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Ask Mufti a Question

Question and answers session by Mufti Abdul Qadir Peeraye at Quatre Bornes Sunnee
Masjid.
Session: Friday 11 February 2022
Series 003

Question 1

Doute une person en islam. Eski permettre?

Answer:

It is not permitted for a Muslim to have a suspicion of his Muslim brother based on mere
assumption.

Allah (swt) says:

‫ض ُكم َب ْعضًا ۚ أَي ُِحبُّ أَ ََُ ُ ُك ْم أَن َيْ ْ ُك ََ لَحْ َم‬


ُ ‫سوا َو ََل َي ْغتَب َّب ْع‬ ُ ‫س‬َّ ‫ظ ِن ِإثْ ٌم ۖ َو ََل ت َ َج‬
َّ ‫ض ال‬
َ ‫ظ ِن ِإ َّن َب ْع‬ َّ ‫يرا ِمنَ ال‬
ً ‫َيا أَ ُّي َها الَّذِينَ آ َمنُوا اجْ ت َ ِنبُوا َك ِث‬
َّ ‫أ ِخي ِه َم ْيتًا فَك َِر ْهت ُ ُموهُ ۚ َواتَّقُوا‬
َّ ‫َّللاَ ۚ ِإ َّن‬
‫َّللاَ ت ََّوابٌ َّر َِي ٌم‬ َ

“O you, who has believed, avoids much [negative] assumption. Indeed, some assumption is
sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his
brother when dead? You would detest it. And fear Allah; indeed, Allah is accepting of
repentance and Merciful.”

(Surah al-Hujaraat, Verse 12)

The Prophet (‫ )ﷺ‬said:

َّ ََ‫ َو ُكوُُوا ِِبَا‬،‫ َوَلَ تَ َبا ََضُوا‬،‫ َوَلَ ت ََُابَ ُروا‬،‫سُُوا‬


ِ‫َّللا‬ َ ‫ َوَلَ ت َ َحا‬،‫سوا‬ ُ ‫ َوَلَ ت َ َح َّس‬،ِ‫ظ َّن أ َ ْكذَبُ ْال َحُِيث‬
ُ ‫ َوَلَ ت َ َج َّس‬،‫سوا‬ َّ ‫ فَإ ِ َّن ال‬،‫ظ َّن‬
َّ ‫ِإيَّا ُك ْم َوال‬
ً‫إِ ْخ َواُا‬

"Beware of suspicion, for suspicion is the worst of false tales; and do not look for the others'
faults and do not spy, and do not be jealous of one another, and do not desert (cut your
relation with) one another, and do not hate one another; and O Allah's worshipers! Be
brothers!”

(Sahih Al-Bukhari, Hadith Number 6064)

Having suspicion and doubts about another Muslim can be a cause of great corruption and
an infringement of their rights. If we look at the ayah above Allah (swt) first says don’t have a
suspicion, then He (swt) says don’t spy or backbite because that is usually the next stage after
having a suspicion of a person.

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Doubts, are baseless and do not have any evidence. They are from the tricks of Shaytaan to
create animosity and disunity between brothers.

It is imperative that you ignore these unfounded suspicions and divert your mind from pondering
and developing these ideas in your mind.

 Hasan ibn Ali ® reported:

The Messenger of Allah, peace and blessings be upon him, said, “Leave what makes you doubt
for what does not make you doubt. Verily, truth brings peace of mind and falsehood sows
doubt.”

ource unan al- irmidh 2518


Grade: Sahih (authentic)

 On the authority of Abu Hurayrah ® (may Allah be pleased with him) who said:

he Messenger of Allah (peace and blessings of Allah be upon him) said, “Part of the perfection
of one’s Islam is his leaving that which does not concern him.”

A hasan (good) hadiths which was related by at-Tirmidhi and others in this fashion.

ٌ ََُ ."‫َّللاِ صلى هللا ِليه و سلم " ِم ْن َُس ِْن إس ََْل ِم ْال َم ْر ِء ت َْر ُكهُ َما ََل َي ْعنِي ِه‬
‫ِيث‬ ُ ‫ قَا َل َر‬:‫ي هللاُ َِ ْنهُ قَا َل‬
َّ ‫سو ُل‬ َ ‫ض‬ ِ ‫َِ ْن أ َ ِبي ه َُري َْرةَ َر‬
.]1793:‫ ابن ماجه [رقم‬، ]8132 :‫ي [رقم‬ ُّ ‫ َر َواهُ التِ ْر ِم ِذ‬،‫س ٌن‬
َ ََ

Question 2

Can we give zakaat to sick person? (Buy for him medicines, pay his treatment or remove him
from drugs, etc…..)

Answer:

Zakaat is prescribed for several purposes, one of which is meeting the needs of the needy.

Undoubtedly the sick person who is not able to earn an income and does not have money that he
can spend on medical treatment is one of those who are entitled to zakaat, because he is included
in the general meaning of the verse in which Allah, may He be exalted, says (interpretation of the
meaning):

“As-Sadaqat (here it means Zakaat) are for the Fuqaraa (poor), and Al-Masaakin (the
needy)…” [at-Tawbah 9:60].

In fact such a one is more entitled to it than other poor people, because he is poor and unable to
earn a living as he is sick.

But the basic principle is that zakaat should be given directly to the poor and needy person, then
he may dispose of it however he wishes, according to whatever need he wants to meet.
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Thus zakaat should be given directly to the poor person, and then he himself should use it to
pay off hospital and medical bills.

It may be permissible for the charity to do that instead in two cases:

The first case is if the charity is paying off medical costs that are proven to be a debt owed by the
sick person, such as paying for hospital accommodation, doctors’ services, and so on.

In this case the sick person is also a debtor, and it is permissible for the giver of zakaat to give it
directly to the creditor.

The second case is if that is easier for the sick person and is better in his view, such as if he does
not have anyone who can serve him or buy medicine for him, or he fears that if he receives the
cash directly, he will not dispose of it properly.

In this case it is permissible to buy medicine for him.

Based on that, there is no reason why zakaah cannot be given to sick people for the purpose of
doing surgery or buying medicine, or anything else that will meet their needs, but that should be
done after confirming that they are entitled to zakaah.

And removing someone from drugs also is similar to the above.

Note:

He must be among one of the eight recipient of zakaah.

If he is not elligible of taking zakaah money then we cannot give him zakaah, instead charity
(sadaqah) money will be used for this purpose.

Question 3

What are the Shariah and physical criteria needed for someone to give Azaan and Iqamat?

Answer:

Adhan literally means ‘announcement’, and in the hari’ah it means the announcement made in
specific words at the time of salat.

It was introduced after the Hijrah at Madinah. The cause of its introduction was that Gabriel (A)
came down with the adhan in a message from God to the Prophet (S).

