Ask Mufti a Question

Question and answers session by Mufti Abdul Qadir Peeraye at Quatre Bornes Sunnee
Masjid.
Session: Friday 11 Mar 2022
Series 004
Question 1
After the first talaaq, idaat should be observed?
Answer:
Yes, Iddah should be observed
Talaq is of three kinds:
 Talaq Ahsan is to give one Talaq in the period of purity in which no intercourse took place.
He then leaves it until the expiry of period of iddah.
 Talaq Hasan, also known as Talaq Sunnah, stands for the Talaq given to the wife with
whom sexual intercourse has not taken place.
In this type of Talaaq a man gives three Talaaqs, one in each of three consecutive clean
periods (when she is not menstruating) and during which he has not had intercourse with
her. If he wishes to take her back, he may do so after the first or second Talaaq, but not
after the third Talaaq has been issued.
 Talaq Bida is to give Talaq twice or thrice in one period of purity (either repeating the word
Talaq on three or two occasions or all three, on one occasion. (Hidayah p.354 – p.355 v.2)
According to Shariah, there are three types of divorces:
 Talaaq e Raje’ (revocable divorce)
 Talaaq e Baain (irrevocable divorce)
 Talaaq e Mughallazah (permanently irrevocable divorce)
TALAAQ E RAJE’
Talaaq e Raje’ is a type of divorce wherein the husband divorces his wife in express and explicit
terms. For example, he says, “I divorce you”, or “You are divorced”. It is important to mention that
if the husband unintentionally uttered these express words of Talaaq, the divorce still take effect.
Once the husband utters such types of words, the wife becomes divorced and she has to observe
Iddah (waiting period) for three menstrual cycles if she experiences menses or three months if she
does not experience menses or child birth if she has conceived.
If the husband wishes to revoke his divorce, he may do so during the Iddah period. The husband
may revoke his divorce by verbally taking her back for example, he says to her, “I take you back”
etc. or by being physical with her for example kissing her or having conjugal relations with her.
If the husband does not revoke the divorce as explained above during the Iddah period, the divorce
becomes an irrevocable divorce. Therefore, if he wishes to take her back (after the Iddah period
has lapsed), he can only do so after renewing the Nikah.
TALAAQ E BAAIN
Talaaq e Baain is an irrevocable divorce where the husband uses ambiguous words or phrases to
divorce his wife. For example, the husband tells his wife “Pack your bags and get out” or “You are
no more my wife” or “Go to your father’s house”. Talaaq e Baain will only take effect if the
husband utters these or similar statements with the intention of divorce. If he merely uttered these
words out of anger without the intention of divorce, Talaaq will not take effect.
Once the husband issues his wife one or two Talaaq e Baain, she has to observe Iddah. If the
husband wishes to take back his wife, he may so only after renewing the Nikah. The Iddah will be
the same as explained above in Talaaq e Raje’.
TALAAQ E MUGHALLAZAH
Talaaq e Mughallazah is when the husband issues three divorces to his wife. Once the husband
issues his wife three divorces (Talaaq e Raje’ or Baain), she becomes permanently Haraam upon
him. She cannot marry him until after the Halaalah process.
Halaalah is when the wife after observing the Iddah as explained above in Talaaq e Raje’, marries
another man and consummates the marriage. The second husband then divorces her or passes
away. After observing the Iddah from this marriage, she may then marry her first husband.
_________________________________________
Question 2
What about a lady who is in niqaab and keep on going out even in idaat without any valid
reason.
Answer:
Must go out only for valid reasons otherwise it is a sin.
ÍDDAH (Period of waiting)
Literally -the word ‘iddah means to count. The count of the monthly purifications after
menstruation.
Religiously ‘iddah means the period of waiting by a woman in a house on the dissolution of her
marriage after consummation or on the demise of her husband even if the marriage has not been
consummated. She is not allowed to leave the house in this period. A marriage contracted by her
during this period is void.
OBJECT
The primary object of ‘iddah is imposed to ascertain whether the woman is pregnant so that the
paternity of the child that may be born to her after the death of her husband or the dissolution of
her marriage may be determined.
Another object is due to the close and important relationship between the husband and wife, in
the case of a deceased husband the shari’ah has imposed upon the wife to observe mourning and
express sorrow during the period of ‘iddah. This serves as a mark of respect for the de- ceased
husband.
The rules regarding ‘iddah vary in different cases and it will be inappropriate to include the full
detail of all types of ‘iddah in this booklet. The ‘iddah after the death of the husband – which is
relevant, is dealt with hereunder.
REMAINING IN THE HOME DURING’IDDAH
1. During the period of ‘iddah the bereaved wife should remain in the dwelling that they occupied
at the time of the demise of her husband. It is not permissible (Haraam) for her to leave this house
if she has sufficient provision.
2. If she is the sole bread winner with no other means of income then only is she permitted to
leave her house during the day to seek her livelihood. She must return to this house before
nightfall and as soon as she has completed this duty during the day.
3. It is not required that she confines herself to a certain room or that she remains silent during the
‘iddah. She should preferably occupy herself with ibaadah or any virtuous act. She may carry out
any house work. She must not indulge in any sinful activity or pas- time.
4. She may leave the house for unavailable or emergency medical treatment, but should return
immediately thereafter. If the distance to such services exceeds the limit of safar (77.25 km or 48
miles) she must be accompanied by a Mahram (a male member of the family whom she cannot
marry by Islamic Law).
5. She may not leave the borne to visit the ill or go to a place where there is a funeral, though they
be close’ relatives or even immediate neighbors.
6. She may move to another house if she cannot find sufficient accommodation in the deceased’s
house by virtue of her inheritance from him, and if the remaining heirs do not allow her the use of
her husband’s house or she is unable to observe the lslamic required purdah.
7. If the husband dies in a rented house, then if the surviving wife is able to pay the rent she must
observe her ‘iddah in the same house. When she is unable to pay the rent she may move to the
nearest available safe place where she must now complete her ‘iddah.
8. In case she is the sole occupant of the house where the ‘iddah has to be passed and the fear of
being alone is so great that it is unbearable, so as to cause mental ill health or defect, she may shift
to another house. Where the fear is not unbearable it will not be permissible to move.
9. If the dwelling where she is residing is in a dilapidated condition and there is a risk that it may
collapse or when it is insecure and there is a real threat to her chastity, honor or life, she may shift
to another house, but she has to return to her home as soon as the cause of danger is removed.
Note: In all the instances described above where shifting from the house of the ‘iddah to another
house is mentioned utmost care must be taken.
* That the cause be true and genuine.
* That she moves to the nearest available safe house from where she lived.
* That she completes her ‘iddah in this house. She may not move from this house again without a
valid Shar’i re
Annex:
Iddat of Divorce
When the husband divorces his wife, she will have to spend her Iddat in the matrimonial home. She
must not leave the house during the day or at night, nor can she make nikah with anyone else.
Once she completes three haydh periods, her Iddat will be complete and she can now stay
wherever she wishes. This rule will apply irrespective of whether the man issued one two or three
divorces, and irrespective of whether he issued a talaaqul baa-in (irrevocable divorce) or a talaaq-
ur-raj’ee (revocable Talaaq). The same rule will apply in all cases.
The Iddat for divorce is only compulsory on the woman who is divorced after her husband had
engaged in sexual intercourse with her or, they did not engage in sexual intercourse but they met
in privacy and thereafter her husband divorces her. If they did not meet in privacy and the person
divorces her, she does not have to observe the Iddat.
If a young girl who had not experienced haydh, or an old woman whose haydh had terminated is
divorced, then their Iddat will be three months.
A young girl who has not experienced haydh as yet was divorced. She therefore commenced
her Iddat on the basis that it will be three months. However, after a month or two she began
experiencing haydh. Her Iddat will now be calculated from the time her haydh commences. She will
therefore have to remain in Iddatuntil the completion of three haydh periods. Her Iddat will not be
complete until the completion of three Haydh periods.
If a woman is pregnant and her husband divorces her, she will have to remain in that house until
she delivers her child. When she delivers her child, her Iddat will expire even if she delivers her
child a few days after being divorced.
If a woman is divorced while she is in her haydh, this haydh will not be considered. Her Iddat will be
complete up on the expiry of three haydh periods after the haydh that she is presently
experiencing. However, it should be noted that it is a sin to divorce a woman while she is in her
haydh.
If she is observing her Iddat in the same house wherein the man who issued a talaaqul baa-in to
her is also living, she will have to observe strict Purdah with him.
Maintenance During the Period of Iddat
The maintenance and providing of shelter for a woman observing the Iddat of Death are not the
responsibility of her in-laws. She also does not have the right to take her maintenance out of the
Estate of her deceased husband. However, she will be entitled to her share of Inheritance.
