Fatawa

If you have any questions, please email us on fatawa@bilalacademy.org

 

 

 

 

26th January 2007

Q:

My wife asks, will foundation, lipstick, facepowder or any such makeup prevent wudhu from being complete.

A:

if the cosmetics ie lipstick foundation etc is water resistant ie does not allow the water to reach the root of the skiin then wudhu will be incomplete, otherwise wudhu will be valid, bearing in mind that the make up is not applied densly.as this may also prevent water reaching the skin. as a precaution it is preferable to remove it.

Q:

1) Will u please tell me about taharat problem. Sometimes i feel that "mizi" is out from the urine place, so how would i know this is mizi or this is the water that i use to wash that place, i m so confused regarding this.It is very difficult for me to offer prayer due to this reason.

2) if mizi is on teh clothes then if its quanity is below the diameter then can i offer my prayer, is prayer accepted by ALLAH with this condition or not.

A:

1) In order to differentiate what is water and what is mazi, is that mazi is only discharged upon arousel so once this is washed away then it becomes paak and if any wetness that remains is water. in short after arouusel if you have not washed yourself and you see a stain then that is mazi.

2) If the mazi stain is the size equivalent to that of the diameter of a ten pence coin, or less then to perform salah in this stae will be valid but makroooh(un desirable)

Q:

i hve a question regarding niqab and i would be so gratefull if you answered it for me.whats the ruling concerning niqab acording to the hanafi rulings. I read its wajib if theres fear of fitnah.

will i be getting gunno(sins) if i go infront a strage guy with my hands and hair covered but my face isnt?

what if its someone like the gardener or the postman and you know theres no fear of fitnah possible there cause you know these people inside out do i still have to hide my face from them?

will i be getting gunno if i do hijab infront them but i dont do niqab?

why do i have to follow the rulings of what the scholars of today say when imam abu hanifa dint say wearing niqab is wajib or farz?

why is wearing niqab wajib and not farz?

whats the differnce between somethng being wajib and something being farz.farz means you have to do it so wajib means what,that its not a must?

A:

first and foremost i'd like to put to you a very simple senario if the prophet muhammed PBUH were to see the the condition of our society would he or would he not describe it as a time of emmence fitnah, i believe you know fully well the answer to that.

another point on seeing the condltion of our society and the array of dress code, tell me this would the prophet SAW favour just the covering of the hair and wearing the cloak a greater and more virtuos act than wearing of the hijab and the nikab. my sister we all know the answer to these questions deep in our hearts. the veiling of the face is not something that has come about after the prophet saw it was there and practised by our mothers the wives of the prophet SAW and the sahabiyya.

many a time people have argued whether the sahaabiyat used to observe hijab or not. Such arguements are predominantly centered around the actual veiling of the face, proclaimingthat such an act was not alive within the sahabbiyat ( female companions). This arguement however is merely false and bears no welght.
There are many evidential ahadith and incidents which reinforce the observence of hijab and actual veiling of the face within the era of the glorious prophecy.

Hazarat Ali (RA) narrates that once he was in yhe presence of the noly prophet saw when the the holy prophet saw questioned, "Tell me what is the most worthy act of a woman?" Upon hearing this all the companions of the holy prophet SAW remained silent. Hazrat Ali (RA) further reports that when I returned home L forwarded the same question to Hazrat Fatimah (RA) She replied " A woman should not see any man nor should a man see her ." Hazrat Ali (RA) says " I then related this to the holy prophet SAW and he stated that " Fatimah is my beloved child for this reason she has understood.

Hazrat Qais Ibne Shammas (RA) reports that Umme Khallad (RA) came to the Holy Prophet SAW to enquire about one of her sons whom had been killed in one of the battles in the path of Allah. When she arrived she had a veil covering her face. Upon seeing this one of the companioms of the holy Prophet SAW said "How is is that even under such unfortunate conditions ( inspite of such grief and sorrow) you wear the hijab?"
Hazrat Umme Khallad replied "If I have lost my son I have not lost my modesty

FRom this we can learn how the sahabiyat remained firm upon the observence of hijab even at times of difficulty and misery.

