Category Archives: Fatwas

VALIDITY OF NIKAH.

Question:

As Salamu Alaikum,

  1. A man comes to a woman and asks her,’Have you married Rahim’ or ‘Did you marry Rahim?’ And the woman replies ‘yes,I have’ or ‘yes,I did.’ There are many people present during this conversation. Does it mean that the woman is married to Rahim?
  2. Does marriage take place if there are so many women as witnesses but no men?
  3. A woman once saw the private parts of man in an image or video and felt lust. She doesnot know whose private part this is and with whom she has established hurmat musahara.Now she wants to marry a man.Should she doubt that the private parts may be of the prospective groom’s father and the groom may be haram for her to marry? As this private part can be of any man in this world,Muslim or non Muslim,what should she do?

 

Answer:

Wa Alaikumu As Salaam,

  1. From what you have written, only the statement of the woman is known. There is no information regarding the statement of Rahim. For Nikah (marriage) to be valid, both Ijab and Qubool (are necessary), Ijab comes from one party and Qubool comes from the other party.

 

The statement coming from the woman will be considered as the Ijab (proposal), and this needs Qubool (acceptance) from Rahim, which is not present. It is also necessary that those who are witnesses to this marriage, must listen to both the Ijab and Qubool from both the parties of the marriage.

 

In light of the above, no marriage has taken place between the woman and Rahim. (Fatawa Mahmoodiya Vol. 10 pg. 496 Idara Al Farooq Karachi 2009)

 

  1. A marriage cannot take place with women witnesses alone. It is necessary that there must be either two males, adult, sane Muslim witnesses or one male and two females. ( Al Jawhara An Nayara  2 pg. 107 Qadeemi Kutub Khana Karachi, Fatawa Mahmoodiya Vol. 10 pg. 620 Idara Al Farooq Karachi 2009).

 

  1. Looking at the private parts of a man through a video or image with lust does not bring about Hurmat Musahara. This only comes about when one looks directly at the private parts of the body. (Kitabul Fatawa Vol. 4 pg. 364 Zam Zam publishers Karachi 2008 with reference from Ad Durr Al Mukhtar).

 

 

And Allah Knows best

Mufti Waseem Khan

18/01/2018

NATIONAL INSURANCE IN COMPARISON TO OTHER INSURANCE.

QUESTION:

As Salaamu Alaikum,

Message Body:
Is registering to the national insurance board and paying contributions as a business owner permissible?
As this is insurance would it be regarded like the rest of types of insurance as Haram?

ANSWER:

Wa Alaikum As Salaam,

The National Insurance is not exactly like other types of insurances. In reality, it is a system of taxes paid by workers and employers to the Government in the form of contributions. These are paid primarily so that state benefits can be accessed by individuals which are provided upon death, retirement, unemployment, maternity and disability. Therefore, when these benefits are provided, they are actually on account of what was paid already by the individual and the employer while he was employed.  As such, the individual is benefiting from a halal income.

Generally, National Insurance of the Government does not operate like insurance companies where they invest, pay interest or receive interest to pay-off policy holders. Therefore, it cannot be regarded like the other types of insurances.

Here, in our country it is a law that workers and employers must contribute to National Insurance. Therefore, it is permissible to register to the board and pay contribution as a business owner.

And Allah Knows best

Mufti Waseem Khan

18/01/2018

THE VALIDITY OF WUDHU.

QUESTION:

Message Body:
Assalamu Alaikum ,

I would like to know if wudu and by extension salah be valid if one goes to the toilet and doesn’t wash with  water afterwards.

ANSWER:

Wa Alaikum As Salaam,

The validity of wudhu is based on whether all the essential parts of the body were washed while performing wudhu. If this was done, then wudhu will be valid.

As for the Salah, if you had cleaned yourself properly, not leaving impurities on your clothes or body, then it (the Salah) will be valid, even though you did not use water after using the toilet.

 

And Allah Knows best

Mufti Waseem Khan

18/01/2018

IJA’B AND QUBUL IN NIKAH

QUESTION:

As Salaamu Alaikum,

Zayd and Samina used to like each other. One day a friend of zayd named jabir asked Samina ‘Do you marry zayd’? Samina said ‘yes I do’ in front of many male people. Are they married now? Note that although all these thing happened in front of zayd, zayd did not say anything nor did he appoint jabir to conduct the marriage.

ANSWER:

Wa Alaikum As Salaam,

Based on what you have described, it shows that they are not married. The question ‘Do you marry Zayd’ gives no indication that Samina is being asked. ‘Have you accepted Zayd as your husband’? Or ‘Have you married Zayd’? The question posed to Samina has other possible meanings. It could mean, ‘Do you want to marry Zayd’? Or ‘Will you marry Zayd’? In these cases, the questions are asking about something which will occur in the future, as to what her intentions about Zayd are. The answer ‘Yes’ which has been given by Samina, simply explains her intention. It is as if she is saying, ‘Yes, I want to marry Zayd’, or ‘Yes, I will marry Zayd’. In this case, her answer ‘Yes’ does not indicate or inform one of a contract which has been done, nor does it say that she has accepted Zayd as her husband. Her answer only shows that she is desirous of marrying him and not that she has married him already.

Further to this, we see that Zayd did not give any ‘acceptance’ (Qubul) to what was placed before him, and a Nikah requires both an Ija’b and a Qubul. We also see that Zayd did not appoint Jabir as his wakeel to contract his Nikah on his behalf.

Therefore, no marriage took place in the situation which you have described, and Zayd and Samina are not married to each other.

And Allah Knows Best

Mufti Waseem Khan

13/12/2017

CHILDRENS PLAYING WITH DICE

QUESTION:

As Salaamu Alaikum,

I am just following up on a question I asked about over a month now, concerning the permissibility of using dice in children’s games like ludo, Monopoly etc.

