‘HAVE TO DIVORCE’ WILL THIS AFFECT THE MARRIAGE.

Question:

As Salaam Alaikum,

1) Will a man’s statement “have to  divorce” constitute as divorce?
2) Will the statement above constitute as divorce if spoken with  intention of divorce?

Answer:

Wa Alaikum As Salaam,

  1. The statement ‘have to divorce’ speaks about that which is yet to take place in the future when aperson says to his wife, ‘I have to divorce you’, he is actually saying to her, ‘I have got to divorce you, but have not done it as yet.’ As such, divorce cannot occur with these words.
  2. Even if it is spoken with the intention of divorce, the divorce will not take place.

And Allah Knows best

Mufti Waseem Khan

21/2/2018

AQIQAH OF A GROWN CHILD

Question:

As Salaam Alaikum,

Hi,when my son was born we didn’t have the money to do his aqiqah.He is now 3 years old, should I do it now? Does it make sense to? If not what should I do to thank allah now that I’m a lil better off now?

 

Answer:

Wa Alaikum As Salaam,

Although it is not essential upon you to do it now, you can still go ahead and do it. You will get the rewards of doing it and your son will achieve the benefits of the Aqiqah.

And Allah Knows best

Mufti Waseem Khan

22/2/2018

RULING ON THE BEARD.

QUESTION:

Asalaamu alaikum,
I have been growing my beard for sometime and I have been told that one fist Lenght is sunnah, mines have reached two fist. Now one brother advised it should be cut to one fist another said two,one even said once it crosses one fist is good. What is the longest I can grow my beard and what is sunnah one or two fist Lenght?

ANSWER:

Wa Alaikum As Salaam,

That which has been reported from the Prophet (S.A.S) is that he has instructed his followers to grow and keep the beard, There are different traditions in which the Prophet (S.A.S) said, ‘Grow the beard’, ‘Leave your beard to grow’, ‘let your beard increase’ etc.These narrations indicate that the Prophet (S.A.S) emphasized upon his followers to grow their beards, and strongly discouraged them from shortening it.

With respect to the length of the beard of the Prophet (S.A.S), there is no specified length narrated in the traditions. However, the ahadith state that ‘the Prophet (S.A.S) had a long beard’ (Tirmidhi). Another tradition states that his beard was dense and thick. (Sahih Muslim)

With respect to what length the beard should be kept, the traditions do not provide any fix and direct instruction regarding this, except that the guidance of the Prophet (S.A.S) to his followers was to ‘grow their beards’ and ‘lengthen their beards’. It does not say that it should be kept to the amount of one, two, three or four fist’s length. However, the actions of the illustrious companions who lived with the Prophet (S.A.S) and were fully knowledgeable regarding such matters, provide some details regarding the length of the beard and when it can be trimmed.

In this regard, it is narrated that Abdullah bin Umar(R.A) used to keep his beard to the length of one fist, and would trim it when it exceeded that amount. (Sahih Al Bukhari Hadith No.5892).

It is narrated that Umar (R.A) once saw a person who had allowed his beard to grow beyond the natural limits. He instructed another person to cut that which exceeded beyond the length of a fist. After it had been trimmed, Umar (R.A) said, ‘why does one of you allow his beard to grow so long, that it makes him look like some wild animal’ (Umdatul Qari – Commentary of Sahih Al Bukhari Vol. 22 Pg. 47)

It is narrated that Abu Hurairah (R.A) used to take his beard in his fist, and he would trim the hair that exceeded the fist length’ (Shu’abal Iman – Imam Baihaqi).

It is to be noted that both Abu Hurairah (R.A) and Abdullah bin Umar (R.A) have narrated the Ahadith in which the Prophet (S.A.S) instructed his followers ‘to grow’ and ‘lengthen’ their beards Their actions therefore, provide an explanation regarding the minimum length the beard should be kept. It is on account of this, the scholars have stated that the minimum length of the beard which a male must keep is that which is equivalent to a fist. Keeping the beard shorter than this length is not permissible and shaving it is totally Haram (unlawful).

 

Some scholars like Imam An Nawawi and others have stated that the beard should be allowed to grow and it should not be trimmed. Other great scholars however, have stated that trimming the beard once it has crossed a fist length is permissible.

The great scholar of Hadith, Hafiz Ibn Hajar (R.A) has mentioned the statement of Qadi Iyad in which he said, that it is preferable to trim the length and breadth of the beard when it overgrows If a person allows his beard to grow so long that it causes people to talk about it, it will be regarded as Makruh (reprehensible), (Fathul Bari Vol. 10 Pg 350 – Ash Shama’il Al Kubra Pg. 334)

Mulla Ali Al Qari has also written that one would not be contravening the Hadith which states that the beard should be lengthened, if one trims the beard when it has exceeded a fist-length. However, it is prohibited to keep a stubble, or beard that is less than the length of a fist. (Mirqat-Sharh Mishkaat).

With respect to what length you should keep your beard, my opinion is that you should grow it to one’s fist length and trim what extends beyond that. This is based on the explanations which have been given and more so, the narration which states that Umar (R.A) once saw a person who had allowed his beard to grow beyond its natural limits. He took a hold of the person’s beard and instructed him to cut that which extended beyond the fist. (Umdatul Qari – Commentary of Sahih Al Bukhaari).