‘Abd Allah ibn Zayd saw a dream in which he was taught the adhan by someone. When he
related his dream to the Prophet (S), he approved it.

Adhan is Invalid in Certain Cases

The Hanbalis observe: It is not valid to make adhan for a funeral prayer (salat al-janazah) or for
a supererogatory prayer (al-salat al-nafilah) or for one performed to fulfil a vow (al-salat al-
mandhurah).
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The Malikis say: It is not valid for a supererogatory or funeral prayer or for an obligatory daily
prayer performed after the lapsing of its time (al-salat al-fa’itah).

The Hanafis state It is not valid for the prayers performed on the two ‘ids (‘idayn), for the
prayer performed on the occurrence of an eclipse (salat al-kusuf), for prayers made for rain
(istisqa’), and for tarawih and sunnah prayers.

The Shafi’is does not consider it valid for janazah, mandhurah and nawafil prayers.

The Conditions for Adhan

The schools concur that the conditions for the validity of adhan are:

Maintaining continuity of its recital and the sequence of its different parts, and that
the mu’adhdhin be a sane Muslim man.

Adhan by a child of discerning age is valid. All the schools concur that Taharah is not
required for adhan.

The schools differ regarding other aspects.

The Hanafis and the Shafi’is say: Adhan is valid even without niyyah. The other schools
require niyyah.

The Hanbalis consider making adhan in any language other than Arabic as being
unconditionally valid.

he Malikis, Hanafis and hafi’is state It is not valid for an Arab to make adhan in any other
language, though it is valid for a non-Arab to make it in his own tongue, for himself and his co-
linguals.

Iqamah (A call immediately before prayer)

For both men and women it is mustahabb to recite iqamah before every daily obligatory salat,
with the salat immediately following it. The rules applicable to adhan, such as continuity,
sequence, its being in Arabic, etc., apply to iqamah as well.

Criterias of Muezzin & Mukkabir


THE AZAN

 The words of the azan should be called slowly while those of the iqamah should be called
rapidly (but not so fast that the words are not properly articulated).
 It is necessary for the muezzin to know the timing of the salat, the best times to form the
jamaat and the directions of Qibla.
 One should not cry himself hoarse while calling the azan.
 If someone else calls the azan in the muazzin’s absence he should not be annoyed at it.
 One should call the azan in a loud and agreeable melodious voice but not like a song.
 One should call the azan for the sake of Allah’s Pleasure.

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 He should not behave as if he is forced by someone, nor should he charge any
remuneration for calling the azan unless appointed by duty.
 He should recommend the doing of good and pious acts and denounce the undesirable
acts.
 He should not discriminate between the rich and the poor in speaking out what is right.
 If someone sits at the place which the muezzin usually occupies he should not get angry.
 He should not perform lengthy supplication after the azan. Waiting for the
commencement of the prayer wearies the congregation.
 He should protect the mosque in every manner.
 The muezzin should be male, adult, and of sound mind and familiar with the necessary
rules of the Shariah.
 He should be Allah-fearing and a follower of the rules of the Shariah.
 He should be aware of the conditions of the life of the men of the congregation and he
should be able to correct and advise the people who do not attend the prayers in the
Masjid on a regular basis.

(Note: this should be done in a manner that does not hurt the feelings of the one who is not
regular in attending the masjid).

 He should have a loud voice.


 He should be regular and punctual in calling the azan.
 The azan must be called in the prescribed words in the Arabic language without any
addition or alteration.
 The muezzin should be facing towards the qibla while calling the azan and iqama. Not to
follow this essential requirement is makrooh.
 The muezzin should turn his face to his right when he calls out the words:
HAYYA=ALAS-SALAH. But his feet should be firmly in their place and his face to his
left when he calls out the words: HAYYA=ALAL-FALAH.
 He should put his index fingers of his hands in his ears. It is not enough to just keep the
index fingers on the ears; these should be inserted in the ears.
 It is makrooh not to have a time gap between the azan and iqama. The time gap should be
equivalent to the time taken in the performance of two or four rak’ats.
Each rak’at should take so much time that one may recite ten verses of the Qur’an in that
time period.
 One should not talk while calling the azan, if he does it he will have to call the azan again
from the beginning.
 The azan should be called at an early hour of the time of prayer so that the residents of
the locality may conveniently reach the Masjid.
 After the azan one should wait for the residents of the locality (who usually attend the
congregation) but this waiting should not be reserved only for the rich and influential
persons.
 Azan should be called for the fardh prayer five times a day and the juma prayer which is
wajib. Azan is not required for sunnah, nafil, and wajib prayers.
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 Azan should be called standing, calling the azan sitting is disallowed (makrooh).
 Calling the azan on horseback or on a train or plane is makrooh, except when the person
is a traveler actually riding a horse or on the train airplane etc.
 One muezzin should call the azan in one Masjid only. It is makrooh for a man to call the
azan in several Masjid.
 After the azan for maghrib one should wait for a while before commencing the iqama for
prayer, long enough for reciting three short ayats of the qur’an or one long ayat.
 If the order of the phrases of the azan is altered by mistake it should be corrected.
 It is a common belief that the azan should be called from a place on the left side of the
mosque and the iqama on the right side. There is no basis in shariah for such a belief.
Some people think or act in a way as if it is not permitted to cross in front of someone
while he is calling the azan or someone when he is busy in du’a.

This too is also not correct.

Question 4

Usually we received interest on the bank saving account. I keep the interest earn in a separate
account. Please confirm how I can donate this money. Whether to an institution or any kind of
person.

Answer:

It is haram for a Muslim to have any kind of dealings with interest.

Because of the nature of things, the fuqaha of our age allowed putting money in accounts that
accrue interest only if there is no reasonable availability of accounts that do not accrue interest.

As such, you should either find an account that does not accrue interest, or request not to receive
interest.

If neither is found to be possible, then should you give away the interest?

According to the Hanafi fuqaha, it is best to give away the money to those eligible for charity.

“Sadaqah (i.e. Zakat) are for the poor, and the needy, and those employed to administer [the
funds], and those hearts have been reconciled [to the truth], and for those in bondage, and
those in debt, and in the cause of Allah, and for the wayfarer; [thus is it] ordained by Allah,
and Allah is full of knowledge and wisdom.”

The facilities of a conventional bank can only be used due to need and necessity.

If you are putting your money into a savings account due to necessity, the interest money must
be discharged off without the intention of attaining reward; instead you will be merely
ridding yourself from wrongly-acquired money.

There is a difference of opinion amongst the contemporary scholars with regards to the
disposal of interest money acquired from a bank:
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1) The first opinion is that such interest money can only be given to those poor people who are
eligible to receive Zakaat. It is necessary that the recipients are granted ownership and
possession of the wealth. According to this opinion, it is not permissible to discharge interest
money to public welfare projects, hospitals and the like thereof.

