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Archive for the ‘Questions and Answers’ Category

Q: 

  1. Is there any Quranic Verse or Narration that directly prohibits women from cutting their hair in a manner which does not resemble the non-believers or men?
  2. On what basis are women prohibited from cutting their hair in a manner that does not resemble the non-believers or men?

A: In matters of Deen we are commanded to follow the Fuqaha. The Fuqaha are those experts in Deen who after carrying out an extensive and comprehensive study of the Quraan, the Mubarak Ahaadith of Rasulullah (Sallallahu Alaihi Wasallam) and the verdicts of the Sahaabah (with all the related sciences that are required to understand Deen), deduce the masaail of Deen and explain to the Ummah the parameters of Shariah. Hence it would be a futile exercise for the person who is not knowledgeable and completely conversant with all the above-mentioned sciences of Deen, to try and oppose their verdicts. The Fuqaha have explained in the light of Shariah that it is impermissible for a woman to cut or trim her hair. Hence, If a woman cuts her hair, she will be sinful in the court of Allah Ta’ala.

وفيه قطعت شعر رأسها أثمت ولعنت  زاد في البزازية وإن بإذن الزوج لا طاعة لمخلوق في معصية الخالق ولذا يحرم على الرجل قطع لحيته والمعنى المؤثر التشبه بالرجال اه (الدر المختار 6/407)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

 

 

 

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Q. A man issued  three Talaaqs to his wife during her state of haidh. He is still living with her claiming that the Talaaqs are not valid  due to her haidh. Is he correct?

A. Despite it not being permissible to issue Talaaq during the state of haidh, the Talaaq is valid. Since he had issued three Talaaqs, the issue of reconciliation  does not develop. They can no longer reconcile. The marriage has finally and irrevocable ended.

majlis ulema -south africa

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Q. My husband promised to accept Islam after our marriage. A short while after the marriage, he accepted Islam. However, soon thereafter he  began attending church and  said that he was not a Muslim. What is the state of our marriage?

A.  There never was a valid marriage. You never were his wife according to the Shariah. If he had had not accepted Islam before the marriage, then the Nikah was not valid. In that case you were living in adultery with him.  He is  not your husband. It is  absolutely necessary that you move out of his house. You have to separate yourself from him. Ill-luck and misfortune will overhang you as long as you are living with the kaafir man.

majlis ulema – south africa

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Q. A Maulana says that as long as the water reaches the roots of the hair of a female, her ghusl will be valid. It is not necessary for  all her hair to be moistened. Moistening the roots suffices.

A. The Maulana Sahib has erred. Every hair has to be compulsorily moistened during ghusl. If any hair remains unwashed, the ghusl will not be valid.

majlis ulema -south africa

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Q. An Imaam of a Musjid says that Nikahs should not be performed inside the Musjid. Nikahs should be performed in the courtyard or in the section where Janaazah Salaat is performed. He says that because of the sanctity of the Musjid , Nikahs should not be performed inside. Is this correct?

A. The best place for a Nikah is the Musjid. Performing Nikah in the Musjid is not negatory of the sanctity of the Musjid. Nikahs are always performed inside the Musjid.

majlis ulema – south africa

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Q. Is it permissible for a man to perform Jamaat Salaat at home with his wife and daughters?

A. The Jamaat is valid. However, if there is a nearby Musjid, then it will not be permissible for a man to perform his Fardh Salaat at home without valid reason.

Q. Is it permissible for the wife and children to perform Salaat behind the husband/father who sits on a chair to perform Salaat due to a disability?

A. The Salaat of Hanafi muqtadis is not valid behind the Imaam who sits in a chair. For Shaafis this is permissible.

majlis ulema- south africa

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Q.   A husband said to his wife: “If you ever speak about this subject, it will mean you are divorced.” After some time, the husband wants to retract his statement and allow her to speak on the subject. Will this be permissible? What should he say to retract?

A.   A retraction will not be valid. If the wife speaks on the subject, one Talaaq Raj’i will come into effect. Before expiry of her iddat, the husband may reconcile with her without the need to renew the Nikah. However, one Talaaq will always remain. If at any time in future he issues two Talaaqs, then together with this one Talaaq, it will be three which finally and irrevocably terminates the marriage.

majlis ulema- south africa

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Question: My husband gave me three Talaaqs, but now denies it although I am absolutely certain about this. He went to a Mufti who said that if I do not have witnesses, then the Nikah is still valid, and the word of the husband  will be taken. Now what must I do when I know  for a certainty that my husband gave me three Talaaqs. He has no Deeni scruples, therefore he denies the Talaaqs. He does not care if he will be living in the state of adultery. What should I do?

