith, the person should perform his Salaat as soon as he wakes up. However, he should ensure that it is not Makrooh time, i.e. sunrise, midday or sunset.

Q: Often customers forget their valuables on my premises. Many months pass by without anyone claiming those valuables. What should be done with them?
A: Such items fall in the category of Luqta (lost items). If you are certain that the owner will not return to claim his valuables, it can be given to the poor and needy as charity on behalf of the owner. However, after giving it in charity, if the owner returns to claim the item, you will be liable to pay the owner. (Shaami vol.4 pg.279; Maktab Tijariyya)

Q: What is the ruling if one forgets or makes a mistake in Salaat, must he make Sajda-e-Sahw?
A: If a person forgetfully omits a Waajib in a Fardh, Waajib or Sunnat Salaat, he can compensate for it by performing a Sajda-e-Sahw at the end of the Salaat. However, if he intentionally omits a Waajib act of Salaat or intentionally or unintentionally omits a Fardh act of Salaat, he cannot compensate for it. He must repeat the entire Salaat.

Q: My husband does not support me and our three children. Often we have to stretch our hands to others to fulfil our basic needs. My husband justifies his devotions in Tabligh and other Islamic activities by saying that Allah provides for us through people. But I feel ashamed to beg from others. Kindly explain the actions of my husband.
A: Every male adult is duty bound by Shari'ah to support himself and his dependants. Rasulullah (Sallallaahu Alayhi Wasallam) said, 'To earn a Halaal livelihood is Fardh (obligation) after other Faraaidh (obligations)'. Tabligh and other Islamic duties is secondary and he may do so after having fulfilled his mandatory responsibility of supporting his dependants. To involve oneself in Tabligh, etc. while neglecting his mandatory respondibility of supporting his family is a sin and also against the principles of the noble work of Tabligh.

It is obvious that your husband is acting without the Mashura of the elders of Tabligh. The elders of Tabligh would never allow a person to leave his wife to beg from others. Had he made proper Mashura, he would have been advised to continue working in his own locality while fulfilling the compulsory duty of providing for his family.

Q: When should a person make Qadhaa Salaat and how many Rakaats should be made?
A: Missed Salaat may be performed at any time except sunrise, midday, when the sun loses its brightness before sunset and at sunset. The missed Salaat can be performed before or after the current Salaat. The number of Rakaats for missed Salaats is the same as current Salaats. However, if a person missed Salaat while on a journey, he will make Qadhaa according to the concession granted on a journey, that is only two Rakaats instead of four Rakaats for Dhuhr, Asr and Esha Salaats.

Q: Is it permissible for strange males and females to look at each other? Also what is the basis of the veil?
A: Allah Ta'aala mentions in the Noble Qur'an, '(O Muhammad (Sallallaahu Alayhi Wasallam), tell the believing males to lower their gazes… tell the believing females to lower their gazes ...' (Quran 24:29-30). The injunction of lowering the gaze is clear that it is not permissible for strange males and females to look at one another. Due to the immorality of times and weakness of resistance, it is compulsory for a female to cover her face which is the focus of her beauty. The covering of the face conveniently facilitates the accomplishment of the purpose of lowering the gaze.

Q: Can a single mother who lives far away travel by aeroplane without a Mahram? Modern modes of transport are safe for a female to travel alone.
A: Rasulullah (Sallallaahu Alayhi Wasallam) said, 'It is not permissible for a female to travel for three days and nights (equivalent to 88 kms.) unless she is accompanied by her husband or her permanent Mahram (a male person whom she cannot marry, e.g. father, mature son, brother, etc.)

Many incidents of computer and mechanical failures of modern day travelling modes are sufficient to explain the reason for a Mahram to accompany a female. However, the wisdom in this injunction is beyond our capacity. Thus we should submit fully to Deen even if we do not comprehend all its wisdoms.

NOTE: Lawyers requesting certification of Estate matters from the Jamiat (KZN) for the Master of the Supreme Court should enquire from the trustees about surviving parents and include them as heirs as they also inherit from the Estate. Many lawyers omit the parents, resulting in them (parents) being deprived of their share. It is also the policy of the Jamiat to examine Wills before issuing a certificate

Al-Mahmood

Source:  Jamiatul Ulama (Kwazulu-Natal)

Source:  Jamiatul Ulama (Kwazulu-Natal)