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ummtaalib

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  1. The Cycle of Stress Stress can paralyse a person which leads to more stress and it becomes a vicious cycle. (Click on picture to enlarge) How do we break this cycle? The following Five Points were discussed by Alimah S. Ahmed, firstly mentioning the psychological aspect followed by the Islamic perspective
  2. Finding Peace under Pressure workshop - 5th December 2015 Zaynab Academy Online Speaker: Alimah S. Ahmed Write-up: ummi taalib This excellent workshop was on how to deal with pressures living in a modern world where pressures have increased many fold compared to the past, especially for women who are faced with pressures of the home as a wife and mother along with educational, career and peer pressures (which does not only affect teenagers but adults as well in universities, professions etc.). Modern day psychologists and psychological studies show many ways of dealing with these pressures. Alimah S. Ahmed has taken five points and intertwined them with the Islamic perspective. Alhamdulillah, it was very beneficial as a solution and hope for those women seeking peace under pressure as well as showing us that the Noble Qur'an and the teachings of our beloved Nabi Muhammad sallallaahu 'alayhi wasallam provided these very solutions more than 1400 years ago! InshaAllah these notes become beneficial for many even though I truly cannot do justice to the talk. So firstly what is Pressure & Stress? Pressure is external conditions which makes us feel that we have to do certain things or behave in a certain manner, meet certain deadlines or fulfil certain obligations or expectations from people or even expectations from one's self i.e. a goal or a desire. There are different levels of pressures which depend on situations, backgrounds, culture etc. These pressures lead to stress which is the internal reaction. People may experience the same pressures yet react differently with some dealing with the situation calmly while others may feel the stress, some to a much higher degree than others. Stress is something everyone experiences. Allah ta'ala mentions in the Qur'an that a human being cannot get except for what he strives for. وَأَنْ لَيْسَ لِلْإِنْسَانِ إِلَّا مَا سَعَىٰ "And that man hath only that for which he maketh effort" [53:39] A healthy level of stress is necessary to get ahead in life, be it in one's Deen (Religion) or Dunya (Worldly matters). It makes a person work harder. The problem comes with unhealthy levels of stress which leads to psychological problems such as anxiety, depression and even mental breakdowns. For some people stress leads to physical problems such as backache, shoulder pains and tense muscles. Stress can also affect our spiritual self like our connection with Allah ta'ala, our Imaan, our tawakkul in Him etc. Finding "Peace under Pressure" is attaining this spiritual peace. The psychologists and councillors will show us various methods to de-stress however the real peace comes when one finds this connection with Allah ta'ala, one's God, one's Creator. Due to not having this understanding many people try to find ways of relieving stress through harmful ways such as drugs, drinking, fun and futile activities or releasing stress and harming those below them. For instance a head teacher may have stress and release it on the teachers who in turn release it on the students, or a woman is under pressure from her husband or boss and may not say anything to them however takes it out on her children, which is dangerous. In the long run these methods do not change the situation nor do they release the stress. The stress needs to be released in a healthy way similar to eating healthy food instead of junk food eaten to fill the hunger when food is not ready. This is not proper nourishment. Similarly unhealthy methods of releasing stress are counterproductive. Finding real peace makes us more productive and better people.
  3. Eating at a wedding function towards which one has given Zakaat Q. Is it permissible for a person who is giving ZAKAT for the marriage of a girl to partake of the wedding food? A. Yes. It is permissible. Once Zakaat funds have been given to the recipients of Zakaat, its status changes and it is no longer considered Zakaat. Hence if you partake of the food prepared, you will be eating from their Halaal wealth and not from Zakaat. Sayyiduna Anas Radhiyallahu Anhu reports that once meat, given as Sadaqah to Bareerah Radhiyallahu Anha, was presented to Rasulullah Sallallahu Alayhi wa Sallam. Rasulullah Sallallahu Alayhi wa Sallam remarked, “It was Sadaqah for her but is now a Hadiyyah (gift) for us.” (Bukhari) And Allah Ta’ala Knows Best Mufti Suhail Tarmahomed Confirmation: Mufti Moosa Salie Fatwa Department Jamiatul Ulama (KZN)
  4. Q. I was told that it was necessary to wear a scarf when I enter the bathroom as it is Shaytaans home. Please can you clarify whether this is true or not (Query published as received) A. The Hadith indicates that the Shayateen inhabit impure places such as the toilet and it is therefore advisable to wear a scarf or cover the head when entering the toilet. Sayyidatuna Aa'ishah (Radhiyallahu Anha) narrates that Rasulullah (Sallallahu Alayhi Wasallam) used to cover his head whenever he entered the toilet. (Bayhaqi) And Allah Ta’ala Knows Best Mufti Suhail Tarmahomed Confirmation: Mufti Moosa Salie Fatwa Department Jamiatul Ulama (KZN)
