Author: jknfatawa1

Medical Tatoo

jknfatawa1 Medical
Medical Tatoo

2nd February 2015

السلام عليكم و رحمة الله و بركاته

Question: I have a pigmentation on my face due to having vitiligo as a child. At present I cover it with makeup but I perform Wudu without removing it. I have been wanting to have medical tattooing done on it so it would match the colour of my skin but I am unsure if this is possible. I would be grateful if this question can be answered for me so it is clear if it is possible for me to get done. Thank you

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

Medical tattooing is a process of inserting hypo-allergenic pigments cream over the skin. It involves colour tattooing to match the colour of the skin, commonly known as skin camouflaging. This process is used to treat skin disorder such as white patches on skin, like vitiligo and other impairments such as skin burns and grafts, scarring and so on. In applying skin camouflage creams (like pigment cream) on to the skin, it helps the white patches blend in with the rest of the skin. The creams used match the natural skin colour. If patches appear on any visible parts of the body such as face, pigment cream enhances the physical appearance by reducing the appearance of the patches, burns, scars and so on. However, according to reliable experts, the application of the cream is not permanent hence, the colour of the cream eventually fades away resurfacing the patches, scars and burns.[1]

Depending on the extent of the patches on your face, I would advise you to consult your local GP whether they recommend it to you or not for medical reasons such as,  psychological distress which is effecting your daily life  due to its obvious exposure.

From an Islamic viewpoint, you must ensure that the substance applied to cover the patches allows water to penetrate through to the skin. It is essential for the water to reach the skin during wudhu and fardh ghusl, otherwise the Salāh performed in that state becomes invalid.[2] If the substance is penetrable for water and the doctor advises you to undergo such treatment then Islamically there is no harm. If it is not penetrable (or contains impure ingredients) then you must avoid it altogether and use alternative penetrable substances to cover the patches on the face.

 

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

[1]Further information on vitiligo treatment and medical tattooing procedure can be obtained by clicking on to the following links. When contacting the clinic on the following links, it is worth inquiring whether the substance contains impure ingredients or not. In the case it does then it should be avoided altogether and use pure and penetrable alternative substance.

http://www.anesis.co.uk/clinic/non-surgical/medical-tattooing/

http://www.medicaltattoosystems.com/the-equipment/

http://www.nhs.uk/Conditions/Vitiligo/Pages/Introduction.aspx

[2] Fatawa Hindiyyah, Book of Taharat, chapter on Wudhu, vol 1, p.6

فِي فَتَاوَى مَا وَرَاءَ النَّهْرِ إنْ بَقِيَ مِنْ مَوْضِعِ الْوُضُوءِ قَدْرُ رَأْسِ إبْرَةٍ أَوْ لَزِقَ بِأَصْلِ ظُفْرِهِ طِينٌ يَابِسٌ أَوْ رَطْبٌ لَمْ يَجُزْ وَإِنْ تَلَطَّخَ يَدُهُ بِخَمِيرٍ أَوْ حِنَّاءٍ جَازَ

 

Giving Jahaiz

jknfatawa1 Marriage
Giving Jahaiz

19th January 2015

السلام عليكم و رحمة الله و بركاته

Question: Could you please highlight the issue regarding the Holy Prophet sallallahu alayhi wasallam giving Hadya (gift) to Sayyidunā Ali radhiyallahu anhu at the time of Sayyidah Fātima’s radhiyallahu anha wedding?

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your question, the closest Hadeeth to your request is the report where the Messenger of Allāh sallallahu alayhi wasallam prepared (jahaza) for Sayyidah Fātima radhiyallahu anha (at the time of her marriage with Sayyidunā Ali radhiyallahu anhu and relocating them to their new accommodation) a bed sheet, pitcher and a cushion filled with leaves.[1] There is no clear mentioning of giving any gifts directly to Sayyidunā Ali radhiyallahu anhu.

Some have described this as jahaiz where the bride’s parents give some supplementary gifts when giving their daughter away in marriage. With the exception of Sayyidah Fātima radhiyallahu anha, there is no sound report where the Messenger of Allāh sallallahu alayhi wasallam did the same with his other daughters at the time of their marriage. This establishes that it was not his regular habit to do such a thing and moreover, the jahaiz for Sayyidah Fātima radhiyallahu anha and her husband were, in fact, their basic essentials because jahaiz comes from the root word ja-ha-za which means preparing one’s essentials.

So, albeit giving jahaiz at the time of giving one’s daughter away in marriage is not an emphasised Sunnah, there is no harm in gifting items generally without extravagance or coercion from anyone. The above Hadeeth cannot be used as evidence to make it an emphasised tradition nor to justify modern-day extravagance in gifts during wedding ceremonies.

           

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Sunnan Nasai, Chapter on man giving Jihaz to his daughter Hadeeth No:3384

عَنْ عَلِيٍّ، رَضِيَ اللَّهُ عَنْهُ قَالَ: «جَهَّزَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَاطِمَةَ فِي خَمِيلٍ وَقِرْبَةٍ وَوِسَادَةٍ حَشْوُهَا إِذْخِرٌ

When Does one’s Watnul Iqāmah Become Invalid?

jknfatawa1 Salah

6th January 2015

                                                                       

السلام عليكم و رحمة الله و بركاته

Question: We have an Imām in our local Masjid who is employed on a temporary basis since January 2013 and he has always been so to date. He lives in Oldham and the Masjid is in Enfield approximately 200 miles distance. At first, he used to accumulate his days off and would take them every 4 to 5 week (which qualifies him a Muqeem since he is residing at this destination more than 15 days). He would go to Oldham to his family for 3 to 4 days for his break and then return. The situation now is that since last Ramadān 2014, occasionally he has been taking his days off after every 8-12 days of his return from Oldham and would go back for his break for 2-3 days. Some people are saying this Imām, leading the prayer will not be valid because is categorised as a Musafir (traveller) we would be very grateful if you can provide us with clarification on this matter.

