Questions & Answers

ON DAY-TO-DAY MASAIL OF MUSLIM

fatwa
fatwa

By Mufti Jaseemuddin Qasmi | Coordinator, Online Darul Ifta

www.maarkazulmaarif.org

jaseemuddinq@gmail.com

 

Conditional divorce

Q.  There is a friend of mine who told his family when they were insisting him to get married to a certain girl “Whenever I get married to any girl, she would be a divorcee.” Now he is very upset and shameful over his emotional statement and wants to tie a knot.

Zahid Ubaid

Mumbai

A.  Symbolically this is called Kullama Qasam. He cannot take his words back. And whenever he gets married, his wife would be divorcee ultimately. However, there is a certain way of marriage for him which will not make his wife divorcee. That is, a third person should marry a girl on behalf of him without his permission and then inform him about the marriage and he should allow the marriage with actions such giving Mehr amount or kissing the girl. So, in this case, his action would be considered a permission of Nikah done by a third person. This is known as Nikah-ul-Fuzuli in terms of jurisprudence.

 

Marriage with brother’s foster sister

Q.  A woman lactated my elder brother. My brother passed away. Now, can I get married to her daughter?

Ahmad

UP.

A. Yes, you can marry the daughter of your brother’s foster mother. [Shami]

 

Handsome amount of Zakat to one poor

Q.  There is an Imam Saheb in my local mosque. He has a lot of children and he is also under debt. I wanted to give him a handsome amount as zakat money but my neighbor says it is not better to give so much amount to a single person?

Abdul Gani

Delhi.

A.  Zakat money should be given to one poor person but not so much that he becomes Saheb-e-Nisab. So, if Imam of your mosque is very poor, you can give him zakat money as much as he could pay his debts and if he divides between his offspring then each member of his family should not become Saheb-e-Nisab. It is not better to give more than that. [Majmaul Anhur-1/225]

 

Compensation of leaving Rami

Q.  One person went to perform Hajj pilgrimage. Owing to the unbearable pressure of crowds, he could not muster courage to do Ramiul Jimar (symbolic throwing of pebbles) in last two days. Is it mandatory to pay any compensation to make his holy pilgrimage perfect in the sight of Allah?

Rashid Khan

Mumbai

A.  In the above case, he will have to slaughter a goat as Dam (Expiation through Blood Sacrifice) in the boundary of the Haram to make for his mistake in the Hajj.

 

Iddat before physical relations

Q.  My sister-in-law was betrothed to a boy when she was juvenile and Nikah was also done in betrothal meeting. Now they want to break up. So, does she need to undergo the Iddat period? Now we want to marry her to someone else. So, what is the process?

Arman

Bihar.

A.  She does not need to undergo the Iddat period if she did not consummate her marriage. And she would be irrevocably separated by one talaq and then she can be married to anyone else.

 

To go in front rows of Masjid

Q.  I heard from respected Ulama that it is not allowed to cross the persons who are in front of us to go to the next row. But sometimes, we see people sitting comfortably in the rear rows while the front rows have empty places. In this situation can we go to the front rows to fill up the empty places by passing in front of those who are praying?

Hakeemuddin

Mumbai.

A.  A hadith tells: ‘Best rows are first ones.’ Those who come first, they deserve first rows. It is not allowed to go to front rows jumping over the necks of people. But if the people who came first, are not going ahead to fill up the gaps of the first rows, they are wrong as they are leaving gaps in the front rows; however, if they don’t fill up the front row gaps, you may go ahead but if they want to go ahead let them go and don’t try to rush before them.

 

Ablution before taking meal

Q.  I read a hadith about ablution before taking meal. But I saw no one practicing on this hadith? Can you explain the matter?

Sharful Huda

Mumbai.

A.  The hadith reads: ‘There is a benevolence or Barkah in the meal if one makes wadhu before and after it.’ [Trimizi] But here Wudhu means washing hands and rinsing mouth and not the ritual cleansing done before salah.

 

Dispensing Zakat money without informing the beneficiary

Q.  There is a relative of mine who is asking me for money as a form of loan. But I am sure that he will not be able to pay it back. If I give him zakat money, but then I think he will be disheartened and it is quite possible that he will not accept it. So, what should I do?

Iftikhar

Raipur.

A.  In the above situation, if your relative is indigent to the extent that he deserves Zakat, then you can give him money with the intention of Zakat and don’t need to inform him that it is Zakat money. And if he ever returns the money don’t ever take it back.

 

To test the thing before buying

Q.  Sometimes, we go to purchase fruits, sweets or perfume and we ask the seller to give a bit as a sample to be tested. So, is it okay Islamically?

Laaiq Ahmad

Mumbai.

A.  There may be three cases; you intended to buy or not and whether you liked it after testing or not. 1. If you do not have intention to purchase the object, it is unlawful to test it and you will have to pay recompense or seek forgiveness from the owner, 2. If you intend to buy and liked the thing also but after testing, you did not purchase then you will have to pay recompense or seek forgiveness, 3. After testing, if you do not like then it does not matter. [Fatawa Rahimia 3/171]

 

Entering graveyard with shoes

Q.  Some people enter in the graveyard with shoes and some others put off the shoes while going within the graveyard. What is Shariah ruling in this regard?

Kareem Shaikh

Mumbai.

A. It is allowed to walk within as one can walk with shoes on the empty places between the graves, avoiding stepping on the actual grave itself. [Fatawa Alamgiri- 1/160]

 

Salah behind a traveler

Q.  If I am performing salah behind a traveler and after two rakats, he finishes his salah, so then how can I complete my remaining two rakats? In these remaining rakats should I recite the Quran or not?

Rahmat Ali

Mumbai.

A.  No, you don’t need to recite the Quran in the remaining two rakats and other rituals would be performed as usual.

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