Considering the fact that all female believers are the daughters of the prophet SAW and that he himself was flawless, the above incidence are evident enough of the fact that the sahabiyyat were observers of hijab.

There are 7 verses in the Quran concerning Hjiab acoording to th tafsir of these 7 verses arise 3 grades of Hijab

The highest of the 3 grades is that a woman should remain in her home as far as it is possible.

The 2nd grade of Hijab is that if the need should arise that a woman must go out then this should be carried out in such a manner which conceals her entirely. Whilst observing this grade of hijab, the application of excess scent, the wearing of tinkling jewellery, to excersise caution when walking so as not to enter the heart of a mixed crowd etc are also points to be borne in mind.

The 3rd and the lowest grade of hijab is in acccordanceto the ayyah of Surah Noor "Except that which is evident." This verse is one of dirrering interpretations. Some scholars believe that 'evident' connotates the actual burqa and niqaab whilst others have interpreted that 'except that which is evident refers to the face and the hands.

From amongst the 4 imams , Lmam Malik, Shafi and Ahned (RA) have unanimoulsly agreed upon the first of the two interptretations. According to the schools of thought related to these Imams, no roomhas been given to the unveiling of the face and hands regardless of the fear of unlawful acts or not.

Imam Abu Hanifa (RA) has differed in his opinion favouring the latter of the 2 interpretations, however, he has only accepted the unveiling of the face and hands when there is no fear of unlawful acts arising in the process of this 3rd grade of Hijab

However such unveiling within this day and age would obviously give rise to unlawful ways and so the necessity of entire concealment becomes much reienforced, consequently the great scholars after Imam-e-Aazam (RA) agree with the thoughts of Imam Malik Shafi and Ahned (RA)

IN view of this the 3rd grade of Hijab has become invalidated and impermissable. Conclusively, Muslim women should observe either of the two valid and permitted grades of hijab

futhermore how do we judge whether there is no fitnah from revealing the face in front of the postman the milkman etc for we do not have the knowledge of what they posses in there heart only Allah is aware of that so Why become A cause of fitnah yourself and carry the heavy burden of being the cause of immodesty

as for farz and wajib to dey or miss a farz makes one murtad (out of the fold of islam) whereas wajib command is inconcunbent and to leave it out renders a person sinful but dose not come out of the fold of islam. Allah knows best.

 

15th March 2006

Q:

Every month we go in Tableegh for three days . sometimes our taskkeel was in a masjid where the khutbah is in our own language in Mauritius  . Can we make Jum'ah there and is the the salatul Jum'ah maqbool .

A:

The best option is usually to go to a Jameh Masjid or go somewhere that the khutbah has a few Arabic words at the beginning or ending or in between. Then according to our Madhab the khutbah will be done.

 

19th January 2006

Q:

I am just wondering that are women allowed to die there hair permanently or can they dye it temporary (like for a couple of months at a time)

Also are women allowed to do any sort of body piercing like the bottom lip or the top part of the ear, also are women allowed to pierce their ears more then once.

A:

If the dye is enhancing the natural look and natural colour it would is permissible, and if it reaches your hair then it doesn’t effect your wudhu.

Any sort of body piercing or piercing the upper lip is not permissible. You are allowed to pierce the ear more than once as long as it does not damage the ear or does not mutilate the ear.

 

8th January 2006

Q:

Could you please clarify if the quarbani animal is being slaughtered on your behalf, and in the absence of your presence e.g. when we have requested relatives in india to carry out the quabani for our family members, then do we need to supply them with the name / names of the person for whom the qurbani is for.
   

I have been told as long as we make niyyah here, we do not have to provide the names.  Whereas I thought the names have to be mentioned at the time of slaughter.