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  5. Productive Holidays Rasulullah Sallallahu Alayhi wa Sallam has stated, “There are two blessings which many people waste: health and free time.” (Bukhari) The holiday period is generally a time when people have time to spare. We can while away that time in frivolous and at times sinful pursuits or we can utilise such opportunities productively. The holidays are an ideal opportunity for spending quality time with our families. Sitting in front of the television together does not count as quality time. Engaging with our families in physical activity, in laughter and clean fun is part of quality time. The Hadith encourages horsemanship, archery and swimming amongst other physical activities. Take your family out to explore the beauty of nature, and ponder over Allah’s magnificence that He displays through His creation. This will bring us closer to Him and humble us in awe of His majesty. Most importantly, sit with your family and talk about Allah Ta’ala and the beautiful Islam he has blessed us with. Discuss the life of Rasulullah Sallallahu Alayhi wa Sallam and relive with them the history of Islam. Talk to them about the real life challenges that we face and how to navigate them. We live in a time when families are fragmenting and contentment seems a distant dream. A holiday spent productively will, insha-Allah, bring the family closer together and leave us with a sense of fulfilment and satisfaction. Jamiatul Ulama (KZN) Council of Muslim Theologians
  6. Incident of Imam Abu Hanifah (rahimahullah) and a group of Atheists A group of atheists once approached Imaam Abu Hanifah (rahimahullah) with the sinister intention of murdering him. On noticing them, Imaam Abu Hanifah (rahimahullah) decided to engage them in dialogue and so asked them, “If a person had to claim that he saw a ship which had neither a captain nor sailors to steer and navigate it, sailing through the waves of the ocean in a perfectly straight line, loading goods on one shore and offloading them on another shore, all on its own without a person to oversee and control it, what would you say?” The group immediately exclaimed, “Such a phenomenon is so illogical that no intelligent person would accept is as possible!” Imaam Abu Hanifah (rahimahullah) responded saying, “What has then happened to your intelligence? When you accept that one single ship cannot sail and operate without sailors aboard, then how do you accept that the entire universe can function and operate without Allah to control it?” The entire group was astonished at this line of reasoning and immediately repented and accepted Islam at the hands of Imaam Abu Hanifah (rahimahullah). (‘Aqaa’id-ul-Islaam page.41)
  7. The Reality of Zikr The hadeeth says that the simile of the one who remembers Allah Ta‘ala and the one who does not remember Allah Ta’ala is like the living and the dead. Sometimes when we hear about zikr then we restrict it to just holding a tasbeeh and reciting some zikr. Yes, we cannot underestimate and undermine this ibaadat, for it has its value and effect even if done unmindfully. However, zikr has a deeper meaning. What do you mean by zikr? It refers to having the consciousness of the presence of Allah Ta‘ala with His sifaat and great qualities i.e. His power, authority, might, etc. When you remember Allah Ta‘ala with this level of remembrance then it is virtually impossible to commit a sin. If someone has got a loaded gun and you know he is hot-tempered and short-fused, and his daughter is before you and he has his finger on the trigger, will you flirt with his daughter? Even if you think of doing it your feelings will die. This is the type of feeling and awareness of Allah Ta‘ala you should bring in your mind. Source: Al-Haadi
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  8. Question: Is the 40 days after you give birth a tradition or Islamic? Women stay Indoors for 40days after giving birth Answer: In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. It is not compulsory upon women to stay in house for forty days specifically after giving birth. The tradition to remain in house after birth is due to health reasons and is not an obligation of Shari’ah. And Allah Ta’āla Knows Best Checked and Approved by, Mufti Ebrahim Desai. Daruliftaa.net idealwoman
  9. When we correct our matters with Allah Ta’ala, Allah Ta’ala corrects our matters with people.
  10. Improve the Tajweed rules by practicing with loveforquran.com TAJWEED VIDEOS Introduction Full Mouth Letters Throat Letters Lengthen for 1 Second - 1 Lengthen for 1 Second - 2 Lengthen for 2 - 3 Second Lengthen for 4 Second Lengthen for 5 Second The Difference - 1 The Difference - 2 Nasal Sound (Ghunnah) Echo Letters (Qalqalah) The Word Allah The Letter Raw - 1 The Letter Raw - 2 Signs of Stopping (Waqf) How to Stop at End of a Verse (Waqf) Noon Saakin and Tanween Iqlaab Idghaam Ikhfaa Meem Saakin Idghaam Shafaqi
  11. Practice short Surahs with loveforquran.com QURAN VIDEOS Fatiha - 1 Fatiha - 2 Al Naas - 1 Al Nass - 2 Fallaq - 1 Fallaq - 2 Ikhlas Kaferoon - 1 Kaferoon - 2 Al Nasr Kauthar Kuraish - 2 Lahab - 1 Lahab - 2 Maoon - 1 Maoon - 2 Al Feel - 1 Al Feel - 2
