All posts by Abdul Azeem Khan

Applying for food stamps

 

Question:

 

Assalamualaikum
I was wondering if someone lost their job due to Corona over a month ago.
And they don’t have income coming in, but they have rent and bills still.
But they have a few thousand dollars of savings left in the bank.
Can they apply for food stamps or do they have to use up all their money before getting help?

 

Answer:

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

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

If one legally qualifies to receive food stamps from the government, he may apply for food stamps as this is a Hadiyyah (gift) from the government.

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

 

 

Zakah to debtor

 

Question:

I have friend whom I gave him money for business in his hand but he suffered a loss due to his business partner. Now he is paying back money to me , last few months he is unable to pay me back.

Now I want to help him to give him zakat money so that he can return my loan.

Is it permissible to do that?

As per his saying he doesn’t have gold or silver , only very little in the foam chain and Ring.

 

Answer:

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

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

In principle, if the debtor is an eligible recipient of Zakah, the creditor may give him Zakah. Thereafter, the creditor may take that money back from the debtor as a repayment of the loan. In this way, the Zakah of the creditor is fulfilled, and the debt of the debtor is fulfilled.

On the other hand, if the creditor merely forgives the loan amount and makes intention of Zakah, the Zakah of the creditor will not be fulfilled.[1]

Note: After deducting the debt amount, if your friend in reference has cash, gold, silver, business merchandise, and surplus assets equal to or more than the amount of Nisaab, then he is not eligible to receive Zakah. However, if this amount is less than the Nisaab amount, your friend is eligible to receive Zakah.

Surplus assets refer to that wealth which is not used on a day to day basis such as a second house or an investment land. The house in which one resides, the cars one drives, the furniture in the house, and one’s clothing etc. are not surplus assets as they are used on a day to day basis. The Nisaab amount is 87.48 grams of gold, which equals $4,721 as of April 21st, 2020.

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

[1] Fatawa Mahmudiyyah, Vol. 9, page 476-477 Faruqiyyah

Interest from Bank

 

Question:

Assalamu-alaikum Mufti saab,
My question is about bank offering certain loan in cash or purchases based on certain fees for facility with 0% interest for limited time.

My bank offered me to transfer cash to my current account against my credit card limit at 0% interest if returned within 12 months. However, they also charge a fee of 2.99% of the amount transfered to my account from credit card.

If I have intention to return money in time so no interest need to be paid, then is this transcation Halal. based on the fact that I will be paying a fee which is percentage of the amount taken.

If above is Halal, then can someone take advantage of shifting its credit card loan from one card to another using the incentive of 0% interest for fixed time against 2.99% fee.

 

Answer:

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

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

Any amount received by the creditor from the debtor in excess to the principal amount is interest. Hence, the 2.99% fee is interest and thus Haram.

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

Women trimming hair due to lice

 

Question:
Asalamualaikum
Is it permissible for women to trim hair to take out louse?

 

Answer:

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

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

In principle, it is not permissible for women to cut or trim their head hair.

Therefore, first make Dua to Allah that He removes the lice from the hair.

Thereafter, consult with experts and use the recommended medication etc. to remove the lice from the hair.

If after adopting all possible means, the lice still remain, and it is hoped that trimming the hair will help remove the lice, then it is permissible to trim the hair only to the extent of necessity.[1]

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

Checked and Approved by,

My Esteemed Ustadh Mufti Husain Kadodia Saheb 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]  الضَّرُورَاتُ تُبِيحُ الْمَحْظُورَاتِ.(مجلة الأحكام العدلية، المادة 21)

مَا أُبِيحَ لِلضَّرُورَةِ يَتَقَدَّرُ بِقَدْرِهَا. (مجلة الأحكام العدلية، المادة 22)

 

Home insurance payout

 

Question:

Assalaam Alaikum
I have home insurance and my home was all cash purchased by me.
Little water leaked from inside home a/c unit which damaged some of the wooden floor. I reported insurance and they are paying me to do a proper repair.
Is this haraam?

Answer:

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

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

In principle, insurance is not permissible as it constitutes uncertainty, interest and gambling.