2) The second contemporary opinion is that such interest money can be used in public
utilities. According to this view, granting of ownership to the poor is not a requirement.

The first view is more precautionary (ahwat) whereas the second view is more accommodating
(awsa’).

As for giving the interest money to a non-Muslim, it is permissible to give it to them if they
are poor.

You may also forward interest money to a public utility directed by non-Muslims. Even then,
giving it to the poor Muslims will be better as there are so many out there in the world.

It will not be permissible for anyone to directly gain benefit from the interest money they
advance. In addition to this, interest money cannot be used to pay off legitimate fines.

It will not be permissible to give interest money to a Masjid or for its construction.

Likewise, it should not be given to Islamic institutions.

Question 5

How many witnesses for the Nikah if the bridegroom can't have his father and his family
members by his side?

Answer:

In principle, according to the Hanafi Madhab, a mature girl (baligah) has an independent right to
get married according to her wish. She does not require the consent of her wali. If the Nikah was
conducted in the presence of two male witnesses, then the Nikah will be valid.

Hanafi jurists disagreed with the majority of jurists and hold that a mature, sane free woman is
capable of contracting her own marriage without a wali (male guardian) albeit it being
incomplete if there was no wali.

However they stipulated two important conditions which if not fulfilled, the wali has the right to
nullify the marriage contract:

 the woman should marry a kuf' (a man in equal standing and status) and
 the bride receives the same dowry is usually given to similar brides (mahr al-mithl).

Introduction

The issue of wilayah (male guardianship) in marriage is differed between the majority of Muslim
jurists (Malikis, Shafi'is and Hanbalis) and the Hanafi jurists. Whilst majority of scholars
7
maintain wilayah in marriage is a rukn (pillar) of marriage and a condition for its validity,
Hanafis argued wilayah is not a condition for the validity of marriage, but it is a condition for the
completion (shart kamal) of marriage.

Definition of Wilayah

Linguistically: the wali is a person who has been given authority to safeguard the rights and
interests of another. (Ibn Fars, Hilayat al-Fuqha, p. 165)

Technically: it is a legal authority given to a person to make contracts without the consent of
anyone else. (Zayla'i, Al-Bahr al-Ra'iq, Vol. 3, p. 117)

Thus, if a woman has a wilayah over herself, this means that she is capable of enacting her
marriage independently without her wali (male guardian).

Juristic Analysis

Unlike the majority of scholars who maintained that wilayah in marriage is a rukn (pillar) of
marriage and a condition for its validity, Hanafis viewed wilayah is not a condition for the
validity of the marriage, but a condition for its completion (shart kamal).

The seventh-century Hanafi jurist al-Musili for instance stated:

ُ ‫ارة‬
َ َ‫اء َو ِِب‬
ِ ‫س‬ ِ ‫س َها ْالبَا ِلغَةُ ْالعَاقِلَة ُ ْال ُح َّرة ُ زَ َّو َج‬
َ ِ‫ت لَ ْو ََتَّى النِكَاحِ فِي ُم ْعتَبَ َرةٌ الن‬ َ ‫َجازَ َُ ْف‬

The statement of women is legally allowed in marriage. Even if the free, sane mature woman
marries herself off, this marriage is valid (Al-Ikhtiar, Vol. 3, p. 90)

But the Hanafis stipulated two conditions in such marriages:

 the woman should marry a kuf' (a man in equal standing and status) and
 the bride receives the same dowry is usually given to similar brides (mahr al-Mithl).

1. Suitability of the husband (Kafa'ah)

They stipulated a woman should marry a man in equal standing and status. Thus, if the sane,
mature woman did not marry herself off to an adequate man, Hanafis rule her wali has the
authority to nullify this marriage.

Kasani stated:

‫ت َل ْو‬
ْ ‫فء ََي ِْر ِم ْن َُ ْف َس َها زَ َّو َج‬
ْ ‫ضا ََي ِْر ِم ْن ُك‬ ِ َ‫يَ ْلزَ ُم ََل ْاْل َ ْو ِلي‬. ‫اء‬
َ ‫اء ِر‬ ِ ‫اء ََقًّا ْال َكفَا َء ِة فِي ِْل َ َّن ِاَل ِْتِ َر‬
ِ َ‫اض؛ ََ ُّق َو ِل ْْل َ ْو ِلي‬ ِ َ‫ِل ْْل َ ْو ِلي‬
If she married herself off to a man who is not kuf' (suitable) without the consent of her awliya,
this marriage contract is not valid. Because they have a right in kafa'ah. (Bada'i al-Sana'i, Vol. 2,
p. 317)

8
A “mature” girl can marry whoever she wishes, provided the man is of her equivalent social
standing, the marriage will be valid irrespective of whether the wali is informed or not, and
irrespective of whether the wali gives his consent or not.

The rules are different for a mature woman who marries a man who is of a lower social status
than her family. If her wali is not happy about this marriage, the marriage will not be valid. In
this regard, the wali has a central role in ensuring that social hierarchies are not undermined by a
woman marrying a man who is considered of lower social standing than her. This sort of
marriage is looked down upon in the Hanafi fiqh tradition probably because it inverts what is
considered to be the normal relationship between the spouses, with the man meant to be
“superior” in status to the woman.

hus, the fuqahaa (jurists) have stated that a weaver is not a Kufu’ (match) of a tailor, rather he
is inferior nor is a tailor the Kufu’ of a cloth merchant nor a cloth merchant the Kufu’ of an aalim
or qadhi. (Darrul Mukhtaar Vol. 3 p. 90)

he Prophet (saw), ‘Listen! Women should be married off only by their ( har’ee) guardians
(Wali) and their marriage should take place only with suitable matches.’ (Akfaa).’ (Daaraqutni
and Bayhaqi)

he Prophet (saw) said, ‘Oh Ali! Never delay in 3 matters: Salaat – when its time is nigh;
Janaaza – when it is ready, an unmarried woman – when her Kufu’ (suitable partner) is found.’
(Tirmidhi)

2. Dowry given to similar brides

Hanafi jurists also view that it is a necessary condition that the woman receives the same dowry
that is usually given to similar brides. But if she did not receive the same amount that is usually
given to similar brides, the marriage contract is valid but is not binding and the wali then has the
authority to demand the remaining amount of the dowry from the husband. If the husband paid
the remaining of the dowry, the contract would become valid but if he did not, he has the right to
nullify the marriage contract. (Kasani, Bada'i al-Sana'i, Vol. 2, 322)
______________________________________

Question 6

I have heard like imaam Shafee used to go on the mazaar of Abu hanifa whenever he was
having any problems.wen I share this With friends they ask me proof of hadith.

