Author: jknfatawa1

Performing Janazah Twice

jknfatawa1 Death (Janazah)

1st August 2014

 

السلام عليكم و رحمة الله و بركاته

Question: After the Janaza has been performed on the deceased and the body has been sent abroad should /could they perform janaza again?

 

الجواب حامداً و مصلياً

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

 

Answer

The Fuqaha (classical Muslim Jurists) have made it explicit that the burial of the deceased’s body must take place in the same burial ground of the deceased. He must be buried in the closes cemetery within the region. To transport the deceased’s body abroad without a valid excuse is disallowed (Makrooh-e-Tahreemi) (Radul-Muhtar).

Mere fulfilment of one’s wishes to be buried abroad is not a valid Shar’ee reason. If it is not permissible to transport the body abroad then the question of reading the second Janazah does not arise at all.

 

[Allãh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Janazah of an Adult, Boy and Girl

jknfatawa1 Death (Janazah)
Janazah of an Adult, Boy and Girl

1st August 2014

 

السلام عليكم و رحمة الله و بركاته

 

Question: If  the Janaza of the deceased is an adult, boy and girl which Du’ā must you recite?

الجواب حامداً و مصلياً

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

 

Answer

If all three are present for one funeral prayer i.e. An adult, a minor boy and a minor girl then you must recite all three du’as of Janazah i.e. Dua Janazah, Du’a Janazah for a boy and for a girl. This is because the Janazah Du’a has been prescribed for the deceased person/s and if the bodies consist of adult and minor children than all the Janazah Du’a must be read.

 

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

Ruling on Smoking

jknfatawa1 Lawful & Unlawful

1st August 2014

 

السلام عليكم و رحمة الله و بركاته

Question: Is smoking Harām and where is the evidence.

 

الجواب حامداً و مصلياً

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

 

Answer

Smoking is classed as Makrooh-e-Tahreemi which implies prohibition but lesser degree to Harām, (although some have classed it as outright Harām). There is no categorical evidence in the Holy Qur’ān regarding smoking simply because this did not exist during the time of the Messenger of Allāh sallallahu alayhi wasallam and the generation that followed. Therefore, in light of the teachings of the Holy Qur’ān and Sunnah, smoking violates many of the Shar’ee principles, some of which are as follows;

 

1: Damaging one’s health— Smoking is associated with many health risks and illnesses. The Shar’ee perspective in relation to the body is that it is sacred which demands safe guarding from any harmful substance. This body ultimately belongs to Allāh Almighty entrusted to human beings to bear the responsibility of utilizing it in the correct manner and not to commit any act which would harm or violate the sanctity of the body. By smoking, it violates the sanctity of the body by causing unnecessary harm to it. Allāh Almighty states, “And do not cast yourself into destruction with your own hands.” (Surah al-baqarah 2:195). Although this verse was revealed in relation to a particular incident, however its application is general, which is not to cause unnecessary harm to one-self.

 

2: Squandering of money— To squander one’s wealth on that which is neither beneficial and causes more harm to a person than benefit is part of extravagance. The Holy Qur’ān and Sunnah have clearly prohibited this. A person purchasing cigarettes almost everyday is squandering his wealth upon that which will cause more harm to his body than benefit. The Holy Qur’ān states, “And do not waste, for Allāh does not love those who waste” (Surah al-Anām 6:141). The Holy Prophet sallallahu alayhi wasallam said, “Verily Allāh has prohibited for you disobedience towards parents, burying daughters alive, to deny what you owe and demand what you have no right to and has disliked for you gossip, excessive questioning  and the squandering of wealth.” (Bukhāri, Muslim)

The above was to point out the main reasons why it is prohibited otherwise there are many reasons as to why smoking has been prohibited in Islām.

 

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Gums Bleeding Whilst Fasting

jknfatawa1 Fasting

29th June 2014

 

السلام عليكم و رحمة الله و بركاته

 Question: Due to gum disease you have constant bleeding gums, while you are fasting you wake up with the taste of blood in your throat is your fast valid?

 

الجواب حامداً و مصلياً

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

 

Answer:

If one is able to taste the blood in the throat then this will invalidate the fast if the blood has travelled down the throat into the stomach. However, if a person somehow drew out the blood from the throat without it reaching to the stomach then the fast will not break. This is because for the fast to break, it is conditional that the blood reaches the stomach. If the blood was mixed with one’s saliva then there are two possible scenarios;

1: If the blood is either equal or more than the saliva then the fast will break. At this point, one is now able to taste the blood in the throat.

2: If the saliva dominates the blood then the fast will not break.