ANSWER:  The issue for you is quite simple. You do what the Shariah tells you to do, not what the errant mufti advised the man who is no longer your husband. The Mufti is not a Qaadhi. The issue of witnesses is therefore superfluous. According to the Shariah, in Talaaq issues of this nature, the word of the wife is final. The principle underlying this is: The woman is like a Qaadhi. That is, in so far as she herself is concerned, she should decree that the three Talaaqs have been issued and separate herself and  sit in Iddat, regardless of the tantrums of the man (the ex-husband).

Regardless of what any Mufti rules, the  woman should remember that it is her Shar’i right , in fact obligation, to make the decision when the husband denies having issued Talaaq and she is absolutely certain that he did give Talaaq. She should reject his  false claim and  understand that he is a liar lacking in fear for Allah Ta’ala, hence his satanic denial.

No amount of fatwas can negate this right which wives have, and no Mufti has the power, either coercive or moral and spiritual to compel her to remain with a man who has given her three Talaaqs or even one Talaaq Baa-in which terminates the Nikah.

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dear hazrat

below is an old article, but it is correct.

the govt of Pakistan puts a hadith on the back of all currency notes. when they make packages of balloons they sometime include a “toy” currency note for the kids. this also has the hadith in urdu. question arises on how the notes should be handled according to adab. should women on menses handle this notes? what about putting them on the floor, and what about kids playing with the fake notes and throwing them on the floor etc.?

from the deen dar land of pakistan. we put hadith on the notes then use the notes to take and give bribes

Tuesday, September 30, 2008

Legal notice demands SBP chief recall new notes

LAHORE: A senior lawyer has sent a legal notice to State Bank of Pakistan (SBP) Governor Shamshad Akhter, demanding that she withdraw all new currency notes from the country within 30 days.

The lawyer, Tariq Aziz, said that the new currency notes of all denominations did not carry the Hadith, which underlined the importance of earning money honestly. He said earlier all the notes carried the Hadith ‘rizq-i-helal ain ibadat hai’ (making an honest living is a form of prayer).

The lawyer said the SBP had withdrawn this important message without reasons or rhyme — an act that was unlawful and illegal. He said that he would have the right to initiate legal proceedings if the bank did not withdraw the notes that were void of the message. staff report

Answer:

Women in menses may handle any Deeni book. They are not allowed to recite the Qur’aan nor to touch any Qur’aanic verse. It is permissible for a woman in menses to handle a currency note whether the Hadith printed on it is in Urdu or Arabic.

Money is a ni’mat of Allah Ta’ala. People are required to respect it when they handle it. In fact, it is so dear and beloved to people that they even kill one another to possess the money. Children should be taught the adab of handling the notes in the same way as they are taught to respect the kutub of the Deen.

majis ulema – south africa

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Q:

At what age is one deemed baalig? From what age does Salaat and fasting become compulsory?

 

A: If one experiences a wet dream, one will be considered baaligh in Shariah.If one does not experience a wet dream, then when one reaches fifteen years of age Islamically (i.e according to the Hijri calender), one will be regarded as baaligh in Shariah. Salaah and fasting becomes compulsory on a person from the time one becomes baaligh.

( بلوغ الغلام بالاحتلام والإحبال والإنزال ) والأصل هو الإنزال ( والجارية بالاحتلام والحيض والحبل ) ولم يذكر الإنزال صريحا لأنه قلما يعلم منها ( فإن لم يوجد فيهما ) شيء ( فحتى يتم لكل منهما خمس عشرة سنة به يفتى )

قال الشامي في رد المحتار : قوله ( بالاحتلام ) قال في المعدن الاحتلام جعل اسما لما يراه النائم من الجماع فيحدث معه إنزال المني غالبا فغلب لفظ الاحتلام في هذا دون غيره من أنواع المنام لكثرة الاستعمال اه ط

قوله ( والأصل هو الإنزال ) فإن الاحتلام لا يعتبر إلا معه والإحبال لا يتأتى إلا به

قوله ( والجارية ) هي أنثى الغلام

قوله ( صريحا ) قيد به لأنه مذكور ضمنا في الاحتلام والحبل فإن لم يوجد فيهما أي في الغلام والجارية شيء مما ذكر الخ مفاده أنه لا اعتبار لنبات العانة خلافا للشافعي ورواية عن أبي يوسف ولا اللحية وأما نهود الثدي فذكر الحموي أنه لا يحكم به في ظاهر الرواية وكذا ثقل الصوت كما في شرح النظم الهاملي أبو السعود وكذا شعر الساق والإبط والشارب (رد المحتار 6/153)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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