Answer:

‘Allamah Kawthari (rahimahullah) writes ‘[ his] is recorded by Khatib Baghdadi


(rahimahullah) at the begining of his Tarikh [Baghdad] with a sahih (authentic) chain.

(Maqalatul Kawthari, pg.381)

The Athar

9
‫قال أَمُ بن مكرم ُبُْا قال المقرئ إبراهيم بن ِمر أُبُْا قال الصيمري دمحم بن ِلي بن الحسين هللا ِبُ أبو القاضي أخبرُا‬
‫في قبره إلى وأجيء َنيفة بْبي ْلتبرك اُي يقول الشافعي سمعت قال ميمون بن ِلي ُبُْا قال إبراهيم بن إسحاق بن ِمر ُبُْا‬
َ‫َتى ِني تبعُ فما ِنُه الحاجة تعالى هللا وسْلت قبره إلى وجئت ركعتين صليت َاجة لي ِرضت فإذا زائرا يعني يوم ك‬
‫تقضى‬

Ash- hafi’i said “I do abarruk with Abu Hanifah and I go to his grave every day -meaning for
visit- and when I have a need I pray two Rak’ah and I go to his grave and ask my need to Allah
( a’ala) and I do not leave it until it is fulfilled”
Tareekh al Bagdad 1/123

It is permissible, encouraged and Sunnah to visit the graves of the believers.

When Muslims go to the graves of the pious, they seek Tawassul. This could be supplicating to
Allah and using the pious as a medium or directly invoking the deceased to help.

This is with the belief that Allah has given them the power to help.

This was the practice of the Sahabah.

Imam Bayhaqi and Imam Ibn Abi Shaybah have recorded,

“In the time of Umar’s caliphate the people faced a drought. Bilal Ibn Al-Haris came to the grave
of the Prophet (peace be upon him) and said, “O’ Messenger of Allah! Plead rain for your nation
for they will be destroyed.” he messenger of Allah came into his dream and said, “Go to Umar,
give him my greeting and tell him they will be given rain.” Bilal Ibn al-Haris came to Umar and
gave him the news. Umar cried and they were given rain.” (Ibn Ab haybah in his Musannaf
narrated with a sound chain. Imam Bayhaqi in his Al-Dalaa’il. Ibn Katheer in Al-Bidayah Wa
Al-Nihayah)

This was also the practice of our pious predecessors.

It was the practice of Imam Maalik, Imam hafa’i and Imam Ahmad. Imam Qadi Ayadh in his
hifa mentions that when Abu Ja’far Mansoor, the second caliph of Banu Abbas came to the
holy shrine of the Prophet (peace be upon him) Imam Malik was also present in the Masjid of the
Prophet (peace be upon him). The Caliph Mansoor asked Imam Malik,

“O’ Father of Abd Al-Allah, shall I face the holy Ka’bah or shall I face the shrine of the
beloved?”

Imam Malik replied,

“Why would you turn your face away from the beloved Prophet (peace be upon him) as he is
your means to reach Allah as was for your father Adam (peace be upon him). Therefore, face
him and ask his intercession. Allah will accept his intercession.” (Al-Shifa)

Imam Khateeb Al-Baghdadi writes,


10
“In the days when Imam hafa’i was in Baghdad he would practise awassul through Imam Abu
Hanifah. He would come to the shrine of Imam Abu Hanifah as a visitor and would greet him
(by saying Al-Salam Alayk). After, he would use him as a means in the court of Allah for
gaining his needs.” (Al-Taareekh of Imam Khateeb Al-Baghdad)

Ibn Abideen writes that Imam Sahafa’i said,

"I seek blessings from Abu Hanifa by going to his grave. When I am in need of something I
perform two units of salah, go near his grave and supplicate to Allah. My need is fulfilled
quickly" (Radd Al-Muhtar)

Sheikh Abd Al-Haqq, the great Muhaddith writes in his Sharah of Mishkaat Al-Masabeeh,

"Imam hâfi’î said that the grave of ayyiduna Mūsa Kāzim (Allah is pleased with him) is a
place where supplications are accepted immediately" (Ashi’ah Al-Lam’aat)

Ibn Hajar Al-Makki writes,

“It has always been the practice of the scholars and those in need, to go to the shrine of Imam
Abu Hanifah (Allah is pleased with him) and use him as a medium to seek the removal of their
difficulties. These people believed this to be a means of success and received great rewards from
this practice. Whenever Imam hafa’i (Allah is pleased with him) was in Baghdad, he would go
to the shrine of Imam Abu Hanifah (Allah is please with him) and seek blessings from him. He
said, whenever I am in need, I offer two units of salah and then go near his grave. I pray to Allah
at this place and my difficulty is immediately removed.” (Al-Khayrat Al-Hissan)

Imam Nabhani has written,

“Imam Ahmad Ibn Hanbal practised awassul through Imam hafa’i. Upon that, his son Abd Al-
Allah was amazed. Imam Ahmad Ibn Hanbal said, “Imam hafa’i is such a great person that he
is like the sun for mankind.” ( hawahid Al-Haq)

Seeking help from Allah using the deceased as a medium is a tradition of our most beloved
Prophet (peace be upon him). He (peace be upon him) would use himself and the past prophets
and messengers as a medium in his supplications. For example,

“When the mother of Ali Ibn Ab alib passed away, the Prophet (peace be upon him)
supplicated to Allah in these words, “O’ Allah, forgive my mother, Fatimah Bint Asad and make
spacious the place she shall enter through your Prophet and through the Prophets that were
before me (that have passed away).” (Ibn Hiban, Imam Hakim and Imam abrani in his Al-
Kabeer and Al-Awsat)

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In regards to the etiquette of visiting the graves, the great Hanafi Jurist, Imam Ahmad Raza
(Allah is pleased with him) writes in his Al-Ataya Al-Nabawiyyah and his student, the great
Jurist Sadr Al-Shari’ah writes that one should stand near the feet with respect and recite the
Quran and supplicate to Allah.

They also write that it is prohibited (Mana’) to touch or kiss the garve, impermissible to
circumbulate the grave as is practised on the Ka’bah and it is forbidden and an act of
infidelity to prostrate to the grave, Worshiping the graves is infidelity.

Allah is the source of all help and the friends of Allah are the means of gaining Allah’s help.
This is the belief of the Ahl Al-Sunnah Wa Al-Jama’ah.

There is nothing in the Quran or Hadith that refutes this belief but in actual fact this belief is
established from the Quran and Hadith.