A:

Yes, making intention is enough.

1st January 2006

Q:

I am a 40 yr old muslim woman, who is not married, have no children or any other dependents, both my parents have passed away and I lead a very independent life, i.e. I work full time to fend for myself etc.  However, I have a small amount of savings and own my own home, (mortgaged), and some small amounts of jewellery etc, alhumdulillah. 
   
I have a sister who is older and married, I have two brothers who also live their own independent lives and are a couple of years younger to me, and do not face any hardship financially or otherwise.  I have no nieces or nephews or any other closely related relative alive.
   
My question is: If I should pass away without having a will (which at this present moment I don't have), how should my assets be distributed? 
   
Secondly, if I was to make a will to distribute or bequeath my assets to other charitable causes which would exclude my sister and brothers as they are wealthy in their own rights, then would this be acceptable under islamic law?

A:

The entire wealth must be distributed into five parts. The sister will receive 1/5, and the first brother will receive 2/5, and the second brother will also receive 2/5.

If you make a will to distribute to charity you can only give 1/3 of your wealth and the remaining 2/3 is the right of your brothers and sister. If you wish to give more than 1/3 to charity, this will fully depend on the permission of your brothers and sister.

 

21st November 2005

Q:

As most of the youth today have many grooming products, many of us use hair styling products (gel or wax).  If we were to perform the wudhu with the hair styling product on, would our wudhu be valid?  because i thought by applying hair styling product, we are placing a 'shield' between he hair and the water.

A:

If the water does not reach the hair due to the gel etc, then wudhu will not be accepted.

 

Q:

I have this one question that what is to be done with the old time tables of the masjid? because it has many Arabic scripts. Should they be disposed of in the bin or burnt or is it something else?

A:

If its normal Arabic text, it is permissible to dispose it in the bin. If it has any quranic verses or hadeeth, then this should be burnt or buried. Or if the words can be washed away then that would be permissible to.

 

Q:

1.Can you tell me if your wife is on her period can she rub her private parts on my private parts if we both have trousers on.  Also, can we use our hands to touch each other's private parts (if she has trousers on).

2.When she is NOT on her period, can you tell me if I can insert my finger in her private parts.

A:

1. You may not touch the private parts even when she has trousers on. You should also refrain from touching thighs too.

2. Yes, this is permissible.

 

30th October 2005

Q:

1. i have seen this at  a couple of mosques that after completing 8 rakats in their tarawih, many brothers head off home. is that possible?

2. if a person is in the state of janaabat,and he has his ghusal after suhoor, will his fast be accepted? if not is there any thing that has to be done?

3. i have also heard that if a person is reading behind the imaam, the person starts to recite verses of the quraan with the imaam, his salaah becomes harraam. is this true?

A:

1. Reading 8 Rakatas of Taraweeh is a misconception. The hadeeth, that relates to the 8 Rakats is for Tahajud Salaah.

2. His fast is accepted.

3. Not true. Although, according to the Hanafi School of Thought it is Makrooh (Disliked).

 

Q:

1. there is a hadith that says to the nearest meanin  'if anyone calls there fellow muslim brother a kaafir and he isnt then the one who makes the accuasion becomes a kaafir'
 
so what is the judgement on raza khan. he called the elders of deobandis kaafirs openly and went far as to say anyone who doubts the kufr is also a kaafir. can it be said raza is a kaafir.
 
2. also moulana qassin nanatwi (ra) is accused of saying that khatumun nabeeyin doesnt mean the final prophet but means the greatest prophet. is this true

A:

1. According to the hadeeth tha kuffar has already returned to him, therefore we don’t need to make anymore judgements.

2. Could you please specify where you have heard this. May we remind you that Moulana was a great scholar and his works were very hard for most people to interpret.

