ummtaalib

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Is it permissible to give zakaat to Sayyids? Q: Is it true that zakaat shouldn't be given to Sayyids. I wanted to give my yearly zakaat amount to one of my family relatives as they are very poor but my mom stopped me and told me that zakaat cannot be given to Sayyids. Is this true? A: It is not permissible to give zakaat to Sayyids. However you may assist them with besides zakaat. And Allah Ta'ala (الله تعالى) knows best. (لا) يصرف (إلى بناء) نحو (مسجد و)…. (و) لا إلى (من بينهما ولاد) ولو مملوكا لفقير (أو) بينهما (زوجية) ولو مبانة وقالا تدفع هي لزوجها… (و) لا إلى (غني) يملك قدر نصاب فارغ عن حاجته الأصلية من أي مال كان كمن له نصاب سائمة لا تساوي مائتي درهم…(و) لا إلى (طفله) بخلاف ولده الكبير وأبيه وامرأته الفقراء وطفل الغنية فيجوز لانتفاء المانع (و) لا إلى (بني هاشم) إلا من أبطل النص قرابته وهم بنو لهب فتحل لمن أسلم منهم كما تحل لبني المطلب ثم ظاهر المذهب إطلاق المنع وقول العيني والهاشمي يجوز له دفع زكاته لمثله صوابه لا يجوز نهر… (ولا) تدفع (إلى ذمي) لحديث معاذ (در المختار 2/ 344-350) Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)

Foster care of children in Islam Question Is foster care of children allowed in Islam? What is the proper method of adoption? What about organizations that require a couple to be married 3 years, is this required in Islamic adoption? What about purdah, is the child mehram or nonmehram to adoptive parents? Up to what age must the child be cared for? what about programs that wont give child until three years later? Answer If by adoption is meant that you take a poor child and look after his boarding, lodging and clothing, Islam has always stressed the importance of helping the poor and needy people. One can always give charity and fatherly love to the child. It is reported in a Hadith that the one who assumes responsibility for the well-being of an orphan will be granted the nearness of Nabi (Sallallahu Alayhi Wasallam) in Jannat (Mishkaat). This is an extremely neglected Sunnat of our beloved Nabi (Sallallaahu Alayhi Wasallam) and we should definitely aspire in this direction; however, we must uphold the framework of the Shariah. One cannot legally adopt; you cannot give your name to the child. Legal adoption like this is prohibited in Islam. If a person legally adopts a child there can be several complications. Firstly, the child will lose his identity. Secondly, suppose after adopting a child one has children of his own. It is natural that in such a situation you will show bias in favour of your own blood child. Thirdly, if the child born to you is of the opposite sex to the adopted child, they cannot freely stay in the same home because they aren’t blood related to each other. When the adopted child, a girl, grows up, she has to make Purdah (Hijaab) with the adopted father as he is not her real father. If the boy becomes a man and marries, there will be Hijaab between the so called father and daughter-in-law. If you adopt a child you will be depriving him/her of many rights. If a person dies, the property that he leaves behind has to be divided according to what is mentioned in the Qur’an. If the person has children and if he legally adopted a child, he will be depriving his own child of his legitimate inheritance. If a person has no children when he dies, then his wife will get 1/4 the estate. If there are children she gets 1/8. Again the adopted child will reduce the share of the mother should this child be considered legally legitimate. To avoid all these complications, legal adoption is prohibited in Islam. However this should in no way dissuade us from earning tremendous reward by taking care of orphan children. and Allah Ta’ala Knows Best Mufti Ebrahim Desai askimam

Q. Does fosterage refer to adoption in Islam? A. If by fosterage you are referring to the breastfeeding/suckling (Radhaa’at) of a child, then there is a difference between fosterage and adoption in Islam. If a child is breastfed/suckled before the age of two years, a bond of fosterage (Radhaa’at) is established. The relationship that is established through lineage will be the same relationship that will be established through fosterage (Radhaa’at). For e.g. ones foster mother, father, brother, sister etc. would be considered to be one’s Mahrams. If a child is taken under one’s care and adopted without breastfeeding/suckling (Radhaa’at) the child, then no bond of fosterage (Radhaa’at) will take place. In this case, the child would not be considered to be ones Mahram. The laws that govern breastfeeding/suckling/fosterage (Radhaa’at) are different from the laws of adoption in Islam. And Allah Ta’ala Knows Best Mufti Ismaeel Bassa Confirmation: Mufti Ebrahim Desai (Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians

The Fiqh of Adopting a Child <QUESTION> What is the Fiqh of adopting a child? <ANSWER> In the name of Allah, Most Compassionate, Most Merciful, Adopting someone else’s child, bringing it up, seeing to its education and training and being kind and good towards him/her is very virtuous and a commendable act. If the child is an orphan and has no support, then the reward is much more. In a Hadith recorded by Imam al-Bukhari in his Sahih, the Messenger of Allah (Allah bless him and give him peace) said: “I and the guardian of the orphan will be in Paradise like this” and the Prophet (Allah bless him and give him peace) joined his index finger with his middle finger. (Sahih al-Bukhari) Meaning that the one who looks after the orphan will be very close to the Prophet (Allah bless him and give him peace) in Paradise. This is an extremely neglected Sunnah of our beloved Prophet (Allah bless him & give him peace), and we should definitely encourage ourselves and others towards this direction. However, it should always be kept in mind that according to Shariah, the lineage of the adopted child does not become established with the adoptive parents. Adoption of a child has no legal effect in Shariah. The child should not be attributed except to the natural parents, and not to those who have adopted him/her. This is a fundamental principle and ruling laid down by the Holy Qur’an. The people in the days of ignorance (Jahiliyya) used to treat an adopted child as the real one in all aspects. The Qur’an condemned this practice with the following verse: “And He (Allah) did not make your adopted sons your sons. That is only your speech by your mouths. And Allah guides you to the right path. Call them by (the names of) their (real) fathers. It is more just in the sight of Allah.” (Surah al-Ahzab, v: 4, 5) The Messenger of Allah (Allah bless him and give him peace) adopted the Companion Zaid ibn Haritha (Allah be pleased with him), thus the other companions (Allah be pleased with them) initially referred to him as “Zaid ibn Muhammad”. When the abovementioned verse of the Qur’an was revealed, they reverted to calling him “Zaid ibn Haritha”. In view of this important principle of Shariah, the following points need to be taken in to consideration: 1) Legal adoption is not permissible. This means that one cannot change the lineage of an adopted child and substitute the names of his real parents with adoptive parents. The child should always be attributed to the real parents so that it becomes common knowledge amongst the people who the real parents are. 2) If the adoptive mother breastfeeds the adopted child, then it becomes their foster child. In this case the child will be similar to the real children with regards to the Nikah and Hijab rules, i.e. the child can not marry the foster parent, neither any of the foster parent’s children. However with regards to inheritance, the child will not inherit from the family. 3) If the adoptive mother does not breastfeed the adopted child, then the relationship of fosterage will not be established and the child will be classed as other children with regards to Nikah and Hijab. An adopted child can marry its adoptive parents and their children. Also if a male child is adopted by a woman, she will have to observe Hijab from him after he reaches the age of puberty and visa versa. The adopted child will also (after puberty) observe Hijab with the adoptive parent’s children. 4) An adopted child will not inherit from his adoptive parents and to regard an adopted child as a real child in the matter of inheritance is incorrect. However, it should be remembered that although the child cannot inherit from the adoptive parents, it is permissible, rather advisable to make a bequest in its favour in ones life time. This “will” for the child can be made up to one third of one’s wealth, provided the child is not already included in the list of inheritors. 5) It is necessary to allow the adopted child to meet its real parents. Preventing him/her from meeting them and creating any obstacles will be considered as oppression. 6) Good behaviour and conduct should be displayed towards the adopted children, especially if they are orphans. If a person cannot look after the adopted child in a proper manner, then he should not adopt, otherwise he will earn punishment rather than reward. 7) The wealth of the adopted child, who has not yet reached puberty, should be kept safe. If there is a need to spend the money on the child, then one can utilize the child’s money upon him. However it should be spent with extreme care and there should be no extravagance. Loans cannot be taken from the child’s money, nor can it be given in charity. From the foregoing, all your queries should be answered; nevertheless here are the answers to your questions: (1) Yes, the boy will be considered a brother to the children whose mother breastfed him, and therefore all the rules Nikah will apply. (2) Yes, the boy will be a Mahram to the woman who breastfed her and thus Nikah with her or her children will be not allowed. (3) No, the boy will not be a Mahram to the adoptive mother and will have to observe Hijab with her after reaching puberty and also the rules of Nikah will apply. And Allah Knows Best [Mufti] Muhammad ibn Adam Darul Iftaa Leicester , UK