The maintenance and providing of shelter for a woman while she is observing herIddat of divorce
are waajib on the very man who divorced her.
RESTRICTIONS PERTAINING TO THE IDDAT
Here we mention certain prohibitions upon the wife which come into force during the iddat.
1. LEAVING THE CONFINES OF THE HOME
The confines of the home in this context include the front and backyard.
a) A woman who has been divorced is not allowed to leave the confines of her home during the
iddat for whatever reason, be it to visit friends or relatives or to attend the funeral of even her
parents. If however, there is some danger to life or limb and leaving the home becomes necessary
then she is allowed to leave but must return as soon as the danger is over. Similarly, if a spiteful
husband evicts her from the house then too, she is allowed to go and spend her iddat elsewhere,
preferably at her parents home. In this case the husband is guilty of a major sin, since he is flouting
a law of The Holy Quran.
Allah has commanded the husbands in Surah Talaaq: “Do not evict them (from the home) nor
should they emerge (on their own)..”
b) A woman who has lost her husband is allowed to emerge from the home to earn a living if there
is no one to support her, in which case she may go out during the day but must be back by sunset.
However, if she does have an income or there is someone to support her then evens the widow is
not allowed to leave the home. Besides earning a living when there are no other means of income,
the widow is not allowed to go anywhere else during the iddat, as stated in (a) above. Furthermore,
if she can operate her business or earn her livelihood from within the confines of the home then
also she is not allowed to emerge.
c) The woman in iddat may go into the front or backyard of the home. She may not proceed
beyond this area.
d) Hajj is not fardh upon a woman who is in iddat even though she may have a substantial amount
of funds. Hence she is not allowed to go for Hajj or Umrah.
IMPORTANT NOTE
It must be remembered well that to emerge from the home during iddat for no valid reason is
indeed a severe crime in Islam. The same prohibition and reprimand for this violation appear in the
hadith for a woman (married or spinster) who leaves the confines of her home for no Shar’ee
reason. Allah commands in the first verse of Surah Talaaq: “Do not evict them from their homes,
nor should they leave on their own accord, except if they bring forth an open act of lewdness.” In
the tafseer of this verse Hazrat Abdullah bin Umar (radhiyallahu anhu) comments: “Her leaving the
home prior to the expiry of iddat is an act of open lewdness.” This is similar to the hadith of
Rasoolullah (sallallahu alaihi wasallam) which states that a woman who applies perfume and goes
out into public is like an adulterous. We can therefore see how serious a matter this is. Today our
ladies have abandoned these important and compulsory teachings of Islam. No wonder that they
are having such a great difficulty in following the Shariah. In this era, a woman is divorced today,
and tomorrow she is once more out on the street. Since they have become so used to being
outside the home, it is asking too much of them to remain indoors for three months, a period
which for some seems a lifetime!
THE WORKING WOMAN AND IDDAT
Some women work, hence they do not observe iddat for fear of losing their jobs. Has material gain
become so crucial to us that we are prepared to sacrifice the Law of Allah? Surely we need to think
and ponder carefully over the state of our Deeni affairs. Where Allah discusses the laws of iddat, it
is significant that He emphasis the qualities of taqwa and tawakkul. He says: “And whosoever will
adopt taqwa, Allah will open up a way for him and will grant him sustenance from avenues which
he himself will not perceive. And whoever will have trust in Allah, Allah will suffice for him.” (Surah
Talaaq) In another verse Almighty Allah specifically assures the couple who are divorced: “And if
the two separate, Allah will enrich each one of them from His Bounty.” Our sisters should therefore
realise that they too are required to inculcate taqwa and trust in Allah. These are injunctions of
Shariah, so at which stage of our lives will we practice on these teachings? Surely these teachings
apply to us as it does to the rest of the Ummat. There must be some time in our lives where a small
sacrifice is made solely and sincerely for the sake of Allah. In return, the rewards for such sacrifices
are immense. Allah has Himself promised to provide income to the divorcee.
Another aspect of emergence during iddat which must be considered is the interaction of the
practice of hidaad and observance of iddat. This practice, which is outlined in detail later on, entails
the abandonment of beauty and jewellery. This too is wajib during iddat. But if a woman emerges
from the home during iddat, she is forced to neglect the practice of hidaad for she will most
certainly adorn herself and apply cosmetics, which is haraam during iddat. Hence, coming out of
the home during iddat leads to other haraam acts being committed. This is another reason why a
woman must not leave her home during iddat. For the working woman we must stress that during
iddat the husband has to provide for his divorced wife, as he would for her during their nikah. If he
fails to do so then in cases of dire need, the women may leave the home to earn a living. However,
she must return to the house before sunset.
There is also the great danger that through her emergence from the home in iddat a woman is
exposing herself to the glances and advances of men folk. Allah forbid, this can lead to zinaa
(adultery), for it becomes known that this is a divorcee (and experience has shown that such
people are more prone to elicit affairs than those who have yet to taste married life). If not zinaa,
then there is the possibility of marriage that may arise during iddat, which is also a haraam act. A
nikah performed during the iddat of a woman is not valid, and the couples that marry in this way
are living in sin. So a host of evils are created just through the neglect of a basic Shar’ee injunction,
the command to remain indoors for the duration of the iddat. Several cases have been brought to
our attention, of women entering into marriage while the iddat is still in progress. Only Allah knows
whether these marriages were repeated again (to legalise it) after the iddat ended.
THE PRACTICE OF HIDAAD
a) Hidaad means: to avoid beauty and adornment. A woman in iddat is not allowed to do the
following:
She is not allowed to apply perfume, to wear jewellery and ornaments, to apply surma or cajel to
the eyes, to wear flowers, to wear attractive clothing, to apply henna (mehndi), to apply cosmetics,
to apply oil to the head, to comb the hair, or to resort to any other form of adornment women
normally do to make them attractive.
All the above are haraam during the iddat for a widow or a woman who has been given three
Talaaq or one baa-in Talaaq. (Baa-in talaaq is a type of divorce that breaks the nikah with
immediate effect and the couple can only reconcile by making a new nikah.) Except for a woman
who has been given Talaaq Raj’ee, this practice of hidaad is wajib upon every other woman in
 iddat. (Raj’ee talaaq means a divorce after which the couple can still reconcile and come back to
each other without making a new nikau.)
b) Combing the hair will be allowed if it is done out of necessity, such as to avoid knots and tangles
in the hair, but not for attraction and appeal.
c) The purpose of hidaad is to dispel any intentions men may have of marriage, since it is haraam to
marry while in iddat. So when a woman adorns and beautifies herself, she is inviting the attentions
of men, especially now that she is without a husband. Such is the strict ruling of the Shariah about
marriage during iddat that Allah has forbidden all such activities that may directly or indirectly lead
to marriage while the divorcee or widow is still in her iddat. So much so, that the Quran has even
forbidden a proposal of marriage in iddat, as well as any negotiations about nikah with the woman.
These are all indications of how serious a crime it is to contract a nikah with a woman who is in
iddat.
d) A woman who has been given Raj’ee Talaaq, i.e. the husband has the right to take her back
without a new nikah in the iddat, does not need to avoid beauty and adornment since the Shariah
encourages reconciliation. Perhaps through her adornment and beautification, the husband will be
persuaded to take her back. In this type of Talaaq the nikah is still intact, so this divorcee is not
bound by the practice of Hidaad.
e) Besides the above type of divorcee, all other women as well as those who have lost their
husbands must compulsorily observe hidaad.
f) She is allowed to use medication, and to bath and clean herself. If oil or surma has to be used for
medicinal purposes then this is allowed provided she uses oil which has no fragrance and applies
the surma at night and wipes it off in the morning. Similarly if the need arises to comb the hair
(such as in the case of lice) then this too is permissible. In short, these prohibitions become lawful if
there is a pressing need, such as illness for example. Otherwise, these activities will not be
permissible.
g) Upon the death of any other close relative (besides husband), it is permissible, with the
husband’s permission only, to observe the practice of hidaad as an act of mourning. But this will be
done for only three days and it is haraam to observe this practice for longer than three days. And if
the husband forbids the wife then it will not be permissible at all.
_______________________________________
Question 3
Shajra, ahad namaa are placed in kafaan of a mourda. It’s benefits or purpose please? Was this
done in the times of sahaba?
Answer:
It is permitted but not obligatory.
1. If the ‘Ahd Naamah is written on the shroud of the deceased, or his ‘Imamah (blessed
turban) or forehead, then hopefully Allah ‫ل‬ ََّّ ‫ َع َّز َو َج‬will forgive the deceased and protect him from
the punishment of the grave. Likewise, it is permissible to place other blessed things in the
grave or shroud with the intention of blessings; in fact, it is also proven from the practice of the
blessed companions’ ‫ىَّالـلّٰـهَُّ َعـ ْن ُهم‬ َ ‫ض‬ ِ ‫ر‬,
َ the books of Fiqh [Islamic Jurisprudence], and the
statements of the pious predecessors. And it is hoped from Allah ‫ل‬ َ ‫ َع َّز‬that the deceased
ََّّ ‫َّو َج‬
benefits due to these blessed things being present in the grave.