Allamah Haskafi rahimahullah (a renown Hanafi Jurist) states;

“…or blood came out between his teeth and entered his throat and did not reach to his stomach (then it will not nullify the fast). But if it did reach (the stomach) and the blood dominated (the saliva) or equal amount to it then it will break otherwise not unless he feels the taste.” (p 145)

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Leading Salāh Standing Inside the Mihrāb

jknfatawa1 Salah

18th April 2014

 

السلام عليكم و رحمة الله و بركاته

Question: Is it permissible for the Imām to stand inside the Mihrāb when the congregation prayer grows and there is no space for them?

 

الجواب حامداً و مصلياً

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

Answer: The Fuqahā have stated that without a valid reason it is Makrooh (disliked) for the Imām to stand and lead the congregational Salāh whilst standing inside the Mihrāb (arch). However, due to congestion and limited space if the Imām stands inside the Mihrāb then it would not become Makrooh.

It is stated in Fatāwa Hindiyyah (an encyclopedia of Islamic jurisprudence based on the Hanafi School of Thought);

“It is Makrooh for the Imām to stand by himself in the Mihrāb, but it is not Makrooh prostrating in it when standing outside the Mihrāb …However ,if the Masjid is constraining for those (reading) behind the Imām then there nothing wrong for him (Imām) to stand inside the Mihrāb.” (Vol 1. p.120)

 

 

[Allãh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Estate Distribution Between Three Sons and Two Daughters

jknfatawa1 Inheritance

5th April 2014

السلام عليكم و رحمة الله و بركاته

 Question: My mother passed away leaving behind three sons and two daughters only. My father passed away long before my mother. Total asset she left behind was £37,500. Kindly distribute his estate according to the Islamic principles.  

الجواب حامداً و مصلياً

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

If the total amount mentioned in your query remains after accomplishing all funeral expenses, clearing all outstanding debts and execution one-third of the deceased’s will (in the case she made one), then the above stipulated amount will be distributed according to the Islamic principles as follows;

The total estate will be divided by 8 shares from which a son will inherit double the share of a daughter.

£37,500 divided by 8 shares = £4,687.50

Inheritors Share Amount
Son 1 2 £4,687.50 x 2= £9,375
Son 2 2 £4,687.50 x 2= £9,375
Son 3 2 £4,687.50 x 2= £9,375
Daughter 1 1 £4,687.50
Daughter 2 1 £4,687.50
  Total Shares: 8 Total: £37,500

                                               

[Allãh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Financial Expenses

jknfatawa1 Marriage
Financial Expenses

4th April 2014

السلام عليكم و رحمة الله و بركاته

Question: I am in need of guidance regarding a particular problem I have. My husband’s income is sufficient to cover the household bills, half house payment and car costs and prior to us marrying some 18 years ago, he agreed that I could continue working if I wished after marriage and this helped with mine and the house expenses (my clothing, car) the children’s clothes, items, school costs, dinners, house furnishings etc. Regarding Islamic ruling of a wife ‘taking’ from a husband’s property if he is not maintaining her and the children’s expenses like school fees, would I be able to do this here?

الجواب حامداً و مصلياً

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

Answer

According to the Islamic principle, it is the husband who is primarily responsible to financially support and maintain the home and family essentials, adequate for living. Even though the wife has arranged alternative financial means for herself (e.g. through employment), she is not obliged to contribute financially and the husband must still financially support her and his children.[1] Other than basic food, clothing and a reasonable standard accommodation, paying off house hold bills, rental accommodation and children’s fee, all come under financial obligation, which the husband must initially provide.

If he allowed you to continue working after marriage and the financial contribution was divided between you both, as in, there was mutual agreement between both of you as to who will take financial responsibility in specific areas, then you must fulfil it within your capacity and abide by the initial agreement.

This being the case then you cannot take from him without his consent any additional money for that which you already agreed to contribute. You may however, take without his consent the necessary amount to pay off what he agreed to contribute when he fails to fulfil his part of agreement. [2]   

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Fatawa Hindiyyah, Book of Talaq, Chapter on Expenses,  p. 568 vol 1

الْفَصْلُ الْأَوَّلُ فِي نَفَقَةِ الزَّوْجَةِ تَجِبُ عَلَى الرَّجُلِ نَفَقَةُ امْرَأَتِهِ الْمُسْلِمَةِ وَالذِّمِّيَّةِ وَالْفَقِيرَةِ وَالْغَنِيَّةِ

[2] Bukhari, Chapter of a man who does not spend then his wife can take what suffices her, Hadeeth No: 5364

Sayyidah A’isha (ra) relates, “Hind Bint Utbah (ra) said, ‘O Messenger of Allah (saw), verily Abu Sufyan (her husband) is a stingy man and does not give me what suffices for me and my child except what I take from him whilst he does not know of it (i.e. what I take without seeking his permission).’ He said,’ Take what suffices for you and your child (but) with kindness.’”   