Question 7

I have a female family member and she posts pictures of herself (Face and body) on social
media(Instagram). I told her that it is not right to expose yourself on social media as many ghair
mehraams will see these pictures. She told me that her account is private and only those who
follow her can see the pictures which include distant male cousins and distant male family
members. Then, she told me that only her female friends and family members (muslim and non-
muslims) will be able to view the pictures. Then i told her that her pictures are on social media,
nowadays people can easily screenshot and forward pictures to other people or a male can simply
take the mobile of one of her friends and view her pictures from her friends account. She told me
that it is too far fetched and will not likely happen. I told her that it is still a possibilty as the
pictures are easily available if someone tries to look for it. My question is whether in this
situation, is it allowed to post pictures on social media or is it better to not post. Jazakallah

Answer:

here is no doubt that social networking sites have become an important part of people’s lives.
This is evidenced from the millions of users that are part of these online communities.

While social networking sites can be used for good and/or permissible works such as dawah,
business promotions, and breaking news – they are more often than not used for impermissible
purposes such as intermingling, browsing photos, chatting, and online relationships.

As a result, only a minority refrain themselves from getting involved in impermissible uses of
social networking.

In addition to the above impermissible uses, there are other serious harms of social networking
sites such as the following:

Using status messages for impermissible things:

An enormous amount of time is wasted by users in reading the status messages of their friends. In

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addition, revealing information about one’s personal activities allows others to make obscene
comments, cyber stalk and spy on you. A number of documented incidents prove that such
harassment is increasing at an alarming rate on social networking sites.

What is the point of updating your status – when there are so many inherent risks to your
person and reputation in doing so?

Posting photos on social networking sites:

Many users add photos of themselves as icons and also upload and share photos of them while
going about their day, or events they attend and so on.

The position of the scholars is that it is not permissible to have digital photos of you, male or
female on such sites.

This impermissibility of photos is further exacerbated when they include pictures of women due
to numerous negatives:

a.) It allows mischievous people the ability to anonymously write obscene comments, cyber-stalk,
and harass women. This is not hearsay or a mere conjecture. There have been a number of
incidents where obscene comments have even driven some young women to take their own lives
as well.

b.) According to numerous references, these photos are also photo shopped and modified to put
them in embarrassing and compromising situations. Would any decent person, male or female,
want such pictures of them circulating online?

c.) The increasing prevalence of such online harassment has led to laws by even secular
governments to punish such behavior. An example of this is the law in India, governed by the
Information Technology Act, Section 67 which prohibits and punishes such actions.

d.) In fact, one book mentions a 17 year old Muslim girl who wears hijab, had her and her sister’s
photo taken from her page and put on naked bodies in an effort to ridicule and harass her.

It is clear from the evidence cited above that in addition to being impermissible; it is not in the
best interest of anyone to post their photos online. It is inconceivable that anyone, much less a
Muslim, would want their photos to be cropped, photo shopped and displayed in obscene ways or
ridiculed.

Fatwa:

It is haraam for a girl to put a picture of herself on Facebook/Instagram or in chat rooms or on


other websites, for a number of reasons:

1.

his is contrary to covering and concealment that is enjoined upon women in the Qur’aan and
Sunnah. Allah, may He be glorified and exalted, says concerning the noblest of women and the

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furthest of them from suspicion, namely the wives of the Prophet (blessings and peace of Allah be
upon him):

“And when you ask (his wives) for anything you want, ask them from behind a screen, that is
purer for your hearts and for their hearts”

[al-Ahzaab 33:53]

“O Prophet! ell your wives and your daughters and the women of the believers to draw their
cloaks (veils) all over their bodies (i.e., screen themselves completely except the eyes or one eye
to see the way). That will be better, that they should be known (as free respectable women) so as
not to be annoyed. And Allah is Ever OftForgiving, Most Merciful”

[al-Ahzaab 33:59]

And He forbade women to speak softly, as He says (interpretation of the meaning):

“O wives of the Prophet! You are not like any other women. If you keep your duty (to Allah),
then be not soft in speech, lest he in whose heart is a disease (of hypocrisy, or evil desire for
adultery, etc.) should be moved with desire, but speak in an honourable manner”

[al-Ahzaab 33:32].

So Allah, may He be glorified and exalted, enjoined the wives of the Prophet (blessings and peace
of Allah be upon him), and the believing women in general, to observe hijab, so as to purify the
hearts of the believing women and to protect them from anything that may give rise to temptation
or suspicion, and so as to preserve their chastity and that of His believing slaves. Once this is
understood, it will become clear that for a woman to put her picture where it will be seen by
righteous and evildoers alike on such websites is something that is contrary to Allah’s teachings.

2.

That opens the door to fitnah (temptation) and evil for the woman and for those who see her. How
often have we heard and read painful stories caused by such things. How many pure and chaste
women have fallen into the traps of those who do not fear Allah, evildoers who have tempted
them with sweet words and promises until, when they had had their way with them, they turned
their back on them and abandoned them with nothing but regret and loss, and perhaps shame in
this world and in the Hereafter - Allah forbid.

How many evildoers have tampered with those images and reproduced them by modern means,
putting the head of a decent woman on the body of an immoral woman, then there will be great
regret for what she brought upon herself and her family when regret is to no avail.

3.

With regard to what you have mentioned about some women who wear hijab believing that
putting their picture in hijab is not forbidden according to Islam, if what you mean by hijab is
proper shar‘i hijab that covers the face and does not show the face of the woman, then this kind of
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thing is not forbidden in Islam, especially when there is a need for it. But this is not what they
meant, because there is no benefit in doing this. What is the point of putting a picture of a black
shape in which nothing appears?!

But if what is meant is putting a picture of a woman with her face uncovered, even if she has
covered the rest of her body, then we have explained that this is what leads to evil consequences
that are sufficient to deem it forbidden, even if we do not say that it is obligatory for the woman to
cover her face; so how about if that is obligatory? The sin in this case is multiplied and the danger
is greater. By doing that she has transgressed and what the believing women have been
accustomed to doing for centuries.

Al-Ghazaali (may Allah have mercy on him) said in Ihya’ ‘Uloom ad-Deen (2/53): Men
throughout the ages have always had their faces uncovered and women have always gone out with
their faces covered. End quote. It says something similar in Fath al-Baari, 9/337.

Al-Haafiz Ibn Hajar (may Allah have mercy on him) said in Fath al-Baari (9/424): The custom of
women in the past and more recently has been to cover their faces in front of non-mahram men.
End quote.

Moreover, if everyone who has any common sense realizes that the focal point of beauty and
fitnah in women is the face, and this is what men want to see, and it is from this that it is judged
whether a woman is beautiful or not, then publishing pictures in the manner mentioned opens the
door to women for be tempted to be a source of temptation, and for them and their pictures to be
treated disrespectfully, as they will be visible to anyone who wants to see them.

________________________________________

Question 8

Suppose a person earn Rs 75000 per month, at the end of the month he spend all his money
on paying housing loan, children education. Does he need to pay zaakat.