It is stated in Musannaf ‘Abd-ur-Razzaq,
ََّّ‫اخبرناَََّّّمعمرََّّبنَّعبدَّہللاَّبنَّدمحمَََّّّبنَّعقیلََّّانَّفاطمۃََّّرضیَّہللاَّعنهاَََّّّلماَّحضرتهاََََّّّّالوفاۃََّّامرتََّّعلیاََّّفوضعَّلها‬
ََّّ‫غسالََّّفاغتسلتَََّّّوَّتطهرتََّّودعتََّّبثیابَّاکفانهاََّّفلبستهاََّّوَّمستََّّمنَّالحنوطَََّّّثمََّّامرتَََّّّعلیاََّّانَّالَّتکشفََّّاذاَّھی‬
َّ‫قبضتََّّوانََّّتدرجََّّکماَّھیََّّفیَّاکفانهاََّّفقلتََّّلہَََّّّھلََّّعلمتََّّاحداََّّفعلََّّنحوََّّذلکَّقالَّنعمََّّکثیرَّبنَّعباسَََّّّوکتبََّّفی‬
‫اطرافََّّاکفانہَََّّّیشهدََّّکثیرََّّبنَّعباسََّّانَّالَّالہََّّاالَّہللا‬
Meaning, Ma’mar Bin ‘Abdullah Bin Muhammad ‘Aqeel told us that near the passing of
Sayyidatuna Fatimah ‫یَّالـلّٰـهَُّ َع ْن َها‬ َ ‫ض‬ ِ ‫ر‬, َ she had water placed by Ameer-ul-Mu’mineen ‘Ali-ul-
Murtada ُ‫ىَّالـلّٰـهَُّ َعـ ْن َّه‬ ‫ض‬
َ ِ َ ‫ر‬ for her own Ghusl. Then she ‫یَّالـلّٰـه َُّ َع ْن َها‬ َ ‫ض‬
ِ ‫ َر‬bathed, asked for the shroud
and wore it, and applied the scent of Hanoot [perfume]. Then, she ‫یَّالـلّٰـهَُّ َع ْن َها‬ َ ‫ض‬ِ ‫ َر‬bequeathed to
ّٰ
Maula ‘Ali ُ‫ىَّالـلـهَُّ َعـ ْن َّه‬ َ ‫ض‬ ِ ‫ َر‬that no one is to open me after my passing away and that I am buried
in this very shroud. I asked, ‘Has anyone else done this too?’ He ُ ‫ىَّالـلّٰـهَُّ َعـ ْن َّه‬ َ ‫ض‬ ِ ‫ َر‬replied, ‘Yes,
Kaseer Bin ‘Abbas and he wrote on the edge of his shroud that, ‘Kaseer Bin ‘Abbas bears
witness that no one is worthy of worship except Allah.’ (Musannaf ‘Abd-ur-Razzaq, vol. 3, p.
411)
‘Allamah Shaami ‫ َرحْ َمةَُّالـلّٰـ ِهَّ َعلَیْه‬states in Radd-ul-Mukhtar,
’َّ‫وفیَّالبزازیةَّقبیلَّكتابَّالجنایاتَّوذكرَّاإلمامَّالصفارَّلوَّكتبَّعلىَّجبهةَّالمیتَّأوَّعلىَّعمامتهَّأوَّكفنهَّعهدَّنامهَّیرجىَّأن‬
‫‘یغفرَّہللاَّتعالىَّللمیتَّویجعلهَّآمناَّمنَّعذابَّالقبر‬
Meaning, It is stated in Bazaziyyah slightly before Kitab-ul-Jinayaat that Imam Safaar َّ‫َرحْ َمةَُّالـلّٰـ ِه‬
‫ َعلَیْه‬mentioned, ‘if ‘Ahd Naamah is written on the forehead of the deceased, or his ‘Imamah or
his shroud, then it is hoped that Allah Almighty will forgive the deceased and protect him from
the punishment of the grave.’ (Durr-ul-Mukhtar ma’ Rad-ul-Muhtar, vol. 3, p. 185)
Sayyidi A’la Hadrat, Imam Ahmad Raza Khan ‫علَیْه‬ َ َّ‫ َرحْ َمةَُّالـلّٰـ ِه‬states in the blessed Fatawa
Razawiyyah, ‘Imam Tirmizi Hakeem Ilahi Sayyidi Muhammad Bin ‘Ali, a contemporary of Imam
Bukhari ‫ َرحْ َمةَُّالـَّلّٰـ ِهَّ َعلَیْه َما‬, has narrated in Nawadir-ul-Usool that ‘the Noble Prophet َّ‫صلَّىَّالـلّٰـه َُّ َعلَ ْی ِه‬ َ
َّ‫سلم‬
َ ‫َّو‬ ٰ
َ ‫ َوا ِل ٖه‬himself stated,
’َّ‫الالہَّاالاہللا‬ ٰ ََّّ‫منَّکتبَّھذاالدعاءَّوجعلہَّبینَّصدرَّالمیتَّوکفنہَّفیَّرقعۃَّلمَّینلہَّعذابَّالقبرَّوالیریَّمنکراَّوَّنکیراًَّوَّھوھذا‬
ٰ
‫لہَّالملکَّولہَّالحمدالالہَّاالاہللاَّوالحولَّوالقوۃَّاالباہللاالعلیَّالعظیم‬ ٰ
‫َّالشریکَّلہَّالالہَّاالاہللا‬،‫وحدہ‬ ٰ
َّ‫برالالہَّاالاہللا‬ ‫‘واہللاَّاک‬
The one who writes this supplication on a piece of paper and places it on the chest of the
deceased under the shroud, he (i.e. the deceased) will not be punished in the grave nor will
Munkar and Nakeer be seen. And that supplication is this:
‫ا‬
َّ‫والحولَّوالقوۃَّاالباہللاالعلی‬ ٰ
َّ‫لہَّالملکَّولہَّالحمدَّالالہَّاالاہللا‬ ٰ
َّ‫الشریکَّلہَّالالہَّاالاہللا‬،‫وحدہ‬ ٰ
َّ‫اکبرالالہَّاالہللا‬ ٰ
َّ‫الَّالہَّاالاہللاَّواہللا‬
‫العظیم‬
He further states, ‘Tirmizi has narrated from Sayyiduna Siddeeq Akbar ُ ‫ىَّالـلّٰـه َُّ َعـ ْن َّه‬ َ ‫ض‬ِ ‫ َر‬that the
Noble Messenger of Allah ‫سلَّم‬ َ َ‫َّو‬ ‫ه‬
ٖ ‫ل‬
ِ ٰ
‫ا‬ ‫َّو‬
َ َ ‫ه‬
ِ ‫ی‬
ْ َ ‫ل‬ ‫ع‬َُّ ‫ه‬ ‫ـ‬ّٰ ‫ل‬ ‫ىَّالـ‬ َّ ‫ل‬ ‫ص‬
َ stated, ‘The one who prays this supplication
after the Salaam in every Salah
َّ‫اللهمَّفاطرالسموتَّواالرضَّعالمَّالغیبَّوَّالشهادۃَّالرحمٰ نَّالرحیمَّانیَّاعهدَّالیکَّفیَّھذہَّالحیاۃَّالدنیابانکَّانتَّاہللاَّالذیَّال‬
َّ‫الہَّاالَّانتَّوحدکَّالشریکَّلکَّوانَّمح امداًَّعبدکَّورسولکَّفالتکلنیَّالیَّنفسیَّفانکَّانَّتکلنیَّالیَّنفسیَّتقربنیَّمنَّالشر‬
‫وتباعدنیَّمنَّالخیرَّوانیَّالَّاثقَّاالَّبرحمتکَّفاجعلَّرحمتکَّلیَّعهداًَّعندکَّتؤدیہَّالیَّیومَّالقیمۃَّانکَّالتخلفَّالمیعاد‬
An Angel will write it, seal it and keep a hold of it until the day of Judgement. When Allah
Almighty will resurrect that person from the grave, the Angel will bring that inscription and a
voice will be called out, ‘where is the one with the ‘Ahd Naamah, he will be given that ‘Ahd
Naamah.’
The Imam narrated this and stated,
‫وعنَّطاؤسَّانہَّامرَّبهذہَّالکلماتَّفکتبتَّفیَّکفنہ‬
An ‘Ahd Naamah was inscribed in the shroud of Imam Taa`us from his will.’
