Category Archives: Fatwas

Islamic Verdict

Brief Biography of Ibn Hazm

Question:

Who is the famous ‘alim Ibn Hazam, I read several contradictory opinions concerning him, young people it is the confusion with his readings that we advise you, Is it advisable for non scholar (layman,non qualified person) to read Ibn hazam’s book?

ANSWER:

As Salaam Alaikum,

Ibn Hazm was great scholar of Cordoba (Spain) during the period (384 AH – 756 AH). His name is Abu Muhammad Ali ibn Ahmad ibn Saeed ibn Hazm and was of Persian origin. According to the great scholar, Adh-Dahabi, ‘ Ibn Hazm was the sea of knowledge; a man learnt in many sciences and skills and had great insight. He was well versed in literature, history, poetry, dialectics and philosophy. He was prominent in the Islamic Sciences and had great knowledge of hadith. In fact in this, he had no equals. He was however, extremely literalist in minor issues.’ The scholars have further written that Ibn Hazm first studied the Madhab of Imam Shafie, but then adopted his own views later on based on his research. In proving his opinions, he debated with many great scholars and Imams, and was known to be disrespectful in his words and statements to them. He used rough words, impugning and slandering them. On account of this, many leading scholars turned away from his books and ignored them.

They even warned others against his books. It is mentioned that in Jurisprudence he followed the Dhahiri school(literalist school of thought). While writing about Ibn Hazm, Hafiz Ibn Katheer states, ‘He used to criticize the scholars a great deal, verbally and in writing, which led to the generation of resentment, in the hearts of his contemporaries.’

‘He was a confused literalist with regard to minor issues, and he did not believe in analogy (qiyas), whether it was clear or otherwise. This caused the scholars to lose respect for him, and it caused him to make serious mistakes in his views and conduct. Yet, despite that, he was the one who tried to find interpretations other than the apparent meaning when dealing with basic issues and the verses and hadith that speaks of the divine attributes’ (Al Bidaya wan Nihaya – Ibn Katheer).

In conclusion, it can be said, based on the writings of the most reliable scholars that Ibn Hazm was indeed a great scholar. However, on account of his opinions which he adopted based on his personal research, he disagreed with the majority of scholars of the Ahlus Sunnah Wal Jamaat in many issues, in which he was mistaken. As mentioned by the scholars, he followed the Dhahiri (literalist) school of thought in Jurisprudence, and in his creed he differed in many fundamentals issues from the Ahlus Sunnah Wal Jamaat. Owing to this, the great scholars of the past have warned against reading his books.

 

And Allah Knows best

Mufti Waseem Khan

06/10/2017

Divorced By Text Messaging

QUESTION:

A husband Text I divorce three times at the same time…is it a divorce…and what if the couple want to reconcile

 

ANSWER:

As Salaam Alaikum,

Yes, texting the divorce causes the divorce to occur. Seeing that the husband has sent the text to his wife that he has divorced her three times, three divorces will take place immediately.

If the couple wants to reconcile, then the wife will have to marry someone else in a valid marriage contract and must then consummate that marriage. After that, If that husband divorces her or he passes away, then after completing the relevant waiting period, she will be allowed to remarry the first husband in a new marriage.

And Allah Knows best

Mufti Waseem Khan

11/09/2017

Joining the Imam in salah

QUESTION:

Assalaam Walaikum,
If i entered on the imaam during his 2nd rakaah in Maghrib and i joined him. Would i need to repeat my Salaah afyer completeing it with the Imaam?

ANSWER:

Wa Alaikum As Salam

No, you do not have to repeat your Salah. You were supposed to continue your Salah after he made the Salam, by performing the rakaat you missed. If you did not perform your missed rakaat and you ended the Salah with the Imam, you will have to repeat it.

And Allah Knows best

Mufti Waseem Khan

11/09/2017

Denial Salaah or Leaving out Salaah due to laziness

QUESTION:

As salamu alaykum i am a pure ignorant, and i want to have a detail answer about the one who abandon the salah is it  kaafir or not, what is the opinion of islam (the four school) with some proof used by these school.

1.The One Who Denies The Obligation Of Salah

2.THE ONE WHO ABANDONS THE PRAYER OUT OF LAZINESS OR OTHER REASONS

I speak to you because you are a alim , google its not a alim of madhab, jazak Allah khar.

 

ANSWER:

Wa Alaikum As Salaam,

All the scholars including the four Imams of fiqh have unanimously declared that one who denies the obligation of Salah is a kafir (unbeliever) and a murtad (apostate).

This is on account of his denial of an obligatory duty which is evident from the firm sources of the Quran, the Sunnah and Ijma. They have also stated that one who leaves off Salah out of laziness and negligence is a sinner and transgressor. (Al Fiqh Al Islami Wa Adilatihi Vol.1 Pg. 658 Maktaba Rasheediya Queta)

And Allah Knows best

Mufti Waseem Khan

11/09/2017

What actions can be done when moving into a new house?

