Fiqh

Question #7034 – 29/10/2011

QUESTIONS & ANSWERS

Question

assalamalaikum how does one evaluate makhroo actions is there a degree og sin in constant indulgence in makhroo acts

Answer

That which is done contrary to Sunnat and Wajib, Sin increases as per the regularity and continuity of the sin.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #6877 – 16/08/2011

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Question

Slmz mufti, I have come across a book called 'Quranic Therapy Heal Yourself' by Prof. Dr. Mohammad Ahmed Qadri of the Islamic Educational & Cultural Research Centre of North America - please can you inform me whether this book and its 'remedies' have any authenticity? Jazakallah khair.

Answer

I do not know

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #6822 – 29/07/2011

QUESTIONS & ANSWERS

Question

should a person answer to the second azan of jumma? if yes,can he answer verbally?

Answer

- Yes

- Yes

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #6792 – 21/07/2011

QUESTIONS & ANSWERS

Question

salaam... -if i read nafl salah and send the reward to my grandmother who has passed away, will this iysaale thawaab be correct? -likewise if i was to keep a nafl fast and send the thawaab to my grandmother who has passed away, will this iysale thawaab be correct?

Answer

Yes
Yes

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #6700 – 13/06/2011

QUESTIONS & ANSWERS

Question

As salamu alaykum, In regard to your answer in Question #6557; If you cannot give the title of the book i cannot find it. Was salaam

Answer

Masail Sijda Sahw and read alot of Durood it cools the anger.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #6529 – 10/03/2011

QUESTIONS & ANSWERS

Question

As salamu alaykum, When searching for rulings on the internet i see so much different opinions/proofs that my mind get confused what to do. Should i just get the book Bahishti Zewar and follow the rulings in it ? Is it a good book ? Which english edition of the book do you recommend (i am a male) ? Or should i get a other book ? If so which one ? Was salaam.

Answer

Bashiri Zewar is excellent. The translation by Moulana Mohamedy and published by Darul Uloom Azaadville is very good.

Also see on site, 'Taleem-udeen' - i.e. Taharat Made Easy etc.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #6516 – 06/03/2011

QUESTIONS & ANSWERS

Question

Assalam 'Alaykum, I would like Mufti to translate the book Mukhtasar of Imaam Tahhawi into english. Is this possible? It would be a great benefit to the English speaking Muslim audience. If Mufti saab can do it, then I can put it on PDF. I will obviously state that the translator is Mufti and not me.

Answer

Currently our hands are full. There are many other Ulema. Request them.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #6487 – 24/02/2011

QUESTIONS & ANSWERS

Question

Assalaamualaikum Mufti A cousin of mine is moving into a new house. She has asked that i come over for a khatam. Is this permissible or is it bidaat?

Answer

Bidaat.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #3145

QUESTIONS & ANSWERS

Question

Assalaamu alaykum warahmatullaahi wabarakaatuh I recently received an e-mail that implies that we should not kiss our thumb nails and run them over our eyes when we hear Prophet SAW's name (usuallu during azaan). What is the ruling on this? Wassalaamu alaykum warahmatullaahi wabarkaatuh

Answer

Not authentically proven to kiss thumb on hearing name of Nabi (S.A.W)

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #2488

QUESTIONS & ANSWERS

Question

As salaam mu alaikum I have been told that if a person takes in any intoxicants their duas are not accepted for 40 days is this true . Also for the above to fall in place how muh of the drug do i have to take?And does it have to be in its pure form ? i ask it with this situation the drug in this case weed is placed an a hookah pipe along with normal molasses tobacco but the amount of weed is less than the amount of molasses tobacco . please assist JazakAllah

Answer

Anything that intoxicates small or big is Haraam and the law/rule of Duaa applies to it.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #2480

QUESTIONS & ANSWERS

Question

AssalaamuAlaikum My wife & I have been reading some books on marriage and came across the following in a book called Behisti Zewar: It states that the wife should not allow her husband to massage her hands or head even in a loving manner and for her to consider that she wouldn't let her father do it, so she shouldn't let her husband do it out of respect for her husband. Many advices have been given to me about caring for my wife and treating her in loving ways like hugs and rubs. Please provide me clarification on this. Jazaakallah

Answer

Certain actions in a area to be done only for the father whilst others for the husband.
Some actions are to be in private and others in public.
So read text in context

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #2478

QUESTIONS & ANSWERS

Question

As Salaamu Alaikum Where can I find the Islamic dates and years of our birthdays? Where can can I get a Perpectual namaaz time table? Shukren Medina

Answer

Go to the site Islaamic Acedemy

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #2313

QUESTIONS & ANSWERS

Question

salaams i would like to know if the name huzaifah is a good name to keep for my baby as it means short;curtailed. i really like this name but not so sure on the meaning.someone also told me that is a name of a sahabah.