Imam Faqeeh Ibn ‘Ujayl stated in relation to this supplication of the ‘Ahd Naamah,
‫اذاکتبَّھذاَّالدعاءَّوجعلَّمعَّالمیتَّفیَّقبرہَّوقاہَّاہللاَّفتنۃَّالقبرَّوعذابہ‬
When one has written this and placed it alongside the deceased in the grave, Allah Almighty
henceforth grants him safety from the punishment of the grave and the questioning of
Nakirayn. (Fatawa Razawiyyah, vol. 9, pp. 108, 109)
 It is stated in a blessed Hadees of Sahih Bukhari with regards to sacred relics,
َّ‫عنَّأمَّعطیةَّاألنصاریةَّرضيَّہللاَّعنهاَّقالتَّدخلَّعلیناَّرسولَّہللاَّملسو هيلع هللا ىلصَّحینَّتوفیتَّابنتهَّفقالَّاغسلنهاَّثالثاَّأوَّخمساَّأوَّأكثر‬
َّ‫منَّذلكَّإنَّرأیتنَّذلكَّبماءَّوسدرَّواجعلنَّفيَّاآلخرۃَّكافوراَّأوَّشیئاَّمنَّكافورَّفإذاَّفرغتنَّفآذننيَّفلماَّفرغناَّآذناہَّفأعطانا‬
‫حقوہَّفقالَّأشعرنهاَّإیاہ‬
i.e. It is narrated from Sayyidatuna Umm ‘Atiyyah ‫یَّالـلّٰـهَُّ َع ْن َها‬ َ ‫ض‬
ِ ‫ َر‬she states that when we were
giving Ghusl to (i.e. bathing) the blessed daughter of the Noble Prophet ‫سلَّم‬ َ ‫َّو ٰا ِل ٖه‬
َ ‫َّو‬ َ ‫صلَّىَّالـلّٰـه َُّ َعلَ ْی ِه‬ َ ,
the Noble Prophet ‫سلم‬ َّ َ ‫َّو‬ ٰ
َ ‫َّوا ِل ٖه‬ َ ّٰ
َ ‫صلىَّالـلـه َُّ َعل ْی ِه‬ َّ َ blessed us with his presence and stated that, ‘Give
Ghusl to (i.e. bathe) her thrice, or five times, or more, if you deem it appropriate, with water
that is mixed with jujube leaves and then place camphor (or he ‫سلَّم‬ َ ‫َّو‬َ ‫َّو ٰا ِل ٖه‬
َ ‫صلَّىَّالـلّٰـه َُّ َعلَ ْی ِه‬ َ said, ‘some
camphor’) at the end and inform me when you have finished.’ So, when we finished it, we
informed him, so he ‫سلَّم‬ َ ‫َّو‬ َ ‫َّو ٰا ِل ٖه‬
َ ‫صلَّىَّالـلّٰـهَُّ َعلَ ْی ِه‬ َ granted us his blessed lower-garment and said, ‘place
it in her shroud.’ (Bukhari, vol. 1, p. 168)
It is stated in Mirat-ul-Manajih under this blessed Hadees, ‘One comes to know three matters
from this; one is that the hair, nails and the used clothes of pious people are blessed from
which the difficulties of the world, grave and the Hereafter are solved. It is stated in the Holy
Quran that by the blessing of the Qamees (i.e. shirt) of Yusuf ‫َّـالم‬ َ ‫ َعـلَیْـ ِهَّالـس‬, the blessed eyes of
Ya’qoob ‫َّـالم‬ َ ‫ َعـلَیْـ ِهَّالـس‬became clear; it is proven in Hadees that Sayyiduna Ameer Mu’awiyah,
‘Amr Bin ‘Aas and other Blessed Companions ‫عـ ْن ُهم‬ ََّ َُّ ‫ىَّالـلّٰـه‬ َ ‫ض‬ ِ ‫ َر‬kept the blessed nails, hair and
lower-garment of the Noble Prophet ‫سلَّم‬ ‫َّو‬ ‫ه‬
َ َ ِٖ َ ِ ْ َ ‫ل‬ ٰ
‫ا‬ ‫َّو‬‫ه‬ ‫ی‬ َ ‫ل‬ ‫ع‬ َُّ ‫ه‬ ‫ـ‬ّٰ ‫ل‬ ‫ىَّالـ‬ َّ ‫ل‬ ‫ص‬
َ safe to take alongside them to the
grave. The second is that it is permissible, in fact, a Sunnah, to place the scared relics of the
pious predecessors and to write a Quranic verse or a supplication on some cloth or paper and
bury it alongside the deceased in the grave. (Mirat-ul-Manajih, vol. 2, p. 446)
Imam Abu ‘Umar Yusuf Bin ‘Abd-ul-Barr states in Kitab-ul-Isti’aab Fi Ma’rifat-ul-Ashaab that
Sayyiduna Ameer Mu’awiyah ُ ‫ىَّالـلّٰـهَُّ َعـ ْن َّه‬ َ ‫ض‬ ِ ‫ َر‬bequeathed at the time of his passing away,
َّ‫تعالیَّعلیہَّوسلمَّفخرجَّلحاجۃَّفاتبعتہَّباداوۃَّفکسانیَّاحدَّثوبیہَّالذیَّیلیَّجسدہَّفخبأتہَّلهذا‬ ٰ َّ‫انیَّصحبتَّرسولَّاہللاصلیَّاہللا‬
َّ‫َّفخباتہَّلہذاَّالیومَّفاذاَّانامتَّفاجعل‬،‫اظفارہَّوشعرہَّذاتَّیومَّفاخذتہ‬ ٖ ٰ
َّ‫َّواخذرسولَّاہللاَّصلیَّاہللاَّتعالیَّعلیہَّوسلمَّمن‬،‫الیوم‬
‫ذلکَّالقمیصَّدونَّکفنیَّممایلیَّجسدیَّوخذَّذلکَّالشعرَّواالظفارَّفاجعلہَّفیَّفمیَّوعلیَّعینیَّومواضعَّالسجودَّمنی‬
Meaning, I was honoured with the blessed company of the Noble Prophet ‫سلَّم‬ َ ‫َّو‬َ ‫َّو ٰا ِل ٖه‬
َ ‫صلَّىَّالـلّٰـهَُّ َعلََّْی ِه‬
َ .
One day, the Noble Prophet ‫سلَّم‬ ‫َّو‬ ‫ه‬
َ َ ِٖ َ ِ ْ َ‫ل‬‫ا‬ٰ ‫َّو‬ ‫ه‬ ‫ی‬ َ ‫ل‬ ‫ع‬ َُّ ‫ه‬ ‫ـ‬ّٰ ‫ل‬ ‫ىَّالـ‬ َّ ‫ل‬ ‫ص‬ َ went to answer the call of nature and I
followed him with a container of water. The Noble Prophet ‫سلَّم‬ َ ‫َّو ٰا ِل ٖه‬
َ ‫َّو‬ َ ‫صلَّىَّالـلّٰـه َُّ َعلَ ْی ِه‬ َ honoured me
by gifting me a piece of clothing from his clothes which was in contact with his blessed body; I
kept that piece of clothing hidden for today. And one day, the Noble Prophet َّ‫َّو ٰا ِل ٖه‬ َ ‫علَ ْی ِه‬َ َُّ‫صلَّىَّالـلّٰـه‬
َ
‫سلَّم‬
َ ‫ َو‬was trimming his blessed nails and blessed hair; I took them and kept them for this day.
When I pass away, please keep the sacred cloth attached to my body underneath my shroud,
and please place the blessed hair and blessed nails on my face, eyes, forehead and other places
of prostration. (Kitab-ul-Isti’aab Fi Ma’rifat-ul-Ashaab, vol. 3, p. 399)
Ibn-ul-Sakin narrated via the chain of Safwan Bin Habayrah from his father,
ٰ َّ‫تعالیَّعنہَّھذہَّشعرۃَّمنَّشعرَّرسولَّاہللاَّصلیَّاہللا‬
َّ‫تعالیَّعلیہَّوسلم‬ ٰ ‫قالَّقالَّثابتَّالبنانیَّقالَّلیَّانسَّبنَّمالکَّرضیَّاہللا‬
‫َّقالََّّفوضعتهاَّتحتَّلسانہَّفدفنَّوھیَّتحتَّلسانہَّذکرہَّفیَّاالصابۃ‬،‫فضعهاَّتحتَّلسانی‬
Meaning, Saabit Bunaani states that Anas Bin Maalik ُ ‫ىَّالـلّٰـهَُّ َعـ ْن َّه‬ َ ‫ض‬ ِ ‫ َر‬told me, ‘This blessed hair is
of the Noble Prophet ‫سلم‬ َّ َ ‫َّو‬ ٰ
َ ‫َّوا ِل ٖه‬ ّٰ
َ ‫صلىَّالـلـه َُّ َعلَ ْی ِه‬ َّ َ , please place this underneath my tongue.’ Saabit
Bunaani states that I placed the blessed hair underneath his tongue. He was buried in this
manner that the blessed hair was underneath his tongue. This has been mentioned in
Isaabah.’ (Isaabah Fi Tamyeez-ul-Sahabah, vol. 1, p. 72)
2. The method of placing an ‘Ahd Naamah, etc. in the grave is that a place is made in the wall
facing Qiblah in front of the face of the deceased and it is placed there. Although, it is also
permissible to place it on the chest under the shroud. And this should be the method for other
sacred relics as well. Moreover, when one needs to write something on the shroud, then it is
better not to write with ink, rather, that it is written with the index finger.