Duaa before Sleeping – 10 One should recite the following duaa before going to sleep لاَ إلَهَ إلاَّ اللَّهُ وَحْدَهُ لاَ شَرِيكَ لَهُ، لَهُ الْمُلْكُ وَلَهُ الْحَمْدُ وَهُوَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ ، لاَ حَولَ وَلاَ قُوَّةَ إلاَّ بِاللهِ سُبْحَانَ اللهِ وَالحَمدُ لله وَ لاَ إلَهَ إلاَّ اللَّهُ وَ اللَّهُ أَكْبَر There is no deity besides Allah Ta’ala, who is alone, who has no partner. To Him belongs the entire universe, and for Him is all praise and He has power over everything. There is no ability (to avoid sins) and no power (to do good) except with the help of Allah Ta’ala. Glory be to Allah, All praise is to Allah, there is none worthy of worship besides Allah, and Allah is the greatest. عن أبي هريرة رضي الله عنه عن النبي صلى الله عليه و سلم قال : من قال حين يأوي إلى فراشه : لا إله إلا الله وحده لا شريك له له الملك وله الحمد وهو على كل شيء قدير لا حول ولا قوة إلا بالله سبحان الله والحمد لله ولا إله الله والله أكبر غفر الله ذنوبه أو خطاياه ـ شك مسعر ـ وإن كان مثل زبد البحر (صحيح ابن حبان رقم 5528) Hadhrat Abu Hurayrah (Radhiyallahu Anhu) reports that Rasulullah (Sallallahu Alaihi Wasallam) said: “Whoever recites the following duaa when retiring to bed, Allah Ta’ala will forgive his sins, even though it be as much as the foam of the ocean.” لاَ إلَهَ إلاَّ اللَّهُ وَحْدَهُ لاَ شَرِيكَ لَهُ، لَهُ الْمُلْكُ وَلَهُ الْحَمْدُ وَهُوَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ ، لاَ حَولَ وَلاَ قُوَّةَ إلاَّ بِاللهِ سُبْحَانَ اللهِ وَالحَمدُ لله وَ لاَ إلَهَ إلاَّ اللَّهُ وَ اللَّهُ أَكْبَر

How to comaplaint to the BBC (Demonstration Video): https://www.youtube.com/watch?v=3YtXWwtFRrY Complaint to BBC Click this link: ssl.bbc.co.uk/complaints/forms/?lang=en&reset=&ui... Program was called "The Deobandis" Aired on 05th of April 2016 at 09:00 Lodge a complaint

Having Hope in Allah Ta’ala Alone Hazrat Mufti Ebrahim Salejee (Daamat Barakaatuhu) mentioned Allah Ta’ala loves this type of sincerity where the heart is cleaned and cleared from every other thing but Allah. One has his hope in Allah Ta’ala alone. One has the conviction within his heart that the only door to get my needs fulfilled is His door. When one makes duaa in this state, then Allah Ta’ala readily answers that duaa.

Observing Hijaab in the presence of granduncles Q. Assalaamu alaikum wa rahmatullahi wa barakatuh I recently went into niqaab. 1) Am I allowed to show my face to my mother's aunt's husband? (My mother's aunt is my grandmother's sister) Or in other words, my mum's maternal aunt's husband.*2) Am i allowed to show my face to my mother's blood uncle?*My mother's blood uncle is Her mother's brother. (I.e My grandmother's brother) Both of them are old and are 60-70 Jazakallahu khair (Question published as received) A. 1. Your grandmother’s sister’s husband is considered a non-Mahram (stranger) to you. Hence, you will have to observe Hijaab from him. 2. Your grandmother’s brother is considered a Mahram (non-stranger) to you. Hence, it will not be necessary for you to observe Hijaab from him. (Al-Lubaab-Fi Sharhil-Kitaab 3/4) And Allah Ta’ala Knows Best Mufti Ismaeel Bassa Confirmation:Mufti Ebrahim Desai (Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians

Wa'alaykumus salaam warahmatullaahi wabarakaatuhu Jazakallaahu khayran...topic already posted here

Social Media Jumu'ah Talk by Mufti Ebrahim Desai Hafidhahullah Mufti Saheb commenced his talk with the incident of Aadam and Hawa (Alayhimas-Salaam) living in Jannah and being expelled after eating the fruit from the prohibited tree. Mufti Saheb proceeded to explain we are living in this world of technology. 50% of the worlds population are internet users. An average person spends 5 years of his life on social media platforms. Mufti Saheb then explained just as in Jannah there are permissible trees and a prohibited tree, that caused Aadam and Hawa to be expelled from Jannah, there are positive aspects as well as negative aspects of information technology. Some of the negative aspects of information technology are: It disconnects you with those who you ought to be connected Immorality Children having cell-phones and challenges to parents. Should parents give children cell-phones and supervise the use or not give them the cell -phone at all? Mufti Saheb concluded by explaining the law of need in Shari'ah. The prohibition of pork is relaxed due to need. To consume more than the need will be a sin. Information technology is a need. To transgress the need will be a sin like consuming pork. If we are averse to pork, why are we not averse to the sins of social media platforms? Listen to the full talk on http://daruliftaa.net/index.php/resources/audio taken from Here