 

17th July 2005

Q:

I have heard from many friends of mine that its permissible for men to clean off any
hairs there are on the body such as the hair on the chest and legs and feet. And between
the eye brows
Is this true??
If so how should we go around doing this?
My friend from a boarding madrasah has informed me of this. He said its personal hygiene.
But I thought we are not allowed to do such thing
can you please let me the truth!

A:

Yes, it is permissable. However, it is not permissable to remove the hair of the beard and eyebrows.

Q:

In the past i have missed a lot of Fardh Salaah, how would i go about doing Qadha for them if I don’t know how may I have missed.

A:

If you don’t know how may Salaah you have missed. You should make the intention in away that you are doing Qadaah for the first Fajr I have missed, and then the second Fajr Salaah I have missed etc. You should do this for all the missed fardh Salaah.

 

2nd July 2005

Q:

Could you please clarify the rules for keeping Kaffarah (Compensation Fasts?) For example, the compensation for unlawfully breaking a fast is to keep 60 consecutive fasts, If a person has unlawfully broken many fasts, say 30, then must he keep 1800 fasts?

A:

I a person has broken many fast of the same Ramadhan, then only 1 Kaffara is required.

 

Q:

i would like some information with regards to zakaat...
if a person has been working for example from 2001 to present and did not keep account of his financial situation in terms of money coming in, going out, savings and from this did not pay zakaat not purposely. what is the situation in terms of him paying zakaat from now (a certain date) and for previous years and how would you calculate for them years without knowing how much savings you had or income etc....
would this person be sinful for doing this unintentionally???

A:

What you would need to do is calculate approximately (estimate) how much you had to give, then give on that basis. You will be sinful for delaying the giving of Zakaat, because one should not be unmindful in regular matters. If you had missed the zakaat deliberately then you would be sinful for intentionally missing the zakaat too. If for some reason you had forgotten to pay your zakaat then you would only be sinful for delaying the zakaat and not for intentionally missing it.

 

3rd June 2005

Q:

1. Is intercourse permissable during pregnancy? If not then why?

2. Can you have intercourse in any position in islam?

3. I have heard that if you want to concieve then at the time of intercouse you should
not look into each others eyes, or should only have intercourse on certain nights or not
making noises while doing it,there may be a possibility of the child being born deaf
etc...Are these just superstitions or true? also please tell me the maslah about
superstitions!

4. Could you also tell me regarding contraception in islam for both men and women.     
jazakumullah.

A:

1.It is Permissble.

2.Yes, as long as you enter front the front passage, it is mentioned in Surah Bakarah, in the second parah in verse 222.

3.This has no base in islam, and is just superstition.

4.It is permissible in islam under the following circumstances:

  • If the mother has an illness, and by conceiving. Her illness will worsen or by conceiving her life will be at threat.
  • The mother has many young children and little age gap between them, and the mother will find in very difficult to look after the child and give the child the correct Islamic tarbiyaah.

 

23rd April 2005

Q:
1. What are the optional salaah, and their times for reading the salaah? eg. Tahajud. etc.

2. When are times of makrooh and how long for?

3. The 4 Sunnah before Esha Salaah, are they Muakadah, or Gher Muakadah?

4. If i were to miss the Sunnah before Zohar, then if i made Qadah for these Sunnah, would i read it straight after the Fardh or after the 2 Sunnah and 2 Nafl.

5. I read somewhere that in nafl salaah, you can do duaa from the quraan or haadith in sijdaah and after durood in tashahood (eg when in the seated position). Can you tell me if this is correct.

6. What duaa do i read in between the 2 sijdaahs?

A:
1.
Tahajjud Salaah: Best time is the last part of the night and before Subah Sadiq (early dawn). However, time starts for Tahajjud straight after esha.
Ishraq Salaah: Approximately 15-20 minutes after Sunrise, 2 or 4 Rakats.
Chasht Salaah: Time begins when the sun is bright and ends before Zawal (midday). 2, 4, 6, or 8 Rakats.
Awwaabeen Salaah: time begins straight after magrib Salaah. 4 or 6 Rakats.
Tahyyatul Masjid: After entering Masjid and before sitting down, 2 Rakats should be offered. This is on condition that it should not be at any Makrooh time.