Answer

Name Huziafah:
Name of a high ranking Sahabi. A keeper of secrets and knower of the signs of Qiyaamat. He was told the 12 names of the Munafiqoon by Nabi (S.A.W)

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #2196

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Question

Moulana , Please comment on this article. Permissibility of Music in Islam by Imām Dr. A. Rashied Omar Friday, 24 October 2008 ������������ ���������� ���� ������ In the Name of Allah, the Most Compassionate, the Dispenser of Grace Allah, the Sublime, declares in the Glorious Qurʾān in sūrah al-ʿArāf (The Heights), chapter 7, verses 32 and 33: Say (to them O Muḥammad [pbuh]): Who has forbidden the beautiful (gifts) which God has brought forth for his servants, and the good things from among the means of sustenance. Say: They are lawful in the life of this world for believers especially on the Day of Resurrection. Thus do we clearly spell out our messages for those people of knowledge. Say: What my Lord has indeed prohibited are! Shameful deeds, whether open or secret, sinning and unjustifi ed envy and the ascribing of divinity to others beside Allah since he has given no such authority. And attributing unto God that about which you do not know. Background The world renowned Muslim musician, Sami Yusuf, recently (17-25 October) toured South Africa, and thousands of people attended his live performances in Cape Town, Durban and Johannesburg. For once, both our local Muslim community radio stations, Voice of the Cape and Radio 786, were united in celebrating the music of Sami Yusuf. Unlike local Muslim nasheed artists, such as Zain Bhikha of Johannesburg, who is cautious about using musical instruments, Sami Yusuf plays no less than five classical instruments from the Muslim world during his shows, mainly, as a means of reintroducing them to his audience. Not surprisingly, Sami Yusuf’s South African tour has reignited and rekindled the longstanding local debate on the permissibility of music in Islam. The purpose of the Friday khuṭbah is to guide Muslims with regard to current events. It is with this context in mind that I would like to share with you my views on the contentious topic of the permissibility of music in Islam. I do so in the magnanimous spirit of the great Imām Idrīs al-Shāfi ʿī (d.744), the founder of one of the leading schools of law in Cape Town, who taught us to hold onto our own interpretive positions and legal opinions with great humility and to be open to the perspectives of others: “My opinion is correct with the possibility of its being in error. An opinion diff erent from mine is in error with the likelihood of its being correct.” Lack of Consensus It is important to acknowledge that there exists no consensus (ijmāʿ) among scholars on the question of the permissibility of music in Islam. It is regrettable, however, that often those who hold one or other position on the question do not acknowledge this fact, and proceed to present their views without any reference to the alternative positions. Stating one’s view on the non-permissibility of music in Islam as if it is the only legal position on the matter is intellectually dishonest and disingenuous. Ethics of Disagreement It is imperative for Muslim leaders to cultivate an ethic of disagreement (technically known as adab alikhtilāf) on issues such as music on which there exist two or more scholarly opinions. This implies that all sides in the debate need to be provided a fair opportunity to present their positions without fear or prejudice. Moreover, all protagonists need to make their audience aware of the lack of consensus of the issue and to restrain themselves against engaging in extreme polemics. All Things Permissible One of the well-known principles of Islamic jurisprudence (uṣūl al-fi qh) is that the essence of all things is permissibility (al-aṣlu fi ʾl ashya al-ibahatu). This essentially means that those who advocate that music is permissible do not require any evidence to support their position. The onus rests on those who declare music to be prohibited (ḥarām) to provide clear and unequivocal evidence from the primary sources of Islamic guidance to substantiate their position. Music is Ḥarām! In my humble view, the evidence (adillah) of those scholars who hold music to be prohibited are not unequivocal, but rather insubstantial and unconvincing. The most primary source of Islamic guidance, the Glorious Qurʾān, is silent on the subject of music. Yet, those who argue against music, cite two verses of the Glorious Qurʾān to substantiate their arguments. They read an indirect reference to music in verse 6 of sūrah Luqmān (chapter 31) and verse 64 of sūrah al-Isrāʾ (chapter 17). 31:6 reads, “there is the sort of person who pays for distracting tales, intending, without any knowledge, to lead others from God’s way, and to hold it up to ridicule.” In this verse, the Qurʾānic words: lahw al- ḥadīth, literally means “idle talk,” and which I translate as “distracting tales,” are interpreted by some scholars to mean music. 