Answer:

“And establish prayer and give zakat, and whatever good you put forward for yourselves –
you will find it with Allah.” (2 110, Qur’an)

As one of the pillars of Islam, zakat is a form of obligatory charity that has the potential to ease
the suffering of millions.

With the literal meaning of the word being ‘to cleanse,’ Muslims believe that paying zakat
purifies, increases and blesses the remainder of their wealth.

“Whoever pays the zakat on his wealth will have its evil removed from him” (Ibn Khuzaimah
and at-Tabarani).

Zakat is also a spiritual connection to one’s maker – to purify your wealth for the will of Allah is
to acknowledge that everything we own belongs to Him, and it is for Him that we strive to end
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poverty and help our brothers and sisters.

According to the Hanafi madhab, zakat is 2.5% of wealth that has been in one’s possession for a
lunar year. If wealth amounts to less than a threshold figure, termed the nisab, then no zakat is
payable. If wealth amounts to more than the nisab, zakat becomes obligatory.

“Of their goods, take zakat, so that you might purify and sanctify them.” (9 103, Qur’an)

Zakah:

The person who has some wealth and still does not take out Zakah for it is regarded as a great
sinner in the sight of Allah Ta'ala. He will be severely punished on the day of judgement.

 Rasulullah sallallahu alayhi wa sallam said: "The person who possesses gold and silver
and does not give Zakah for it, then on the day of judgement, slabs of fire will be made for
him. These slabs will be heated in the fire of jahannam and his sides, forehead and back
will be branded with them. When these slabs become cool, they will be re-heated and the
entire process will be repeated."
 Rasulullah sallallahu alayhi wa sallam said: "The person who has been given wealth by
Allah Ta'ala and despite this does not give Zakah for it, then on the day of judgement this
wealth of his will be turned into a huge poisonous snake which will encircle his neck. It
will then tear the sides of his mouth apart and tell him: 'I am your wealth and I am your
treasures.'" We seek refuge in Allah Ta'ala. Who can bear such severe punishment? It is
the height of foolishness and stupidity that we are prepared to pay such a great penalty for
a little greed and selfishness on our part. It is extremely foolish and improper to refuse to
spend in the path of Allah the wealth that Allah Himself has granted to us.

If a person possesses 612.35 grams of silver or 87.479 grams of gold or any currency that
equals the value of this amount of gold or silver, and this wealth remains in his possession for
a complete year, then on the expiry of this year it will be wajib on him to give Zakah for it. If
his wealth is less than this, Zakah will not be wajib. If it is more than this, Zakah will still be
wajib.

A person possessed the complete nisaab for about four to six months. Thereafter, this nisaab
decreased, and after about three months he acquired some other wealth (and he once again
possesses the complete nisaab, even in such a case Zakah will be wajib on him.

In other words, if a person possesses the nisaab at the beginning and at the end of the year, Zakah
will be wajib on him. By the nisaab decreasing during the course of the year, one is not absolved
of giving one's Zakah. However, if his entire wealth is lost and he finds it later, then the beginning
of the year will be calculated from the time that he finds his wealth. (The period prior to that will
not be calculated).

A person possessed the nisaab but prior to the expiry of one year all his wealth is lost and it was
not in his possession for the complete year. In such a case Zakah will not be wajib.

A person possesses the full nisaab and also has debts which equal the nisaab. In such a case Zakah
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will not be wajib.

If his debts are such that if he were to fulfil his debts he will have a remainder of wealth which
will equal the nisaab, then Zakah will be wajib on him.

Zakah is wajib on jewellery, utensils, ornaments, and brocades that have been made with gold or
silver. This is irrespective of whether these items are in use or not. In other words, Zakah is wajib
on everything that is made of gold or silver. However, if they are less than the nisaab, Zakah will
not be wajib.

If the gold or silver is not pure but has been mixed with another metal, then one will have to
check as to which is more in content. If the gold or silver is more, then the rules which are
applicable to both will apply here as well. That is, if they equal the nisaab, Zakah will be wajib. If
the content of the other metal is more than that of the gold or silver, it will not be regarded as gold
or silver. The rules that apply to brass, copper, steel, tin, etc. will also apply to this metal. These
rules will be discussed later.

A person does not have the complete nisaab of gold nor of silver. Instead, he has a bit of gold and
a bit of silver. If both are added together and their value equals the nisaab of gold or silver, Zakah
will be wajib. But if they do not equal the nisaab of either gold or silver after adding them
together, Zakah will not be wajib. If the nisaab of gold or silver is complete, there is no need to
obtain their value.

Assuming that the price of 11.664 grams of gold is R25, and for R1 we can get 17.496 grams of
silver and a person possesses double this amount of gold (i.e. 23.328 grams) plus R5 both of
which is over and above his needs. Furthermore, he has this gold and cash in his possession for a
full year. In such a case, Zakah will be wajib. This is because the 23.328 grams of gold equals
R50 and for R50 one can purchase 874.8 grams of silver (50x17.496g). In addition to this, if the
R5 were to be added together, this will result in a lot of wealth upon which Zakah will be wajib.
However, if he only possesses the 23.328 grams of gold and does not have any cash or silver;
Zakah will not be wajib.

Assuming that we get 23.328 grams of silver for R1 and a person only possesses R30. Zakah will
not be wajib and we will not calculate and say that R30 equals 699.84 grams of silver (i.e. 30 x
23.328 = 699.84) based on the fact that the rand is actually in place of the silver and when we
only have gold or silver, then we will take the weight into consideration and not the value. (This
rule will only apply when the coins used to be made of silver. These days, coins are made of
copper and other cheap metals. We even receive them in return for currency notes. Now the ruling
will be that the person who possesses coins or notes equal to the current value of the nisaab of
gold or silver, Zakah on this will be wajib.)

A person had money equal to the nisaab which was over and above his needs. Prior to the expiry
of the year, he received an additional amount. This additional amount will not be calculated
separately. Instead, it will be added to the original amount and upon the expiry of the year, Zakah
will be wajib on the entire amount and it will be regarded as if the original amount and the

17
additional amount was in his possession for one full year.

A person had silver which was equal to the nisaab. Prior to the expiry of the year, he received an
amount of gold (whether more or less than the amount of nisaab). This amount will not be
calculated separately. Instead, it will be added to the original amount of silver and Zakah will be
wajib on the total amount upon the expiry of that year.

With the exception of gold and silver, the rule regarding all other metals such as steel, copper,
brass, etc., the utensils that are made of these metals, clothing, footwear, and all other such items
is that if these items are for the purpose of trade, Zakah will be wajib on them if they reach the
nisaab of either gold or silver and are in the possession of the person for a period of one year.
However, if these items do not reach the nisaab, Zakah will not be wajib. If these items are not for
the purpose of trade, Zakah will not be wajib irrespective of the amount one possesses. Even if the
value of these items reaches thousands of rands, Zakah will not be wajib as long as they are not
for the purpose of trade.