  12. Want to learn how to recite the Qur'an from the comfort of your home?
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  15. Charity work amongst non-Muslims Q. At work am involved in our Citizenship drive, which involved raising funds and assisting the needy and thus far all non-Muslim orphanages. I would like to know is this ok from a Muslim point, as I have been confronted why not helping Muslims. Hope to hear from you soon, Insha Allah. (Question published as received) A. Islam teaches us to be charitable to Muslims as well as Non-Muslims. There are many Ahadith that give general encouragement in assisting all of Allah’s creation. For example, “The best of men are those who bring the greatest benefit to mankind”. (Tabrani) The only distinction is in regards to compulsory charities like zakat, which can only be used for Muslims. In regards to general charity, it may be given to Muslims as well as non-Muslims. And Allah Ta’ala Knows Best Mufti Moosa Salie Confirmation: Mufti Ebrahim Desai Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians
  16. Donating to non-Muslim Charities Question: Respected Mufti Saheb, Assalamualaikum wa Rahmatullahi wa Barakatuhu, I hope, Insha Allah, this e-mail finds you in the best of health and of course Imaan. I have a query about the charity. In the UK there are lots of non-Muslim charity organization, e.g. “Cancer Research UK”. Was there any virtue from the teachings of Qur’an and Ahadeeth if I would give charity to them? Could you kindly explain this issue? Wassalaam Answer: Giving charity to non- Muslim organizations is correct. In verses 8-9 of Surah Dahr in the 29th chapter of the holy Quran, Allah says: And for Allah’s love they provide food to the needy, the orphan and the captive. (That) We feed you only for the pleasure of Allah. We neither seek recompense nor gratitude from you. In the commentary of the above verse, Ibne Abbas says that The Captive refers to the idolaters. What further clarifies this is the order of Nabi (SAW) which was issued to his companions on the day of Badr to be kind to the captives. That is why they were given preference even at the time of meals. (Tafseerul Quranil Azeem, Vol.4, Page 584. And Allah Taala knows best Nezaam bin Yahya Ali Attested to as correct by: Mufti Muhammad Ashraf Darul Iftaa Jameah Mahmoodiyah Springs www.mahmoodiyah.org.za [email protected]
  17. Sunnats and Aadaab of Duaa – Part 7 1. At the completion of the du`aa, one should say Aameen. عن أبي مصبح المقرائى قال كنا نجلس إلى أبى زهير النميرى وكان من الصحابة فيتحدث أحسن الحديث فإذا دعا الرجل منا بدعاء قال اختمه بآمين فإن آمين مثل الطابع على الصحيفة. قال أبو زهير أخبركم عن ذلك خرجنا مع رسول الله صلى الله عليه وسلم ذات ليلة فأتينا على رجل قد ألح فى المسألة فوقف النبى صلى الله عليه وسلم يستمع منه فقال النبى صلى الله عليه وسلم أوجب إن ختم. فقال رجل من القوم بأى شىء يختم قال « بآمين فإنه إن ختم بآمين فقد أوجب ». فانصرف الرجل الذى سأل النبى صلى الله عليه وسلم فأتى الرجل فقال اختم يا فلان بآمين وأبشر (ابو داود رقم 939) Abu Musabbih Al-Maqraaiy relates: “On one occasion we were seated by Hadhrat Abu Zuhayr An-Numayri (Radhiyallahu Anhu), who was from amongst the Sahaabah (Radhiyallahu Anhum). He was most eloquent in speech. When anyone amongst us used to engage in duaa, he would say, ‘seal the duaa with Aameen, for Aameen is like a stamp on the paper.’ He then said further, ‘should I not inform you regarding this? One night we came out with Rasulullah (Sallallahu Alaihi Wasallam) and came across a person who was fervently engaged in duaa. Rasulullah (Sallallahu Alaihi Wasallam) stopped to listen to him and said: “If he seals his duaa, he will make Jannah binding for him.” One of the people asked, “How should he seal it (his duaa)?” Rasulullah (Sallallahu Alaihi Wasallam) replied, “He should seal it with Ameen, if he seals it with Aameen, he has made Jannah binding for him.” The one who had asked Rasulullah (Sallallahu Alaihi Wasallam) went up to the person and said, “O so and so, seal your duaa with Aameen and accept the glad tidings (of Rasulullah (Sallallahu Alaihi Wasallam)).” 2. After one’s duaa, one should recite durood shareef at the end. عن عمر بن الخطاب رضي الله عنه قال : إن الدعاء موقوف بين السماء والأرض لا يصعد منه شيء حتى تصلي على نبيك صلى الله عليه و سلم (الترمذي رقم 486) Hadhrat Umar (Radhiallahu Anhu) narrates, “Duaas remain suspended between the heavens and the Earth. It does not proceed towards the heavens as long as Durood on Nabi (Sallallahu Alaihi Wasallam) has not been recited (i.e. there is no guarantee for its acceptance).
