Category Archives: Fatwas

Islamic Verdict

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

JUM’AH SALAT.

Question:

As Salaam Alaikum,

today in jumma salaat the congregation was inform by the shakyh
1 there is only one adhan for jumma salaat not two
2 the adhan was sounded in english not arabic
3 there is no sunnah salaat between the adhan an kuthba [thats the 4 rakaat ]
can you please verify

Answer:

Wa Alaikum As Salaam,

  1. During the time of the Prophet (S.A.S) there was only one Adhan for Jum’ah Salat which used to given in front of the Prophet (S.A.S) while he was on the mimbar to deliver the Khutba. This remained the same during the period of Abu Bakr (R.A) and Umar (R.A). However, during the rule of the 3rd Khalifah, Uthman (R.A), when the Muslim population in Madina increased and the people were living a distant away from the masjid, he decided to add another Adhan so that the people will be alerted of Jum’ah Salat and they will begin to prepare themselves to reach in the Masjid before the Khutbah started. If this was not done, and the people were left to rely upon the one Adhan which was given in front of the Khateeb for the Khutba, then by the time they prepared themselves by leaving their work, taking a bath and reaching the Masjid, the Khutbah and Jum’ah Salat would be finished already. As such, there was great wisdom in what Uthman (R.A) did for the Ummah. He was guided by Allah in his Ijtihad to implement the 2nd The Sahabahs at his time accepted what he did, and followed him in it, and implemented the two Adhan in the different regions. Many of the great Sahabahs were still alive during the rule of Uthman (R.A) when he introduced the 2nd Adhan, however, none of them opposed him. In fact, all agreed with him since it was in the best interest of the Ummah.

Since his time, the two Adhan for Salatul Jumu’ah remained a practice of Muslims throughout the world and throughout the centuries until today, following the precedent which was set by Uthman (R.A). All the great scholars of Fiqh, Hadith, Tafseer, and other Islamic sciences, and all the other Muslims from the 1st century Hijrah and afterwards, accepted what Uthman (R.A) did, and did not show any dislike in implementing it since the Prophet (S.A.S) guided the Ummah and said: ‘Upon you is to follow my way and the way of the Rightly Guided Caliphs (Sunan Ibn Majah – Chapter of following the way of the Rightly Guided caliphs Hadith No.42).

 

Undoubtedly, Uthman (R.A) was from among the Rightly Guided Caliphs. Hence, all the Imams of Ahl Sunnah Wal Jamaah unanimously agreed upon the establishment of the two Adhan for Jum’ah. On account of this, we find that from the time of Uthman (R.A) until our present time, calling the two Adhan for Jum’ah has always been the practice at the Kaaba in Makkah and at the Masjid of the Prophet (S.A.S) in Madina.

 

  1. Adhan is not simply an announcement or notification for the prayer (salah). But, it is a dhikr of Allah (a remembrance of Allah) and also a form of Ibadah (worship) which a person gets rewards for. On account of this, we find that the Prophet (S.A.S) has emphasized upon, and encouraged a person to be in a state of Wudhu when giving the Adhan. In this regard, he said: ‘No one should give the Adhan except that he is in the state of Wudhu. (As Sunan Al Kubra-Baihaqi, Hadith No.1858).

Had it been merely a means of calling people to prayer, he (S.A.S) would not have instructed the Mu’azin to have Wudhu while calling the Adhan. The Ahadith also show that the Prophet (S.A.S) instructed those who listen to the Adhan to repeat the words of the Mu’azin when they hear these. The Prophet (S.A.S) in addition, taught the Ummah a special dua to be recited after the Adhan is called. All these show that the Adhan, while being the official call to prayer in Islam, is connected to the remembrance of Allah and is a form of Ibadah (worship). As such, it must be given with the words that have been narrated from the Prophet (S.A.S) in the same manner as it was transmitted. In this regard, the Fuqaha (Jurists) have stated: ‘According to all scholars, the Adhan must be given in the manner as it was transmitted from the Prophet (S.A.S)’. (Bada’I As Sana’i).