Zakah is not wajib on household effects such as utensils, pots, big pots, trays, basins, crockery
and glassware, the house in which one lives, the clothes which one wears, jewellery made of
pearls, etc. This is irrespective of the amount and irrespective of whether they are being used
daily or not. However, if they are kept for the purpose of trade, Zakah will be wajib on them as
well. In short, Zakah is not wajib on all items apart from gold and silver if they are not for the
purpose of trade. But if they are for trade, Zakah will be wajib on them as well.

A person owns several homes from which he collects rent. Zakah is not wajib on these homes
irrespective of their value. Similarly, if a person purchases some utensils and hires them out,
Zakah will not be wajib on these utensils. In short, by hiring or renting something out, Zakah does
not become wajib on that thing.

Zakah is not wajib on clothes irrespective of how expensive they may be. However, if they are
embroidered with gold or silver thread and if this thread were to be removed and weighed it will
be equal to the nisaab, then in such a case Zakah will be wajib. But if it does not reach the nisaab,
Zakah will not be wajib.

A person possesses some gold or silver, and some goods for trade as well. All these will have to
be calculated together. If they reach the nisaab of either gold or silver, Zakah will be wajib. If
they do not reach the nisaab, Zakah will not be wajib.

Goods for trade will only be regarded as such if they have been purchased with the intention of
re-sale. If a person purchases some rice or any other item for his domestic needs or for a wedding,
etc. and thereafter decides to sell this item, Zakah will not be wajib on this.

Zakah is also wajib on the money that is owed to a person by his debtors.

Debts are of three types:

The First Type: The person loaned some gold, silver or money, or sold some tradeable goods to
another person. He is owing this money and only repays his debt after a year or two. If whatever
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he loaned is equal to or more than the nisaab, Zakah will be wajib for all the years that he had
loaned the money.

He did not repay the debt at once, but in instalments. The moment he pays an amount equal to the
value of 128.304 grams of silver, Zakah will become wajib on him. But if the person repays the
value of 128.304 grams of silver in instalments as well, Zakah will only become wajib on the
completion of this amount. Each time that this amount is paid, Zakah on it will have to be given.
Whenever the person gives the Zakah, he will also have to pay for all the previous years in which
the Zakah was not paid.

If the money owed is less than the nisaab, Zakah will not be wajib on the person. However, if the
person has some other wealth upon which Zakah is necessary, then this wealth should be added to
the money owed. If, after adding them together, they equal the nisaab, Zakah will be wajib on the
total amount.

The Second Type: A person did not loan any cash nor did he give (on credit) any goods for trade.
Instead, he sold something which was not originally purchased for re-sale, eg. He sold some of his
personal clothing or some household goods, and the person still owes him the money for these
items. In addition to this, the amount that he owes is equal to or more than the nisaab and he only
repays this amount after several years. Zakah will be wajib for all the years. If he does not repay
this debt at once, but repays it in instalments, then as long as the paid up instalments do not reach
the current nisaab of silver or gold, Zakah will not be wajib on the amount that he collected. The
moment an instalment reaches the current nisaab, Zakah becomes wajib for all the years in which
Zakah was not paid.

The Third Type: The husband owes his wife the mahr (dowry) which had been stipulated at the
time of marriage. He only pays this mahr after several years. Zakah will only be calculated from
the day that she actually receives her mahr. Zakah for the previous years will not be wajib. If the
mahr remains with her for a period of one year after having received it, Zakah will become wajib
on her upon the expiry of one year. But if she does not have the mahr (for example, if she spends
it), Zakah will not be wajib.

A rich person upon whom Zakah is wajib gives his Zakah before the expiry of one year and does
not wait until the end of the year. This is permissible and his Zakah will be considered to be
fulfilled. But if the person is not rich and envisaged receiving some money in the near future, and
therefore gave his Zakah before the expiry of the year, this Zakah of his will not be considered to
be fulfilled. When he receives the money and thereafter a year passes, he will have to give his
Zakah again.

It is permissible for a rich person to give Zakah for several years beforehand. But if his wealth
increases in any given year, he will have to give Zakah for the extra wealth that he obtained.

A person has R1000 over and above his basic needs. He also envisages receiving another R1000
from somewhere. Before the expiry of the year, he gives Zakah for the total R2000. This is also
permissible. However, if his money gets less than the nisaab at the end of that year, then Zakah
will not be wajib on him and the Zakah which he had already given will be regarded as a
19
voluntary charity (sadaqah-e-naafilah).

A person had some wealth for a full year but before he could give the Zakah, all his wealth was
stolen or disappeared in some other way. He will be absolved from giving Zakah. But if the
person gives his wealth away or causes it to be destroyed in some way or the other, then he will
not be absolved from giving the Zakah. It will remain wajib upon him.

After the expiry of the year, a person gave all his wealth in charity. Zakah will not be wajib on
him.

A person had R2000. After the expiry of one year, R1000 was stolen or he gave it in charity. He
will be absolved from giving the Zakah of R1000. He will now only have to give Zakah for
R1000.

THE PAYING OF ZAKAH:

Upon the expiry of the year, Zakah should be given immediately. It is not a good habit to delay in
carrying out good deeds because it is possible that death may overcome a person and this duty
will still remain on his shoulders. If the paying of Zakah is delayed to such an extent that the
second year also expires, the person will be a sinner but he can still repent for this sin and pay the
Zakah immediately. In other words, he should pay the Zakah that is incumbent upon him at some
time or the other in his life and should not leave it out.

Zakah is wajib on 1/40th of all the wealth which a person possesses. That is, R2-50 for every
R100 or R1 for every R40.

At the time of giving the Zakah to a poor person, one must have the intention in his heart that he
is giving this money as Zakah. If he merely gives it without making any intention, the Zakah will
not be fulfilled. He will have to give the Zakah again, and he will be rewarded separately for the
money that he had already given.

If the person did not make the intention of giving Zakah at the time of giving it to the poor person,
then as long as that money is still in the possession of the poor person, he will be able to make the
intention. By making the intention at this stage, his Zakah will be fulfilled. But if the poor person
has already spent that money, then the intention that is made at this stage will not be considered.
He will have to repeat the payment of his Zakah.

A person set aside R2 to be given as Zakah and decided that when he comes across a deserving
person he will give it to him. However, when he gave it to the poor person he forgot to make the
intention of Zakah. In this case, Zakah will be fulfilled. But if he did not make the intention of
Zakah at the time of setting it aside, his Zakah will not be fulfilled.