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to the aforementioned scenario, the person in question who has been employed as a full-time Imām in Enfield and travels to his home town, Oldham to visit his family after 8-12 days and thereafter returns back to Enfield for his Imāmat duty, still qualifies as a Muqeem. Enfield can be treated as his Watnul Iqāmah (temporary settlement), thus he is permitted to lead the local residents in Salāh.

This is due to his frequent attendance to his Imāmat duty which is essential for him. According to the general principle, Watnul Iqāmah becomes invalid by travelling a distance of 48 miles or more.[1] This is conditional but generally understood to apply in those instances where the Muqeem departs from his Watnul Iqāmah with no intention of returning because all of his needs are fulfilled. The great Hanafi jurist, Allāmah Kāsani rahimahullah explains this point that a person’s Watnul Iqāmah is his temporary abode which he resides in due to a certain necessity and once his needs are fulfilled, he does not intend to return to that same destination and inevitably abandons his Watnul Iqāmah completely. [2] This suggests that Watnul Iqāmah does not become invalid even if a person initiates journey from it covering a distance more than 48 miles with the intention of returning (frequently) due to personal necessities. Such necessities include family residing there, personal belongings, work and so forth. Such Watan falls similar to his permanent residence.

Him sojourning to Enfield for his Imāmat duty and leaving his personal belongings behind when travelling to Oldham indicates that he has not abandoned this place completely. Therefore, Enfield will remain as his Watnul Iqāmah even if he stays there less than 15 days and permitted to lead the congregational Salāh.

                  

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

 

[1] Fatawa Hindiyyah, Book of Salah, babul Khamis fi Salatil Musafir, vol p.157

(وَوَطَنُ الْإِقَامَةِ يَبْطُلُ بِوَطَنِ الْإِقَامَةِ وَبِإِنْشَاءِ السَّفَرِ وَبِالْوَطَنِ الْأَصْلِيِّ)

[2] Kasān, Badā’i Sanāi, Kitābus Salāh, Fasl fi Bayani ma Yaseerul Musafir bihi Muqeeman, vol 1, p.498

وَوَطَنُ الْإِقَامَةِ يُنْتَقَضُ بِالْوَطَنِ الْأَصْلِيِّ؛ لِأَنَّهُ فَوْقَهُ، وَبِوَطَنِ الْإِقَامَةِ أَيْضًا؛ لِأَنَّهُ مِثْلُهُ، وَالشَّيْءُ يَجُوزُ أَنْ يُنْسَخَ بِمِثْلِهِ، وَيُنْتَقَضُ بِالسَّفَرِ أَيْضًا؛ لِأَنَّ تَوَطُّنَهُ فِي هَذَا الْمَقَامِ لَيْسَ لِلْقَرَارِ وَلَكِنْ لِحَاجَةٍ، فَإِذَا سَافَرَ مِنْهُ يُسْتَدَلُّ بِهِ عَلَى قَضَاءِ حَاجَتِهِ فَصَارَ مُعْرِضًا عَنْ التَّوَطُّنِ بِهِ، فَصَارَ نَاقِضًا لَهُ دَلَالَةً

The Islamic Ruling on Castrating Cats

jknfatawa1 Lawful & Unlawful

17th December 2014

                                                                                      

السلام عليكم و رحمة الله و بركاته

Question: What is it meant by castration of cats and what is the Islamic ruling? Vets generally recommend owners to have their pet cats castrated for the cat’s safety and so to make taming of the cat manageable. I would appreciate if you could enlighten me on this issue according to the Islamic principles whether in Islām it is allowed or not.

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful 

Answer

Before discussing the Islamic view point, it is first necessary to understand how and why cats are castrated in the first place. Castration or neutering of cats (or any other animal) is a surgical operation of removing the testicles of the male cat and removal of the ovaries of a female cat. Other names associated to this surgical procedure is fixing or altering a male/female cat. This process is done under anaesthetic treatment, allowing the cat to feel less pain as possible. Veterinarians (vet doctors) recommend this as an effective means of altering the behaviour of tomcats. Those behavioural characteristics that are reduced or even eliminated because of castration are as follows; [1]

1: Sexual Behaviour – Cats seek out female cats for mating during the heat. According to experts a male cat through mating can allow a female cat to have up to three litters a year; each litter producing batch of 4-5 kittens which can become overwhelmingly burdensome for the owner. The effect of castration reduces the hormone testosterone, the masculinity behaviour in a cat. By castration, it becomes less inclined towards mating but if so, then only on one odd occasion. It cannot fertilise a female cat. Another purpose it serves is control of population, otherwise unwanted kittens may not be cared for, thus prone to developing infectious illnesses.