Warning for Turning Away from the Sunnah عن أنس رضي الله عنه قال قال رسول الله صلى الله عليه و سلم من رغب عن سنتي فليس مني رواه مسلم (الترغيب والترهيب 1/110) Hadhrat Anas (Radhiyallahu Anhu) reports that Rasulullah (Sallallahu Alaihi Wasallam) said: “Whoever turns away from my sunnah is not from me.”

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Hadhrat Abu Zar Ghifaari (radhiyallahu ‘anhu) – Part Two Accepting Islam: There are different narrations recorded regarding Hazrat Abu Zar (radhiyallahu ‘anhu) accepting Islam. The First Narration: The first narration is reported by Hazrat ibn ‘Abbaas (radhiyallahu ‘anhuma). He says: When the news reached Hazrat Abu Zar (radhiyallahu ‘anhu) that Nabi (sallallahu ‘alaihi wasallam) had claimed Nubuwwah, he said to his brother, “Travel to the valley of Makkah Mukarramah and enquire regarding the person who claims that he is a Nabi who receives revelation from the sky. Listen to his message and thereafter return to me.” Accordingly, his brother travelled to Makkah Mukarramah and listened to the message of Nabi (sallallahu ‘alaihi wasallam). When he returned to Hazrat Abu Zar (radhiyallahu ‘anhu), he said, “I have seen him commanding people to adopt excellent character and he speaks words which are not poetry.” Hazrat Abu Zar (radhiyallahu ‘anhu) replied, “The information which you have brought me is insufficient to convince me regarding his being a Nabi.” He thereafter packed some provisions, took his water skin and travelled to Makkah Mukarramah. When he arrived in Makkah Mukarramah, he proceeded to the Musjid and began to search for Nabi (sallallahu ‘alaihi wasallam). However, he did not know what Nabi (sallallahu ‘alaihi wasallam) looked like and was reluctant to ask anybody about him. He thus remained in the Musjid until night began to set in. As it was now late and he had nowhere to go, he lay down. At that point, Hazrat ‘Ali (radhiyallahu ‘anhu) saw him and realized that he was a stranger. Hazrat ‘Ali (radhiyallahu ‘anhu) therefore invited him home where he hosted him for the night. The entire night passed and neither of them spoke or asked each other anything regarding the purpose for Hazrat Abu Zar (radhiyallahu ‘anhu) travelling to Makkah Mukarramah. When morning dawned, Hazrat Abu Zar (radhiyallahu ‘anhu) took his water skin and provisions and proceeded to the Musjid where he again waited the entire day without finding Nabi (sallallahu ‘alaihi wasallam). When evening set in and Hazrat Abu Zar (radhiyallahu ‘anhu) lay down to sleep, Hazrat ‘Ali (radhiyallahu ‘anhu) once again passed by and remarked, “Does this man still not know what he has come for?” Hazrat ‘Ali (radhiyallahu ‘anhu) then took Hazrat Abu Zar (radhiyallahu ‘anhu) home where he hosted him for the second night. That night also passed without any of them mentioning the reason for which Hazrat Abu Zar (radhiyallahu ‘anhu) had come to Makkah Mukarramah. When the third day arrived, Hazrat Abu Zar (radhiyallahu ‘anhu) again went to the musjid and waited until the evening without finding Rasulullah (sallallahu ‘alaihi wasallam). Hazrat ‘Ali (radhiyallahu ‘anhu) again took Hazrat Abu Zar (radhiyallahu ‘anhu) home and on this occasion, he asked him, “Will you not tell me the reason for which you have come here?” Hazrat Abu Zar (radhiyallahu ‘anhu) replied, “If you give me your word and promise me that you will guide and assist me, I will.” Hazrat ‘Ali (radhiyallahu ‘anhu) promised him that he would guide and assist him and he thus informed Hazrat ‘Ali (radhiyallahu ‘anhu) that his purpose for coming to Makkah Mukarramah was to meet Rasulullah (sallallahu ‘alaihi wasallam) and listen to his message in order to ascertain whether or not he really was the true Nabi of Allah. When he heard this, Hazrat ‘Ali (radhiyallahu ‘anhu) said, “It is the truth. He really is the Rasul of Allah (sallallahu ‘alaihi wasallam). Follow me in the morning so that I may take you to him. If I see anything which causes me to fear for your safety, I will stop as if I wish to relieve myself. If I continue walking, follow me until you enter where I enter.” When it was morning, Hazrat Abu Zar (radhiyallahu ‘anhu) did as Hazrat ‘Ali (radhiyallahu ‘anhu) had instructed and followed him until he finally entered into the blessed presence of Rasulullah (sallallahu ‘alaihi wasallam). Hazrat Abu Zar (radhiyallahu ‘anhu) met Rasulullah (sallallahu ‘alaihi wasallam) and listened to his message after which he embraced Islam. Rasulullah (sallallahu ‘alaihi wasallam) then instructed him saying, “Return to your people and inform them of Islam. Remain with them until you receive instruction from me.” Hazrat Abu Zar (radhiyallahu ‘anhu), however, was so filled with the fervor and eagerness to announce his Islam that he said, “I take an oath by that Being in whose hands lie my life! I will most definitely openly call out and announce my Islam in the very midst of the disbelievers!” He thus proceeded to the Musjid where he called out at the top of his voice, “I testify that there is none worthy of worship but Allah and that Muhammed (sallallahu ‘alaihi wasallam) is His slave and messenger!” As soon as he had declared his Imaan, people fell on him from all sides and beat him so severely that they dropped him to the ground. On seeing the people attack and assault him, Hazrat ‘Abbaas (radhiyallahu ‘anhu) rushed to his aid. He crouched over him to protect him and shouted to the people, “Woe to you! Do you not know that he is from the Ghifaar clan and that they are on the route by which your trade caravans travel to Shaam?” The people immediately ceased hitting Hazrat Abu Zar (radhiyallahu ‘anhu) as they feared that their trade caravans would be attacked and waylaid by the Ghifaar clan in retaliation. However, the eagerness of Hazrat Abu Zar (radhiyallahu ‘anhu) could not be suppressed and so he went to the Musjid the next day and again announced his Islam. The people had such a hatred for Islam that they could not control themselves and again began to beat him. Once again, it was Hazrat ‘Abbaas (radhiyallahu ‘anhu) who rushed to his side and rescued him. (Saheeh Bukhari #3861) Source: Whatisislam.co.za

