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QUESTIONS AND ANSWERS

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not be distributed as Zakaat. Since he did express the desire for the money to be distributed as his Zakaat, it can be accepted as a wasiyyat which will operate in one third the value of his assets. If the amount he has set aside for Zakaat is not more than a third the estate value, it may then be distributed to the poor. If it is more than one third the estate, then the excess (the sum more than one third) cannot be distributed.

Q. Is it compulsory to have a bath when istihaadhah bleeding stops?

A. It is not compulsory. It is preferable.

Q. Is it allowed to make Qur’aan tilaawat during istihaadhah?

A. Whatever is permissible during the state of purity is permissible during istihaadhah. Istihaadhah is also the state of purity. Tilaawat is therefore permissible.

Q. I am a Shaafi. There is a dispute among us regarding niyyat for the Saum of Ramadhaan. What is the latest time for the niyyat for the fast to be valid?

A. It is obligatory for Shaafis to make the intention (niyyat) for the Ramadhaan fast during the night time which ends when the time for Sehri ends. The Ramadhaan fast for Shaafis is not valid if niyyat is not made during the night.

Q. Ta’ziyah is said to be Sunnat. Should a female visit the bereaved relatives for Ta’ziyah if a group of people has gathered at the home of the mayyit? Nowadays Ta’ziyah has become a customary gathering where people eat and gossip. Purdah is not observed. Relatives and friends congregate at the home of the deceased and waste much time in worldly conversation. Will it be wrong to abstain from such gatherings?

A. It is not permissible to attend such gatherings. Ta’ziyah (offering condolence to the bereaved) is not a function. It is not permissible to organize meals for people who attend such gatherings. Both men and women should abstain from these bid’ah customs organized in the name of Ta’ziyah.

Q. Please give us the Shariah’s ruling on the following practices: The body of the mayyit is brought to a home after ghusl and before Janaazah Salaat. The body is then placed facing the Qiblah. Ghair mahram females are seated around the body even if the mayyit is a male. Yaaseen and/or Qur’aan Khatam are then recited. The mayyit’s face is uncovered for all and sundry to view. Next, a number of males, mostly family, enters to carry the body out. They appear in full view of the females. The face is once again opened for public viewing either before or after Janaazah Salaat inside or outside the Musjid. I am aware that all these practices are not permissible. However, my main query pertains to the young Huffaaz who are compelled by their elders to recite Yaaseen, etc. by the body even in the presence of the ghair mahram females. If the Haafiz refuses he is labeled disrespectful, etc. Many arguments are produced to silence and compel the Huffaaz to conform. What should they do?

A. The answer is not difficult. They simply should refuse to participate in this haraam affair. Every act besides the Janaazah Salaat in which these bid’atis indulge is haraam. The Huffaaz are adults and are accountable for their actions, All their arguments are baseless in the Shariah. It is not permissible for the Huffaaz to submit to the unlawful desires of their elders. They have no valid argument for participation in bid’ah and haraam. They should concern themselves with the pleasure of Allah Ta’ala, not the whims and haraam fancies of the elders and the community.

Q. Is it compulsory to fulfil a promise made to Allah Ta’ala, e.g. “If I look at a ghair mahram, I will give 5 loaves bread to the poor.” Now if I commit this haraam deed, do I have to compulsorily give the bread to the poor?

A. Yes, you have to compulsorily honour your promise. You may give the bread or its value to the poor. Such Sadqah should be given to only poor Muslims. While the Shariah does not impose such pledges, it is permissible and meritorious for one’s own islaah (moral reformation).

Q. Is it permissible to put a miswaak flat down, i.e. not standing it up?

A.. A miswaak should be placed erect, not horizontally. It is in conflict with the Sunnah to put it down flat. Doing so can impair the mind according to the Hadith.

THE HORSESHOE SIGN

In a recent issue, The Majlis stated that the horseshoe sign, if it was not the emblem of any kuffaar community, would be permissible. A Reader has now informed us that in fact, it is a superstition of the west. In terms of this superstition, he states: “If you put a horseshoe over your door with the points down, a witch will not come under your door. If you put the horseshoe points up, it will bring good luck, and if you point them down, your luck will run out.”

OUR ANSWER
In view of this information, it is not permissible for Muslims to adopt this emblem.