ANSWER:

Wa Alaikum As Salaam,

Some scholars have stated that it is not permissible to use the dice since the Prophet (S.A.S) has prohibited it. Others however, have mentioned that the reason for its prohibition, is that it was normally used for games of chance and for gambling, and hence the Prophet (S.A.S) spoke against it and prohibited using it. This means that if it is used for children’s game and for mere amusement, and it is not used for games which involve betting/gambling, then it will be permissible. This is the view which many scholars have given, and it is my opinion on the matter. As such, it will be permissible to use the dice in children’s games like ludo, monopoly etc.

 

And Allah Knows best

Mufti Waseem Khan

13/12/2017

SECOND WIFE IN ISLAM

QUESTION:

Is it permissible for a man married for 18years with two young children to take a second wife just to secure a business deal. The man is saying there is no personal attachment to the second wife because he does not financially support her, he does not live with her and there was never any sexual relations with her. He only meets her for business meetings and they go there separate ways. Also she is free to have a personal life and he does not care. They both agreed to this and as soon as there business deal comes through they will dissolve the marriage.  She is getting 25% financial rewards in all this.  As his first wife how am I suppose to accept this especially since I was unaware of it until her father informed me who is also extremely upset. She is older than me divorced and has a ten year old child.  My husband has said I have nothing to worry about. He indicated to me he asked her to spiritually marry him for loyalty to the deal which she also said to me.   Can you please guide me.

ANSWER:

As Salaam Alaikum,

What you have described is a marriage of convenience which the Shariah does not accept. The man is using the facility of marriage for his own personal gains and is not concerned and prepared to fulfilled his obligations as a husband in the marriage.

The manner in which the both parties are conducting themselves shows that they do not believe they are married to each other. It is simply a ‘cover up’ for their meeting and mingling with each other.

In Islam, marriage brings with it, responsibilities, duties and commitment from each party. However, in the situation which you have described we find that:

  • The man has no personal attachment to the second wife.
  • He does not financially support her.
  • He does not live with her or spend any time with her.
  • He never had sexual relations with her.
  • He meets her only for business meetings.
  • The second wife has her own personal life which is of no concern to the man.
  • He asked her to spiritually marry him.
  • They will dissolve the marriage as soon as business deal comes through.

All the above shows that there is really no marriage between the both parties. They have conveniently used the sacred institution of marriage in Islam, especially the allowance for a polygamous marriage, to justify their actions. Their agreement to conduct themselves in this manner is null and void, since the above conditions which they have made, are all invalid conditions. According to the Shariah, a marriage which is contracted with invalid conditions will be invalid. Therefore, their marriage with each other on these conditions in not valid and legal in Islam, and they do not have a marriage with each other. The man is required to immediately stop this Haram relationship and repent to Allah for what has happened so far. If he wants to keep the marriage, then he must live with this woman as his second wife and fulfill all the responsibilities as a husband, with respect to financial support and maintenance, living with her and spending time with her, just as he does with the first wife, and keeping her in a comfortable residence just as he had done for the first wife. If he cannot fulfill these conditions, then it is Haram (unlawful) for him to take a second wife.

As for being spiritually married to another one, there is nothing like this in Islam. This is merely a fabricated concept which the man entertains in his mind.

 

And Allah Knows best

Mufti Waseem Khan

11/12/2017

THE RULING ON ORGANS REPAIR WITH ANIMAL PARTS

It is permissible to use limbs/organs/parts of those animals which are permissible for Muslims to consume for an organ trans-plant to the human body, when there is fear of losing life or there is a fear of losing a limb or organ and that the replacement can only be found in animals.

With respect to using a part of the pig, this is generally disallowed and prohibited. However, if there is a risk of losing one’s life, and nothing else is available, then it will be permissible to use this to the extent of necessity.

And Allah Knows best

Mufti Waseem Khan

04/12/2017

THE ISLAMIC PERSPECTIVE OF ATTENDING A CHRISTIAN OR HINDU FUNERAL

QUESTION:

 

Wa Alaikum As Salaam,

What you did by standing together with them for hymns and prayers was Haraam. In fact, it was not permissible for you to attend such a gathering where prayers and hymns comprising of shirk were said. You should seek forgiveness from Allah, and must not repeat such an action in the future.

And Allah Knows best

Mufti Waseem Khan

28/11/2017

 

ANSWER:

Wa Alaikum As Salaam,

What you did by standing together with them for hymns and prayers was Haraam. In fact, it was not permissible for you to attend such a gathering where prayers and hymns comprising of shirk were said. You should seek forgiveness from Allah, and must not repeat such an action in the future.

And Allah Knows best

Mufti Waseem Khan

28/11/2017

SPORTS IN ISLAM

ANSWER:

Wa Alaikum As Salaam,

It is permissible to engage in sports for the purpose of relaxation, satisfaction and enjoyment, as long as one does not violate the teachings of Islam by exposing his awrah, (concealable parts of the body), missing/delaying his duties of Salah or fasting etc., and is not any of those sports which have been prohibited in the Shariah.

With respect to the hadith you have quoted, this is meant to encourage the believers in such sports /training. Archery and horse-training helps one in preparing himself to defend Allah’s religion when the time arrives, and playing with one’s wife builds the bond/relationship between the husband and the wife and brings joy and happiness in the marriage. Other things have also been mentioned in other traditions like walking, swimming, spear throwing, horse-racing and others. All these sporting games bring a lot of benefits to a person and so, they are encouraged. However, this does not mean that other types of sports are prohibited or disliked. These will be permissible as long as they do not comprise of anything which violates the laws of the Shariah.

And Allah Knows best

Mufti Waseem Khan

28/11/2017