Sadr-ush-Shari’ah, Badr-ut-Tareeqah Mufti Amjad ‘Ali A’zami ‫ َرحْ ََّمةَُّالـلّٰـ ِهَّ َعلَیْه‬states in Bahar-e-
Shari’at, ‘To keep the Shajarah or ‘Ahd Naamah in the grave is permissible, and it is better to
prepare a niche in the direction of the Qiblah in front of the face of the deceased and have it
kept there. In Durr-e-Mukhtar, it has been mentioned that to write an ‘Ahd Naamah is
permissible and said that there is a hope of forgiveness through it. It is also permissible to
write َّ‫َّحیْم‬ ِ ‫َّالر‬
َّ ‫َِّالرحْ مٰ ِن‬
َّ ‫بِس ِْمَّہللا‬on the chest and forehead of the deceased. A person advised this
before his death, and after he had passed away, ‫ ِبس ِْمَّہللا‬was written on his chest and forehead.
Someone then dreamt of him and asked him about his condition. He said, ‘When I was placed
into (my) grave, the Angels who give punishment entered. When the Angels saw ‫بِس ِْمَّہللا‬written
on my forehead, they said, you have been saved from punishment.’ (Durr-e-Mukhtar, Ghunyah,
from Tatar-Khaaniyah)
It can also be done such that ‫ بِس ِْمَّہللا‬can be written on the forehead, and the blessed Kalimah
Tayyibah,
ََّ ‫ال ا ِٰلہ‬
‫ال‬ ََّّ َ‫ہللاُ ا‬ ُ ‫لہ علیہ ہللا صلَّی ہللا َّر‬
َّ ‫سول ُم َح َّم َُّد‬ ٰ ‫ وسلَّم‬, can be written on the chest. However, this should be
َّٖ ‫وا‬
done after giving Ghusl [bathing - of the deceased] and before putting on the shroud, and
should be written with the index finger and not with ink.’ (Bahar-e-Shari’ah, vol. 1, p. 848)
Question 4
A person has 150grams of gold, out of which 100 grams received as gift and 50grams was
purchase. On which zakaat need to pay 150 or 50?
Answer:
On both due to possession.
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 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, and 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 additional amount were 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.

Annex:
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 tradable goods to
another person. He owes this money and only repays his debt after a year or two. If whatever
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 is still owing him the money for
these items. In addition to this, the amount that he is owing 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
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.
________________________________________-
Question 5
Also if the person do not have cash in hand how he need to pay zakaat.
Answer:
Pay in Gold, Silver or any equivalent which has a value.
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 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
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 6
If someone has a business, please confirm if zakaat need to be pay on stock. If yes what is the
percentage and how calculated
Answer:
Zakah is Fardh (compulsory) upon every sane adult Muslim (male and female) who possesses
net-Zakatable assets (i.e. Zakatable assets over and above one's basic needs minus liabilities) to
the value of Nisab (minimum threshold) for one's Zakatable (lunar) year.
Zakatable Assets
1. Gold and Silver: All forms of gold and silver, jewellery that contain 50% or more gold and
silver content, gold and silver coins (e.g. Kruger coin), gold and silver ornaments, utensils, etc.
Zakah is compulsory on these items whether these are in use or not.
2. Cash: Petty cash, float, cash on hand, cash at the bank, foreign currency, saved income from
rental/property investments, dividends from investments, lump sum payouts, etc.
3. Stock in Trade: Stock, raw materials, redundant stock, assets purchased with the intention of
resale. (The market-rated value of the stock will be considered.)
4. Receivables: Debtors, loans, deposits (municipal, rental), insurance, voluntary
pension/provident funds, retirement annuities, etc.
5. Shares/Unit Trusts/Partnership: The net Zakatable assets of the company/fund/ partnership
will be considered and Zakah is payable pro rata of one's investment/ shareholding. However,
calculating one's Zakah of the listed company share or unit trust maybe cumbersome.
Therefore, one may pay Zakah on the full market value of the investment.
The Zakatable rate for all the above-mentioned assets is 2.5%
6. Livestock: Livestock such as: goats, sheep, cows, bulls and camels for breeding purposes. The
local Ulama should be consulted with regard to what amount of Zakah is due on them.
Livestock for trade purposes is treated as stock in trade.
Non-Zakatable Assets
1. Metals other than gold and silver such as platinum, titanium, etc.
2. Property, Land and Building
3. Household effects, fixtures and fittings
4. Motor vehicles
5. Personal effects (that are not gold/silver)
6. Diamonds, pearls and other precious or semi
precious stones
Note. If any of the above assets are purchased for resale then these shall be regarded as stock
in trade and calculated as Zakatable assets.
Nisab and Rate of Zakah
The minimum amount of Zakatable wealth (threshold) which makes one liable for Zakah is
called Nisab.
The Nisab of gold is 87.48 grams and silver is 612.36 grams. Hence, if a person only owns gold
which is less than 87.48 grams then Zakah is not compulsory since he is below the threshold of
Zakah. Similarly, if a person only owns silver which is less than 612.36 grams then Zakah is not
compulsory.
However, if a person owns any Zakatable asset together with gold or silver then the applicable
Nisab would be the value of 612.36 grams of silver.
The equivalent Rand value of this fluctuates daily. This may be obtained from your local Ulama
body.
Annex:
Debts and Liabilities
The classical juristic texts state that all debts are regarded as deductible liabilities of Zakah.
However, some contemporary jurists differentiate between the types of debts, e.g. debts which
are for commercial expansion or investment purposes and personal debts that are basic, whilst
others do so based on the term of repayments of short term and long term debts.
Scholars are of the view that in long term loans, only the next twelve months installments due
will be considered a liability and deductible.
The Zakatable Year
1. The Zakah year is based on the Hijri (lunar) calendar and not on the Gregorian (solar)
calendar.
2. The very first day a person possesses wealth equivalent to the value of Nisab heralds the
beginning of his/her Zakatable year.
3. Should Nisab enter one's possession and remain with oneself for the entire lunar year, then
one will be liable to pay Zakah, irrespective of the fluctuations during the year provided the net-
value had not reached zero.
Hence, at the year-end Zakah is paid on the entire value of the net Zakatable assets in one's
possession - though some assets may not be literally in one's possession for the entire year
including all assets and amounts acquired during the year.
If at any point during the year, the net-value of Zakatable assets reached zero or a person had
more debts than Zakatable assets, the Zakatable year will change. The new Zakah year
commences upon regaining the equivalent of Nisab.
Decrease in Wealth
If Zakatable assets are destroyed (without one's own doing), Zakah will only be paid on the
remainder if a person's wealth gets destroyed after the year-end. However, if one destroyed
the wealth deliberately or used up the wealth, Zakah will be payable in full.
Discharging of Zakah
1. It is necessary for the validity of discharging Zakah to have the intention of discharging Zakah.
2. This can be done in several ways: - intention is made when handing over Zakah to the
recipient - or intention is made at the time of separating and setting aside money for
discharging Zakat, - or the intention can be made after giving the wealth away, whilst the Zakat
is still in the possession of the recipient, not after that.
3. The condition for the validity of the discharge of Zakah is “Tamleek” – where ownership and
possession of the wealth is transferred to the deserving recipient. Hence, Zakah cannot be
given or used for the construction of a Masjid, Islamic institute, etc. nor can Zakah funds be
used to prepare meals for the poor without giving them unconditional possession over the
food.
4. Zakah can be paid in cash or kind. Hence, one can discharge goods and consumable items as
Zakah.
5. Authority can be delegated to another person or an organisation to distribute Zakah on one's
behalf. However, if this representative does not distribute the Zakah, or distributes it
incorrectly then one's Zakah will not be discharged, and will still remain an obligation until it is
fulfilled.
6. Zakah may be discharged gratuitously by another person provided this is done with the
consent of the one who is obligated to do so. Hence, if the husband wants to discharge the
Zakah of the wife gratuitously then he may do so with her consent.
Similarly another person may be requested to pay certain amount as Zakah on one's behalf. If
this is undertaken then the amount given will then be a debt upon one and will have to be
repaid.
