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QUESTIONS
AND ANSWERS
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A. This modernist academy consisting of liberals and
semi-orthodox learned men who incline towards liberalism is not a Shar’i
authority. Some Molvis when they are bereft of any Shar’i arguments seek
refuge in the statements of such liberal organisations which make great use of
personal opinion to even override the Shariah. The deviant Salafis who have
renounced the Taqleed of the Four Math-habs at least have a bit more shame and
sense then our modernist molvis of shallow learning. The Salafis cite the Qur’aan
and Sunnah as their proof, albeit subject to their opinion. But they do say: Qur’aan
and Sunnah. But our modernist molvis lack even the intelligence to say: “Qur’aan
and Sunnah”. They do not know whether they are coming or going, hence they
irrationally blurt out drivel such as “the Arab Ulama say so and the Jeddah
Fiqh Academy has passed this and that resolution.:” Only men bereft of true
Shar’i Ilm behave so irrationally and weakly. They bypass the Shariah’s
Proofs and the Fuqaha, and then cling to straws like the modernist academies.
They dwell in deception and error manifest.
Q. What is the meaning of one year passing before Zakaat
becomes compulsory on one’s wealth? If a person has R5000 on a particular day
and during the course of the year this amount decreases and then increases, but
after a year he has say R3000, on what amount does he have to pay Zakaat?
A. He will pay Zakaat on R3000. That is, the amount which he has after one
year. The initial amount of R5000 and the increase during the course of the year
will be ignored. If on 5th Muharram, for example, the person has an amount in
either cash, gold, silver or stock-in-trade,which equals the Nisaab of Zakaat or
more, then he is described as Maalik-e-Nisaab (the owner of the Nisaab). If 12
Islamic months later, i.e.on 5th Muharram the next year, he still has the Nisaab
amount or more, then he pays Zakaat on the amount he has on the day his Zakaat
year has expired. In this example it is 5th Muharram. 612 gm silver is the
Nisaab value. The present Nisaab of Zakaat appears on page
12.
Q. Is it permissible to listen to Qur’aan recital on a
cassette while one is busy sewing on a machine?
A. It is permissible. As long as you pay attention to the recitation, it is
permissible.
Q. The only relatives a man has are two full brothers and
three half sisters (same father, but different mothers). How should his estate
be divided among them?
A. Only his full-brothers inherit. The estate will be shared equally by
them. The half-sisters do not inherit in this case.
Q. If one of the brothers (in the above question) dies,
leaving children, will they inherit in their uncle’s estate. Their father died
before the uncle.
A. The children of the pre-deceased brother will not inherit in their uncle’s
estate. The whole estate will be inherited by the deceased’s one brother.
Q. Since childhood it has been taught to us females that in
Sajdah our arms should be drawn in and put on the ground and not be held up in
the way men do. Our mothers performed Salaat in this way and we were taught this
way. No one ever had a different view. Now we hear on the radio a Maulana saying
that women should position their bodies just like males and keep their arms away
from the ground. Is this right?
A. The ghair muqallid molvi is astray. He has picked up this baseless view
from the Salafis who have an aversion for the Four Math-habs of Islam. The way
you have performed Salaat since childhood is correct. It is not permissible for
females to project their bodies like males.There is greater Hijaab for women in
the Sunnah postures which the Shariah orders for them. Ignore the baseless claim
of the errant molvi.
Q. Should the heels be kept together in Sajdah? Some Ulama
say that the heels and ankles should be held together in Sajdah. Is this
correct?
A. This rare view is erroneous. An unnecessary controversy is being created
by some learned men with such rare views which have very little credibility
among the overwhelming majority of the Fuqaha. The heels and ankles should be
kept apart in Sajdah just as they are kept apart throughout the Salaah.
Q. When I was a non-Muslim I had an illicit affair with a
non-Muslim woman. A child was born of this relationship. I have now embraced
Islam. What are my obligations towards the child and what are my rights?
A. You have no legal rights over the child according to the Shariah. The man
who fathers an illegitimate child is not accepted as the legal father of the
child. Legally in the Shariah, you have no right over the child nor any
obligations towards him/her. However, if you wish to assist with the maintenance
of the child, you may do so. But you may not have any contact with the child’s
mother unless she embraces Islam and you get married to her.
Q. A woman left her husband’s home in defiance and went to
her parents. As she was leaving, the husband said: “Don’t ever come back!”
