All posts by admin

Zakah on income and building

Question:
Assalamualaikum Wa Rahmatullah Wa Barakatuhu.
Mufti Sabh I have some shops and I have steady income every month. I use that money to help my close relative’s house expenses. 2 things I like to know. On that money do I have to pay zakat and also do I have to pay zakat on the shops as they are paid?
Jazak ALLAH khairan

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

At the outset, it is important to understand the basic concept of calculating Zakāh.

The day an individual becomes owner of Zakātable wealth (gold, silver, cash, or trading merchandise) equivalent to the amount of Nisāb (612.36 grams of silver or its value in cash)[1], this day is termed as his Zakāh day. In other words, annually all Zakātable wealth in his ownership on that day must be calculated for Zakāh.

If one does not remember when he first became owner of this amount i.e. 612.36 grams of silver or its value, he must apply his discretion and arrive at a conclusion. If he is unable to remember even after applying his discretion, he must stipulate any day as his Zakāh day based on the lunar calendar. Thereafter, on a yearly basis he must calculate all Zakātable wealth in his ownership on that day.[2]

Based on the aforementioned, hereunder are the answers to your queries:

  1. You state that you have some shops. In principle, Zakah is due on the market price of all trading merchandise (inventory) present in the shops on the annual Zakah day. There is no Zakah on the store buildings.[3]

 

  1. You state that you have income from the shops that you use to assist a relative. Zakah is due on the amount of the income that is present with you on your annual Zakah day. Zakah is not due on the amount that was spent prior to your annual Zakah day.

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

[1]اوزان شريعه، ص 49

[2]احسن الفتاوى، ج 4، ص 265، سعيد

[3]  احكام زكاة (حضرت مفتى رفيع عثمانى صاحب)، ص 18، ادارة المعارف كراتشى

Taking soap, shampoo, and towels from hotel

Question:

Assalamu Alaikum Mufti Sahab, This question is we stayed in a hotel for some days. There they gave soap, shampoo, and towels for our use. But we took them home . Is this permissible or not?

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Generally hotels intend guests to use and keep consumable items such as soap bars and shampoo. However, items that are not consumable such as towels are not meant to be taken by guests, rather   they are meant to be used for the next guests.[1]

If this is the case, it was permissible for you to take home the soap bars and shampoo. However, it was impermissible to take the towels home.

Hence, make Tawbah to Allah Ta’ala for the mistake. Along with Tawbah, you must compensate in one of the following ways:

  1. If the towels are still in your possession, then you must return the towels to the hotel.[2]

 

  1. If the towels are no longer in your possession, then purchase the same type of towels and give the towels to the hotel.[3]

 

  1. If you are unable to find the same type of towels in the stores, then you must estimate the price of the towels and give this amount to the hotel.[4]

 

  1. If the hotel has shut down or has relocated and you are unable to return the towels or compensate the value, then you must give the same to the needy as charity.[5]

 

You may consider returning the towels (or monetary compensation) to the hotel by anonymously mailing to them in order to protect yourself from any sort of trouble and difficulty.

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Checked and Approved by my Esteemed Teacher,

Mufti Husain Kadodia Damat Barakatuhum

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

[1] https://www.quora.com/Is-it-stealing-if-you-take-certain-items-in-your-already-paid-for-hotel-room-like-soap-shampoo-stationery-etc   Last accessed on 1-1-16

 

[2]  ( ويجب رد عين المغصوب ) ما لم يتغير تغيرا فاحشا  مجتبى (الدر المختار، ج 6، ص 182، سعيد)

 

[3]  ( أو ) يجب رد ( مثله إن هلك وهو مثلي (الدر المختار، ج 6، ص 183، سعيد)

 

[4]  وإن انقطع المثل ) بأن لا يوجد في السوق الذي يباع فيه وإن كان يوجد في البيوت

ابن كمال ( فقيمته يوم الخصومة ) أي وقت القضاء وعند أبي يوسف يوم الغصب وعند محمد يوم الانقطاع ورجحه قهستاني (الدر المختار، ج 6، ص 183، سعيد)

 