2: Roaming – Cats tend to roam out far away from its owner’s home at times which increases the dangers of accidents and risk of encountering other cats in a fight. Female cats roam freely seeking out male cats to mate with them. The effect of castration of male and female cats prevents roaming far away and stay closer to home, thus reducing the chances of encountering any danger or road side accidents.

3: Fighting – Cats are territorial and spray urine to mark and protect their territories. The urine often emits a strong odour smell, signalling to other cats of their marked territories. More than one cat living in one house spray their territories in the house. If one cat trespasses into another cat’s territory then they break out into a fight. Fights can also break out between male cats over mating with female cats. Cat fight can become injurious causing severe wounds to the body eventually leading to abscesses that can become life threatening if not treated and spread of FIV infection. Castration of cats causes reduction of fighting which lessens the chances of developing abscesses, severe injuries and spread of FIV infection.

Islamic Ruling on Castration of Cats

Islām is a comprehensive religion which makes it not only limited to human related affairs but also includes injunctions pertaining to animal-welfare. Amongst the objectives of the divine Shari’ah is pivoted on procuring benefit and/or repelling harm.[2]

The closest similitude ruling can be taken from castration of sacrificial animals during the era of the Messenger of Allāh sallallahu alayhi wasallam. It is reported from Sayyidunā Jābir ibn Abdullāh radhiyallahu anhu that the Messenger of Allāh sallallahu alayhi wasallam on the day of Qurbāni sacrificed two rams that were castrated.[3] The scholars explain that a castrated ram or sheep enhances the growth of the flesh in the animal (which serves as a source of benefit for humans).[4] Had it been form of mutilation or harmful for the animal then he would have surely forbidden it. On this principle, the Hanafi Fuqahā have allowed castration of cats especially if it is known to avert harmful traits such as aggressive behaviour and cat fighting which cats are likely to encounter if not castrated.[5]

 

 [Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

[1] Further information can be obtained from the following links; http://www.wardendcatrescue.org.uk/7.html

http://www.bva.co.uk/News-campaigns-and-policy/Policy/Companion-animals/Neutering/

http://www.icatcare.org:8080/advice/keeping-your-cat-healthy/neutering-your-cat

http://www.petcarepractice.com/Neuterings/Cats.html

[2] Al-Ghazāli, Al-Mustasfa, Aslur Rābi minal Usoolil Mawhoomatil Istislāh p.275

أَمَّا الْمَصْلَحَةُ فَهِيَ عِبَارَةٌ فِي الْأَصْلِ عَنْ جَلْبِ مَنْفَعَةٍ أَوْ دَفْعِ مَضَرَّةٍ، وَلَسْنَا نَعْنِي بِهِ ذَلِكَ، فَإِنَّ جَلْبَ الْمَنْفَعَةِ وَدَفْعَ الْمَضَرَّةِ مَقَاصِدُ الْخَلْقِ وَصَلَاحُ الْخَلْقِ فِي تَحْصِيلِ مَقَاصِدِهِمْ، لَكِنَّا نَعْنِي بِالْمَصْلَحَةِ الْمُحَافَظَةَ عَلَى مَقْصُودِ الشَّرْعِ

[3] Sunnan Abu Dāwood, Bāb ma Yustahabu mina Dahāya, No:2795

جَابِرٍ – رَضِيَ اللَّهُ عَنْهُ – قَالَ: «ذَبَحَ النَّبِيُّ – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – يَوْمَ الذَّبْحِ كَبْشَيْنِ أَقْرَنَيْنِ، أَمْلَحَيْنِ، مَوْجُوءَيْنِ

[4] Mirqāt, Vol 3 p.308

الْوِجَاءُ أَنْ تُرَضَّ أَيْ: تُدَقَّ أُنْثَيَا الْفَحْلِ رَضًّا شَدِيدًا يُذْهِبُ شَهْوَةَ الْجِمَاعِ، وَقِيلَ: هُوَ أَنْ يُوجَأَ الْعُرُوقُ وَالْخُصْيَتَانِ بِحَالِهِمَا، وَفِي الْقَامُوسِ: وَوُجِيَ هُوَ بِالضَّمِّ فَهُوَ مَوْجُوءٌ وَوَجِئٌ: دُقَّ عُرُوقُ خُصْيَتَيْهِ بَيْنَ حَجَرَيْنِ، وَلَمْ يُخْرِجْهُمَا، أَوْ هُوَ رُضَاضُهُمَا حَتَّى يَنْفَضِخَا أَيْ: يَنْكَسِرَا. فِي شَرْحِ السُّنَّةِ: كَرِهَ بَعْضُ أَهْلِ الْعِلْمِ الْمَوْجُوءَةَ لِنُقْصَانِ الْعُضْوِ، وَالْأَصَحُّ أَنَّهُ غَيْرُ مَكْرُوهٍ ; لِأَنَّ الْخِصَاءَ يَزِيدُ اللَّحْمَ طِيبًا

 

[5] Ibn Abideen Ash-Shami, Kitābul Hadhr wal Ibahat, Bābul Istibrā wa ghairihi, Vol 9 p.557

وَ) جَازَ (خِصَاءُ الْبَهَائِمِ) حَتَّى الْهِرَّةِ

وْلُهُ وَجَازَ خِصَاءُ الْبَهَائِمِ) عَبَّرَ فِي الْهِدَايَةِ بِالْإِخْصَاءِ، وَالصَّوَابُ مَا هُنَا كَمَا فِي النِّهَايَةِ وَهُوَ نَزْعُ الْخُصْيَةِ، وَيُقَالُ: خَصِيٌّ وَمَخْصِيٌّ ……….(قَوْلُهُ وَقَيَّدُوهُ) أَيْ جَوَازُ خِصَاءِ الْبَهَائِمِ بِالْمَنْفَعَةِ وَهِيَ إرَادَةُ سِمَنِهَا أَوْ مَنْعُهَا عَنْ الْعَضِّ.