Estate Distribution Between Mother, Wife, a Son and four Daughters

jknfatawa1 Inheritance

4th April 2014

السلام عليكم و رحمة الله و بركاته

Question: My father passed away leaving behind a wife, mother, a son and four daughters. The total asset he left behind is £225,000. Kindly distribute his estate according to the Islamic principles.  

الجواب ح

امداً و مصلياً

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

In reference to your case scenario, if the amount specified in your query remains after fulfilling all funeral expenses, clearing all outstanding debts and executing one-third of the deceased’s will (in the case he made one), then their respective estate will be distributed according to the Islamic principles which as follows;

The total estate of your Deceased Father – £225,000

Wife: 1/8th of the share

Mother: 1/6th of the share

Son & 4 daughters: 6 shares – The son inheriting double the share of a daughter

The total estate will be divided by 144 shares. View the following table

225,000 divided by 144 shares = £1562.50

 

Beneficiaries Share Amount
Wife 18 18 x £1562.50 = £28,125.00
Mother 24 24 x £1562.50 = £37,500
Son 34 34 x £1562.50 = £53,125.00
Daughter 1 17 17 x £1562.50 = £26,562.50
Daughter 2 17 17 x £1562.50 = £26,562.50
Daughter 3 17 17 x £1562.50 = £26,562.50
Daughter 4 17 17 x £1562.50 = £26,562.50
  Total Shares: 144 Total: £225,000

 

[Allãh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Wife Taking Money from her Husband without His Consent

jknfatawa1 Marriage
Wife Taking Money from her Husband without His Consent

4th April 2014

السلام عليكم و رحمة الله و بركاته

 Question: I am in need of guidance regarding a particular problem I have. My husband’s income is sufficient to cover the household bills, half house payment and car costs and prior to us marrying some 18 years ago, he agreed that I could continue working if I wished after marriage and this helped with mine and the house expenses (my clothing, car) the children’s clothes, items, school costs, dinners, house furnishings etc. Regarding the Islamic ruling of a wife ‘taking’ from a husband’s property if he is not maintaining her and the children’s expenses like school fees, would I be able to do this here?

الجواب حامداً و مصلياً

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

Answer

According to the Islamic principles, it is the husband who is primarily responsible to financially support and maintain the home and family essentials, adequate for living. Even though the wife has arranged alternative financial means for herself (e.g. through employment), she is not obliged to contribute financially and the husband must still financially support her and his children.[1] Other than basic food, clothing and reasonable standard accommodation, paying off household bills, rental accommodation and children’s fee, all come under financial obligation, which the husband must initially provide.

If he allowed you to continue working after marriage and the financial contribution was divided between you both mutually, as in, you both allocated financial responsibilities between yourselves, then you must fulfil your part of the agreement within your capacity.

That being the case, you cannot take from him without his consent any additional money for that which you already agreed to contribute to. You may, however, take without his consent the necessary amount to pay off what he agreed to contribute towards upon failing to fulfil his part of the agreement. [2]

 

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Fatawa Hindiyyah, Book of Talaq, Chapter on Expenses, p. 568 vol 1

الْفَصْلُ الْأَوَّلُ فِي نَفَقَةِ الزَّوْجَةِ تَجِبُ عَلَى الرَّجُلِ نَفَقَةُ امْرَأَتِهِ الْمُسْلِمَةِ وَالذِّمِّيَّةِ وَالْفَقِيرَةِ وَالْغَنِيَّةِ

[2] Bukhari, Chapter of a man who does not spend then his wife can take what suffices her, Hadeeth No: 5364

Sayyidah A’isha (ra) relates, “Hind Bint Utbah (ra) said, ‘O Messenger of Allah (saw), verily Abu Sufyan (her husband) is a stingy man and does not give me what suffices for me and my child except what I take from him whilst he does not know of it (i.e. what I take without seeking his permission).’ He said,’ Take what suffices for you and your child (but) with kindness.’”  

Non-Muslims Contributing Funds Towards Islamic Projects

jknfatawa1 Zakat & Charity

4th April 2014

 

السلام عليكم و رحمة الله و بركاته

Question: If a Non-Muslim contributes funding towards an Islamic project (e.g. Masjid) or for any needy Muslim or sending any person for Umrah, then is it permissible to accept it?