  18. Husband controlling his wife's finances Q. My husband stops me from doing anything for my sister and family from the money I earn.He only likes it when I spend on him or buy something with it for myself so that I don't ask him for money.Right now I'm earning very low as I don't have much experience.We live abroad and whenever we go to our home country he expects me to stay more at his place and less at my parents.He doesn't tell me how he spends his money and even hides his salary.I don't know what I should do.I have bought him more expensive clothes than I ever buy for myself.He also abuses me emotionally and degrades me alot.Please help me and tell me if Islam gives the right to husbands to stop wives from spending money on their family and spending time with family? (Question published as received) A. The money that the wife earns belongs to her and she is at liberty to spend it as she pleases as long as it is within the parameters of the Shari’ah. It is permissible and in fact rewarding for the wife to spend on her family, more so if her husband is under financial constraints. However, the husband has no right to demand or expect his wife to spend money on him as the laws of Islam do not compel a woman to financially support any person. On the contrary, it is duty of the husband to spend on his wife. And Allah Ta’ala Knows Best Mufti Moosa Salie Confirmation: Mufti Ebrahim Desa Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians
  19. Do I Need To Follow a Madhab? Darultahqiq.com “Do I Need To Follow a Madhab?” – Clarification Of a Common Misconception Amongst Muslims – by Mufti Muhammad Sajaad Imam Jalal al-Din al-Suyuti (d. 911 AH) said: “The difference found in the four Schools of Islamic law (Hanafi, Shafi, Maliki and Hanbali) in this nation is a huge blessing and an enormous virtue. It has a subtle hidden wisdom the intelligent are able to grasp, but the ignorant are blind of. I have even heard some of them say: ‘The Prophet (pbuh) came with one law, so where did the four Madhabs come from?” (Jazeel al-Mawahib, p.4) Is Following One Of The Four Madhabs Necessary? A Self-Assessment 1. All the sacred verses and hadith are in Arabic. The four Imams were experts in the Arabic language and I am not 2. The four Imams lived in an age that was described by the Prophet (pbuh) as the most blessed of Islamic ages. He (pbuh) said: The best of my Umma are those of my generation, then the (generation) that follows them and then the (generation) that follows them (Sahih al-Bukhari). Obviously, I cannot claim to have this distinguished credential. 3. All four Imams were attested as being the most God-fearing and pious of people by thousands of leading Ulama 4. Thousands of scholars throughout Islamic history considered the opinions of the Imams to be the most superior and refined understanding of the Qur’an and Sunna. Not a fraction of these numbers have ever attested to my wisdom or scholarly credentials 5. The four Imams have an extraordinary track record. That is, the whole Umma embraced their opinions for over a thousand years. Throughout the Muslim world, Muslims followed one of the four schools [see last section]. My view(s) cannot claim this profound acceptability. The companion Ibn Masud said: That which the Muslims deem to be good, is good with Allah (Musnad Imam Ahmad). The odd opinions I may concoct do not have this solid recommendation 6. In so many matters of life I only feel at ease if I get an expert’s advice. I turn to doctors, mechanics, architects and many other specialists to tell me what to do. My religion is the most important thing to me, thus it makes sense to rely on the greatest intellects of the Umma to guide me 7. A school is the best way to protect the Deen from untrained individuals twisting it to suit ulterior motives and desires. I do not know of a better way to protect the Deen from distortion than this 8. Other schools were never meticulously codified and refined as were the opinions of the four Imams. Thus it is a red herring to say why only follow these four and not the madhab of say, Thawri or Tabari etc. 9. If Salafism was the way of this Umma throughout its history, why would Sunni scholars continuously condemn it as a dangerous deviation? For example, the great scholar Ibn Rajab (d. 795 AH) wrote a book against them called: Refutation Of Those Who Follow Other Than The Four Schools (Ar-radd `ala man ittaba ghayr al-madhahib al-arba`a). The Dangers Of Abandoning The Four Schools We all love to be given a choice. Having a range of hats or shirts to choose from is a luxury. But it would be suicide if we brought this mentality of the marketplace into our religion. When a person says it is not obligatory for the Muslim to follow one of the established schools that is what he is doing. People are then free to shop for whatever opinion takes their fancy! This is termed making your desires into religion and it is forbidden by this verse: Have you seen the one who takes his desires as his god (45:23). If the millions and billions of Muslims were supposed to apply their minds to the verses and hadith, chaos would only result. Without the scholarly expertise (or a high level of fear of Allah ta`ala) they would make horrendous mistakes. One of the legacies of the four Imams was their accurate use of analogy. That is deducting new rulings where nothing is clearly mentioned. These master scholars expended their intellects on precisely discovering the basic reason behind a ruling (`illa). If that reason is found elsewhere, they concluded, the same ruling would apply. And likewise if it is absent in another context then the ruling does not apply. For instance, many of the intoxicants and drugs that exist today were not mentioned in revelation. Nevertheless, the Islamic jurists explained, because the basic reason behind the forbidding of alcohol was intoxication, logically these other substances must also be considered forbidden by Allah Almighty. But the Salafi/“ahle-Hadith” campaign to get rid of the schools and their rules, would have individuals (and we are witnessing it happening more and more frequently today) turning to the verses and hadith and arguing,-for example- “I think