[5]  أَمَّا إذَا نَدِمَ الْغَاصِبُ عَلَى فِعْلِ الْغَصْبِ وَلَمْ يَظْفَرْ بِالْمَغْصُوبِ مِنْهُ لِيُعِيدَ الْمَغْصُوبَ إلَيْهِ فَلَهُ إمْسَاكُ الْمَالِ الْمَغْصُوبِ وَالْمُحَافَظَةُ عَلَيْهِ إلَى أَنْ يَنْقَطِعَ الْأَمَلُ فِي الظَّفَرِ بِهِ وَبَعْدَ ذَلِكَ لَهُ التَّصَدُّقُ بِهِ عَلَى فَقِيرٍ عَلَى أَنْ يَكُونَ ثَوَابُهُ لِلْمَغْصُوبِ مِنْهُ وَعَلَى شَرْطِ أَنْ يَكُونَ ضَامِنًا الْمَالَ الْمَغْصُوبَ لِلْمَغْصُوبِ مِنْهُ إذَا حَضَرَ وَلَمْ يُجِزْ الصَّدَقَةَ (رَدُّ الْمُحْتَارِ) . (درر الحكام شرح مجلة الأحكام، ج 2، ص 490، دار المتب العلمية)

 

Worried about brother

Question:

Asalaam alyakum Mufti. I have a concern regarding my older brother. I live with my mom, little brother and older sister and older brother. My older brother is in his early thirtys, the issue is that he is comes home usually 3 times a week around midnight or later and he is always drunk. He doesn’t contribute to any of the house payments like rent or electricity or anything besides this month he paid for the cable bill. He comes home only when he runs out of money and he is always drunk at night. When he does come home he gets up around noon then leaves again without giving anytime to the family.. this has been going on for many years. He got divorced about 5 years ago but even when he was married he was always drinking. I am torn up inside because this is not the life i want for my brother, I love him and would do anything for him. I make donations in his name and good acts in his name and make dua for him but nothing helps, sometimes the thought comes across my mind that he is possessed by a jinn. I am on the verge of asking him to move out, but at the same time i know this will be a rip on my heart. I feel very helpless. I want to know if asking him to leave is the right thing, I don’t want to cut ties because this is not the way of our life to cut family especially brothers. But no matter what i think of this is what the solution that is coming to mind. Pleas advise me. Jazakallah Khair may Allah fill the muslim houses with Iman.

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

It is an undisputable reality that the environment of an individual has an effect on his behavior. When one is not in the environment of Deen or is in an environment that is contrary to Deen, then the level of Imaan decreases, causing one to eventually live a life of disobedience, sin, and vice.

The solution to the situation mentioned in the query is to facilitate an environment of Imaan for your brother. However, this must be carried out with wisdom and good conduct.

Our advice to you is that you start a daily Ta’leem in the house and encourage your brother to sit.  The following three books should be read alternatively:

 

  1. Fadhaail al-A’maal by Mol. Zakariyya Kandehlawi Rahimahullah

 

  1. Fadhaail as-Sadaqaat by Mol. Zakariyya Kandehlawi Rahimahullah

 

  1. Muntakhab al-Ahaadith by Mol. Yusuf Kandehlawi Rahimahullah

 

 

Furthermore, we advise that you encourage your brother to spend some time in the Path of Allah with the Tabligh Jamaat. Experience shows that those who spend adequate time (4 months or 40 days) in the Path of Allah take a U-Turn in their lives and connect with Allah Ta’ala. You may request the brothers who are involved in the effort of Tabligh to visit your brother and encourage him.

You state that you are on the verge of asking your brother to leave the house. We advise against such an approach. You should deal with the issue with softness and kindness.

Along with the advices stated above, continuously make lots of Duas for your brother as the hearts of mankind are completely in the control of One Allah Ta’ala.

We ask Allah Ta’ala to ease your situation. Ameen.

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

Ruling on oysters

Question:                                                                                                                     

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Is it permissible to consume oysters?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

From the creatures of the sea, only fish is Halal. Any other seafood besides fish is impermissible for consumption.[1]

Oysters are not fish. Hence it is not permissible to consume oysters.

For further details on the ruling of seafood, kindly refer to the following link:

http://masjidyaseen.org/ruling-of-shrimp-crab-and-lobster/

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

[1]  (وَلَا) يَحِلُّ (حَيَوَانٌ مَائِيٌّ إلَّا السَّمَكُ) (الدر المختار مع رد المحتار، ج 6، ص 306، سعيد)

فتاوى رحيمية، ج 10، ص 77، دار الإشاعت

 

Aqeeqah meat distribution

Question:

Assalamalaikum wr.wb.
I plan to sacrifice goat for the purpose of Aqeeqa back in my home country. I want to know if its distribution should be done the same way we do for Eid-ul-Adha or is it okay if I plan to do in some madarsa where the meat is cooked and given to kids.
Baby’s hair is shaved off. is their any other thing to be kept in mind regarding Aqeeqa? it is for baby girl inshaAllah

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

You state that you wish to perform Aqeeqah on behalf of a baby girl. The Aqeeqah of a baby girl is performed by slaughtering one goat or one sheep. Also, the baby’s head should be shaved.[1]