 

Fatāwa Hindiyyah, Kitābul Karāhiyyah, Bābul Khatan wal Khasā, Vol 5 p.437

وَأَمَّا فِي غَيْرِهِ مِنْ الْبَهَائِمِ فَلَا بَأْسَ بِهِ إذَا كَانَ فِيهِ مَنْفَعَةٌ وَإِذَا لَمْ يَكُنْ فِيهِ مَنْفَعَةٌ أَوْ دَفْعُ ضَرَرٍ فَهُوَ حَرَامٌ كَذَا فِي الذَّخِيرَةِ.خِصَاءُ السِّنَّوْرِ إذَا كَانَ فِيهِ نَفْعٌ أَوْ دَفْعُ ضَرَرٍ لَا بَأْسَ بِهِ كَذَا فِي الْكُبْرَى

Can a Woman Adopt her Husband’s Family Name after Marriage?

jknfatawa1 Women

9th December 2014

السلام عليكم و رحمة الله و بركاته

Question: Some people have claimed that it is decisively prohibited for a woman to change her surname after marriage based on the Quranic verse, “Call them by [the name of] their [natural] fathers as It is more equitable in the sight of Allah” (Surah al-Ahzab 33:5). Hence, a woman must retain her maiden surname. My question is, what is the Islamic ruling in this regard? Considering the fact that it has become a tradition and custom amongst many women to adopt the surname of their husbands, is this totally prohibited or not? Please provide a detailed answer with evidences.

الجواب حامداً و مصلياً

In the name of Allah, the Most Gracious, the Most Merciful

Answer

This confusion is due to misapplication of the Qurānic and prophetic injunction on this. It is preferable for a woman to retain her original family surname after marriage otherwise changing it is not prohibited. By changing her surname or family name is simply to suggest that she is now a member of her husband’s family, not to intentionally detach her lineage from her natural parents or to conceal her true identity which was the customary practice of the Arabs in the early days before Islām. It is necessary to be acquainted with the customary practice of the society before passing a ruling so to ensure that rulings are not misapplied.

As a general principle, our Deen does not tolerate any false attribution of lineage to anyone. Imām As-Shātibi rahimahullah includes preservation of lineage as part of the primary objectives of the Shari’ah.[1] This implies that a child born to a woman is automatically attributed to its natural father to whom she is married and shares her intimate relationship with. Prior to Islām, the Arabs trivialised the practice of false attribution of lineage to intentionally conceal their real identity. Allāh Almighty abolished this deceptive practice and commanded the believers to abstain from this in the following verse,“….and He has not made your pronunciations [of sons] as your [real] sons, this is merely your statements [that you have uttered] from your mouths whereas Allāh speaks the truth and guides to towards the path. Address them by their[natural] fathers, that is more just in the sight of Allāh, but if you do not know their fathers then [they are] your brothers in Deen and your friends….”[2]

Imām Abū Bakar Jassās rahimahullah explains the backdrop incident to this verse stating that this was revealed when the Messenger of Allāh sallallahu alayhi wasallam adopted Sayyidunā Zaid Ibn Hārithah radhiyallahu anhu by attaching Zaid’s lineage to himself.[3] According to other narrations, when Sayyidunā Zaid radhiyallahu anhu was abducted and later sold in in the markets of Makkah, Sayyidah Khadeejah radhiyallahu anha purchased him and gifted him to the Messenger of Allāh sallallahu alayhi wasallam. He attached his lineage to himself by referring to him Zayd the son of Muhammad. After receiving prophethood, Allāh Almighty forbade this custom and the Messenger of Allāh sallallahu alayhi wasallam renamed him Zaid Ibn Hārithah.

The Arabs would generally identify the individual’s lineage by mentioning their father’s name next to their own e.g. Zaid Ibn Thābit, Zaid Ibn Hārithah, Muhammad Ibn Abdullāh and so forth. Because of this, it was considered mandatory to mention it all the time for identification purpose. Attributing oneself to other than their own natural fathers would mislead people of their true identity. However, the Mufasiroon (Qur’anic exegetes) explain the reasons why some Arabs during the period of Jāhiliyyah practised false attribution of lineage and the way in which they would go about it. For instance, Imām Qurtubi rahimahullah states that if someone was pleased with another person’s strength and intelligence then he would attach that individual to himself. Resultantly, they would assign a share of their inheritance to him along with his other biological children (as if he is their own natural child like the rest) and attribute him to his lineage by saying fulān Ibn fulān (so and so the son of so and so).[4] Imām Ibn Katheer rahimahullah further expounds that the adopted child was treated similar to their own biological child in every aspect such as the laws of Mahram [thus preventing him from marrying any of the family members] and [the permissibility] of remaining in privacy with other members of the house.[5] Allāh Almighty reprimanded them knowing the fact that the adopted child doesn’t belong to their lineage because he is born from someone else.[6]