Hadhat Abu Zar Ghifaari (radhiyallahu ‘anhu) – Part One Name: Jundub bin Junaadah (Isaabah 7/105, Usdul Ghaabah 1/343) Appellation: Abu Zar Mother’s Name: Ramlah bint Al-Waqee‘ah (Usdul Ghaabah 4/436, Istee‘aab 1/321) Physical Description: He was a tall, thin Sahaabi who was wheat colored in complexion and had a thick beard. (Isaabah 7/107, Siyar A‘laam min Nubalaa 3/379) Condition before Accepting Islam: Before accepting Islam, Hazrat Abu Zar (radhiyallahu ‘anhu) was a highway-robber. He was so brave and courageous that he would, without any assistance, single handedly rob travelers. He would waylay the caravans that would stop for water in the early morning. He would attack them from horseback or on foot with great speed and talent. (Siyar A‘laam min Nubalaa 3/373) Hazrat Abu Zar (radhiyallahu ‘anhu) believed in Tauheed (the Oneness of Allah Ta‘ala) prior to the advent of Islam. He had begun worshiping Allah Ta‘ala three years before embracing Islam at the hands of Nabi (sallallahu ‘alaihi wasallam). (Usdul Ghaabah 1/343) Source: Whatisislam.co.za

Question Is there any difference in salat of a man or woman in Shafi'i fiqh? Answer wa ʿalaikum al-salām wa raḥmatullāhi wa barakātuh As far as the integrals and conditions of the ṣalāt are concerned, there is no difference between men and women; the differences are in the following recommended acts: 1-In rukūʿ and in sujūd, it is recommended for men to distance their stomachs from their thighs and their elbows from their sides, whereas it is recommended for women to keep their stomachs as close as possible to their thighs and their elbows as close as possible to their sides. 2-In qiyām, it is recommended for men to keep their feet a hand-span (~9 inches) apart from, whereas it is recommended for women to keep their feet together. 3-It is recommended for women to lower their voices when praying in the presence of non-maḥram men. 4-When praying in a congregation and the imam makes a mistake, it is recommended for women to clap by hitting the outer part of the left hand with the palm of the right hand, even in an all-female congregation, whereas it is recommended for the men to say 'subḥān Allah!'. 5-In an all-female congregation, it is recommended for the female imam to stand in the center of the first row, and move up slightly ahead of the rest of the row, whereas it is recommended for the male imam to stand completely ahead of the first row. Allah knows best. Reference: Ḥāshiyat al-Bājūri 1/330 Answered by Shaykh Omar Mohsin Source