17:64 reads, “entice whichever you can with your voice.” Here, the Qurʾānic word, “ṣawt” literally meaning “voice” and is interpreted by some commentators as singing and music, and it is associated with the work of Satan. Such interpretations are not supported by the literal meaning of the texts, and are tortured. Moreover, in the view of most commentators, the first verse refers to those who mock the Qurʾān with word play. The second verse occurs in a passage where Satan is refusing to submit to Prophet Adam (pbuh) – “Shall I submit to whom you have created out of dust” (17:61) – and refers to the voice of Satan. The “voice” here signifies all kinds of desire and temptation and has no reference to music whatsoever. More importantly, those who argue against music cite a few prophetic traditions (aḥadīth) in which the Prophet Muhammad (pbuh) ostensibly warned about the dangers of music and musical instruments. I will quote two aḥadīth that are mentioned by the detractors of music. The first one states that: “Music causes hypocrisy to grow in the hearts, just like water causes the crops to grow.”(Mishkat al-Masabih) Read carefully, the ḥadīth refers to one who is already a hypocrite, and thus can safely be assumed to be listening to music that is in confl ict with Islamic values. It does not appear to be referring to one who has a sound heart, who would by nature not be inclined to listen to unacceptable music. The second ḥadīth often quoted reads as follows: “Verily Allah, the Most High, sent me as a mercy and as a guide unto the worlds. And Allah, the Most High, commanded me to destroy musical instruments.”(Musnad Ahmad) Now we know for certain that the Prophet (pbuh) countenanced the playing of the tambourine (diff ) and so this ḥadīth cannot be taken as barring musical instruments altogether. Some scholars such as the Andalusian Muslim scholar, Abū Muḥammad Ibn Ḥazm (d.1064) have declared the above prophetic traditions to be unsound and weak. Contemporary Muslim scholars such as Shaykh Yusuf Al-Qaradawi, Head of the Faculty of Sharīʿah at the Islamic University in Qatar, agree with the views of Ibn Ḥazm (see his book: Al-Ḥalal waʾl Ḥarām fi ʾl Islām). Permissibility of Music More significantly, there exists strong evidence that suggests that music is permissible and wholesome. I would like to share two such prophetic traditions. Both of these prophetic traditions come from the two most authentic compendiums of ḥadīth literature, Ṣaḥiḥ al-Bukhāri and Ṣaḥiḥ Muslim, and both of them are attributed to the wife of the Prophet (saw) Sayyidatina ʿĀʾisha (ra). In the fi rst ḥadīth, ʿĀʾisha reports that it was the days of ʿĪd al-Aḍḥā and she was at home. The Prophet Muhammad (pbuh) was resting with his head covered by some clothes. Two young girls from the Ansar of Madina were beating the tambourine and singing a traditional Ansari song. Even though it is never explicitly mentioned in the ḥadīth, it is plausible that the Prophet himself might have been quietly enjoying the lively music. At this time her father, the illustrious companion of the Prophet, Abubakr (ra), entered the house and on hearing the music immediately reprimanded her by saying: Musical instruments of the devil in the house of the Messenger of Allah? When the Prophet (pbuh) heard this he uncovered his face and said to Abu Bakr: “Leave them, O Abu Bakr. Indeed every community has celebratory days, and this is our day of our ʿĪd.” The Prophet Muhammad (pbuh) basically told Abu Bakr that ʿĪd was a joyous occasion and that singing was a means of enjoyment. The second ḥadīth is also narrated by Sayyidatina Āʾisha (may Allah be pleased with her). A similar and more detailed report is also attributed to the famous ḥadīth narrator, Abu Hurayra (may Allah be pleased with him). Abu Hurayra recalls that it was the days of ʿĪd al-Aḍḥā and some Abyssinian Muslims (currently Ethiopia) decided to celebrate this joyous occasion in the African way by performing a cultural dance with spears to the rhythm of their leather beating drums. Abu Hurayra (ra) furthermore informs us that all of this was taking place in Al-Masjid Al-Nabawi, the Prophet’s Mosque in Madina, the second most sacred sanctuary in Islam after Al-Masjid Al-Haram in Makkah. According to the report of ʿĀʾisha (ra) she says: “that either I requested to watch the African spear dancing or the Prophet Muhammad (pbuh) himself asked me if I would like to watch. And I said yes.” The Prophet Muhammad (pbuh) then took ʿĀʾisha into the crowd and placed her on his back so that she had a better view, and she fondly remembered that her cheek touched his cheek while they keenly watched the African spear dance and drumming. Shortly thereafter the illustrious companion of the Prophet, Umar ibn Al-Khattab (ra), entered the Prophet’s Mosque and on seeing the dancing and drumming was so incensed that he immediately picked up some stones and began throwing the dancers with it to get them to stop. As soon as the Prophet Muhammad (saw) became aware of Umar’s protests he reprimanded him by saying to him: “Leave them alone, Ya Umar” In another report, most probably in deference to Umar’s intrusion, the Prophet felt compelled to encourage the African dancers by saying: “Carry on with your drumming and dancing, O Bani Arfi da! So that the Jews and Christians know that there is latitude in our religion” (Bani Arfi da was the endearing nickname with which the Abyssinians were known among the Arabs.) ʿĀʾisha concludes her narration by informing us that the Prophet allowed her to continue watching the Abysinnian dancing in the Mosque until she had enough. The great classical scholar