Furthermore, home insurance is not a requirement by law.

Therefore, make sincere Tawbah and stay away from home insurance in the future.

The amount of money given to you by the insurance company which is equal to or less than the total amount of your contributions may be used for the repair. The amount that is in excess of your contributions is not permissible to use, as that is in the ruling of interest money. For example, if your contributions equal a total of $1,000, and the insurance company is paying $1,500 for the repair, you may only use $1,000.

The excess amount should be returned back to the insurance company. If this is not possible, then the excess amount must be given to the needy.

Note: If you have already used the excess amount, you must return money equivalent to the excess amount to the insurance company if possible. Otherwise, you must give it in Sadaqah to the needy.

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

Checked and Approved by,

My Esteemed Ustadh Mufti Husain Kadodia Saheb Hafidhahullah

 

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.

 

 

Grave of Nabi and Arsh

 

Question:

Salaams Hazrat.
I’m sure, you’ve come across this statement before, and I know
scholars have alluded to this too.

 

If one chooses to disagree with this, or struggles – has he/she lost their Iman?

 

I believe the Prophet (SAW) is the greatest human being, but the creation of Allah, I am not so sure. The Arsh, and kursi of Allah (SWT) is associated with his own greatness.

 

I understand this question is not so much fiqhi, but I still hope you’ll give me a short answer.

 

Answer:

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

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

It is the Aqeedah of Ahl as-Sunnah Wa al-Jama’ah and the consensus of the Ulama that Rasululllah Sallallahu Alaihi Wa Sallam is the best of Allah’s creation. To such an extent, that according to the consensus of the Ulama (Ijmaa’), even the soil touching the Mubarak body and limbs of Rasulullah Sallallahu Alaihi Sallam is more virtuous than the Arsh, Kursiyy, and all other creations.[1]

Based on the above, the one who believes the Arsh is more virtuous than Rasulullah Sallallahu Alaihi Wa Sallam goes against Ijmaa’ (consensus) of the Ulama.

For further details, see the following link:

https://jamiat.org.za/the-grave-of-the-prophet-is-more-blessed-than-the-kaba-arsh/

 

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]  (قَوْلُهُ إلَّا إلَخْ) قَالَ فِي اللُّبَابِ: وَالْخِلَافُ فِيمَا عَدَا مَوْضِعَ الْقَبْرِ الْمُقَدَّسِ، فَمَا ضَمَّ أَعْضَاءَهُ الشَّرِيفَةَ فَهُوَ أَفْضَلُ بِقَاعِ الْأَرْضِ بِالْإِجْمَاعِ. اهـ. قَالَ شَارِحُهُ: وَكَذَا أَيْ الْخِلَافُ فِي غَيْرِ الْبَيْتِ: فَإِنَّ الْكَعْبَةَ أَفْضَلُ مِنْ الْمَدِينَةِ مَا عَدَا الضَّرِيحَ الْأَقْدَسَ وَكَذَا الضَّرِيحُ أَفْضَلُ مِنْ الْمَسْجِدِ الْحَرَامِ. وَقَدْ نَقَلَ الْقَاضِي عِيَاضٌ وَغَيْرُهُ الْإِجْمَاعَ عَلَى تَفْضِيلِهِ حَتَّى عَلَى الْكَعْبَةِ، وَأَنَّ الْخِلَافَ فِيمَا عَدَاهُ. وَنُقِلَ عَنْ ابْنِ عَقِيلٍ الْحَنْبَلِيِّ أَنَّ تِلْكَ الْبُقْعَةَ أَفْضَلُ مِنْ الْعَرْشِ، وَقَدْ وَافَقَهُ السَّادَةُ الْبَكْرِيُّونَ عَلَى ذَلِكَ. وَقَدْ صَرَّحَ التَّاجُ الْفَاكِهِيُّ بِتَفْضِيلِ الْأَرْضِ عَلَى السَّمَوَاتِ لِحُلُولِهِ – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – بِهَا، وَحَكَاهُ بَعْضُهُمْ عَلَى الْأَكْثَرِينَ لِخَلْقِ الْأَنْبِيَاءِ مِنْهَا وَدَفْنِهِمْ فِيهَا وَقَالَ النَّوَوِيُّ: الْجُمْهُورُ عَلَى تَفْضِيلِ السَّمَاءِ عَلَى الْأَرْضِ، فَيَنْبَغِي أَنْ يُسْتَثْنَى مِنْهَا مَوَاضِعُ ضَمِّ أَعْضَاءِ الْأَنْبِيَاءِ لِلْجَمْعِ بَيْنَ أَقْوَالِ الْعُلَمَاءِ (رد المحتار، ج 2، ص 626، سعيد)