What kind of dhikr and azkaar should one perfom when moving into a new house?How should one celebrate move into a new house? What should be recited so that the place my be blessed?

As Salaamu Alaikum wa rahmatullah,
Moving into a new house is a favor from Allah for which a person should be thankful. As such, it will be good for you to perform two rakaat of salah of shukr , and express your gratitude to Allah ,and beseech Him to protect you and your family from all evils and harms.
Scholars have also mentioned that it is commendable on this occasion to invite family members, relatives etc for a meal, to dine with you, as an expression of your happiness and gratitude to Allah. (Al Mawsoo’ah Al Fiqhiyah).
They have also stated that one should recite Sura Baqara in the new house since the Prophet (sas) is reported to have said, ‘Satan runs away from the house in which Sura Baqara is recited ‘.  (Sahih Muslim).
As such, in order to remove all evil jinns and satans from the house which had been empty for a while, and to protect  it from the harms of such jinns and devils, you should recite Sura Baqara in the house. If you are unable to do this, you can get others to do it, at least before entering the new house.
And Allah Knows best
Mufti Waseem Khan
28th August 2017

Ruling concerning copyright law

Assalamu Alaikum Mufti.

What is the ruling on copyright in Islam? If there’s a copyright image of Islamic reminders as well as Eid images..can I use the photo from the internet and edit it with addition/ subtraction to the design and have it printed for Islamic wall art designs for sale?

Wa Alaikum Assalaam,

Many Scholars have accepted the ‘law of copyright’ and have stated that a person who has written something or created/made/invented something has a right to claim possession and ownership over the rights of its usage, which in reality refers to copyright.

As such, Islamic reminders in the form of images, photographs on the internet etc. which are copyrighted to their owners, cannot be edited, taken and used as a person’s property except that one has permission to do so. For such products, works etc. which are under copyright, one can only use it for one’s own purpose and for what it was meant for.

Without the owner’s permission, these products cannot be modified and sold or distributed. Therefore, it will not be permissible for you to use a copyrighted photo/image from the internet and edit it by adding to, or subtracting from the design, and then print it as an Islamic wall art for sale.

And Allah Knows Best.

Mufti Waseem Khan.

What is to be done if on the morning of Qurbani i end up with the bare Nisaab?

If on Eid day I end up bare nisaab but the cost of an animal at that time is more than the nisaab , what shall I do?

Wa Alaikum Assalaam,

If the cost of an animal at that time is more than the nisaab, and you do not have the amount of money to purchase an animal, then look to see if you can take a share in a large animal. If this is too costly and you cannot afford it, then Qurbani will not be essential upon you.

And Allah Knows Best.

Mufti Waseem Khan.

8/8/17.

I’m invited to a Hindu wedding of a relative. What do i do?

Asslaamu alaikum,

My Hindu cousin is getting married this weekend and my aunt insists that I come to the wedding. I know it is a Hindu wedding and it is totally haram to accept such invitation. I was advised that for the sake of keeping family ties I should at least show up before or after the wedding. Knowing this family I know that there will be a lot of music present during and after the wedding… What should I do in such a situation?

Wa Alaikum Assalaam,

In the case you have mentioned, you were not supposed to attend seeing that many haram activities would have been present.

And Allah Knows Best.

Mufti Waseem Khan.

8/8/17.

Is there Dumm for missing Wuqoof in Muzdalifa?

As Salaamu Alaikum
Respected Mufti
Following your workshop on Sunday, I would like to clarify with respect to the stay at Muzdalifa, on the morning if I left before praying Fajr and did not do wuqoof , will I have to pay a dumm, if so how much is the penalty.
I appreciate your kind response.

Wa Alaikum Assalaam,

The general law is that the pilgrim must remain at Muzdalifa to perform Fajr Salah and then do the wuqoof after this. This is essential (wajib) and if one does not do this, one will have to pay a dumm (penalty). The penalty is that of sacrificing a sheep or a goat at Mina.

Normally, it will be sufficient for one to give someone the money for this animal, who will look into getting the animal and sacrificing it. However, with respect to women, old, weak and sick people, this ruling has been relaxed. The Prophet (S.A.S) has allowed such people to leave Muzdalifa before Fajr Salah, at the last part of the night, so that they may not be harmed on account of the massive crowd that leaves Muzdalifa to go to throw the pebbles at the Jamaraat. Such people are allowed to leave Muzdalifa without doing the wuqoof and there will be no penalty upon them.

Therefore, as a woman if you leave Muzdalifa before performing the Fajr Salah and did not do the wuqoof, there will be no dumm (penalty) on you.

And Allah Knows Best.

Mufti Waseem Khan.

8/8/17.

Explaination on What is Zakaatul Fitr?

Assalaamu Alaikum, can you explain in detail zaakatul fitr and saadaqatul fitr. The difference, who can receive it, should it be food or money and if money how can there be a set rate. I am a little confused i have never heard anyone explain this.

Wa Alaikum Assalaam,

Zakaatul Fitr and Sadaqatul Fitr both refer to the same thing.  It is the charity that is given on account of the day of Eid Ul Fitr. This is why it is called Zakaah Al Fitr or Sadaqah Al Fitr.