of Islam, Abū Ḥāmid Al-Ghazālī (d.1111), in his magnum opus, Iḥyāʾ ʿUlūm al-Dīn, employed these prophetic traditions as evidences in substantiating his view that music was both a permissible and a wholesome activity. Many great philosophers of Islam, including al-Kindi, al- Farabi and Ibn Sina, did not interpret the prophetic traditions nor the Qurʾān as banning music, and thus wrote profusely on the theory of music and encouraged its performance. Al-Kindi, for example, argued that music can change our ethical qualities and turn anger into calm, grief into joy, depression into a state of relaxation, rage into friendliness, avarice into generosity and cowardice into bravery. Wholesomeness of Islam It is vital to remember that Islam is a positive and life affirming way of life. As such we have a moral responsibility to produce wholesome and healthy recreation for especially our youth. It is no secret that many if not most of our young people, and indeed not so young, are listening to music. We also know that many of the lyrics and messages promoted by contemporary music are not wholesome and morally sound. Unfortunately there are hardly any wholesome alternatives on the music market these days. There is no doubt in my mind that the delinquency seen in much of contemporary music culture (and these days in the East as well as the West) embodies hardship for the Muslim youth who are inundated with it wherever they go. In my view it is a social obligation (farḍ kifāyah) to produce wholesome alternatives for our youth. Cultural artists such as Sami Yusuf are filling this need and as such they need to be commended. Let me refer to two concrete examples of the positive impact that Sami Yusuf’s South African tour have already had on our youth. I found the following two interesting reflections on the blogs of these two young Muslims who attended the Sami Yusuf shows. The first comes from a young man who attended the 4 Published by © Claremont Main Road Mosque Durban concert and the second is from a young woman in Cape Town. The young man described his experience as follows: “… some people will say that this is haraam, and concerts are imitating the West and we are all going to turn into swines and monkeys but I felt more spiritual tonight than I have felt since coming out of Itikaf. It really was magical. As soon as Sami walked off the stage I hugged my dad. It was that powerful. (http://concerningmjk.blogspot. com/2008/10/concerning-sami.html) The young lady was courageous to compare her experience of attending a rock concert to that of Sami Yusuf’s concert. She wrote the following on her blog: “I’m still sitting in awe of Friday night’s concert. Sami Yusuf had me close to tears with his humble and emotional performance. He’s entire show was superb, although many may have felt uncomfortable with the rock concert ambience, given the lighting and accompanying musicians. That said I’d like to give my opinion in favour thereof. I have, regretfully, been to an actual rock concert before and can honestly say that there is a big difference. Beside the clear absence of alcohol and sexual intermingling, at Sami Yusuf’s peformance the conscious awareness of the Almighty was tangibly apparent. On Friday night, with the beat of his tombak (goblet drum), I had the name of Allah reverberating in my heart and his rendition of Free reflected my feelings to some people’s reactions of me wearing hijab. Throughout the performance, I did not once forget that I am a Muslimah, with La ilaha illa Allah Muhammadu Rasulu Allah, as my theme... While in retrospect, at the rock concert I previously went to, my God consciousness was sadly, completely non-existent. (http://blog.essenceofcapetown. co.za/2008/10/encore.html Cape Musical Talent Whilst listening to the great talents of Sami Yusuf I could not help thinking about our many local talented musicians who are being marginalized by our ambivalent attitudes towards music. Cape Town and in particular the Muslim community has been blessed with a great musical tradition. It is a part of our long history and our deep culture. Given the necessary support and encouragement I have no doubt our local musicians would not only equal the great talents of Sami Yusuf but exceed him. In conclusion, not only should cultural artists such as Sami Yusuf be commended for their witnessing to Islam among our youth but our very own local musician, Yusuf, son of al-marḥūm Boeta Cassiem and Aunty Fatima Ganief, needs our encouragement and support. Yusuf has established a modest company called Desert Rose Music and together with the expertise of his wife they have already produced a popular musical CD for healing and relaxation titled, The Prayer. So perhaps the next time you go out to buy a music CD for yourself or your children consider whether the music you or your children are going to listen to will heighten or lessen your God consciousness. I make duʿā: that Allah helps us to foster a sense of respect for diff ering positions on music and other issues; that Allah, the Most Compassionate, blesses and inspires those talented musicians and cultural activists in our community to continue to produce healthy alternatives for our youth; that Allah, the Most Compassionate, protects our youth from all kinds of vice and moral debauchery. Ismail Wadee DCES: Examination Irregularities