It was in this respect that Allāh Almighty and His Messenger sallallahu alayhi wasallam forbade false attribution to another person, knowing that he is not part of his lineage and an act of deception. Sayyidunā Sa’d radhiyallahu anhu relates that I heard the Messenger of Allāh sallallahu alayhi wasallam say, “Whoever claims to attribute himself to other than his [natural] father, knowing that he is not his father, then Paradise will be denied to him.”[7]

The renowned Shāfi’ee Muhaddith, Imām Nawawi rahimahullah states in his commentary,

“The meaning of the words ‘claims to attribute himself to other than his father’ is that he attributes himself to him [the adopter] and takes him as his [natural] father.”[8]

To summarise the above, the adopted child was treated as similar in every aspect to that of a biological child in terms of inheritance, marriage, a mahram relative, lineage and so forth.

In contrast to today’s custom, surnames are used to identify family relations. A woman replacing her surname with her husband’s name or his family name merely suggests that she has moved into another family because of the marriage whilst simultaneously acknowledging her natural father and her lineage to him. If her father dies, she is entitled to a share of his estate but not from her deceased father-in-law. By changing her surname, her father-in-law does not legally become her biological father nor do his children become her mahram siblings.

There are isolated incidents however where a Sahābi in spite of knowing his natural father, people still addressed them with names other than their natural father’s name. For instance, Imām Qurtubi rahimahullah points out that Sayyidunā Miqdād’s biological father was Amr and yet people used to refer to him as the son of al-Aswad as in, Miqdād Ibn Aswad [and not Miqdād Ibn Amr]. Al-Aswad adopted him in Jāhiliyya but when the verse of Surat al-Ahzāb was revealed, Miqdād publicly announced to the people, “I am the son of Amr” and yet people still referred to him as Miqdād Ibn al-Aswad. So, this was not sinful nor reproachable because everyone knew who his natural father was [i.e. Amr].[9] Similar case here that in spite of a woman changing her family name, her natural father and identity is still known to others.

To conclude, it is apparent from the foregoing discussion that it is not prohibited for a woman to change her family name to her husband’s name or his family name after marriage if her real and natural father is known. If she retains her original family name after marriage then that is better, bearing in mind that changing it is not necessary nor should she be compelled to do so due to family pressure.

 

[Allãh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

[1] Al-Muwāfaq Imām As-Shātibi, Book of Maqāsid, p.8 vol 2

وَمَجْمُوعُ الضَّرُورِيَّاتِ خَمْسَةٌ، وَهِيَ: حِفْظُ الدِّينِ، وَالنَّفْسِ، وَالنَّسْلِ، وَالْمَالِ، وَالْعَقْلِ،

[2] Surah Al-Ahzāb 33, verse 4-5

[3] Ahkamul Quran, p.222 vol. 5 – Shamila

وقوله تعالى وَما جَعَلَ أَدْعِياءَكُمْ أَبْناءَكُمْ قِيلَ إنَّهُ نَزَلَ فِي زَيْدِ بْنِ حَارِثَةَ وَكَانَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَدْ تَبَنَّاهُ فَكَانَ يُقَالُ لَهُ زَيْدُ بْنُ مُحَمَّدٍ وَرُوِيَ ذَلِكَ عَنْ مُجَاهِدٍ وَقَتَادَةَ وَغَيْرِهِمَا

[4] Tafseerul Qurtubi, p. 119 vol 14 – Shamila

فَرَفَعَ اللَّهُ حُكْمَ التَّبَنِّي وَمَنَعَ مِنْ إِطْلَاقِ لَفْظِهِ وَأَرْشَدَ بِقَوْلِهِ إِلَى أَنَّ الْأَوْلَى وَالْأَعْدَلَ أَنْ يُنْسَبَ الرَّجُلُ إِلَى أَبِيهِ نَسَبًا فَيُقَالُ: كَانَ الرَّجُلُ فِي الْجَاهِلِيَّةِ إِذَا أَعْجَبَهُ مِنَ الرَّجُلِ جَلَدُهُ وَظُرْفُهُ ضَمَّهُ إِلَى نَفْسِهِ وَجَعَلَ لَهُ نَصِيبَ الذَّكَرِ مِنْ أَوْلَادِهِ مِنْ مِيرَاثِهِ وَكَانَ يُنْسَبُ إِلَيْهِ فَيُقَالُ فُلَانُ بْنُ فُلَانٍ.

[5] Tafseer Ibn Katheer, p.3777 vol 6 – Shamila

وَقَدْ كَانُوا يُعَامِلُونَهُمْ مُعَامَلَةَ الْأَبْنَاءِ مِنْ كُلِّ وَجْهٍ، فِي الْخَلْوَةِ بِالْمَحَارِمِ وَغَيْرِ ذَلِكَ

[6] Ibid

يَعْنِي: تَبَنِّيكُمْ لَهُمْ قَوْلٌ لَا يَقْتَضِي أَنْ يَكُونَ ابْنًا حَقِيقِيًّا، فَإِنَّهُ مَخْلُوقٌ مِنْ صُلْبِ رَجُلٍ آخَرَ

 

[7] Saheeh Muslim, no:114, Ch.of the state of Iman of a person who averts from his father whilst knowing