Q. Assalamu Alaykum W.W. I have a question to ask regarding the masla on menopause : If a woman’s menstrual cycle lasted 3 days during her normal days of haidh and she still continues to bleed for 3 days even for 1 month after attaining her age of 55 lunar years, will this be construed as haidh or istehaaza ? JazakAllah.Was Salaam. A. The minimum period of a valid menstruation/haidh is three days. The maximum is ten days. Hence, if a woman bleeds for three days, her menstruation/haidh will be three days. In the case of a menopausal woman bleeding, if she bleeds one Month etc. after the menopausal age of fifty five lunar years, the bleeding would be considered to be menstruation/haidh on condition that the blood colour is the same as the blood colour of menstruation/haidh experienced prior to the menopausal age of menstruation. For e.g. the blood prior to the menopausal age of menstruation/haidh was red and it is also red after the menopausal age of menstruation/haidh. In such a case, it would be considered menstruation/haidh. (Shaami 1/304) And Allah Ta’ala Knows Best Mufti Ismaeel Bassa Confirmation: Mufti Ebrahim Desai Jamiatul Ulama (KZN) Council of Muslim Theologians

Calculating the safar distance Q: From where should a Musaafir start calculating his safar distance? Should he commence from his residence or from the border of the area he resides in? A: He should start calculating the safr distance from the border of the area. The border of the area refers to the place where the residential area ends. ( من خرج من عمارة موضع إقامته ) من جانب خروجه وإن لم يجاوز من الجانب الآخر وفي الخانية إن كان بين الفناء والمصر أقل من غلوة وليس بينهما مزرعة يشترط مجاوزته وإلا فلا ( قاصدا ) ولو كافرا ومن طاف الدنيا بلا قصد لم يقصر ( مسيرة ثلاثة أيام ولياليها ) من أقصر أيام السنة ولا يشترط سفر كل يوم إلى الليل بل إلى الزوال ولا اعتبار بالفراسخ على المذهب ( بالسير الوسط مع الاستراحات المعتادة ) حتى لو أسرع فوصل في يومين قصر ولو لموضع طريقان أحدهما مدة السفر والآخر أقل قصر في الأول لا الثاني ( صلى الفرض الرباعي ركعتين ) وجوبا (الدر المختار 2/ 121) قال الشامي : قوله ( من خرج من عمارة وضع إقامته ) أراد بالعمارة ما يشمل بيوت الأخبية لأن بها عمارة موضعها قال في الإمداد فيشترط مفارقتها ولو متفرقة وإن نزلوا على ماء أو محتطب يعتبر مفارقته كذا في مجمع الروايات ولعله ما لم يكن محتطبا واسعا جدا اه وكذا ما لم يكن الماء نهرا بعيد المنبع وأشار إلى أنه يشترط مفارقة ما كان من توابع موضع الإقامة كربض المصر وهو ما حول المدينة من بيوت ومساكن فإنه في حكم المصر وكذا القرى المتصلة بالربض في الصحيح بخلاف البساتين ولو متصلة بالبناء لأنها ليست من البلدة ولو سكنها أهل البلدة في جميع السنة أو بعضها ولا يعتبر سكنى الحفظة والأكرة اتفاقا إمداد وأما الفناء وهو المكان المعد لمصالح البلد كركض الدواب ودفن الموتى وإلقاء التراب فإن اتصل بالمصر اعتبر مجاوزته وإن انفصل بغلوة أو مزرعة فلا كما يأتي بخلاف الجمعة فتصح إقامتها في الفناء ولو منفصلا بمزارع لأن الجمعة من مصالح البلد بخلاف السفر كما حققه الشرنبلالي في رسالته وسيأتي في بابها والقرية المتصلة بالفناء دون الربض لا تعتبر مجاوزتها على الصحيح كما في شرح المنية أقول إذا علمت ذلك ظهر لك أن ميدان الحصا في دمشق من ربض المصر وأن خارج باب الله إلى قرية القدم من فنائه لأنه مشتمل على الجبانة المتصلة بالعمران وهو معد لنزول الحاج الشريف فإنه قد يستوعب نزولهم من الجبانة إلى ما يحاذي القرية المذكورة فعلى هذا لا يصح القصر فيه للحجاج وكذا المرجة الخضراء فإنها معدة لقصر الثياب وركض الدواب ونزول العساكر ما لم يجاوز صدر الباز بناء على ما حققه الشرنبلالي في رسالته من أن الفناء يختلف باختلاف كبر المصر وصغره فلا يلزم تقديره بغلوة كما روي عن محمد ولا بميل أو ميلين كما روي عن أبي يوسف قوله ( من جانب خروجه الخ ) قال في شرح المنية فلا يصير مسافرا قبل أن يفارق عمران ما خرج منه من الجانب الذي خرج حتى لو كان ثمة محلة منفصلة عن المصر وقد كانت متصلة به لا يصير مسافرا ما لم يجاوزها ولو جاوز العمران من جهة خروجه وكان بحذائه محلة من الجانب الآخر يصير مسافرا إذ المعتبر جانب خروجه اه (رد المحتار 2/ 121) وإذا فارق المسافر بيوت المصر صلى ركعتين لأن الإقامة تتعلق بدخولها فيتعلق السفر بالخروج عنها وفيه الأثر عن علي رضي الله عنه لو جاوزناهذا الخص لقصرنا ولا يزال على حكم السفر حتى ينوي الإقامة في بلدة أو قرية خمسة عشر يوما أو أكثر وإن نوى أقل من ذلك قصر لأنه لا بد من اعتبار مدة لأن السفر يجامعه اللبث فقدرناها بمدة الطهر لأنهما مدتان موجبتان وهو مأثور عن ابن عباس وابن عمر رضي الله عنهم والأثر في مثله كالخبر والتقييد بالبلدة والقرية يشير إلى أنه لا تصح نية الإقامة في المفازة وهو ا لظاهر (الهداية 1/ 166) Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)