Upon shaving the hair of the baby, you should give the price of gold or silver equivalent to the weight of the hair in charity to the poor. After shaving the head, you may also apply Saffron to the baby’s head.[2]

The preferred time for slaughtering the animal and shaving the head is the seventh day upon birth.  If this is not possible, then the fourteenth day, twenty first day etc.  The method of calculating seven days is that whichever day the child is born, perform the Aqeeqah one day before.  In other words, if the child is born on a Thursday, then the Aqeeqah should be performed the coming Wednesday.  The fourteenth day is the Wednesday after, so on and so forth. [3] One may shave the head first or slaughter the animal first. Both ways are permissible.[4]

With regards to the utilization of Aqeeqah meat, just like Qurbani meat, it is recommended that at least 1/3rd of the meat should be given as Sadaqah. However, it is permissible to keep the entire meat for one’s family, relatives, and friends.[5]

You state that you wish to give the Aqeeqah meat to a Madrasah wherein the meat will be cooked and distributed to the students. This is permissible.

For further details on the Sunnahs related to childbirth, see the following link:

http://www.askimam.org/public/question_detail/30558

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

[1] Heavenly Ornaments (Beheshti Zewar), page 293, Darul-Ishaat

 

[2]  مسائل رفعت قاسمى، ج 5، ص 200-201، حامد كتب خانه كراتشى

Heavenly Ornaments (Beheshti Zewar), page 293, Darul-Ishaat

 

 

[3] Heavenly Ornaments (Beheshti Zewar), page 293, Darul-Ishaat

فتاوى محمودية, ج 26, ص 417: مكتبة محمودية

مسائل رفعت قاسمي, ج 5, ص 203: حامد كتب خانه كراشي

تحفة الالمعي شرح سنن الترمذي, ج 4, ص 452: زمزم

 

 

[4] Heavenly Ornaments (Beheshti Zewar), page 293, Darul-Ishaat

[5]  (وَيَأْكُلُ مِنْ لَحْمِ الْأُضْحِيَّةِ وَيَأْكُلُ غَنِيًّا وَيَدَّخِرُ، وَنُدِبَ أَنْ لَا يَنْقُصَ التَّصَدُّقُ عَنْ الثُّلُثِ) (الدر المختار مع رد المحتار، ج 6، ص 327-328و سعيد)

(قَوْلُهُ وَنُدِبَ إلَخْ) قَالَ فِي الْبَدَائِعِ: وَالْأَفْضَلُ أَنْ يَتَصَدَّقَ بِالثُّلُثِ وَيَتَّخِذَ الثُّلُثَ ضِيَافَةً لِأَقْرِبَائِهِ وَأَصْدِقَائِهِ وَيَدَّخِرَ الثُّلُثَ؛ وَيُسْتَحَبُّ أَنْ يَأْكُلَ مِنْهَا، وَلَوْ حَبَسَ الْكُلَّ لِنَفْسِهِ جَازَ لِأَنَّ الْقُرْبَةَ فِي الْإِرَاقَةِ وَالتَّصَدُّقِ بِاللَّحْمِ تَطَوُّعٌ (رد المحتار، ج 6، ص 328، سعيد)

كفايت المفتى، ج 8، ص 242، دار الإشاعت

 

Hijab of a female

Question:

Mufti sahab, As’salaam-o-Alekum,
I am little shy asking this silly question because of the nature of the question, and also because obviously I have very limited knowledge . The thing that I have always wondered about is whether in Quran and Hadees, there is more focus on hiding head, hair, and face for women than hiding bodily features. We see many of our women who cover their hair/shoulders first but they are wearing tight dresses and not covering their chest. In soorat-un-Noor, there is hukum for women to cover chests. Is/Are there hukum to cover head and hair, and that too before covering bodies? I understand its a gigantic topic, but any light you can shed will be very helpful. Thank you so much.

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The observance of Hijab (Purda) is absolutely necessary for women. This is clear from Quran and Hadith.

A female is required to cover her entire body with the exception of her hands, feet, and eyes. The face must also be concealed.[1] This is applicable when leaving the house and in the presence of Non-Mahram men.

With regards to the covering, it must be of such a loose nature that does not reveal the shape of the body. To wear tight clothing that reveal the shape of the body is impermissible. The references below are clear in this regards.[2]

For a detailed write-up on the necessity of covering one’s face, kindly see hereunder the research of my respected teacher Mufti Husain Kadodia (Hafidhahullah).

 

And Allah Ta’āla Knows Best

 

(Mufti) Abdul Azeem bin Abdur Rahman

 

By Mufti Husain Kadodia

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, Most Merciful.