7. Zakah can be paid in advance. One must, however, calculate Zakah at the end of the Zakah
year to determine whether there was any shortfall or not, and if so make good the outstanding
amount.

Question 7
Zakaat should be given in terms of money or commodities?
Answer:
The basic principle is that zakaah must given in the form of the wealth on which zakaah is being
paid, so zakaah on cash must be given in cash, and zakaah on an’aam animals must be given in
animals, and zakaah on crops must be given in crops, except zakaah on trade goods which may
be given from the value of the goods or from the trade goods themselves.
The scholars differed as to whether it is permissible to pay zakaah in a form of wealth other
than that on which zakaah is being paid, which is known to the scholars as paying the value of
zakaah.
If the poor person is foolish and does not handle money well, then some scholars have stated
that it is permissible to give him zakaah in the form of specific goods rather than cash, based on
what is in the best interests of the poor person and so as to meet his needs.
As for paying the value of zakaah, expiation and so on, the well known view of Maalik and al-
Shaafa’i is that it is not permissible, but according to Abu Haneefah it is permissible. Ahmad
(may Allaah have mercy on him) disallowed giving the value in some cases and permitted it in
others. The most correct view concerning this is that paying the value when there is no need to
do so and when no interests are served thereby is not allowed. …
As for paying the value when there is a need to do so, or when there is an interest to be served
or it is just to do so, there is nothing wrong with that, such as if a man sells the fruits of his
garden or his crops for cash, then pays one tenth of the cash, that will be acceptable and he
does not have to go to the trouble of buying fruits or wheat if he has given the poor the
equivalent value. Ahmad stated that this is permissible. Or if those who are entitled to zakaah
ask him to give them the equivalent value because that is more useful to them, then he may
give it to them.
It is also permissible to give instead of cash goods such as fabric, food and so on, if it seems that
this will serve the interests of those who are entitled to zakaah, based on the equivalent value,
such as if the poor person is insane or lacking in reason or foolish or immature, and there is the
fear that he would squander the money and it is better to give him food or clothing of
equivalent value rather than zakaah in the form of cash. All of this is mentioned in the more
correct scholarly opinion.

Question 8
Zakaat should be given to an institution or poor people
Answer:
Indeed, [prescribed] charitable offerings are only [to be given] to the poor and the indigent, and
to those who work on [administering] it, and to those whose hearts are to be reconciled, and to
[free] those in bondage, and to the debt-ridden, and for the cause of God, and to the wayfarer.
[This is] an obligation from God. And God is all-knowing, all-wise. - Al-Tawbah, 9:60
The Quran specifies how zakat is to be distributed precisely, but grants Muslims flexibility in its
payment. This guarantees the right of the needful while accommodating changes in how wealth
is stored, how money is best distributed, and how different cultures change over time. The
Quran also makes it possible for Muslims to pay their zakat to trusted institutions that
distribute it to those who belong to one or more of the zakat-worthy categories.
It is noteworthy that God Himself identified for zakat payers and administrators the eight
categories for zakat disbursement. This determination is not up to the government, scholars, or
even the Prophet himself. It is reported that a man once came to the Prophet and asked him
zakat.
The Prophet said: Allah permitted not even a prophet to adjudge zakat[-worthiness]. Rather, He
Himself ruled on it and permitted it in eight cases. Therefore, if you belong to any of these, I
shall most surely give you your right. - Abû Dâ’ûd
So, where can your zakat go?
 The poor (al-fuqarâ’), meaning low-income or indigent.
 The needy (al-masâkîn), meaning someone who is in difficulty.
 Zakat administrators.
 Those whose hearts are to be reconciled, meaning new Muslims and friends of the
Muslim community.
 Those in bondage (slaves and captives).
 The debt-ridden.
 In the cause of God.
 The wayfarer, meaning those who are stranded or traveling with few resources.
While zakat is not the only form of charity in Islam, it is so important that it was made the Third
Pillar. Through zakat the prosperous can uplift the poor, help those who are troubled and
comfort those who are in hardship. The law of zakat establishes the rights of the poor to
support and help, and releases those who are held captive as slaves or as debtors. Zakat has the
power to change the world. But it starts with you paying it.
According to the Shariah, zakat cannot be given to an Islamic Educational Institute as a receiver,
because that does not constitute transferring ownership to a legally-poor person, which is a
condition for the validity of one’s zakat payment.
However, there are some institutes which accept zakat donations and act as an agent on
behalf of the payer or the poor student. They hand it over into the possession of the poor
student after which the student pays the amount as his tuition or fees back to the Islamic
Institution.
Now they are able to use it as they feel necessary.
Question 9
Can I know if I have to compute from zakaat eg 1000rs in a pension scheme from the last
15yrs I have been contributing?
Answer:
Zakaat will be payable on the pension money AFTER it comes into your possession and not
while it is still in the scheme. If you were paying Zakaat previously (on other assets in your
possession), you will add the money received from the pension fund to your other assets and
pay Zakaat on the whole amount on the date Zakaat is due.
If you were not paying Zakaat before this because Zakaat was not Fardh on you, then you will
only pay Zakaat on the pension fund after it has been in your possession for 12 Islamic months.
Question 10
What about shares invested in a company, should I calculate dividend or actual value of the
shares?
Answer:
It is oblgiatory to pay Zakat on shares. However, there is some detail to this based on whether
the share was purchased for (a) capital gain or (b) to receive a dividend.
If the share was purchased for the purpose of capital gain, meaning one bought it with the
primary intention of selling it, then Zakat will be due on the market value of the share at the
time one is paying Zakat.
Example: An individual purchased a share for $10 with the primary intention of selling it in the
future. This is now considered a trade good and therefore Zakat will be due on it. On the day
Zakat is due, the value of the share is $20. Zakat will now be due on $20, not $10.
If the share was purchased in order to recieve a dividend, then one pays Zakat on one’s share in
accordance with the percentage of Zakatable-assets within the company.
Example: An individual purchased a share for $100 with the intention of recieving a dividend.
The company he has invested in has ten percent gold assets, twenty percent cash, and twenty
percent manufactured goods. The remaining fifty percent are non-Zakatable assets, such as
cars, furniture, land, and so forth. Here, the individual only has to pay Zakat on fifty percent of
the share, which here would be $50.
To begin with, it should always be remembered that paying Zakat on stock and merchandise is
obligatory (wajib). The jurists (fuqaha) have categorically stipulated the obligation of paying
Zakat on merchandise, and there is a consensus on this position amongst the scholars of the Ahl
al-Sunnah wa al-Jama’ah.
Sayyiduna Samura ibn Jundub (Allah be pleased with him) narrates that, “the Messenger of
Allah (Allah bless him and give him peace) used to command us to pay Zakat on those items
that were for sale.” (Sunan Abu Dawud, no: 1557)
Thus, based on this, if one has shares in a particular company, paying Zakat on those shares will
be obligatory. In the case of shares being purchased with the intention of capital gain, Zakat will
be obligatory on the face/market value of the shares.
For example, I purchased some shares at the rate of 5 Dollars with the intention of selling them
when their value increases. Now, at the time of paying Zakat, the value of the share became 10
Dollars, thus Zakat will be obligatory on the current value which is 10 Dollars and not 5 Dollars.
The reason is that the share itself has become an article of trade, for it was purchased with the
intention of re-sale, and Zakat is obligatory on the current market value of goods and
merchandise.
However, if shares were purchased with the intention of receiving the annual dividend, then
one is allowed to subtract the value of those items which are exempted from Zakat, i.e.
machinery, land, furniture, cars, etc... This information (on the percentage of non-Zakat-able
assets) can be obtained from the company’s annual report.
This will be clearer with an example. Suppose I purchased some shares of a particular firm
worth 100 Dollars. Now, 10% of the company’s assets are in the form of raw material, 10% in
the form of cash, 10% are produced goods and 10% of the assets are goods which are under
process of being manufactured, totalling 40%. On the other hand, machinery, land, furniture,
and cars (for use and not sale) total 60%. In this case, Zakat will be obligatory on only 40% of
the shares, i.e. 40 Dollars.
The reason being that the share in this case does not become an article of trade in of itself;
rather one has purchased the share with the intention of receiving a share of the company’s
annual profits. Hence, one is considered having ownership in the company’s assets to the value
of his share. Thus, it will be permitted not to pay Zakat on those items that are exempt from
Zakat, such as machinery, furniture, and building.
If one is unable to obtain the details from the company, then one should pay Zakat on the
current market value of the whole share.
In light of the above, it becomes clear that Zakat is payable on all types of shares. If non-listed
shares mean those that are purchased with the intention of gaining the annual dividend, then
Zakat will have to be paid in the manner outlined above.
Question 11
When ziyarat are done in qabarastaan for the deceased relatives, it is understood that they
are aware and are happy. It’s a bit confused for me. How come the r happy? They are in
barzak? Even they are aware what's going on?