the reason why ablution (wudhu) was made necessary before prayers was due to the extreme heat people lived in back in those days. In our age we have air conditioners, deodorants etc. Thus since the original reason does not exist anymore, wudhu is no longer necessary” (!) Take another example: “The reason Islam forbade having boyfriends and girlfriends was because of the danger of children being born without there being anything to bind the father to take responsibility. Today, effective contraception is easily available and DNA testing ensures no father can deny his child, thus this fear is now fully taken care of. So Muslims should also embrace the culture of men and women freely mixing and dating.” If the regulation provided by the four schools is thrown away, how do you stop the many individuals that form part of the Umma, who are weak of iman and taqwa, from turning Islam into a carnival of desires? This horror story is the ultimate end of the simplistic call of Salafism. It is this same call that has tragically even led to individuals perpetrating mass-murder on the streets of many cities in the name of Islam! Rather, it is nothing but a subversion and mockery of Islam. The far-sighted scholars of the Ahl al-Sunna long ago understood how valuable these four schools were in safeguarding the Deen of Allah Almighty. So they issued a fatwa that it was necessary for every Muslim to learn and adhere to one of the four schools. The Verdict Of The Ulama Of The Muslim World [1] The famous Imam al-Haramayn Abu al-Ma‘āli Abd al-Malik bin Yusuf al-Juwayni (419-478 AH) writes in his book Al-Burhan:“The expert scholars have agreed that the masses are obligated (‘alayhim) with following the schools of the (four) Imams who thoroughly investigated and researched, who compiled the chapters (of Fiqh) and mentioned the circumstances of the rulings.” (vol. 2, P. 1146) [2] Shaikh al-Islam Ahmad Ibn Hajr al-Haytami writes in Tuhfa al-Muhtaj fi Sharh al- Minhaj:“The claim the layman has no madh-hab is rejected, rather it is necessary (yalzamuhu) for him to do taqlīd of a recognised school. (As for the claim: scholars did not obligate following one school), that was before the codification of the schools and their establishment.” (Vol.12 p.491-Kitab al-Zakah) [3] Imam al-Nawawi writes in Al-Majmu‘ Sharh Al-Muhadhdhab:“The second view is it is obligatory (yalzamuhu) for him to follow one particular school, and that was the definitive position according to Imam Abul-Hassan (the father of Imam al-Haramayn Al-Juwayni). And this applies to everyone who has not reached the rank of ijtihād of the jurists and scholars of other disciplines. The reasoning for this ruling is that if it was permitted to follow any school one wished it would lead to hand-picking the dispensations of the schools, following one’s desires. He would be choosing between Halal and Haram, and obligatory and permissible. Ultimately that would lead to relinquishing oneself from the burden of responsibility. This is not the same as during the first generations, for the schools that were sufficient in terms of their rulings for newer issues, were neither codified nor widespread. Thus on this basis it is obligatory for a person to strive in choosing a madh-hab which alone he follows.” (vol.1 p. 93) [4] Shaikh Salih al-Sunusi writes in Fath al-‘Alee al-Malik fil-Fatwa ‘ala madh-hab al-Imam Malik:“As for the scholar who has not reached the level of ijtihād and the non-scholar, they must do taqlīd of the Mujtahid… And the most correct view is that it is obligatory (wajib) to adhere to a particular school from the four schools…” (p.40-41, in Usul al-Fiqh) [5] Imam Sharani, an undisputed authority in the Shafi school writes in Al-Mizan al-Kubra:“…You (O student) have no excuse left for not doing taqlīd of any madh-hab you wish from the schools of the four Imams, for they are all paths to Heaven…” (p.55 vol.1) [6] Imām Shams al-Din Dhahabī (673-748 AH) writes in Siyar A‘lam al-Nubalā under Ibn Hazm Zāhirī’s comment:“I follow the truth and perform ijtihād, and I do not adhere to any madh-hab”, “I say: yes. Whoever has reached the level of ijtihād and a number of imāms have attested to this regarding him, it is not allowed for him to do taqlīd, just as it is not seeming at all for the beginner layman jurist who has committed the Qur’ān to memory or a great deal of it to perform ijtihād. How is he going to perform ijtihād? What will he say? On what will he base his opinions? How can he fly when his wings have not yet grown?” (Vol.18, Pg.191) [7] In the famous twelve volume Maliki compendium of fatāwā, Al-Mi‘yar al-Mu‘rib an fatāwā ahl al-Ifriqiyya wa al-Andalus wa al-Maghrib, Imam Ahmad al-Wanshirisi records the Fatwa on taqlīd: “It is not permitted (lā yajoozu) for the follower of a scholar to choose the most pleasing to him of the schools and one that agrees the most with him. It is his duty to do taqlīd of the Imam whose school he believes to be right in comparison to the other schools.” (vol.11 p.163-164) [8] The Hanbali scholar Imam ‘Ala al-Din al-Mardawi in his major Juristic compendium Al-Insaf, cites the statement of the famous scholar Imam Al-Wazir ibn Hubaira (died 560 ah):“Consensus has been established upon taqlīd of every one of the Four Schools and that the truth does not lie outside of them.” (Vol.11 p.169, Dar al-Kutub al-‘Ilmiyyah). [9] Imam Badr al-Din al-Zarkashi states in Al-Bahr al-Muhit,“There has been established a consensus amongst the Muslims that the truth is restricted to these (four) schools. This being the case it is not permitted to act upon an opinion from other than them. Nor is it permitted for ijtihād to occur except within them (i.e. employing their principles that is the tools of interpretation).” (vol.6 p.209) [10] In the commentary of the Shafi text Jam‘ al-Jawami‘, Imam Al-Jalāl Shams al-Din al-Mahalli writes:“And the soundest position (wal-Asahh) is that it is obligatory (yajibu) for the non-scholar/layman and other than him of those (scholars) who have not reached the rank of ijtihād, adherence of one particular school from the madh-habs of the Mujtahid Imams (iltizam madh-hab Muayyan min madāhib al-Mujtahideen) that he believes to be