A person has taken out his Zakah for distribution. He has the choice of giving all his Zakah to one
person or distributing it among several persons. He also has the option of giving all the Zakah on
one day or distributing it over several months.

It is better to give one poor person an amount which will be sufficient for him for that day so that

20
he will not have to ask anyone else.

It is makruh to give one poor person an amount which makes the giving of Zakah wajib.
However, if it is given, the Zakah will be fulfilled. It is permissible and not makruh to give an
amount that is less than this.

A person comes to borrow some money and it is known that he is so poor and hard-pressed that
he will be unable to fulfil this debt or that he is a very bad payer and never fulfils his debts. If the
person gives him some Zakah money and also makes this intention in his heart that he is giving
Zakah, then in such a case Zakah will be fulfilled despite the poor person regarding it as a debt.

If a poor person is given something as a gift, but in his heart the person has the intention of giving
Zakah, even then Zakah will be fulfilled.

A poor person is owing you R10. You also have to pay Zakah for a sum of R10 or more. You
forgave the poor person the R10 which he is owing you with the intention of it being Zakah. In
such a case, Zakah will not be fulfilled. However, if you give him another R10 with the intention
of Zakah, Zakah will be fulfilled. It will now be permissible to take this R10 from him as a
fulfilment of his debt.

If a person has so much of silver in his possession that the Zakah on that silver amounts to 33
grams of silver and the market value of this 33 grams is two silver coins, then it is not permissible
to give two silver coins in Zakah because these two coins do not weigh 33 grams. And if silver is
paid in Zakah against silver goods, then the weight of the silver being paid is considered and not
the price. However, in the aforementioned case, if gold, metal-base coins, clothing, etc. to the
value of two silver coins is purchased and given as Zakah, or 33 grams of silver is paid as Zakah,
then the Zakah will be fulfilled.

It is permissible for a person to appoint someone else to give the Zakah on his behalf. If the
person to whom the money has been given does not make the intention of Zakah at the time of
giving the money to a poor person, the Zakah will still be fulfilled.

You gave a person R2 to be given to another person as Zakah. However, this person did not give
the very same R2 which you had given to him. Instead, he gave another R2 which was in his
personal possession and thought in his mind that he will take the R2 that you had given him. Even
in this case the Zakah will be be fulfilled. However, this is on the condition that your R2 is in his
possession and he is now taking your R2 in place of his R2. But if he spends your R2 first and
thereafter gives his own R2 to a poor person, Zakah will not be fulfilled. Alternatively, he has
your R2 in his possession, but at the time of giving his R2 he did not make the intention of taking
your R2 later. Even in this case, Zakah will not be fulfilled. He will now have to give R2 in Zakah
again.

If you did not give him any money but merely asked him to give some Zakah on your behalf and
he does this for you, the Zakah will be fulfilled. He should now take whatever amount he had paid
from you.

If a person pays some Zakah on your behalf without your asking him to do so or without your
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permission, the Zakah will not be fulfilled. Now, even if you agree or accept his payment on your
behalf, it will not be permissible. He does not even have the right to collect or ask you for that
money.

You have given a person R2 to be given on your behalf as Zakah. This person has the choice of
giving it to a poor person himself or asking a third person to give it on his behalf. When giving it
to this third person he does not have to mention your name that this Zakah must be given on
behalf of so and so person. If that person gives the money to a relative of his, or to his parents if
he finds them in need, this is also permissible. However, if the person who was asked to distribute
the Zakah is poor himself; he cannot take this money for his personal use. But, at the time of
giving the money to him, if you told him to do whatever he likes with the money and that he
could give it to whomsoever he wishes, it will be permissible for him to keep it for his personal
use.

Question 9

Si ene personne ena dette mais so madame ena bijoux. Couma li faire pou tire zakaat lor
bijoux la et ausssi faire qurbani

Answer:

If one is Sahib Nisab (i.e. posses that amount which makes zakat obligatory) but also has debts
outstanding.

At the end of the year he or she has to deduct his or her debt amount from his or her assets and
if there is still nisab remaining, 2.5% from there will be given for zakaat and in the month of
Dhul Hijjah if he has the nisab, qurbani will be wajib.

A person is also obliged to give Zakaat on money or valuable owing to him, whether it is a loan or
a business debt.

There are three types of debts:

1. Qawi (secure loan)

If cash, gold or silver has been given as a loan or when merchandise has been sold on terms and
the payment is received after a year or two; and the value of the amount owing is that of Nisaab,
then this is called a Qawi loan, and therefore, Zakaat for those years prior to payment wiil be
Farz.

2. Mutawassit (insufficiently secure loan)

If a loan is not cash, gold, silver or merchandise (as mentioned in 1. (a) above) but is personal
effects sold (old clothes, house-hold items etc.) or is a property which was sold and the value of it
is that of Nisaab, then it is called a Mutawassit loan. Thus Zakaat for those year will not be Farz.

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3. Dha’eef (Insecure loan)

If money owing to one is not in lieu of cash, gold, silver, merchandise or personal effects or
property, which is sold but is due to outstanding inheritance, bequests, Mahr (dowry) salary etc.
then it is called a Dha’eef loan.

Zakaat will become Farz when these monies are received and they are equal to or in excess of
Nisaab, and further, they are retained for a full Islamic year.

There is no Zakaat for the years that have passed before receiving these amounts.

If the wife jewelries has reached nisab, she will give zakaat.

Question 10

How the deceased person get takleef when his or her kids are doing wrong on earth.

Answer:

The deceased may get and may also not get ‘takleef.

One of the rights of a child over his parents is to be given religious education and to be taught
about halals and harams by his parents.

Parents receive their shares from the good deeds their children do and they will be held
responsible for the sins they commit if they have not shown them what is true.

Therefore, parents must be careful about the religious education of their children.

Hadith:

Jarir b. Abdullah reported that some desert Arabs clad in woollen clothes came to Allah's
Messenger (‫)ﷺ‬. He saw them in sad plight as they had been hard pressed by need. He (the Holy
Prophet) exhorted people to give charity, but they showed some reluctance until (signs) of anger
could be seen on his face. Then a person from the Ansar came with a purse containing silver.
Then came another person and then other persons followed them in succession until signs of
happiness could be seen on his (sacred) face. Thereupon Allah's Messenger (‫ )ﷺ‬said:

He who introduced some good practice in Islam which was followed after him (by people)
he would be assured of reward like one who followed it, without their rewards being
diminished in any respect. And he who introduced some evil practice in Islam which had
been followed subsequently (by others), he would be required to bear the burden like that
of one who followed this (evil practice) without their's being diminished in any respect.

Fa’qeer-wa-A’see

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Servant,

Muhammad Abdul Qadir Peeraye.

11 Febuary 2022.

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