Answer:
Death is not the final and total annihilation of man nor is it the end of his existence that was
created by God. It is one of the most difficult phases in man’s total existence as it is the time
when the soul departs the body to live in another realm. Accordingly, we may understand
death as the actualization of the soul leaving the body.
Al-Ghazzali said, “The soul leaving the body means that it no longer governs the body as the
body is no longer under the soul’s control.”

Abu Huraira narrated that the Prophet (peace and blessings be upon him) said, “None of you
passes by the grave of a fellow believer that he knew in this life and sends salutations to him
except that the deceased recognizes him and responds to his salutation.”
After mentioning this hadith al-Manawi adds, “Al-Hafidh al-Iraqi said, ‘Intellection and
responding to a salutation are the consequence of life and the return of the soul to the body;
there is no objection to the soul being able to partially return to the body.
Some of the great scholars have said that the soul’s attachment to the body is the same as
intoxicating and perpetual love in that, if the soul leaves the body, love does not immediately
leave so the soul remains attached to the body. It is for this reason that it is impermissible to
desecrate bones and trample on graves.’”

It has also been rigorously authenticated that the Prophet (peace and blessings be upon him)
ordered the bodies of the idolaters slain in the Battle of Badr to be buried. He then approached
them and called them one by one and said, “Have you found what your Lord promised to be
true for we have found what our Lord promised us to be true.”
‘Umar asked him, “O messenger of God! Why do you speak to lifeless bodies?” The Prophet
(peace and blessings be upon him) replied, “By the One Who has sent me with the truth! You
do not hear my words better than they do except that they cannot respond.”

These text proofs demonstrate that the dead are aware of those who visit them and are
pleased with these visits. It is for this reason that the Prophet (peace and blessings be upon
him) ordered us to send greeting to them. He taught the Companions to say upon passing by a
graveyard, “Peace be upon you O inhabitants of the graves, believers and those who have
submitted to God (Muslims). May God have mercy on those who passed away first and those
who will pass away later, and we will, by the will of God, join you.”

Imam al-Nawawi said, “It is good if the one who visits a deceased person in his grave to draw
near to it and keep the same distance between them that he would have kept while visiting him
had he been alive.”
Ibn ‘Abd al-Barr narrated that the Prophet (peace and blessings be upon him) said, “None of
you passes by the grave of a fellow believer that he knew in this life and sends salutations to
him except that the deceased recognizes him and responds to his salutation.”

It was also reported that the Prophet (peace and blessings be upon him) said, “Invoke greetings
and blessings upon me in abundance on Fridays and on the eve of Fridays as they are conveyed
to me.” The Companions said, ‘O Messenger of God! How can our prayers and greetings be sent
to you and you will have passed away?” He said, “God has forbidden the earth to consume the
bodies of prophets.”

The Prophet (peace and blessings be upon him) said, “God has assigned an angel to stand by my
grave and convey to me my community’s prayers and greetings to me.”

These and similar texts clearly indicate that the deceased hear the living though this does not
have to be continual. Rather, it can be during certain conditions as is the case with the living
who can hear the speech directed to them at some times but not at others. The hearing of the
deceased is through perception".
“The Messenger of God (peace and blessings be upon him) enjoined upon his community that,
if they send greetings to the inhabitants of the graves, they should do so in a way similar to the
greetings of the living by saying, ‘Peace be upon you O inhabitants of the believers.’ This speech
is directed to those who hear and perceive. Otherwise, it would be tantamount to speaking to
inanimate objects. The pious ancestors are in agreement over this and the texts narrated from
them on the dead hearing the living and are pleased with their visits have reached the level of
tawatur (multiple contiguous channels of transmission leading back to the Prophet).”

As is clear from the above, the deceased can hear the living and are pleased by the actions of
those who visit them. It should likewise be clear that death is not the cessation of existence
since the soul remains attached to the body after death. We ask God to please the dead who
have rights over us by our visits to them. May the peace of God be upon them and God is most
High and all Knowledgeable.
Question 12
I have heard also like the deceased person can make dua for any person doing a good action
on his name. Please cleared it out if it’s this is allowed.
Answer:
It is legislated for you to make du’ā for the deceased Muslims, invoke Allah to have mercy upon
them and to forgive them, and give charity on their behalf if you wish – this will benefit them
immensely. As for visiting the grave, then that is legislated for men and
for women (occasionally). In an authentic hadeeth, the Prophet (salallāhu ‘alaihi wasallam)
said: “I used to forbid you from visiting the graves ―but visit them, for indeed they will remind
you of the Hereafter.” (Muslim 977 and Ahmad in his Musnad, 5/355, no. 23055)
As for whether the deceased is aware of the events taking place among his family members,
then there is a hadeeth that mentions that the deeds of the living are presented to their close
deceased relatives. The hadeeth is from Anas bin Mālik (radiyallāhu ‘anhu) where he narrated
from Allah’s Messenger (salallāhu ‘alaihi wasallam):
ََّّ ِ‫ض أعمالَكم إ‬
‫ن‬ َُّ ‫أقاربِ ُك َّْم علَى ت ْع َر‬
ِ ‫من وعشائِ ِر ُك َّْم‬
ََّ ‫ت‬ َّْ ِ ‫ن است ْبش َُروا خی ًْرا كان فإ‬
َِّ ‫ن األموا‬ َّْ ِ‫غیر كان وإ‬ ََّ ‫حتى ت ُ ِمتْ ُهم ال اللهم قالُوا ذ ِل‬
ََّ ‫ك‬
‫ھ َد ْیتَن كما تَ ْه ِد َی ُه َّْم‬
“Your deeds are presented to your close relatives and kin from those who have passed away – if
the deeds are good, they are delighted by them but if they not, they say: ‘O Allah do not cause
them to die until you have guided them just as you had guided us.'” (Reported by Ahmad 3/64–
165)
Some people say that they see their deceased family members in their dreams and they inform
them of things that are going to happen. However, dreams cannot be trusted and cannot be
relied upon in matters related to the Unseen. What is upon the believer is that he shows
concern for his deceased relatives and does good for them whether they are aware of that or
not. Make du’ā for them, invoke Allah’s mercy and forgiveness for them, and give charity on
their behalf. If you see in a dream an encouragement to give Sadaqah, or visit a relative, etc.,
then that is in line with what Allah has commanded, so fulfilling that is praiseworthy and
rewardable.
It is narrated from Abu Hurayrah (radiyallāhu ‘anhu) that he said: “A deceased person will be
raised in rank after his death.” So, he will ask Allah: “How has this happened my Lord?” It will be
said to him: “Your son sought forgiveness for you.” (Al-Adab al-Mufrad of Al-Bukhāri, no. 36,
hasan).
So children should be constant in seeking forgiveness for their parents. And Ibn Seereen
(rahimahullāh) said: We were with Abu Hurayrah (radiyallāhu ‘anhu) one night and he
supplicated: “O Allah forgives Abu Hurayrah and his mother and whoever seeks forgiveness for
them.” Ibn Seereen said: “So we seek forgiveness for them both so that we may be included in
the supplication of Abu Hurairah.” (Al-Adab al-Mufrad, no. 37, saheeh)
And Allah’s Messenger (salallāhu ‘alaihi wasallam) said: “When a person dies, all of his deeds
are cut off except for three: a continuous charity (sadaqah jāriyah), knowledge [he left behind]
that is benefitted from or a righteous child who supplicates for him.” (Al-Adab al-Mufrad, no.
38, saheeh)
Allah’s Messenger (salallāhu ‘alaihi wasallam) also said:
َّ‫ُن للعب َِّد یجري سبع‬ََّّ ‫أجرھ‬
ُ ‫ھو‬ ََّ ‫قبرَِّہ في َو‬ ِ ‫كرى أو عل ًما علَّ ََّم من موتِ َِّه بع ََّد‬
َ ‫حفر أو نَ َه ًرا‬
ََّ ‫بئرا‬
ً ‫غرس أو‬
ََّ َّ ً ‫ث أو مسجدًا بنَى أو‬
‫نخال‬ ََّ ‫ور‬
َّ
‫ك أو ُمصحفًا‬
ََّ ‫تر‬َ ‫ًا‬
‫د‬ ‫ول‬ َّ
‫یستغفر‬
ُ ُ َّ
‫ه‬ َ ‫ل‬ َّ
‫د‬
َ ‫بع‬ َّ
‫ه‬ِ ‫ت‬
ِ ‫مو‬
“There are seven things that continue to benefit a servant while he is in his grave after his
death: the one who taught knowledge, the one who dug out a canal [to allow water to reach
the people], the one who dug a well, the one who planted a date palm tree, the one who built a
masjid, the one who left the Mushaf as an inheritance [for it to be read by others] and the one
who left behind a child who supplicates for him after his death.” (Al-Bazzār: Kashful-Astār 149,
no 7289, Al-Bayhaqi in Shu’ab al-Imān 3/1276, no. 3449, see Saheeh Al-Jāmi’ 3602)
As for the hadeeth where it is ascribed to the Prophet (salallāhu ‘alaihi wasallam) that he
said: “There is not a servant who visits the grave of a man whom he used to know in the world
and then he gives him salām except that he will recognise him and return the salām.”