Q. Are there any special duas or Namaaz for the 15th Night of Sha’baan?

A. There are no special acts of ibaadat (Duas, Salaat, etc.) for this Night. It is an auspicious Night which should be spent in ibaadat as much as one is able to. All customs associated with this night are bid’ah, even congregating at the Musjids for lectures.

Q. I bought a property with the intention of hiring it out for gain. Is Zakaat payable on the property or only on the rental?

A. Zakaat is not payable on either the property or the rental. At the end of your Zakaat year you have to pay Zakaat on all Zakaat taxable assets you own. Zakaat taxable assets are cash, savings wherever it may be, stock-in-trade, gold and silver in any form whatsoever and monies owed to you. If at the end of your Zakaat year you still have the rent or part of the rent, then Zakaat is payable on it. You do not pay Zakaat on that portion of the rent which you have used up during the course of the year.

Q. In the fourth raka’t of Fardh Salaat I recited a Surah. Should Sajdah Sahw be made?A. Sajdah Sahw should not be made. Although it is not a requirement to recite a Surah in the third and fourth raka’t of Fardh, Sajdah Sahw does not have to be made if a Surah is recited in these raka’ts. Nevertheless, one should not intentionally recite a Surah in these raka’ts.

Q. Is there a Masnoon dua to recite at the time of yawning?

A. There is no Masnoon dua when yawning. The yawning should be restrained. The mouth should be covered with the back of the left hand, and if in Salaat in the Qiyaam position, with the back of the right hand.

Q. I get a monthly grant from the government. I have saved from the monthly grants a sum which is more than the Zakaat Nisaab. Do I have to pay Zakaat on this money?

A. Yes, Zakaat is obligatory on the money you have saved even if it was from the grant.

Q. My mother directed in her will that the house which belonged to her and in which her children are living, should not be sold as long as all the children have not acquired their own homes. Is this condition permissible?

A. This directive is not valid. The house belongs to all her shar’i heirs according to the Shariah. Any heir can sell his/her share. If the heirs agree to retain the house, then those who occupy it have to pay rent. The rent should be divided among the heirs in proportion to their inheritance shares.

Q. Many modernists claim that there is no evidence in the Hadith for the prohibition of music. On what is the prohibition based?

A. The prohibition is based on the Qur’aan, Sunnah and Ijma’ of the Ummah from the time of Rasulullah (sallallahu alayhi wasallam) down to the present time. The views and claims of the modernist juhhaal (ignoramuses) who are the slaves of kuffaar are of no substance. Simply discard their views in the trash can. This prohibition is so crystal clear that it requires no substantiation whatsoever. The views of stupid modernists do not affect the validity of the Ahkaam of the Shariah. Since music, according to Rasulullah (sallallahu alayhi wasallam) cultivates nifaaq (hypocrisy) in the heart, these modernist Munaafiqeen are hell-bent in their endeavours to promote their kufr belief.

Q. Can black mendhi be used to dye the hair?

A. No. Nabi (sallallahu alaihi wasallam) has forbidden the use of black colouring for the hair.

Q. Should Purdah be observed for domestic servants?

A. Most certainly! Maids and gardeners etc. also fall within the Shar’i category of ghair-mahram, hence purdah should be observed for them. Unfortunately, many people are under the misconception that purdah for domestics and non-Muslims is not necessary. There are many instances of illicit relationships between employers and domestic employees, and bosses with their female staff. This and many other Shar’i transgressions can be avoided if the Shariah is adhered to.

Q. What if a person consumes Haraam and does not realise it? Will the effects of Haraam affect him?

A. Insha-Allah, one will be absolved of the sin of consuming Haraam if one does not know of its being Haraam. However, the spiritual harm as well as physical harm that follow the consumption of Haraam is unavoidable, for example, the soul darkens and one will be lethargic in performing good deeds.

Q. Can women gather in someone’s home and perform Taraaweeh Salaat in congregation during the month of Ramadaan?

A. Nabi (sallallahu alaihi wasallam) said that the best Salaat of a woman is the Salaat which is performed in the innermost corner of her home. Allah Ta`ala has ordered that Muslim women remain glued to their homes. There is consensus of opinion amongst the Salf-e-Saaliheen (pious predecessors) that women should not attend the Masaajid for their 5 daily Fardh Salaat, so how can it be permissible for them to gather at someone’s home to perform a Sunnah Salaat?

Q. When I left home to go on a journey of more than 80 kilometres, I was in the state of

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