 

وَنَقَلَ الْقَاضِي عِيَاضٌ وَغَيْرُهُ الْإِجْمَاعَ عَلَى تَفْضِيلِ مَا ضَمَّ الْأَعْضَاءَ الشَّرِيفَةَ حَتَّى عَلَى الْكَعْبَةِ الْمُنِيفَةِ، وَأَنَّ الْخِلَافَ فِيمَا عَدَاهُ. وَنُقِلَ عَنْ أَبِي عُقَيْلٍ الْحَنْبَلِيِّ أَنَّ تِلْكَ الْبُقْعَةَ أَفْضَلُ مِنَ الْعَرْشِ، وَصَرَّحَ الْفَاكِهَانِيُّ بِتَفْضِيلِهَا عَلَى السَّمَاوَاتِ قَالَ: بَلِ الظَّاهِرُ الْمُتَعَيِّنُ تَفْضِيلُ جَمِيعِ الْأَرْضِ عَلَى السَّمَاءِ لِحُلُولِهِ عَلَيْهِ الصَّلَاةُ السَّلَامُ بِهَا، وَحَكَاهُ بَعْضُهُمْ عَنِ الْأَكْثَرِينَ لِخَلْقِ الْأَنْبِيَاءِ مِنْهَا وَدَفْنِهِمْ فِيهَا. وَقَالَ النَّوَوِيُّ: وَالْجُمْهُورُ عَلَى تَفْضِيلِ السَّمَاءِ عَلَى الْأَرْضِ أَيْ: مَا عَدَا مَا ضَمَّ الْأَعْضَاءَ الشَّرِيفَةَ، وَمَحَلُّ الْخِلَافِ فِيمَا عَدَا الْكَعْبَةَ، فَهِيَ أَفْضَلُ مِنْ بَقِيَّةِ الْمَدِينَةِ اتِّفَاقًا، مَا عَدَا مَوْضِعَ قَبْرِهِ الْمُقَدَّسِ وَمَحَلِّ نَفْسِهِ الْأَنْفَسِ صَلَوَاتُ اللَّهِ وَسَلَامُهُ عَلَيْهِ مَا دَامَ الصُّبْحُ تَنَفَّسَ وَاللَّيْلُ إِذَا عَسْعَسَ. (مرقاة المفاتيح، بَابُ الْمَسَاجِدِ وَمَوَاضِعِ الصَّلَاةِ)

Taking loan from 401K account

 

Question:
Assalamallakum – I want to ask if it’s permissible to take a loan from my own 401k saving account?

 

Answer:

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

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

In principle, it is permissible to take a loan from one’s own 401K account.

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.

 

Qadha of missed prayers

 

Question:

Salam. When I talk about all the times I’ve missed my prayers, my teachers at school and friends tell me that next time I pray, I pray that prayer twice, in order to make up for all the prayers I’ve lost. I’m just making sure this is true because I’ve already started doing it. Another question is if it’s true,, which prayer comes first? The actual fajr prayer or the makeup fajr prayer? And how do you distinguish the two prayers? Please let me know anything I should know about making up prayers. Because I’m trying my best to get back on track. Thank you

Answer:

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

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

Alhamdulillah, it is a sign of your Imaan that you have a concern to make up your missed prayers.

In principle, it is necessary to make up all missed prayers from the time one reached puberty. If one is not sure of the actual number, then he/she must apply the mind for an accurate estimation.