preferable to another school or equal to it.” (Kitab al-ijtihād, p.93) [11] Imam Rajab al-Hanbali writes in his book: “Refutation of anyone who follows other than the four schools” [A title that emphatically exposes the deception of the Salafi claim that it is they who represent true Islam]:“…that is the Mujtahid, assuming his existence, his duty (Farduhu) is to follow what becomes apparent to him of the Truth. As for the non-Mujtahid his duty is taqlīd.” Elsewhere having indicated in the latter the rarity of the lofty status of ijtihād, he states: “As for all other people who have not reached this level (of ijtihād), it is not allowed (lā yasau‘hu) for them but to do taqlīd of these Four Imams and to submit to that which the rest of the Ummah submitted to.” (Majmoo‘ al-Rasail Ibn Rajab, vol.2 p. 626 and p.624 respectively). [12] In the famous commentary of the treatise of Imam Ibn Abi Zayd al-Qayrawani Al-Risalah, entitled “Al-Fawākih al-Dawāni,” Imam Ahmad al-Nafrawi (died 1126 ah) also confirms the Ijma of all the scholars that following one Imam is obligatory: “The consensus of the Muslims has been established upon the obligation (Wujub) of following one of the four Imams today; Abu Ḥanīfa, Malik, Shafi and Ahmad- May Allah be pleased with them… What we explained before, in terms of the obligation of following one of the four Imams, is in relation to those who do not possess the capability of performing ijtihād.” (vol.2 p.574, Bab Fi al-Ruyah wa al-Tathāub, 1997). Download a pdf copy – link Read online:
  20. Intermittent bleeding during Nifaas Q. Kindly provide guidance on Nifaas, What do I do when I stop bleeding after a few weeks. Do I perform a Ghusl when I stop bleeding and perform salaah and when the bleeding starts again after a few days do I stop salaah and wait till it has ended and then perform Ghusl? (Question published as received) A. The maximum number of days of Nifaas (post-natal bleeding) is forty days according to Islamic Law. If the post-natal bleeding pauses within these forty days and you feel that the bleeding is over, you should take a Ghusl and perform Salaah as normal. If bleeding resumes within forty days, it will be considered that your Nifaas has extended and you will consider yourself to be in the state of Nifaas until the bleeding stops completely or it exceeds forty days. There is no Qadha for the Salaahs that you had missed during this period. However, if Nifaas occurred during Ramadaan, Qadha must be made for the missed fasts. (Raddul Muhtar, Vol: 1, Pg: 228-229 & 299) And Allah Ta’ala Knows Best Mufti Moosa Salie Confirmation: Mufti Ebrahim Desai Fatwa Department Jamiatul Ulama (KZN)
  21. Insurance for a Business Q: I purchased a business and wish to insure it. What is the Shar‘ee ruling regarding insuring one’s business? A: Insurance is haraam in Islam due to the elements of interest and gambling being found in it. One is uncertain as to whether one will be burgled in the future or not. Any transaction wherein one pays for something which is suspended upon an uncertain event is in actual fact gambling. This is the definition of gambling according to all the Ulama. In the case of gambling, one spends a certain amount of money in the hope of gaining something which is uncertain. One might lose all one's money and get nothing or one might get something more or less than what one had spent. Hence we see the element of gambling found in an insurance policy. Further, if one receives the insurance payout and one is paid more than the amount one had paid to the insurance company, then in this case the extra amount one has received is riba (interest). Hence taking out an insurance policy is impermissible in Shari'ah. And Allah Ta'ala (الله تعالى) knows best. الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَٰلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا وَأَحَلَّ اللَّـهُ الْبَيْعَ وَحَرَّمَ الرِّبَا فَمَن جَاءَهُ مَوْعِظَةٌ مِّن رَّبِّهِ فَانتَهَىٰ فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّـهِ وَمَنْ عَادَ فَأُولَـٰئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ ﴿البقرة: ٢٧٥﴾ يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنصَابُ وَالْأَزْلَامُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ ﴿المائدة: ٩٠﴾ عن جابر رضي الله عنه قال لعن رسول الله صلى الله عليه وسلم آكل الربا وموكله وكاتبه وشاهديه وقال هم سواء رواه مسلم ( مشكوٰة المصابيح ص244) عن أبي هريرة عن رسول الله صلى الله عليه وسلم قال ليأتين على الناس زمان لا يبقى أحد إلا أكل الربا فإن لم يأكله أصابه من بخاره ويروى من غباره رواه أحمد وأبو داود والنسائي وابن ماجه ( مشكوٰة المصابيح ص245) وعن عبد الله بن حنظلة غسيل الملائكة قال قال رسول الله صلى الله عليه وسلم درهم ربا يأكله الرجل وهو يعلم أشد من ستة وثلاثين زنية رواه أحمد والدراقطني وروى البيهقي في شعب الإيمان عن ابن عباس وزاد وقال من نبت لحمه من السحت فالنار أولى به ( مشكوٰة المصابيح ص245) ( إن شرط لمال ) في المسابقة ( من جانب واحد وحرم لو شرط ) فيها ( من الجانبين ) لأنه يصير قمارا قال الشامي : قوله ( ومفاده لزومه بالعقد ) انظر ما صورته وقد يقال معنى قوله لعدم العقد أي لعدم إمكانه على أن جواز الجعل فيما ذكر استحسان قال الزيلعي والقياس أن لا يجوز لما فيه من تعليق التمليك على الخطر ولهذا لا يجوز فيما عدا الأربعة كالبغل وإن كان الجعل مشروطا من أحد الجانبين اه فتأمل وبالجملة فيحتاج في المسألة إلى نقل صريح لأن ما ذكره محتمل ورأيت في المجتبى ما نصه وفي بعض النسخ فإن سبقه حل المال وإن أبى يجبر عليه اه أقول لكن هذا مخالف لما في المشاهير كالزيلعي و الذخيرة و الخلاصة و التاترخانية وغيرها من أنه لا يصير مستحقا كما مر فتدبر قوله ( من الجانبين ) بأن يقول إن سبق فرسك فلك علي كذل وإن سبق فرسي فلي عليك كذا زيلعي وكذا إن قال إن سبق إبلك أو سهمك إلخ تاترخانية قوله ( لأنه يصير قمارا ) لأن القمار من القمر الذي يزداد تارة وينقص أخرى وسمي القمار قمارا لأن كل واحد من المقامرين ممن يجوز أن يذهب ماله إلى صاحبه ويجوز أن يستفيد مال صاحبه وهو حرام بالنص ولا كذلك إذا شرط من جانب واحد لأن الزيادة والنقصان لا تمكن فيهما بل في أحدهما تمكن الزيادة وفي الآخر الانتقاص فقط فلا تكون مقامرة لأنها مفاعلة منه (رد المحتار 6/ 402) Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)