Foster Nephew as Mahram Q. As Salaamu alaikum w w A lady in my community wishes to leave for Umrah with her foster-sister's son. Both sisters were breastfed by one woman. Is it permissible for her to go for Umrah taking her foster nephew as her Mahram? Jazakallah Khair.Was Salaam (Question published as received) A.Your foster-sister's son is considered to be your foster-nephew. Accordingly, your foster-nephew is a Mahram to you and hence, he can accompany you as your Mahram for the purpose of Umrah. (Mahmoodiyyah 17/40) And Allah Ta’ala Knows Best Mufti Ismaeel Bassa Confirmation: Mufti Ebrahim Desai (Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians

Duaa before Sleeping – 9 One should recite the following duaa thrice before going to sleep أَسْتَغْفِرُ اللَّهَ الَّذِي لاَ إِلَهَ إِلاَّ هُوَ الحَيَّ القَيُّومَ وَأَتُوبُ إِلَيْهِ I seek Allah’s forgiveness, the One besides whom there is no deity, the Ever- Living, the Eternal, and I turn to Him in seeking His pardon عن أبي سعيد رضي الله عنه عن النبي صلى الله عليه وسلم قال: من قال حين يأوي إلى فراشه: أستغفر الله الذي لا إله إلا هو الحي القيوم وأتوب إليه، ثلاث مرات، غفر الله ذنوبه وإن كانت مثل زبد البحر، وإن كانت عدد ورق الشجر، وإن كانت عدد رمل عالج، وإن كانت عدد أيام الدنيا. (ترمذي رقم 3397) Hadhrat Abu Sa’eed (Radhiyallahu Anhu) reports that Rasulullah (Sallallahu Alaihi Wasallam) said: “Whoever recites the following duaa thrice before retiring to bed, Allah Ta’ala will forgive his sins even though it be as much as the foam of the ocean, or as much as the number of the leaves on the trees, or as much as the sand of the land of Aalaj (the name of a certain place), or sas much as the number of days in this world.” أَسْتَغْفِرُ اللَّهَ الَّذِي لاَ إِلَهَ إِلاَّ هُوَ الحَيَّ القَيُّومَ وَأَتُوبُ إِلَيْهِ