Our discussion will entail the following:

  1. Introduction
  2. The juristic definition of shahwah(desire)
  3. The Hanafi stance

3.1 Types of gazes and their respective rulings

3.1.1 A gaze accompanied with conviction of no possibility of attraction
3.1.2 A gaze accompanied with doubt of attraction
3.1.3 A gaze accompanied with strong possibility or certainty of attraction

3.2 The obligation of covering the face

  1. Conclusion

___________

  1. Introduction

It is with great sadness that we note confusion in the minds of many students and even some scholars concerning the obligation of the niqab (veil) in the Hanafi madhhab, which expressly classifies covering the face as binding on women and forbids the exposure of the face in the presence of ghayr mahrams (strangers). While there have been dozens of works penned on this issue, we wish to focus on the Hanafi stance due to the abuse it is being subjected to. We ask Allah Most High to grant us the tawfiq (ability) to explain the issue in a manner pleasing to Him.Amin.

  1. The juristic definition of shahwah(desire)

Before commencing the discussion, it would be imperative to understand the definition ofshahwah in the context of looking at a female.

Hanafi jurists differ concerning its definition in the context of hurmat al-musaharah.[1] Some define it as “an inclination and attraction of the heart”, while others stipulate that it must be accompanied by the stirring of the male organ.

It must, however, be noted that this difference is only applicable in the context of hurmat al-musaharah and is not applicable in the context under discussion.

The jurists have clearly stated that the shahwah in the context of gazing at a member of the opposite sex is “an attraction and inclination”; this is regardless of whether the gazing is accompanied with the stirring of the male organ or not.

Al-Quhustani,[2] Al-Tahtawi,[3] Al-Nablusi,[4] ‘Abid al-Sindhi[5] and Ibn ‘Abidin[6] are among those who have expressly clarified this.

  1. The Hanafi stance

Before discussing the stance of the madhhab, it should be borne in mind that the madhhab has tackled this issue from both the man’s perspective as well as that of the woman.

The male perspective is discussed under the rulings of the gaze, while the female perspective is discussed under the issue of covering the face.

We will now discuss each of them separately:

3.1. Types of gazes and their respective rulings

A male’s gaze towards a strange female’s face or hands would fall under one of the following three categories:

3.1.1. A gaze accompanied with conviction of no possibility of attraction

This is the case mentioned in most texts and which has been misunderstood by many. The ruling of the imam’s of the madhhab is clear in that this gaze would be permissible.[7]

However, this has been clearly conditioned with absolute conviction of no possibility of shahwahappearing in the heart towards her.[8]

The early jurists of the madhhab, who lived just after the imams, knew that this scenario was only possible in bygone times when purity and chastity were dominant,[9] and, so, expecting a young man’s gaze at a young woman to be completely free of desire is unfathomable in these times. They thus classified such a gaze to be makruh tahrimi (highly disliked and close to forbidden).[10]

From amongst the luminaries who mentioned this ruling are: Abu ‘l-Layth al-Samarqandi (d.373 AH),[11] Al-Quduri (d. 428 AH),[12] Al-Walwaliji (d. 540 AH),[13] Siraj al-Din al-Awshi (d. 575 AH),[14] Al-Sunnami (d. after 700 AH),[15] ‘Alim ibn al-‘Ala (d. 786 AH),[16] Al-Quhustani (d. 950 AH),[17]Al-Birgivi (d. 981 AH),[18] the authors of Al-Fatawa al-Hindiyyah (completed in 1085 AH),[19] Al-Haskafi (d. 1088 AH),[20] Al-Khadimi (d. 1176 AH),[21] Al-Tahtawi (d. 1231 AH),[22] Ibn ‘Abidin (d. 1252 AH),[23] ‘Abid al-Sindhi (d. 1257 AH)[24] and Al-Maydani (d. 1298 AH).[25]

Also worthy of note is that this ruling has been recorded from none other than the great imamand mujtahid of the madhhab, Imam Abu Yusuf al-Qadi.[26] This ruling is not applicable to old women who have passed the age of being desired, as they have been clearly exempted from these rulings.[27]

Thus, the authoritative position of the madhhab is that while looking at the face of a strange female is not completely forbidden when there exists conviction of no desire at all towards her, it would still be makruh tahrimi.