And Allah Knows best

Mufti Waseem Khan

14/02/2018

INHERITANCE.

Question:

Assalaam walaikum,
Is it required for both parents to put their wealth together and give to their children?
Or can each parent give from their own individual one?

Answer:

Wa Alaikum As Salaam,

There is no requirement for both parents to put their wealth together to give their children. Each parent should give from his/her own individual wealth.

And Allah Knows best

Mufti Waseem Khan

03/01/2018

PERFORMING SALAH WITHOUT WUDHU.

Question:

As Salaam Alaikum,

the other day i performed the asr salat and in the night before i went to sleep i realized that i forgot to make wudhu before praying my asr salah will this still be accepted or can i make up for it?

Answer:

Wa Alaikum As Salaam,

You will be required to make up for it since salah without wudhu is not valid.

And Allah Knows best

Mufti Waseem Khan

29/01/0218

PURCHASING OF SHARES IN A COMPANY.

Question:

Assalaamu Alaikum,

I would like to know if it permissible to purchase shares in a company?

Answer:

Wa Alaikum As Salaam,

If the company deals in products that are Halal and the company’s business is not based on interest and gambling, then it is permissible to purchase the shares of that company.

And Allah Know best

Mufti Waseem Khan

30/01/2018

APPLYING FOR CLAIMS/GRANTS FROM NIB.

Question:

Assalaamu Alaikum,

is it permissible to apply for claims/grants such as ‘maternity grants/special maternity grants’ if you are paying NIS as part of your legal job requirement? And if the grant is more than that which you have paid to them but you will continue to pay them can one accept this amount and continue to pay til they have paid equivelant to the grant and/or more?

 

Answer:

Wa Alaikum As Salaam,

Yes, it is permissible to apply for these claims and grants since you are paying NIS. Even if the grant is more than what you have already paid, you can still take it and benefit from it because your employer also contributes to your NIS and these monies are Halal for you to claim and benefit from. Besides this, when you return to work, you will be required to continue to pay your NIS.

And Allah Knows best

Mufti Waseem Khan

29/01/2018

WHAT HAPPENS IF A PERSON MISSES THREE JUM’AH CONSECUTIVELY?

Qustion:

Assalamu alaikum,
I’d like to know if a Muslim man does not attend Jummah three times consecutively, is he still in the fold of Islam?

Answer:

Wa Alaikum As Salaam,

A Muslim man who leaves out Jum’ah three times consecutively is still in the fold of Islam. He does not become an unbeliever. However, it is a grave sin to miss the Jum’ah Salah without having a valid excuse which is acceptable in the shariah.

The Prophet (S.A.S) has warned about missing Jum’ah salat three times or more and said, ‘Whoever leaves out Jum’ah three times out of negligence and dislike/disesteem for it, then Allah will seal his heart’. (Al Jami At Tirmidhi Hadith No. 500., Sunnan of Abu Dawood Hadith No. 1052).

The above speaks about one who intentionally leaves out Jum’ah Salat and has no valid excuse and reason for doing so. Valid reasons may include sickness/illness which makes one unable to attend the masjid, finding no transport to reach there, heavy rainfall which does not stop, fear of the enemy or fear for one’s life if he goes out to the masjid or to the area/location of the masjid.

These are some of the valid reasons which can prevent one from going for the Jum’ah salat and will not make the person sinful.

However, if one misses it because he thinks it is not important and it is petty matter, or he shows laziness towards its performance, is negligent towards it and shows total disregard, then in this case he would be a sinner in the sight of Allah and if he misses three Jum’ah salat consecutively in this manner, then Allah will place a seal on his heart, as mentioned by the Prophet (S.A.S).

As mentioned by the scholars, placing a seal on the heart means that Allah will remove from his heart the Tawfeeq (divine aid/assistance) to do good deeds.

One should therefore be conscious of the Jum’ah salat, and avoid missing it to the amount of three times. There are other Ahadith which mentionthe serious consequences of showing negligence to the Jum’ah Salat. In one tradition, the Prophet (S.A.S) is reported to have said, ‘Whoever leaves out the Jum’ah salat three times, Allah will place a seal on his heart and will make his heart like that of a Munafiq (hypocrite). (Tal Khees Al Habeer – Vol. 2 Pg. 131 Dar Al Kutub Al Ilmiyah Beirut 2000). In another tradition, the Prophet (S.A.S) said, ‘Whoever leaves out Jum’ah three times, then he is a Munafiq (hypocrite).’ (Ahmad; Abu Dawood; At Tirmidhi).

Another hadith quotes the Prophet (S.A.S) as saying, ‘Whoever leaves out Jum’ah three times, then he has indeed thrown Islam behind his back’. (Abu yala in is Musnad; AbdurRazzak in his Al Musannaf; Al Haithami in Al Majma – Talkhees Al Habeer Vol. 2 Pg. 132 Darul Kutub Al Ilmiyah Beirut 2000).

These narrations show that it is a very serious matter to neglect the Jum’ah salat. One should therefore be cautious in this regard.

And Allah Knows best

Mufti Waseem Khan.

24/01/2018

Institute of Higher Islamic Studies & Secondary Education