Is this statement a Talaaq?
A. It will be a Talaaq only if the husband had the intention of Talaaq.
Q. The husband says that he regrets having married his wife
and that he does not want her back; she should stay by her parents. Are these
statements Talaaq?
A. These statements will be Talaaq only if the husband had the intention of
Talaaq at the time when uttering them.
Q. Is it permissible to use a real fur garment and a garment
in which dog’s hair has been used?
A. Such garments are permissible.
Q. If the underarm and below navel hair is longer than a rice
grain but less than 40 days have passed, is it sinful not to remove it?
A. It is compulsory to remove these hairs after 40 days. It is Sunnat to
remove it once every seven days regardless of length. It is not sinful to
abstain from removing these hairs if forty days have not yet passed.
Q. Is it permissible to eat the food which is served at 40
day khatam functions?
A. It is not permissible to participate in these bid’ah functions nor is
it permissible to eat such food of bid’ah.
Q. We have been taught that there are 14 Aayats of Sajdah in
the Qur’aan Shareef. I counted these verses and found 15. Please explain.
A. In Surah Hajj there are two Sajdah verses. The second one is for Shaafis
and the first one for Hanafis. According to the Hanafi Math-hab, the second one
is not an aayat of Sajdah.
Q. When Hifz students recite an aayat of Sajdah a number of
times to memorize it, do they have to make a number of Sajdahs equal to the
number of times they have recited the aayat?
A. If they are sitting in the same place while reciting the aayat, only one
Sajdah is necessary. If they change to another place and repeat the aayat, then
another Sajdah will be necessary. Q. At a Deeni school a sports day was
organised. The students were classified into different groups and each group was
given a kuffaar name such as Leopards, Torus, Virgo, etc. A variety of sporting
activities took place. Is this not emulating the kuffaar?
A. Undoubtedly it is emulation of the kuffaar. Rasulullah (sallallahu alayhi
wasallam) said: “Whoever emulates a people becomes of them.” The school you
have referred to cannot be a Deeni institution. Its outer ‘deeni’ facade is
a deception. A Deeni institution does not so flagrantly organise haraam
activities in emulation of the kuffaar. This school is a great danger to the
morals of the Muslim children. Participation in such evil functions is haraam.
Q. In the morning a person wakes up and finds mazi on his
clothes, but he cannot remember having seen any sexual dream. Is ghusl fardh?
A. Ghusl does not become fardh when mazi is released. The release of mani
(sperm) with shahwat (lust) makes ghusl compulsory whether any dream was seen or
not. If the person is sure that it is mazi and not mani, then ghusl is not
necessary. Only the affected parts should be washed.
Q. The deceased is survived by his parents, 2 brothers, 2
sisters, nephews and 4 nieces (from his brother’s side). How should his estate
be distributed?
A. Only his parents will inherit. His mother gets one sixth of all the
assets and the father takes the remaining five sixths.
Q. Some people say that the face and arms should not be dried
after wudhu. Is this correct?
A. It is permissible to dry the face or to refrain from wiping it.
Q. Some people in Pietermaritzburg claim that according to
The Majlis a haafiz who trims his beard to less than a fist length can lead the
Taraaweeh Salaat. Please comment?
A. Either you have been misinformed or you have misunderstood what you have
been told. A haafiz who trims his beard to less than a fist length is a faasiq.
It is not permissible to appoint him to lead the Taraaweeh. We have reiterated
this mas’alah in a number of issues of The Majlis.
Q. Is it necessary for the marriage to be consummated before
the Walimah?
A. Consummation is not necessary The Walimah may be organised at any time.
(Walimah is the Sunnat feast which the man organises. It is not the customary
wedding feast which is accompanied by haraam acts).
Q. A widow cannot make ends meet. She is in considerable
difficulty, but she has some gold jewellery the value of which is more than the
Zakaat Nisaab. Is it permissible to give her Zakaat?
A. As long as she has gold jewellery, the value of which equals the Zakaat
Nisaab, it will not be permissible to give her Zakaat. She has to sell the
jewellery and use the money for her needs. Thereafter Zakaat may be given to
her.
Q. Is the custom of the girl’s family hosting a reception
at their home after the nikah a valid Islamic custom?
A. No, it is not an Islamic custom. It has no place in the Sunnah. Islamic
customs are those which have their origin in the Sunnah.
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