3.1.2. A gaze accompanied with doubt of attraction

This type of gaze has been classified as haram (forbidden).[28]

3.1.3. A gaze accompanied with strong possibility or certainty of attraction

This gaze is also been forbidden, just as the one before it.[29]

3.2. The obligation of covering the face

While the madhhab has not completely forbidden a male’s gaze towards a female’s face when there exists absolutely no fear of attraction, the woman has no way of knowing whether the gazes directed towards her are free of desire or not, especially when out in public. The Hanafimadhhab has, in accordance with the Qur’an and Sunnah, thus obliged a woman to cover her face in front of strangers.[30]

This ruling is indicated to by Imam Muhammad in his Al-Asl,[31] which forms the basis of the Zahir al-Riwayah of the madhhab. This is the authoritative position of the Hanafi School, as adopted by major Hanafi legal masters over the centuries, such as: Abu Mansur al-Maturidi (d. 333 AH),[32] Hakim al-Shahid (d. 334 AH),[33] Jassas al-Razi (d. 370 AH),[34] Al-Natifi (d. 446 AH),[35] Qadi Khan (d. 592 AH),[36] Al-Marghinani — author of Al-Hidayah (d. 593 AH),[37] Al-Kirmani (d. 600 AH approx.),[38] Mahmud Al-Bukhari — author of al-Muhit (d. 616 AH),[39] Al-Sunnami (d. after 700 AH),[40] Al-Sighnaqi (d. 714 AH),[41] Al-Qurashi (d. 854 AH),[42] Ibn al-Humam (d. 861 AH),[43] Al-Quhustani (d. 950 AH),[44] Ibn Nujaym (d. 970 AH),[45] Sinan al-Khalwati (d. 989 AH),[46] Umar ibn Nujaym (d. 1005 AH),[47] Mulla ‘Ali al-Qari (d. 1014 AH),[48] Al-Shurunbulali (d. 1069 AH),[49] Shaykh Zada (d. 1078 AH),[50] ‘Abd al-Halim (d. 1088 AH),[51] Al-Haskafi (d. 1088 AH),[52]Al-Tahtawi (d. 1231 AH),[53] Ibn ‘Abidin (d. 1252 AH),[54] ‘Abid al-Sindhi (d. 1257 AH),[55] ‘Abd al-Hay al-Laknawi (d. 1304 AH),[56] Al-Sawati (d. 1346 AH),[57] Al-Nahlawi (d. 1350 AH).[58]

  1. Conclusion

We can thus conclude that it is obligatory on a man to lower his gaze from the face of strange women under all circumstances, just as it is binding on a woman to cover her face in the presence of strange men.

Allah Most High knows best.

Husain Kadodia
14 Ramadan 1429 / 14 September 2008
Durban, South Africa

قال إمام الحرمين الجويني (ت 478 هـ): اتفق المسلمون على منع النساء من الخروج سافرات الوجوه

Imam al-Haramayn (d. 478 AH) said:
“There exists consensus of the Muslims on preventing women from emerging with their faces uncovered.”

(Mughni l-Muhtaj 4/203, Tuhfat al-Muhtaj 7/193)

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

[1]  Aap Kay Masaail Aur Un Kaa Hall, Vol. 8, p..79, 88, 96 , Maktabah Ludhyanwi

 

[2]  يَاأَيُّهَا النَّبِيُّ قُلْ لأزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلابِيبِهِنَّ (سورة الأحزاب، رقم الآية 59)

قَالَ عَلِيُّ بْنُ أَبِي طَلْحَةَ عَنِ ابْنِ عَبَّاسٍ أَمَرَ اللَّهُ نِسَاءَ الْمُؤْمِنِينَ إِذَا خَرَجْنَ مِنْ بُيُوتِهِنَّ فِي حَاجَةٍ أَنْ يُغَطِّينَ وُجُوهَهُنَّ مِنْ فَوْقِ رُؤُوسِهِنَّ بِالْجَلَابِيبِ وَيُبْدِينَ عَيْنًا وَاحِدَةً (تفسير ابن كثير، سورة الأحزاب)

وَعَلَى هَذَا لَا يَحِلُّ النَّظَرُ إلَى عَوْرَةِ غَيْرِهِ فَوْقَ ثَوْبٍ مُلْتَزِقٍ بِهَا يَصِفُ حَجْمَهَا (رد المحتار، ج 6، ص 366، سعيد)

 

A woman’s hijab in front of other women

Question:

Asalamualakum,

First I would like to appreciate you taking the time to answer everyone’s questions, Jazakullah.

My question is how much Pardah is necessary in front of the same gender? Some women will change their clothes in presence of other women. Some women will wear sleeveless dress or short dresses in a women’s only gathering. Is this allowed?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, it is necessary for a female to cover only the area from the navel to the knees (including the knees) in the presence of other Muslim women. It is not sinful to expose any other portion of the body in the presence of other Muslim women.[1] However, it is the demand of Imaan that a female should dress modestly at all times.