The Adhan therefore, must be given in the Arabic Language with the specific words and phrases which have been directly narrated from the Prophet of Allah (S.A.S).

 

 

 

  1. With respect to the performance of four rakaats of Salah before the Khutba, this is evident from the Prophet (S.A.S) and the Sahabahs.

In this regard, Abdullah bin Abbas (R.A) narrated that the Prophet (S.A.S) used to perform four rakaats before Juma (i.e before Khutba) and will not separate between these rakaats.’ (Sunan Ibn Majah – Chapter of Salah before Jum’ah Pg. 79 – Qadeemi Kutub Khana Karachi).

It is also narrated that Abdullah bin Masood (R.A) used to perform four rakaats of salah before Juma and four after it. (Jami At Tirmidhi – Chapter of Salah before Jum’ah and after Jum’ah).

Imam Tahawi has recorded a narration with a sound sanad from Jabala bin Saheem which states that Abdullah bin Umar (R.A) used to perform four rakaats before Jum’ah (i.e before the Khutbah), and would perform two rakaats and then four rakaats after Jum’ah. ( Tahawi – Sharh Al Ma’ani Al Athar, Vol. 1 Pg. 435 Qadeemi Kutub Karachi; Athar As Sunan Pg. 249 Maktaba Imdadiya Multan Pakistan).

Abdur Razzak has narrated with a sound sanad from Abdur Rahman As Sulami that he said, ‘Abdullah bin Masood (R.A) used to instruct us to perform four rakaats before Jum’ah’. (Al Musannaf of Abdur Razzak Vol. 3 Pg. 131 Dar al Kutub Al Ilmiyah Beirut 2000).

Abdur Razzak has also narrated from Ma’mar from Qatada that Abdullah bin Masood (R.A) used to perform four rakaats before Jum’ah and four rakaats after it. (Al Musannaf of Abdur Razzak Vol.3 Pg. 131 Dar Al Kutub Al Ilmiyah Beirut 2000).

 

The above narrations bear sufficient evidence to show the established practice of performing four rakaats of Salah after the Adhan is called and before the Khutba begins.

 

And Allah Knows best

Mufti Waseem Khan

24/01/2018

NIKKAH OF A PREGNANT WOMAN.

Question:

As Salaam Alaikum,

If someone is pregnant can she nikkah the man she is pregnant for?
Will the nikkah be valid?

Answer:

Wa Alaikum As Salaam,

Yes. She can marry the man she is pregnant for. The Nikah will be valid.

And Allah Knows best

Mufti Waseem Khan,

24/01/2018

DOES ‘OKAY’ QUALIFIES A PERSON MARRIED.

Question:

As Salaam Alaikum,

A man says to a woman,’Marry me’ or ‘You marry me’ And the woman replies,’okay’. This conversation takes place in front of many people. Does it make them married?

Answer:

Wa Alaikum As Salaam,

No. They are not married because ‘Okay’ is not ‘Qubool’ (acceptance). The word ‘Okay’ does not give a clear meaning as to what the woman wants to say or what response she is giving, since it has many different meanings, and can be used to send different messages.

Besides the ambiguity in the word ‘okay’, it also cannot be used for Qubool (acceptance) since it is not a past tense word. According to the Islamic law, marriage occurs with an offer and acceptance (Ijab and Qubool) by using two statements which express the past tense, or one of the two statements expresses the past tense and the other expresses the future tense.

In the case mentioned above, the statement ‘marry me’ or ‘you marry me’ (uttered by the man), is an order which is considered a part of the future tense. It therefore means that the woman was required to use a statement which expressed the past tense. Therefore, she should have said, ‘I have accepted’ or ‘I have married you’. In these statements, the past tense is present, and would have made the Nikah valid. But the woman did not use such statements. Instead, she said ‘okay’ which is not a past tense word, and it also does not convey what the intention of the woman is since the meaning of the word is not clear. Therefore, marriage will not take place.

And Allah Knows best

Mufti Waseem Khan,

24/01/2018