In another wording reported by Ibn Abi Dunya, a similar narration is reported that is ascribed
to Abu Hurayrah (radiyallāhu ‘anhu). This narration has a disconnected chain of narration
(munqati’) and additionally, it is weak due to Muhammad bin Qudāmah al-Jawhari.
So, what is correct and legislated in the Shariah is to visit the grave of the deceased and make
du’ā for him (or her) as the Messenger (salallāhu ‘alaihi wasallam) said: “Visit the graves for
they will remind you of the Hereafter.” This visitation benefits the living and reminds them of
the fact that they will die, so they can prepare themselves to meet their Lord – and it benefits
the deceased because those who visit the graves make du’ā for them.
When visiting the grave, the Muslim conveys his salām to the dead, supplicates to Allah seeking
forgiveness and mercy for them, and then he leaves the graveyard. It is not allowed to wipe the
graves (seeking nearness or blessings), nor to establish the Salāh in the graveyards or to make
i’tikāf (seclusion for hours and days), nor is it allowed to ask the dead for help or ask them to
intercede with Allah on behalf of the living (shafā’ah or waseelah) – and we do not believe that
supernatural events occur at graves. Rather, we should supplicate for the Muslims who are
buried there:
‫ارحمهم اللهم لهم اغفر اللهم‬
“O Allah, forgive them. O Allah, have mercy on them.” The Prophet (salallāhu ‘alaihi wasallam)
taught his Companions to say (when visiting the graves):
‫ل َعلَـ ْی ُك َّْم السَّال َُّم‬ ََّ ‫ِیار أَ ْھ‬
َِّ ‫ن ال اد‬ ََّ ‫َو ْال ُم ْس ِلمین المؤْ ِم‬
ََّ ‫نیـن ِم‬
‫ن ََّوإِناا‬ َّْ ِ‫ہللاُ شا ََّء إ‬ ُ
َّ ‫الحقـون بِكـ َّْم‬ ِ
َُّ َ ‫ہللا نَسْـا‬
‫ل‬ ََّ ‫العـافِیَة َولَ ُكـ َّْم لنـا‬
Assalāmu `alaykum ahlad-diyāri minal-mu’minīna wa ‘l-muslimīn, wa innā in shā’ Allāhu bikum
lāḥiqūn nas’alullāha lanā wa lakumul-`āfiyah.
“Peace be upon you O people of this abode, O believers and Muslims. We will be joining you
soon if Allah wills. We ask Allah for wellbeing for us and for you.” (Muslim, Ibn Mājah, 115, see
Mishkāt al-Masābīh, 1764)
In a narration:
‫ل َعلَى الس ََّال َُّم‬ َِّ ‫ار أَ ْھ‬ َِّ َ‫ن ال ِ ادی‬
ََّ ‫ین ِم‬ ََّ ‫ین ْال ُمؤْ ِم ِن‬
ََّ ‫ّللا َویَ ْر َح َُّم َو ْال َُّم ْس ِل ِم‬ ََّ ‫ین ِمنَّا ْال ُم ْست َ ْقد ِِم‬
ََُّّ ‫ین‬ ََّ ‫ن َوإِنَّا َو ْال ُم ْست َأ ْ ِخ ِر‬
َّْ ِ‫ّللاُ شَا ََّء إ‬ََّّ ‫لالحقون بِ ُك َّْم‬
“Peace be upon the inhabitants of this abode (graveyard), the believers and Muslims – may
Allah have mercy on those of us who go before and those who go later. And if Allah wills, we
will be joining you.” (Muslim, see Mishkāt al-Masābīh, 1767)
So this is the way to benefit the deceased, this is what is reported and legislated. Seek for them
well-being, mercy and forgiveness from Allah, give Sadaqah (charity) on their behalf, even if
they are not related – for a close friend, or the parent of a friend or the son of a loved one –
donate on their behalf for a masjid, for the printing of beneficial books [upon the Sunnah] and
for leaflets to be given out, or to feed the poor, to build a Quran school, or set up an
endowment that is ongoing and so on.
As for reciting the Quran over the deceased, or for the deceased to pass the reward to them,
then there is no basis for this practice in the Sharī’ah. The recitation of the Quran is so that the
living can benefit from it and ponder over its words and meanings. As for reciting over the
deceased or at his graveside after his death, or people reciting the Quran (or making dhikr) in
their homes for him, then there is no basis to this in the Book or Sunnah. The affairs pertaining
to what benefits the deceased are based upon proofs, and cannot be invented in the minds of
people according to their desires, feelings or what they “feel is best”. The Prophet (salallāhu
‘alaihi wasallam) said:
‫الً عمل من‬ َّ ‫رد فهو أمرنا علیه لیس عم‬
“Whoever does a deed that is not upon our affair (i.e. the Religion), then it is
rejected.” (Muslim, 1718)
Nothing can be done in this affair except that which can be proven textually because all acts of
worship are based upon evidence. Nothing can be done for the deceased other than giving
charity on their behalf, du’ā to Allah to forgive them and have mercy on them, performing Hajj
and ‘Umrah on their behalf and paying off their debts. These things will benefit them and they
are proven by the authentic narrations.
Allah, the Most High, said:
ََّ ‫ون بَ ْع ِد ِھ َّْم ِمنَّ َجآ ُءو َوٱلَّذ‬
‫ِین‬ ََّ ُ‫ِین َو ِ ِإل ْخ ٰ َونِنَا لَنَا ٱ ْغ ِف َّْر َربَّنَا یَقُول‬ ََّ ‫سبَقُونَا ٱلَّذ‬ َ ‫ن‬ ِ ْ ِ‫ال ب‬
َِّ ‫ٱإلی َم ٰـ‬ ََّ ‫ل َو‬َّْ َ‫ال قُلُوبِنَا فِى تَجْ ع‬ ََّ ‫ك َربَّنَآ َءا َمنُواَّ ِلالَّذ‬
َّ ّ ۭ ‫ِین ِغ‬ ََّ َّ‫ِإن‬
َّۭ ‫َّر ِحیمَّ َر ُء‬
‫وف‬
“And those who came after them say: “Our Lord! Forgive us and our brethren who have
preceded us in Faith, and put not in our hearts any hatred against those who have believed. Our
Lord! You are indeed full of kindness, Most Merciful.” (Al-Hashr: 10)
This supplication of the later ones for those who came before them benefits them, and likewise
charity. A man came to the Messenger (salallāhu ‘alaihi wasallam) and said: “Allah’s Messenger,
my mother died all of a sudden without making a will. I think if she could have the opportunity
to speak she would have given some Sadaqah. Would there be any reward for her if I give
charity on her behalf?” He replied: “Yes.” (Muslim, 1004)
And in a narration, it is reported that ‘Umar (radiyallāhu ‘anhu) acquired land at Khaibar (next
to Madinah). He came to Allah’s Messenger (salallāhu ‘alaihi wasallam) and sought his advice
concerning it. He said: “Allah’s Messenger, I have acquired land in Khaibar. I have never
acquired property more valuable to me than this, so what do you command me to do with
it?” Thereupon Allah’s Messenger (salallāhu ‘alaihi wasallam) said: “If you like, you may keep
the corpus of the land intact and give its produce in charity.” So ‘Umar (radiyallāhu ‘anhu) gave
it as Sadaqah declaring that the property must not be sold or inherited or given away as a gift.
And ‘Umar devoted its produce to the poor, to the nearest of kin, for the freeing of slaves, in
the cause of Allah and for wayfarers. He said that there is no sin for one who administers it if he
eats something from it in a reasonable manner, or if he feeds his friends and without storing
the wealth with a view to becoming rich. (Muslim, Chapter of Endowments (Waqf), no. 1632)
So the Prophet (salallāhu ‘alaihi wasallam) opened the door for sadaqah for the deceased that
would benefit him, likewise to perform Hajj or ‘Umrah on his behalf, and there are hadeeths
that show its allowance – also, paying off his debt. As for reciting the Quran, or making dhikr on
their behalf and gifting that to them or passing the reward to them, or to pray the Salāh on
their behalf, or to fast on their behalf with voluntary fasts, then these acts have no basis to
them and are not supported by any authentic proofs.
Allah his Messenger(S) knows best.
Asee-o-Faqir
Servant of Islam,
Muhammad Abdul Qadir Peeraye.