An easy method to fulfill this obligation would be to repeat one missed prayer along with every Fardh and Wājib Salāh you perform. For example, after you finish Dhuhr Salah, then one missed Dhuhr should be performed. Hence if three years of Salāh were missed then after three years all the missed prayers would be made up.

 

The Qadha Salah may be performed before or after the actual Salah of the day. Both ways are permissible. The factor that distinguishes between the missed prayer and the actual prayer is your intention.

 

As a general principle, it is preferred to make up missed prayers instead of engaging oneself in optional prayers.  However, those prayers that have been specifically mentioned in Ahādīth (such as the emphasized Sunnahs and the optional prayers such as Salah adh-Dhuha and Tahajjud) should not be missed even if one has to make up missed prayers. [1] If the above-mentioned method of making up missed prayers is adopted, then one will easily be able to perform missed prayers as well as these virtuous optional prayers.

 

Note 1: There is no Qadha (making up) for missed Sunnah prayers. Making up is only in missed Fardh and Witr prayers.

Note 2: While performing the missed prayers, for each prayer make intention that this is the first prayer I have missed in my life after reaching puberty. For example, when making up Dhuhr, make intention this is the first Dhuhr I have missed in my life. Thereafter, make the same intention while making up the next Dhur, as the next Dhuhr missed will now be the first Dhuhr since the previous one is already made up. [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]  وأما النفل فقال في المضمرات: الاشتغال بقضاء الفوائت أولى وأهم من النوافل إلا سنن المفروضة وصلاة الضحى وصلاة التسبيح والصلاة التي رويت فيها الأخبار. اهـ. ط أي كتحية المسجد، والأربع قبل العصر والست بعد المغرب (رد المحتار، ج 2، ص 74، سعيد)

[2] Aap Ke Masaail Aur Un Ka Hal, Vol. 2, page 351

Zakah on money saved for Hajj

 

Question:

Please advise on zakah matters. Is it permissible to give zakah for mosque building/expansion? Also if one is going to hajj is the expense deducted from totalable zakatable items, then given for zakah?

 

Answer:

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

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

In principle, it is not permissible to use Zakah funds for the building/expansion of the Masjid.

The fundamental criterion for the validity of Zakah is Tamleek i.e. a needy person must be given ownership of the Zakah funds. It is clear that the Masjid is not a human being. Hence the requirement of Tamleek is not fulfilled.[1]

If the funds that are saved for Hajj are with you on the day in which you calculate Zakah and these funds have not yet been spent for Hajj purposes, then Zakah is due on such money. However, if you have already spent this money for Hajj purposes and it is no longer with you on the day Zakah is calculated, then no Zakah is due on such money.[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.

 

 

 احكام زكاة (حضرت مفتي رفيع عثماني مدّ ظلّه)، ص 43 [1]

 فتاوي دار العلوم زكريّا، ج 3، ص 113-114، زمزم[2]

Salah behind Imam who dyes hair black

 

Question:
AA,

Would you please let us know the ruling of dying black color to hair / beard ?

I think I heard somewhere that for Men its not allowed. But if your Imam itself leading taraweeh / prayers what should be done ?

JazakAllah

 

Answer:

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

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

In principle, it is impermissible to use black dye.[1] The one who dyes his hair and/or beard black is a Faasiq (sinner).[2]

The Imamah (Leading of Salah) of a Faasiq is Makruh Tahrimi (severely disliked).[3]

Hence, you should make an effort to perform Salah in another Masjid. However, if another Masjid in not easily accessible, then you should perform Salah behind the one who dyes his hair black instead of praying individually. In this case, you will not be sinful and the sin will be on those who appointed the Imam.[4]

Note: The use of dark brown dye is permissible. Only the use of black dye is impermissible.

 

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.

 قاموس الفقه، ج 3، ص 340، زمزم[1]

 أحسن الفتاوي، ج 3،  ص 294، سعيد[2]

 أحسن الفتاوي، ج 3، ص 260، سعيد[3]

 فتاوي رحيمية، ج 4، ص 171، دار الإشاعت[4]