Those who are poor and needy can receive it. It can be given in food and also in cash. If it is given in food, then the following can be given:

  • 1 Saa’a of dates or barley. This is based on the tradition of Abdullah Bin Umar (R.A) who said, ‘The Messenger of Allah (S.A.S) prescribed the payment of Zakaat Ul Fitr of Ramadhan for people, for every freeman, or slave, male and female among the Muslims, one Saa of dried dates or one Saa of barley.’ (Muslim Hadith No.2149)
  • 1/2 Saa’a of wheat. This is based on the tradition of Abdullah Bin Umar (R.A) who said, ‘The Messenger of Allah prescribed the Sadqa of Ramadhan (Sadaqatul Fitr) one saa of dates or one saa of barley for every free man or a slave, male or female, and then the Muslims (Sahabahs and Tabieen), equalized (one saa of dates or barley) with half saa’a of wheat’. (Muslim – Hadith No. 2151).
  • 1 Saa’a of raisins, dried cottage cheese. This is based on the tradition of Abu Saeed Al Khudri (R.A) who said, ‘At the time of the Messenger of Allah (S.A.S) we used to give a saa of food on the day of Eid Ul Fitr.’ Abu Saeed then said, ‘And our food was barley, raisins dried cottage cheese and dates.’ (Sahih Al Bukhari Hadith no. 1408).

Based on the above, Sadaqatul Fitr can be given in dates, barley, raisins, cottage cheese, wheat and flour. The Scholars have stated in this regard, ‘If the staple food of a people is corn, pearl millet,  thin husk barley, rice or any grain on which Zakaat is obligatory then they may give it as Zakaat Al Fitr.’ (Al Umm).

With respect to the amount which must be given in these grains, many Scholars have stated that on behalf of a Muslim, one Saa’a of dates, barley, raisins, dried cottage cheese, wheat, corn or flour etc. will be given to the poor and needy. One Saa’a is equal to 2kg 174 grams or 43/4 lbs. According to many scholars, one Saa is equivalent to four full handfuls (of both hands) of grain; such handfuls being of an average size.

Other scholars have stated that if wheat is given, then half of a saa’a of wheat will be given, and if barley, raisin or dates is given then one saa’a will be given. According to these scholars, one saa’a is equal to 3kg 240 grams or 7lbs 2 ounces.

The preferred view is that one saa’a will be used as the measurement for any  grain or the staple food of any community since one saa’a has been clearly stated in authentic hadith for the calculation of Sadaqatul Fitr and it is of precaution. Also, according to some scholars, the usage of half a saa’a for wheat by the companions of the Prophet (S.A.S) was due to the reason that at that time, half of a saa’a of wheat was equal in value to one saa’a of other grains such as barley or dates or raisins.

Therefore, with the preferred view, 43/4 lbs or 2kg 174 grams of wheat, barley, raisins, dates, flour or any staple food etc. will be given as Sadaqatul Fitr on behalf of a Muslim individual.

With respect to paying Sadaqatul Fitr in money/cash, this is also permissible. The purpose of sadaqatul fitr is that this charity be given to the poor and needy so that it will be a help to them, particularly on the day of Eid so that they may also enjoy themselves and have sufficient to eat on this day. It also serves as purification for the giver against mistakes made while fasting.

Seeing that the Sadaqatul Fitr is to be given to help the poor and needy, consideration must be given to them so that they will not be in a state of want and deprivation. In our times, dates, raisins, barley, wheat is not from the staple foods that many people consume. Although these are used, they are not from the food/meals that people eat on a daily basis. Therefore, one needs to consider whether the above mentioned dry foods will help in satisfying the needs of the poor and needy today. In our times, fulfilling the needs of the poor and needy can be easily done with cash which they can use to purchase food and clothing on the day of Eid.

While shedding light on the above topic, the prominent Muslim economist Dr. Monzer Kahf writes, ‘Zakaatul Fitr can be paid in cash if cash is better from the point of view of the recipient poor.’

‘We have correct sayings by the Prophet (S.A.S) that the due Zakaat Ul Fitr is one saa’a of barley, dates, raisins, or dried yoghurt. These were common foods in Madinah and its surroundings. At the time of the companions (Sahabahs), wheat started to become a food item for the well-to-do families, and was a lot more expensive than barley. They estimated that one saa of barley is equivalent in value to half saa’a of wheat.’

‘Consequently, we have several reports from the time of the companions that they substituted value for the items that are mentioned in the saying of the Prophet (S.A.S).’

‘Ibn Taimiyah, one of the prominent Scholars of the early ninth century of Hijrah, argued that the payment of Zakaatul Fitr in cash in metropolitan area such as Damascus where he lived, is actually better for the poor.’

When the cash value is given in Sadaqatul Fitr, then it will be equivalent to one saa’a which is 43/4 lbs of wheat/flour.

And Allah Knows Best.

Mufti Waseem Khan.

22/06/17.