مَنِ ادَّعَى أَبًا فِي الْإِسْلَامِ غَيْرَ أَبِيهِ، يَعْلَمُ أَنَّهُ غَيْرُ أَبِيهِ، فَالْجَنَّةُ عَلَيْهِ حَرَامٌ

[8] Minhaj Sharhul Muslim, p.57

 

[9] Tafser Qurtubi, p.119 vol 14-Shamila

. وَلَا يَجْرِي هَذَا الْمَجْرَى مَا غَلَبَ عَلَيْهِ اسْمُ التَّبَنِّي كَالْحَالِ فِي الْمِقْدَادِ بْنِ عَمْرٍو فَإِنَّهُ كَانَ غَلَبَ عَلَيْهِ نَسَبُ التَّبَنِّي فَلَا يَكَادُ يُعْرَفُ إِلَّا بِالْمِقْدَادِ بْنِ الْأَسْوَدِ فَإِنَّ الْأَسْوَدَ بْنَ عَبْدِ يَغُوثٍ كَانَ قَدْ تَبَنَّاهُ فِي الْجَاهِلِيَّةِ وَعُرِفَ بِهِ. فَلَمَّا نَزَلَتِ الْآيَةُ قَالَ الْمِقْدَادُ: أَنَا ابْنُ عَمْرٍو وَمَعَ ذَلِكَ فَبَقِيَ الْإِطْلَاقُ عَلَيْهِ. وَلَمْ يُسْمَعْ فِيمَنْ مَضَى مَنْ عَصَى مُطْلِقَ ذَلِكَ عَلَيْهِ وَإِنْ كَانَ مُتَعَمِّدًا.

Using Hand Sanitizers

jknfatawa1 Miscellaneous

10th November 2014

 

السلام عليكم و رحمة الله و بركاته

Question: What is the Islamic ruling on using alcohol based sanitizers which according to experts, is an effective anti-bacteria as well as a disinfecting substance preventing the transmission of disease?

  

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

Hand sanitizers or hand antiseptics are used as an alternative to hand washing with soap and water. Most of the sanitizers come in various forms such as liquids, foam and gel and contain around 70-80% ethanol alcohol combined. Alcohol free sanitizers are even available but not as common as alcohol-based ones, because alcohol-based sanitizers are considered to be more effective in killing germs quicker compared to non-alcohol based ones and moreover, it enhances hygiene. [1] This is why they are more popular in hygienic environments such as hospitals.

 The Islamic Ruling on Alcohol based Sanitizers

The ethanol alcohol contained in hand sanitizers is generally the denatured form and is the result of chemical process. It is therefore pure and can be used as a disinfectant product to eliminate germs. They are generally provided in hospitals so to uphold hygiene especially when coming in contact with patients. One can also apply the rule of Umoom Balwa (public predicament) which according to the classical jurists is a justification for allowing leniency in rulings.

A renowned contemporary Jurist, Shaykh Mufti Taqi Uthmani states;

“The explanation given regarding alcohol that intoxicates, the usage of which has become prevalent today used commonly in medicines, perfumes and other products. (The ruling of such products is) if it (the alcohol ingredient) is extracted from grapes and dates then it cannot be regarded as permissible or pure. However, if it is from other than them (i.e. grapes and dates) then the view of Imām Abū Haneefah rahimahullah and Imām Abū Yūsuf rahimahullah can be taken, in that it is not unlawful to use it for medication or any other legitimate reasons so long as it does not reach to the level of intoxication.”[2]

Some have stated that once the gel, liquid or foam is rubbed on to the hand, it dries within 30-40 seconds, which arguably causes the alcohol to evaporate into the air. If this is the case, then the question of prohibition and impurity would not arise at all.

In summary, there is no harm in rubbing ethanol based hand-sanitizers on to the hands and due to its purity washing the hands before reading Salāh is not necessary.

 

[Allãh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

[1] https://healthfully.com/274406-the-effectiveness-of-ethanol-hand-sanitizers.html

 

[2] Takmilah Fathul Mulhim vol 3 p.608

Performing Salāh on a Plane

jknfatawa1 Salah

15th October 2014

السلام عليكم و رحمة الله و بركاته

Question: What is the Islamic ruling on performing Salāh whilst travelling on a plane? Scholars state that the surface upon which Sujūd is made must be rigid which is only attained by making Sujūd on the Earth. Hence, according to this principle, making Sujūd on plane would not suffice as one is not making Sujūd on the Earth. So what do contemporary scholars say regarding this matter? Lastly, if performing Salāh is valid, then what is the ruling on facing the Qiblah and sitting whilst praying?

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

To begin with, the classical jurists have stipulated three conditions for sujūd;

  1. Placing the forehead on to the ground.
  2. When making sujūd, the forehead remains firm on the ground or whatever fulfils the similar function as the ground.
  3. To feel the rigidness of the surface upon which sujūd is made.