2.
No Salaah is valid at times of sunrise, mid-day and sunset; approximately 5 minutes after Salaah can be offered. After fajr and Asr fard Salaah no nafil Salaah should be offered.

3.
It is Gher Muakkidah.

4.
After the Fard Salaah, pray the 2 Sunnah then the 4 Rakats of Sunnah qadah, then the 2 nafil.

5.
This is correct.

6.
Allah-hummagfirlee warhamnee. This means “Oh Allah! Forgive me and have mercy upon me.”

 

5th February 2005:

Q: I am just wondering, I am a female and how long do I have to keep my hair. Can I trim it at all. Also its is difficult to wash and dry.

A: As long as it is not excessively long (middle of the back) it is not permissible to cut the hair, unless there is a medical reason given by a doctor.

As far as Hadith goes, women are encouraged to keep their hair. For example, in Hajj and Umrah, women cut their hair which is a finger tip long, were as the men can totally shave their hair. From this it is evident that woman should avoid cutting their hair.

 

9th January 2005:

Q: I have a friend who is going to Egypt as a holiday and during her stay will be going to the valley of the kings to see the tombs of various mummies. however talking to one of my cousins i was told that we shouldn't go as these people were kuffar and that they are going through azab, and besides going to a graveyard is strictly prohibited for women. could you please tell me whether this is the case and if you can go to a tomb if it is of a muslim person ie. the Taj mahal or if the body of a kuffar has been remove could you then go inside the tomb.

A: Answer to your question, is if she is going to the Tomb with the intention of historical purposes and for educating yourself then it would be permissible to visit these place. Also Allah SWT has preserved these places for us to learn a lesson from it. However, if she goes with the intention of just visiting the tombs itself then this would not be permissible. The same would apply for the Taj Mahal, if she goes with the intention of visiting historical sites then this would be permissible. However, if she goes with the intention of visiting the grave then this would not be permissible. When most people who visit these sites usually go for gaining knowledge and historical purposes anyway, so visiting these sites would be permissible.

It is not permissible for women to go to the grave yard. If obviously, the body has been removed from the tomb then it is permissible because the body is no longer there.

 

25th December 2004:

Q: I have heard in various Bayan/Taleems held by different Maulana's that it is permissible for women to wear tops & trousers/jeans, as longs as the garments have been made specifically for the women and are loose fit. Is this true?

A: The clothes whether for men or women should be worn to earn the pleasure of Allah and additionally for women to please the husband. The cloths should not be made a means of disobedience or immodesty. But f the clothes are worn to show someone else then it will result in Allah’s anger and displeasure.

Regarding, your question for women to where tops, trousers, jeans etc, the verdict is to allow women to wear such clothes is not permissible. First of all, these are the clothes of men and secondly, these are the clothes of non-believers, regarding adopting the way of disbelievers the Prophet S.A.W said that, “Guard yourselves against the clothes of the ruhbans (monks), because those who wear their clothes are not amongst us.” In other words we have no concern for such people.

In another hadith the Prophet S.A.W said, “The people who adopt the ways of some nation are counted amongst them.”
The above mentioned ahadith informs us that to wear clothes of the disbelievers, one is counted as a disbeliever.