Note: The above-mentioned ruling is in regards to Muslim women. In the presence of non-Muslim women, a Muslim woman is required to cover her entire body with the exception of her face, hands, and feet.[2]

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

[1]  (وَتَنْظُرُ الْمَرْأَةُ الْمُسْلِمَةُ مِنْ الْمَرْأَةِ كَالرَّجُلِ مِنْ الرَّجُلِ) وَقِيلَ كَالرَّجُلِ لِمَحْرَمِهِ وَالْأَوَّلُ أَصَحُّ سِرَاجٌ (الدر المختار مع رد المحتار، ج 6، ص 371، سعيد)

فَكُلُّ مَا يَحِلُّ لِلرَّجُلِ أَنْ يَنْظُرَ إلَيْهِ مِنْ الرَّجُلِ يَحِلُّ لِلْمَرْأَةِ أَنْ تَنْظُرَ إلَيْهِ مِنْ الْمَرْأَةِ وَكُلُّ مَا لَا يَحِلُّ لَهُ، لَا يَحِلُّ لَهَا، فَتَنْظُرُ الْمَرْأَةُ مِنْ الْمَرْأَةِ إلَى سَائِرِ جَسَدِهَا إلَّا مَا بَيْنَ السُّرَّةِ وَالرُّكْبَةِ لِأَنَّهُ لَيْسَ فِي نَظَرِ الْمَرْأَةِ إلَى الْمَرْأَةِ خَوْفُ الشَّهْوَةِ وَالْوُقُوعِ فِي الْفِتْنَةِ كَمَا لَيْسَ ذَلِكَ فِي نَظَرِ الرَّجُلِ إلَى الرَّجُلِ (بدائع الصنائع، ج 5، ص 124، دار الكتب العلميّة)

Aap Kay Masaail Aur Un Kaa Hall, Vol. 8, p. 115, Maktabah Ludhyanwi

 

[2]  (وَالذِّمِّيَّةُ كَالرَّجُلِ الْأَجْنَبِيِّ فِي الْأَصَحِّ فَلَا تَنْظُرُ إلَى بَدَنِ الْمُسْلِمَةِ) مُجْتَبًى (الدر المختار مع رد المحتار، ج 6، ص 371، سعيد)

Aap Kay Masaail Aur Un Kaa Hall, Vol. 8, p. 65, Maktabah Ludhyanwi

Eating from fast food chains

Question:

Dear Sir,
First take my Salam. Hope you are well by the grace of Allah. I have a question that I wanted to ask you about food stores food like McDonalds or Subway. My question is can we eat chicken or meat item from those food stores? Are those meat are ok for us to eat?
I am asking this question to You because I asked few peoples in the mosque and in my community; they gave me different answers which make me confusing. One of there answer is, “we eat chicken or meat item from those store because here there are not enough halal stores. Also sometimes near campus or job there are only these stores. What we will do then?” Another person said, “ I don’t eat meat form those stores because those are not halal. Then I asked some of our friends eat that. They replied, “its their choice.”
What do you think about it and what is the best option to deal with it? Can we eat those foods or not?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

It is the demand of Imaan that a Mu’min (believer) must always be conscious of the permissibility of what he consumes. A Mu’min must ensure that not even a particle of Haram should enter his body.

Allah Ta’ala is pure and accepts only that which is pure. It is the command of Allah Ta’ala that a Muslim must consume only that which is Halal. Consider the following verse:

يَا أَيُّهَا الَّذِينَ آمَنُوا كُلُوا مِنْ طَيِّبَاتِ مَا رَزَقْنَاكُمْ (سورة البقرة, رقم الآية 172)

O you who believe, eat of the pure things from that which we have provided you. (al-Baqarah, Ayah 172)

The consumption of Haram meat is a grave sin. The consequences are severe. Just like a car is unable to function with incorrect fuel, the human body that consumes Haram food is not able to properly function spiritually in fulfilling the Commands of Allah.

Furthermore, one whose consumption is from Haram, Allah Ta’ala does not accept such a person’s Duas (supplications). Consider the following Hadith:

ثُمَّ ذَكَرَ الرَّجُلَ يُطِيلُ السَّفَرَ أَشْعَثَ أَغْبَرَ، يَمُدُّ يَدَيْهِ إِلَى السَّمَاءِ، يَا رَبِّ، يَا رَبِّ، وَمَطْعَمُهُ حَرَامٌ، وَمَشْرَبُهُ حَرَامٌ، وَمَلْبَسُهُ حَرَامٌ، وَغُذِيَ بِالْحَرَامِ، فَأَنَّى يُسْتَجَابُ لِذَلِكَ؟ (صحيح مسلم، بَابُ قَبُولِ الصَّدَقَةِ مِنَ الْكَسْبِ الطَّيِّبِ وَتَرْبِيَتِهَا)