The primary issue to note is that sujūd must be made on a solid and hard surface whereby the forehead does not slip or wobble during sujūd.[1] So for instance, it is permissible to make sujūd on a piece of cloth or a mat placed on the ground whereby one feels the rigidness of the ground. So the statement ‘sujūd on Earth’ is not to be taken literal, but simply to suggest that sujūd should be made on a rigid surface so that the forehead remains firm. This can be understood from the great Hanafi jurist, Allāma Ibn Nujaym’s rahimahullah statement, “And the principle is that just as sujūd is permitted on the Earth, it is also permissible [to make sujūd] upon anything that implies [in its rigidness] to the Earth in which the forehead feels its rigidity and remains firm on it [and does not wobble]…”[2] Shaykh Khālid Saifullāh Rahmāni explains that stipulation of ‘Earth’ was merely a coincidental stipulation and not a necessary one. What is necessary is the surface to be rigid when the forehead comes in contact with it during Sujūd.[3]

Since aero-planes is relatively a new invention that never existed in those days, adopting the literal application (i.e. Earth) as a necessary condition and ruling out the validity of Salāh on this basis is problematic. It will lead to difficulty as in resulting many Salāh’s becoming Qadha especially when one is capable of performing them. Therefore, performing Salāh on a plane is permissible because the basic requirement of Sujūd namely the rigidness of the surface is fulfilled.

Facing the Qiblah

The obligation of facing the Qiblah also applies whilst being airborne in a plane. One must first determine the Qiblah direction through mere estimation.[4] The jurists state that the direction of Qiblah is not only confined to the Earth but stretches up to the seven heavens.[5] If the plane happens to divert from the direction of Qiblah whilst performing Salāh, then one must turn towards its direction in Salāh.

A similitude case is reading Salāh on a sailing ship that diverts from the direction of Qiblah whilst performing it. If one is unable to face the Qiblah direction due to some genuine reason, for instance, illness and so on, then it is permissible to face whichever direction is convenient. Similarly in a plane as well.[6] 

Standing or Sitting?

The similar rulings of performing Salāh on a sailing ship also applies to plane. In this case, according to the preferred view of the Hanafi School, it is obligatory to stand and perform Salāh. One must not resort to sitting whilst praying unless due to genuine circumstances such as dizziness, illness, pain in the leg or any valid reason not allowing one to make sujūd except by mere gesture.[7]

 

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Ibn Ābideen Shāmi, Kitābus Salāh Bahth Ruku wa Sujūd, vol 2 p.134

(قَوْلُهُ وَمِنْهَا السُّجُودُ) هُوَ لُغَةً: الْخُضُوعُ قَامُوسٌ، وَفَسَّرَهُ فِي الْمُغْرِبِ بِوَضْعِ الْجَبْهَةِ فِي الْأَرْضِ. وَفِي الْبَحْرِ: حَقِيقَةُ السُّجُودِ وَضْعُ بَعْضِ الْوَجْهِ عَلَى الْأَرْضِ مِمَّا لَا سُخْرِيَةَ فِيهِ

Ibn Ābideen Shāmi, Kitābus Salāh Bāb Sifat Salāh, vol 2 p.206

أَمَّا إذَا كَانَ) الْكَوْرُ (عَلَى رَأْسِهِ فَقَطْ وَسَجَدَ عَلَيْهِ مُقْتَصِرًا) أَيْ وَلَمْ تُصِبْ الْأَرْضُ جَبْهَتَهُ وَلَا أَنْفَهُ عَلَى الْقَوْلِ بِهِ (لَا) يَصِحُّ لِعَدَمِ السُّجُودِ عَلَى مَحَلِّهِ وَبِشَرْطِ طَهَارَةِ الْمَكَانِ وَأَنْ يَجِدَ حَجْمَ الْأَرْضِ وَالنَّاسُ عَنْهُ غَافِلُونَ

(قَوْلُهُ وَأَنْ يَجِدَ حَجْمَ الْأَرْضِ) تَفْسِيرُهُ أَنَّ السَّاجِدَ لَوْ بَالَغَ لَا يَتَسَفَّلُ رَأْسَهُ أَبْلَغَ مِنْ ذَلِكَ، فَصَحَّ عَلَى طُنْفُسَةٍ وَحَصِيرٍ وَحِنْطَةٍ وَشَعِيرٍ وَسَرِيرٍ وَعَجَلَةٍ وَإِنْ كَانَتْ عَلَى الْأَرْضِ لَا عَلَى ظَهْرِ حَيَوَانٍ كَبِسَاطٍ مَشْدُودٍ بَيْنَ أَشْجَارٍ

[2] Ibn Nujaym, Bahr Rāiq, Kitābus Salāh, Bāb Sifat Salāh, vol 1 p. 558

وَالْأَصْلُ كَمَا أَنَّهُ يَجُوزُ السُّجُودُ عَلَى الْأَرْضِ يَجُوزُ عَلَى مَا هُوَ بِمَعْنَى الْأَرْضِ مِمَّا تَجِدُ جَبْهَتُهُ حَجْمَهُ وَتَسْتَقِرُّ عَلَيْهِ

[3] Jadeed Fiqhi Masā’il vol 1, p.134

[4] This information can be obtained by the navigational map of the journey which appears on the T.V screens

[5] Durrul Mukhtār wa hashiyah Ibn Ābideen Shāmi, Kitābus Salāh Bāb Shuroot Salāh vol 2 p.109

(وَالْمُعْتَبَرُ) فِي الْقِبْلَةِ (الْعَرْصَةُ لَا الْبِنَاءُ) فَهِيَ مِنْ الْأَرْضِ السَّابِعَةِ إلَى الْعَرْشِ