Thirdly, in wearing clothes such as tops, trousers, jeans although the body is covered but since the shape of the body remains prominent, even though they are loose fit, the condition of purdah and hijaab are not met. Allah has commanded the woman of believers to draw their veils all over their bodies. Allah says in the holy Qur’an.:

“O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies. That will be better, that they should be known so as not to be annoyed. And Allah is ever full of forgiving most merciful.”
(Surah Ahzaab 22)

In another hadith regarding women wearing clothes where in the shape of the body remains conspicuous the Prophet S.A.W said, “There are two groups belonging to hell which I have not seen (in other words they will come after my time)”

Regarding one of the groups the Prophet S.A.W has said. “This group will be composed of such women who will be naked despite wearing clothes. They will themselves be inclined towards men and will also seduce men towards themselves by their figures, and by other means. Their heads will be tall like the humps of Bukhti camels (a famous breed of camels) and bent on one side (in other words their hair will be done up in a knot.) these will not enter paradise. Even its smell and fragrances will not reach them, although its smell reaches distant places.” (Muslim p 205 vol 2)

The conclusion is the clothes should be not be against Shar’iah. In other words the dress should be of a sufficient length so as to cover the entire body and should have full length sleeves. The veil or the chader should not be so thin, through which the colour of the hair can be seen. The shirt (which cover the entire body) should not be so tight that makes the shape of the body obvious. The dress should neither resemble the clothes of men or of the disbelievers, and do not wear clothes with the intention of showing off and exhibition as was stated previously

 

11th December 2004:

Q: Assalaamu alykum, I am in the process of making my Will and i would be grateful if you could please advise me on how to divide my assets according to Shariah. My family details are as follows:
1 - wife
2 - sons
1 - daughter
Other family members*:
Mother and Father
1 brother
1 sister
Do I include my other family* members in the Will or just my wife and children and what percentage do I leave for each member. 

A: After dividing the total wealth into 24 parts, the wife will receive 1/8 of the 24 parts which amounts to 3 parts. The father will receive 1/6 which amounts to 4 parts and also the mother will receive 1/6. The remaining 13 parts will be distributed between the two sons and the daughter. These 13 parts will be multiplied by the 5 which equals to 65 and then 65 will be divided INTO 5 which amounts to the daughter being given 13 parts and the sons, each receiving 26 parts. This is due to the rule that each daughter will receive half the share of a son thus in the end the 65 parts have been shared equally between the sons and the daughters.

Please note: Because the children are present, nobody else (i.e. Brother and Sister) will receive a share.

 

15th September 2004:

Q: If a girl was to get a divorce from her husband who is from abroad.
i have been supporting my husband financially and there is no-one else to support her financially then durimg her iddat will she be able to go to work in an office. I would not go anywhere else only to work and back.

A: In the true sense, if she has no financial support whatsoever. She may work for a minimum period to support herself.

9th August 2004:

Q. If a Masbook (person who has missed a rakat or more) does salaam with the Imam, does he have to do Sajdah-Sahwa?

A. If by mistake a Masbook does salaam before the Imam has recited the ‘Meem’ of salaam then Sajdah-Sahwa will not be necessary. However if the Masbook does salaam after the Imam has recited the ‘Meem’ of salaam then Sajdah-Sahwa will be necessary. However if salaam is made intentionally then Sajdah-Sahwa will be necessary.

(Ahsanul Fatawa, Verse 4, pg27)

Q. When a person enters his home or Masjid and there is no one present, does he have to make salaam?

A. When a person enters an empty house it is Mustahab (performing act as a means of reward, to miss it is no sin) to make salaam. When entering the Masjid and no one is present, salaam should be said. However if some one is present in the Masjid, then salaam should not be made due to disturbing the worshippers. Salaam should be said with the following words: ‘Assalam-Mua-lay-Na Wa-ala Ibadallahis-saliheen’

(Ahsanul Fatawa, Verse 9, pg20)

Q. If a person hears an Aayat of Sajdah on the receiver; will Sajdah-Tilawat be necessary?

A. If the Tilawat is broadcasted live then Sajdah-Tilawat is necessary. If the Tilawat is not live but played from a pre-recorded cassette, then Sajdah-tilawat will not be necessary.

(Ahsanul Fatawa, Verse 9, pg65)

Compiled by (Mufti) Ahmed Kalang

 

 
 
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