Rasulullah Sallallahu Alaihi Wa Sallam made mention of a man who is undergoing a strenuous travel due to which his hair is disheveled and he is dusty. He extends his hands towards the sky and supplicates thus, “O My Rabb, O My Rabb.” However, his food is Haram, his drink is Haram, his clothing is Haram, and he is being nourished through Haram, so how will his call be answered (Even though he looks deserving due to his appearance)? (Sahih Muslim)

 

The Ulama (scholars) have stated certain conditions that must be fulfilled in order for meat to be considered Halal.[1] Even if one of these conditions is not fulfilled, the meat will be rendered impermissible for consumption. The conditions are mentioned hereunder:

 

  1. The method of slaughter must be according to Shariah.

 

  1. The name of Allah must be recited upon the animal when slaughtering

 

  1. The person slaughtering must be fit to slaughter according to Shariah Law.

 

The meat (including chicken) sold in fast-food chains such as McDonalds and Subway does not fulfill these three requirements for a Halal slaughter. Hence, such meat is not Halal.

Furthermore, in fast-food chains, there is a high probability of contamination. Hence, even in regards to non-meat food items one must exercise great pre-caution.

Also, some of the non-meat food items such as the cheese, bread, etc. may be derived from ingredients that are not Halal. Hence, great pre-caution must be exercised in this regards also.

In this temporary life, man is being tested by Allah Ta’ala. The one who lives a life of obedience to the Commands of Allah and refrains from impermissibility is granted complete success in this life and the everlasting life of the Hereafter by Allah Ta’ala.

Hence, our advice is that you abstain from eating at chain restaurants and eat that which is confirmed Halal.

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

[1] The Islamic Laws of Animal Slaughter (Mufti Taqi Uthmani), page 26, White Thread Press

Marital issue

Question:

Assalamualaikum

I am having a hard time living with my in laws, they expect me to cook and clean all the time, whenever I am sick or feeling unwell and I don’t cook my mother in law has a problem, she always gets involved in my married life and wants to know every detail. Whenever I am away from home she goes into my room and goes through everything, she changes the order around and adjusts everything in my room to her liking.

Whenever I raise these issues with my husband he ignores them acting as though they are not important or he blames me and says I am over reacting. If he does decide to tackle the issue he goes to the extreme and says don’t do anything at all, you don’t have to cook clean etc, who tells you to do anything.

My mother in law comes into my room and decides to do the laundry, I have told her I don’t like it but she just continues to do so, my husband’s excuse is that she is helping me. I am always lied to regarding any family issues, for example if my husband pays for things inside the house everybody lies to me and try to keep it hidden away from me, to avoid misunderstandings I ask my husband directly but he also lies to me and it is only later on when he slips up that I find out the truth. Being treated like this and being lied to really upset and I do not feel as though I am a part of the family because this is not how a family member should be treated.

Whenever me and my husband have an argument his parents get involved and make the matter even worse, they stop taking to me and ignore me for days.

I come from a different country and left my family and friends for the sake of marriage, my husband never appreciates this and does not take an interest in my life. He does not care if I do not have friends, I get so bored being at home all day doing housework and having no one to interact with, when I raise this issue with my husband he takes no interest and says go on the laptop. One day when I got angry I broke his laptop and said is this always your excuse, his parents got so mad at me for breaking their sons laptop that they actually physically harmed me.

I am so upset in my marriage, I feel as though nobody cares about me or takes any interest in my life, I cannot even take a break and go to my parents’ house because they live in a different country to me. Above are just some of the issues I have to deal with, please can you advise me with how I should react, if I don’t say anything out of respect for my husband and his family they will never change, if I raise the issue they look down on me and ignore me.

I spend my days and most of my nights crying, it feels as though I have forgotten what the meaning of happiness truly is. I miss my family and friends and honestly wish to leave my husband and go back to them. However I do sabr and make dua thinking this will be over but its difficult to change people and their habits.

We tried moving out and living on our own but my husband wasn’t too happy, his parents would force me to stay over whenever we came to visit them and when I said no they got angry at my husband so he decided to stop talking to me and sleeping in a different room, I don’t even understand what I am doing wrong to be treated like this. These are not rules that Allah has put on me rather they are manmade rules and I am just obliged to go along with them because if I don’t then everyone gets upset at me.

I would appreciate your advice of what to do in this situation and if it is permissible for me to leave my husband and go back to my parents (are the above reasons valid for a divorce)

JazaakAllah for your time.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sister in Islam,

 

We sympathize with you in your difficult situation.