[6] Ibn Ābideen Shāmi, Kitābus Salāh Bāb Salāhtul-Mareedh vol 2 p. 573

وَيَلْزَمُ اسْتِقْبَالُ الْقِبْلَةِ عِنْدَ الِافْتِتَاحِ وَكُلَّمَا دَارَتْ

Al-Fiqh Al Madhahibil Arb’a Mabhath Salātill Fardh Fi Safeenat, vol 1 p.187

من أراد أن يصلي في سفينة فرضاً أو نفلاً فعليه أن يستقبل القبلة متى قدر على ذلك، وليس له أن يصلي إلى غير جهتها، حتى لو دارت السفينة وهو يصلي، وجب عليه أن يدور إلى جهة القبلة حيث دارت، فإن عجز عن استقبالها صلى إلى جهة قدرته، ويسقط عنه السجود أيضاً إذا عجز عنه، ومحل كل ذلك إذا خاف خروج الوقت قبل أن تصل السفينة أو القاطرة إلى المكان الذي يصلي فيه صلاة كاملة، ولا تجب عليه الإعادة، ومثل السفينة القطر البخارية البرية. والطائرات الجوية. ونحوها.

[7] Zuhayli, Fiqhul Islami wa adillatihu, Kitābus Salāh, Salāt fi Safeenat wa mithliha Ta’irati wa Sayyārati, vol 2 p.60

تجوز صلاة الفريضة في السفينة والطائرة والسيارة قاعداً، ولو بلا عذر عند أبي حنيفة، ولكن بشرط الركوع والسجود.وقال الصاحبان: لا تصح إلا لعذر، وهو الأظهر. والعذر كدوران الرأس، وعدم القدرة على الخروج.ويشترط التوجه للقبلة في بدء الصلاة، ويستدير إليها كلما استدارت السفينة، ولو ترك الاستقبال لا تجزئه الصلاة، وإن عجز عن الاستقبال يمسك عن الصلاة حتى يقدر على الإتمام مستقبلاً.

Mother Passed Away and then the Father. How should their Estate be Distributed?

jknfatawa1 Inheritance

11th September 2014

السلام عليكم و رحمة الله و بركاته

Question: Both of my parents passed away. My mother died first in February 2008, leaving behind her husband (my father), her mother, 3 sons and 3 daughters (which is us, siblings). My father then died in December 2009 leaving behind 4 sons (my stepbrother) and 3 daughters. My stepmother no longer exists so kindly explain to us the Shar’ee method of estate distribution in this scenario.

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your case scenario, the deceased’s estate will be distributed according to the Islamic principles after primarily fulfilling all funeral expenses, clearing all outstanding debt(s) and executing one-third of the will (only if the deceased bequeathed it that is).

You mentioned that the wife (i.e. your mother) passed away prior to her husband’s death (i.e. your father). If this is the case and these were the existing members at the time then the allocated shares for her beneficiaries will be as follows;

  1. Deceased Wife – her estate will be divided by 108 parts
Eligible Beneficiaries Share Stipulation According to the Shari’ah Share
Husband ¼ (one-quarter) 27
Mother 1/6th (one-sixth) 18
Son 1  

 

Son receives double the share of a daughter = 9 shares

 

 14
Son 2 14
Son 3 14
Daughter 1 7
Daughter 2 7
Daughter 3 7
  Total 108

 

The total asset will initially be divided by 108 and then this figure will be multiplied by the total share of each beneficiary to give you each inheritor’s entitlement.

  1. Deceased Husband – His entitlement from his deceased wife’s estate will be included as part of his estate if it remained with him until his death. If the following members existed at the time of the husband’s death then his estate, (including his entitlement of share) will be divided into 11 parts after primarily fulfilling all funeral expenses, clearing all outstanding debt(s) and executing one-third of the will (only if he bequeathed it that is). Your step brother will inherit only if he is your father’s biological son.
Eligible Beneficiaries Stipulated by the Shari’ah Share
Son 1  

 

Son receives double the share of a daughter = 11 shares

 2
Son 2 2
Son 3 2
Son 4 2
Daughter 1 1
Daughter 2 1
Daughter 3 1
  Total 11

 

The same formula will apply in this case as explained above to give you each inheritor’s entitlement in the form of cash.

 

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Applying Make up to Cover Spots

jknfatawa1 Women
Applying Make up to Cover Spots

3rd August 2014

 

Question: Can a woman apply light make-up for the purpose of covering spots and scars?

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

 

Answer

It would be permissible for a married woman to apply make-up to cover the scars on her face with the intention to seek pleasure from her husband as long as the application of such makeups doesn’t contain unlawful ingredients[1] nor does it prevent water from penetrating the skin when performing wudhu.

 

 

[Allãh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] An example of a lawful ingredient is carmine – cochineal bug extract

What if you don’t know the Du’ā of Janazah?

jknfatawa1 Death (Janazah)

1st August 2014

 

السلام عليكم و رحمة الله و بركاته

Question: If you don’t know the recommended dua’s what must you recite in the Janaza?

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

 

Answer

Janazah Salāh has been prescribed in order to seek forgiveness on behalf of the deceased person. It is highly recommended to memorize and recite those Du’as that have been prescribed from the Sunnah in order to attain the complete reward. If a person does not know the prescribed Du’a then one may recite whatever Du’a he knows from the Qur’an and Sunnah relating to seeking forgiveness for the deceased person and for the entire Muslim Ummah. If a person remained silent and did not recite any Du’a, though the Janazah Salāh will still be valid, the complete reward shall not be attained for omitting the Sunnah.

 

[Allãh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department