  22. Becoming An Insurance Broker Q. I am currently working in the Insurance Industry. Islamically I do ‘not know if this is a correct way of earning my Rozi. If I am correct then my question will be of no relevance but I will ask anyway. I am contemplating becoming an Insurance Broker. Would that be acceptable in our Deen? (Question published as received) A. We appreciate your question and make Dua that Allah guides you towards a suitable career and grants you a permissible and suitable job. Amin. Insurance is Haraam due to it involving Riba (interest) and Gharar (uncertainty). It is not permissible for a Muslim to be an insurance broker. Mufti Suhail Tarmahomed Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians
  23. Working for a Insurance Company and the Accounting Job Question I had two questions. (1) Would it be permissible to work as a Medical Billing/Insurance Specialist? I am interested in getting into a program to become this. I would be working at a doctor’s office and handling the patients’ insurance information, talking to med. insurance companies’ about insurance claims, etc… (2) Is it permissible to have medical insurance? If not, what should we do? If Working in this field is not permissible, I would also be interested in being and accountant and handling companies’ bills and finances. Would this be permissible? ANSWER In the name of Allah, Most Compassionate, Most Merciful, Firstly, the permissibility or otherwise of an insurance policy depends on the terms and insurance policy scheme. But leaving aside mutual insurance schemes, all the insurance policies available with the traditional insurance companies run on commercial basis have an element of interest (riba) or chancing (qimar) or both, hence, not allowed. (This has been explained in previous answers). Therefore, all forms of insurance including medical insurance will be unlawful. As far as the alternative is concerned, Islamic financial institutions offer a viable and Islamically-accepted alternative, which is takaful, a form of cooperative insurance. Details of this are available through such institutions. Secondly, to directly assist another towards involvement in the sin of riba is also unlawful and sinful. Allah Almighty says: “Help ye one another in righteousness and piety, but help ye not one another in sin and rancour.” (Surah al-Ma’idah, 2) Sayyiduna Abd Allah ibn Mas’ud (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him and give him peace) has cursed the one who accepted usury, the one who paid it, the witness to it, and the one who recorded it. (Sunan Abu Dawud: Book 22, Number 3327) In light of the above and many other Hadiths, scholars have ruled that it would be unlawful for a Muslim to accept employment in a bank or any such institution whose dealings are primarily centred on interest-based transactions, such as an insurance company. Regarding the work of an accountant, it should be understood that the meaning of “one who records it (interest)” in the aforementioned Hadith is the one who actually writes an agreement of interest or prepares the document to evidence the transaction. It does not include a person who was not involved in the transaction of Riba itself in any way, but while preparing the accounts of a business came across a Riba transaction, and records it as an event that already took place without his involvement. The great Hadith expert (hafidh), Ibn Hajr al-Asqalani (Allah have mercy on him) States: “This (the curse of Allah in the Hadith) is applicable only to a person who has supported the relevant person in the transaction of Riba and agreed to it… The reference in the Hadith is only to a person who has helped the relevant party in the transaction of Riba by writing its agreement or being a witness to it.” (Fath al-Bari, 4/314) It would therefore be generally permitted to work as an accountant. However, as a matter of precaution a Muslim should also avoid this type of recording, but it does not fall in the category of clear prohibition. (Contemporary Fatawa, 161) And Allah Knows Best [Mufti] Muhammad ibn Adam Darul Iftaa Leicester , UK Source
  24. Is Home Contents Insurance Unlawful? Question Is home contents insurance haram when living in a rented property, where carpets & curtains etc. belong to the landlord? If there was a fire, say, I could not replace such items without insurance because of the large sums involved. ANSWER In the name of Allah, Most Compassionate, Most Merciful, All prevalent forms of insurance are unlawful (haram), because they either have an element of interest (riba), gambling (qimar) or both. This was explained in detail in many earlier answers. As far as home contents insurance is concerned, the same ruling would apply. As such, it is not permitted to take out insurance for the furniture in a rented property. The premium paid to the insurance company is actually money being placed at risk. One may not receive anything in return (if nothing was to happen to the furniture), or it may bring more money with it (if damaged was caused to the furniture). This is what we call gambling. Similarly, a small amount of money is paid as premium and may bring about a larger amount in return, which is nothing but Riba. In order to save yourself from having to pay large amounts for the furniture if something was to go wrong, there are two things you can do: Firstly, have an arrangement with the landlord that you will not be responsible for any damage that was caused naturally and without you being at fault, such as fire, theft and other similar matters. Secondly, your landlord may take out an insurance cover if he wishes, and as a result he may increase your rental charge. It would be allowed for you to rent a property wherein the landlord has taken out insurance on the items and furniture. This action of his will not be attributed to you. The increased rental charge should not be considered a payment for the insurance; rather, merely a rental charge. And Allah knows best [Mufti] Muhammad ibn Adam Darul Iftaa Leicester , UK Source