 

Life is full of tests and trials. Every individual is being tested in a different way. It is the duty of every believer to please Allah Ta’ala in whatever condition he/she may be in. The true happiness and success is in only in the Hereafter.

 

We have studied your situation. Our advice is that you make the marriage work rather than break the marriage.

 

To begin with, it is essential to understand that everything is in the control of One Allah Ta’ala. Therefore, on a daily basis, perform 2 Rak’aat Salatul Hajah and beg Allah Ta’ala to grant you happiness in this marriage.

 

Make an effort to portray the best of your Akhlaaq (Character) to your husband as well as your mother-in-law in all conditions and circumstances. It may be challenging, but keep in mind the high and lofty rewards in store for the person who exhibits good conduct, especially in difficult situations. Consider the following Hadith:

 

عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: «مَا مِنْ شَيْءٍ أَثْقَلُ فِي الْمِيزَانِ مِنْ حُسْنِ الْخُلُقِ» (سنن ابي داود, بَابٌ فِي حُسْنِ الْخُلُقِ)

It is reported that Rasulullah Sallallahu Alaihi Wa Sallam said, “The heaviest of good deeds on the scale is good character.” (Sunan Abi Dawood)

 

Allah has created human beings desirous of love. Everyone is looking for love. Through showing love and affection to your mother-in-law, Insha Allah you will win her heart. Allah Ta’ala states in the Quran:

 

وَلَا تَسْتَوِي الْحَسَنَةُ وَلَا السَّيِّئَةُ ادْفَعْ بِالَّتِي هِيَ أَحْسَنُ فَإِذَا الَّذِي بَيْنَكَ وَبَيْنَهُ عَدَاوَةٌ كَأَنَّهُ وَلِيٌّ حَمِيمٌ (سورة فصّلت، رقم الآية 34)

 

Good and evil are not equal.  Repel evil with that which is better (by good conduct and kindness). Thereupon the one whom between you and him is enmity (will become) as if he is a very close friend. (Surah Fussilat, Verse # 34)

 

This verse is clear that showing love and affection will win the other person’s heart.

 

Try to establish your love in your mother-in-law’s heart by practicing the following actions:

 

  1. Be the first to say Salaam

 

  1. Always meet her cheerfully with a smile

 

  1. Take your mother in law like your own mother

 

  1. Occasionally ask her regarding her health

 

  1. Occasionally ask her if she needs any assistance

 

  1. Occasionally engage in light-hearted conversations with her

 

  1. Occasionally give her gifts

 

  1. Overlook the negative behavior of your mother-in-law towards you

 

  1. Avoid any confrontation with your mother-in-law

 

  1. Try to look at her good qualities and praise her in front of other people (especially your husband)

 

 

If the home becomes a place of love and affection for one another, it will be a Jannah in this world.

 

Furthermore, we advise you to have a daily Ta’leem session in your house wherein all the family members sit together for at least 5-10 min. and read a few Ahadith of Rasulullah Sallallahu Alaihi Wa Sallam. The following three books should be recited alternatively:

 

  1. Fadhaail al-A’maal by Mol. Zakariyya Kandehlawi Rahimahullah

 

  1. Fadhaail as-Sadaqaat by Mol. Zakariyya Kandehlawi Rahimahullah

 

  1. Muntakhab al-Ahaadith by Mol. Yusuf Kandehlawi Rahimahullah

 

 

This will be a means of Malaaikah (Angels), Rahmah (Mercy), Sakeenah (peace) and happiness coming into the house. This will cause the hearts of the family members to unite.

 

Lastly, we advise you to consult a senior or knowledgeable person in your locality who is a well-wisher, perhaps the Imam of your Masjid. Explain to him your situation from time to time and seek his good counsel. If need be, you and your husband should go to him for marriage counseling.

 

We ask Allah Ta’ala to grant you ease and comfort in your situation. Ameen.

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

Whispers of Divorce

Question:

Question: Aslamulikum i was having good time with my wife i just snatch
pillow from her coz i was using internet that time so she said to me word in
urdu (katti) and i said (acha yar).i hope you know katti meaning.katti mean
when in childhood friends use to say to break friendship and they raise little
finger and say katti .that word my wife use katti to me and it was just in
love i know but i was bussy in internet and i said acha yar thats all.i didnt
have niyaat or any thoughts of divorce. After tht when using internet i got
waswasa started to me and it get me afraid.i am having waswasa since 1 year
what to do

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In the enquired case, Talaaq did not take place. There is no need to entertain any whispers (Waswasah) in this regards.

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.