Answer

I have read the article.
It has been reputed numerous times. See on Site "Music in Islaam" and also the work of Majlis ul Ulema ''Music and Musical intruments''

Some comments
1.) Sami Yusuf and the likes are not authorities in Islaam.
2.) By airing on'Voice of Cape' and 'Radio 786' does NOT make it permissable.
3.) The usul that the essence of all things is permissable is not the correct view - see our translation 'The Sunni Path' by Moulana Sarfraaz Khan - thus all that follows falls away.
4.) The interpretation of the Hadith about 'hypocrisy' is erroneous, any non- scholar can see that.
5.) 'Al Halal Wal Haraam fil Islaam' by Yusuf Al Qaradani is full or errors.
6.) The Ahaadith of/ for 'Music' are related to and subjected to abbrogation.
7.) Who does not know that one cannot quote 'Farabi' and 'Ibn Sina' in pure Deeni matters.
8.) By quoting the experiences of youth, let alone music many other 'things' can be 'legalised' - What proof making ?

Kindly also forward to various Ifta Departments for thier inputs.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #1681

QUESTIONS & ANSWERS

Question

Are you allowed to take photos of people with your cell phone?

Answer

No

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #1459

QUESTIONS & ANSWERS

Question

As Salaam U Alaikum Mufti, I would like to know if suicide bombing is haraam. My question relates to the various suicide bombings in the east.

Answer

All depends on the intentions, situations, circumstances, senarios.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #1441

QUESTIONS & ANSWERS

Question

Assalamu Alaikum May I please know if a lady can sit in Itikaaf at one of the two Haramains during Ramadaan. If so what is the procedure, especially if she has to go quite often to the toilet? I am aware that it is preferable to sit at home but in my case I will not be able to sit without having to get up to prepare for Sehri and Iftaar. Jazakallah

Answer

Women cannot sit in any Masjid for Itikhaaf

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #297

QUESTIONS & ANSWERS

Question

If a halaal product is put into a bovine gelatine capsule, can one throw the capsule away and consume the contents?

Answer

Yes

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #1010

QUESTIONS & ANSWERS

Question

Can we allow uncircumcised Muslim to call out Azaan?

Answer

Yes, but such a person should undergo the procedure of circumcision as soon as as possible.

And Allah Knows Best

Mufti Elias (May Allah Protect him)

Question #1009

QUESTIONS & ANSWERS

Question

Is it permissible for one to eat food which is given to people after digging a grave during funeral?

Answer

If food is given to grave diggers out of NEED and not as payment or custom or ritual or form of ibaadat then it is permissable.

And Allah Knows Best

Mufti Elias (May Allah Protect him)