  25. Conventional Insurance explained Q. Last year, I signed up with an insurance agent for a pension plan and health insurance, especially since I got badly injured a couple years ago and my parents got broke paying my medical bill. She made a convincing speech as to how beneficial they both were. I recently learned that these are haram. My imam explained to me that insurance is like a gamble and also that the interest generated is haram. I told her this on the phone that I wanted to cancel the pension plan since every month some money is coming out of my account. I already paid for the year for the health insurance. We have a small business and she tried to make a point that don’t we make a profit in our business, well that is just like the insurance company, the interest made is profit from investing in other companies, and I didn’t know how to reply to her. I understand why interest is haram, but how do I explain it to a non-Muslim? She is also a friend and customer of ours so I want to be able to explain to her without any hard feelings. Can you please advise me. In modern terms, an ‘Insurance contract is an agreement whereby one party, the insurer, in return for a consideration, the premium, undertakes to pay to the other party, the insured, a sum of money or its equivalent in kind, on the happening of a specified event, which is contrary to the insured’s financial interest’. Answer Based on contemporary Insurance experts, that which is really insured is not the items/commodities/assets which are destroyed. Instead, it is one’s financial interest that is insured. This is clearly expressed by Lord Justice Brett in the case of Castellian V. Preston-1883). He says, ‘what is it that is insured in a fire policy? Not the bricks and materials used on building the house, but the financial interest (i.e money) of the insured is the subject matter of insurance’. (Articles on Insurance by Islamic Banking and Finance Institute (UK)- pg. 56). Based on these explanations given by contemporary experts in the field of conventional Insurance, the Shariah scholars view the insurance contract as an exchange where money is being exchanged for money, over time. On one hand, the policy holder pays money in the form of premiums, and on the other hand, the Insurance Company pays a return in the form of money (with an increase) over a period of time. In Islam, this type of contract brings about the problem of Gharar (uncertainty) which leads to Maisir (gambling), and in the investments aspect, it brings about Riba (interest). All of these are totally condemned in Islam. Therefore, there are three main elements which are to be found in Conventional Insurances and become the cause for its prohibition in Islam. A brief explanation on these, are as follows:- Uncertainty (Gharar) Conventional insurance contract is basically a contract of exchange, i.e. buying and selling, whereby policy (indemnity) is sold as goods, with the premium as the price or consideration. The consideration must be certain for an exchange contract. Uncertainty (gharar) in insurance contracts pertains to ‘deliverability’ of subject matter. That is, there is the uncertainty as to:- Whether the insured will get the compensation which has been promised by the Insurance company? How much the insured will get? When will the compensation be paid? Thus, conventional insurance involves an element of uncertainty in the subject matter of the Insurance Sales Contract, which renders it void under the Islamic law. Gambling (Maisir) As expressed by contempory scholars, insurance is a contract of speculation. This has been clearly stated by Lord Mansfield in the case of Carter Vs Boehm- 1766. He says, ‘Insurance is a contract upon speculation, good faith forbids either party from concealing what he privately knows, to draw the other into a bargain, from his ignorance of that fact, and his believing to the contrary’. (Ibid). The insured loses the money paid for the premium when the insured event does not occur. The company will be in deficit if claims are higher that premium. Interest (Riba) Prohibition of Riba is central to Islamic financial ethics and law. All contracts and transactions must be free from elements of Riba. Insurance funds are invested in financial instruments which contain the element of Riba. A general overview of what has been said is that in insurance, the insured person sells his risk at a price to the counter-party, thus including an element of ‘uncertainty’ (gharar) in the contract. Under the shariah, a contract of uncertainty exists when the counter-parties do not know the nature of the counter value that they are trading. A house may burn down, costing the insurer a large sum of money, or it may not burn down in which case the insured person has paid a premium and received nothing in return. Conventional insurance is not transparent, as companies discriminate when assessing risks factors. For instance, different premiums are quoted, based on age, gender and financial status. Insurance Companies may also invest in ventures that may involve interest or some form of activity which goes against the teachings of the Shariah. Conventional insurance is not mutually beneficial, as certain individuals (share holders, for example) benefit at the expense of others. In other words, commercial insurance companies exist to serve the interest of shareholders first, not policyholders. These are some of the elements which make conventional insurance unlawful for Muslims. It should be noted however, that while declaring the mode and manner in which conventional insurance operates to be unlawful, Islam does not oppose the underlying objective of ‘Insurance’ which is Mutual help, Cooperation and joint guarantee. It also does not go against the act of taking measures against possible dangers or consequences. However, for this, Islam has its own manner of operation which is free from the prohibited elements mentioned above. In this regard, the Islamic Banking and finance industry, has recently brought about the ‘Takaful System’ which replaces the conventional concept of insurance. The Takaful (Islamic Insurance) is guided by the principles of Islam, which aims to establish a social order based on Universal brotherhood in Islam. The Prophet (SAS) clearly indicated to this when he said, ‘A Muslim is the brother of another Muslim, he neither wrongs him; nor leaves him without help; nor humiliates him’. (Muslim). And Allah knows best. Mufti Waseem Khan Source
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