الجواب حامداً و مصلياً

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

Answer

According to the mainstream view of the Hanafi Fuqaha, it is not mandatory for a donor towards a noble cause; Islamic project such as masjid or spending on the poor and needy Muslims, to be Muslim. A Non-Muslim’s donation can be accepted if he considers such an act rewarding for him provided that he does not spend from such earnings considered unlawful in Islām for instance income by selling alcohol.[1] Moreover, such donation does not involve interfering in the management of the Islamic project.[2]

However, the ruling is different if a Non-Muslim sponsors a Muslim to perform Umrah or Hajj. The general view is that it is not permissible to accept funds from him to perform acts of worship as they are generally not acknowledged as rewarding for them. A sponsor for such a cause must be a Muslim.[3]

 

[Allāh Knows Best]          

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Ibn Nujaim, Bahr Raiq, Book of Waqf p. 316 vol 5

وَأَمَّا الْإِسْلَامُ فَلَيْسَ مِنْ شَرْطِهِ فَصَحَّ وَقْفِ الذِّمِّيِّ بِشَرْطِ كَوْنِهِ قُرْبَةً عِنْدَنَا وَعِنْدَهُمْ كَمَا لَوْ وَقَفَ عَلَى أَوْلَادِهِ أَوْ عَلَى الْفُقَرَاءِ أَوْ عَلَى فُقَرَاءِ أَهْلِ الذِّمَّةِ فَإِنْ عَمَّمَ جَازَ الصَّرْفُ إلَى كُلِّ فَقِيرٍ مُسْلِمٍ أَوْ كَافِرٍ

Tabyeen Haqaiq Commentry of Bahr Raiq

وَأَمَّا الْإِسْلَامُ فَلَيْسَ بِشَرْطٍ فَلَوْ وَقَفَ الذِّمِّيُّ عَلَى وَلَدِهِ وَنَسْلِهِ وَجَعَلَ آخِرَهُ لِلْمَسَاكِينِ جَازَ وَيَجُوزُ أَنْ يُعْطِيَ الْمَسَاكِينَ الْمُسْلِمِينَ وَأَهْلَ الذِّمَّةِ

[2] Imam Abu Bakr Jassas, Ahkamul Qur’an p. 278 vol 4

فَاقْتَضَتْ الْآيَةُ (مَا كَانَ لِلْمُشْرِكِينَ أَنْ يَعْمُرُوا مَسَاجِدَ اللَّهِ) مَنْعَ الْكُفَّارِ مِنْ دُخُولِ الْمَسَاجِدِ وَمِنْ بِنَائِهَا وَتُوَلِّي مَصَالِحِهَا وَالْقِيَامِ بِهَا لِانْتِظَامِ اللَّفْظِ لِلْأَمْرَيْنِ

[3] Ibn Abideen Shami (ra), Raddul Muhtar, Book of Waqf, Waqf established with necessity, p. 524 vol 6

لَوْ وَقَفَ الذِّمِّيُّ عَلَى حَجٍّ أَوْ عُمْرَةٍ مَعَ أَنَّهُ لَا يَصِحُّ وَلَوْ أَجْرَى الْكَلَامَ عَلَى ظَاهِرِهِ لَا يَدْخُلُ فِيهِ وَقْفُ الذِّمِّيِّ عَلَى الْفُقَرَاءِ لِأَنَّهُ لَا قُرْبَةَ مِنْ الذِّمِّيِّ، وَلَوْ حُمِلَ عَلَى أَنَّ الْمُرَادَ مَا كَانَ قُرْبَةً فِي اعْتِقَادِ الْوَاقِفِ يَدْخُلُ فِيهِ وَقْفُ الذِّمِّيِّ عَلَى بِيعَةٍ مَعَ أَنَّهُ لَا يَصِحُّ فَنُعَيِّنُ أَنَّ هَذَا شَرْطٌ فِي وَقْفِ الْمُسْلِمِ فَقَطْ، بِخِلَافِ الذِّمِّيِّ لِمَا فِي الْبَحْرِ وَغَيْرِهِ أَنَّ شَرْطَ وَقْفِ الذِّمِّيِّ أَنْ يَكُونَ قُرْبَةً عِنْدَنَا وَعِنْدَهُمْ كَالْوَقْفِ عَلَى الْفُقَرَاءِ أَوْ عَلَى مَسْجِدِ الْقُدْسِ بِخِلَافِ الْوَقْفِ عَلَى بِيعَةٍ فَإِنَّهُ قُرْبَةٌ عِنْدَهُمْ فَقَطْ أَوْ عَلَى حَجٍّ أَوْ عُمْرَةٍ فَإِنَّهُ قُرْبَةٌ عِنْدَنَا فَقَطْ