Duaa before Sleeping – 8 One should recite the following duaa before going to sleep اللَّهُمَّ إِنِّى أَعُوذُ بِوَجْهِكَ الْكَرِيمِ وَكَلِمَاتِكَ التَّامَّةِ مِنْ شَرِّ مَا أَنْتَ آخِذٌ بِنَاصِيَتِهِ اللَّهُمَّ أَنْتَ تَكْشِفُ الْمَغْرَمَ وَالْمَأْثَمَ اللَّهُمَّ لاَ يُهْزَمُ جُنْدُكَ وَلاَ يُخْلَفُ وَعْدُكَ وَلاَ يَنْفَعُ ذَا الْجَدِّ مِنْكَ الْجَدُّ سُبْحَانَكَ وَبِحَمْدِك O Allah, I seek protection in Your noble Countenance and in Your perfect words from the evil of all things which are in Your control. O Allah, You alone can settle my debts and forgive my sins. O Allah, Your army will never be defeated, and Your promise will never be broken, and the strive of the one who strives will not benefit him (without Your mercy). You are pure (from all weaknesses) and all praise belongs to You. عن على رضي الله عنه عن رسول الله صلى الله عليه وسلم أنه كان يقول عند مضجعه: اللهم إنى أعوذ بوجهك الكريم وكلماتك التامة من شر ما أنت آخذ بناصيته اللهم أنت تكشف المغرم والمأثم اللهم لا يهزم جندك ولا يخلف وعدك ولا ينفع ذا الجد منك الجد سبحانك وبحمدك (ابو داود رقم 5054) Hadhrat Ali (Radhiyallahu Anhu) reports that Rasulullah (Sallallahu Alaihi Wasallam) used to recite the following Duaa when retiring to bed: اللَّهُمَّ إِنِّى أَعُوذُ بِوَجْهِكَ الْكَرِيمِ وَكَلِمَاتِكَ التَّامَّةِ مِنْ شَرِّ مَا أَنْتَ آخِذٌ بِنَاصِيَتِهِ اللَّهُمَّ أَنْتَ تَكْشِفُ الْمَغْرَمَ وَالْمَأْثَمَ اللَّهُمَّ لاَ يُهْزَمُ جُنْدُكَ وَلاَ يُخْلَفُ وَعْدُكَ وَلاَ يَنْفَعُ ذَا الْجَدِّ مِنْكَ الْجَدُّ سُبْحَانَكَ وَبِحَمْدِك

Islam Denounces Terrorism By Shaykh Mufti Zubair Dudha Islãmic Tarbiyah Academy

BBC focus on British Deobandi, how should you respond? In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh Letters received by numerous Deobandi institutes this week from the BBC News & Current Affairs department has stirred a great deal of interest and frenzy on social media. In light of these letters we would like to point out that the matter is being discussed amongst the ‘Ulama and responses to the BBC are being formulated. Whilst we are unable to make the contents of these letters public at this time as they are under response, we would like to make a few observations and comments, to bring factual and accurate representation of Deobandi scholars and institutes, as well as to remind Muslims on how they should respond. Although the letters don’t contain the details of the program, we think that the program is entitled ”The Deobandis” to be aired in 2 parts with the first part going live on Tuesday the 5th of April 2016 between 9.00am-9.45am. We encourage Muslims to tune in to both parts and to listen in. Understanding the nuances of the term “Deobandi” Darul ‘Uloom Deoband which is the full name that is often shortened to “Deoband” is an institute of higher Islamic education in a town called Deoband in India that was established in 1866 to preserve the heritage of religious learning. Today, it remains one of India’s largest and oldest seminaries where Muslims not only from India, but countries like Pakistan, Uzbekistan, Bangladesh etc., as well as from the Middle East and East Asia attend to gain undergraduate and post-graduate degrees in Islamic Studies (‘Alimiyyah, Ifta, Tafsir, Hadith etc.). Those associated with Darul ‘Uloom Deoband have played a crucial role in promoting a pluralistic society within India. During his speech at the World Sufi Forum (Delhi) on the 17th of March 2016, the Indian prime minister Narendra Modi's acknowledged this role and paid tribute to the Scholars of Deoband stating: The tallest of our leaders, such as Maulana Azad, and important spiritual leaders, such as Maulana Hussain Madani, and millions and millions of ordinary citizens, rejected the idea of division on the basis of religion. Islam does not have a central religious authority, unlike for instance The Pope in Catholicism, and has always had a rich tapestry of diverse mutually-existing emphasis and interpretations of the sources of the religion – the Quran and Sunnah. In that context, it was up to scholarship to investigate and interpret the sources, and thus to establish normative Islam. These efforts very early in Islamic civilisation led to the establishment of centres of learning where both religious knowledge and subjects like Astronomy, Medicine, Chemistry, Geography, Logic, Philosophy etc. where taught. It became customary for scholars to take the name of the place they were from (or most known to be from) as suffixes in their names. And sometimes they would take multiple names. For example, the term “Al-Qurtubi” has been used for scholars from Cordoba in Spain, “Al-Azhari” for scholars from the institute of Al-Azhar in Cairo, “Al-Khwarizmi” for scholars from Khwarizm in Uzbekistan, and so on. The closest to this tradition in UK is the custom of showing the university one attained their degree from, such as the designation “Oxon” for Oxford or “Cantab” for Cambridge. The use of the term “Deobandi” derives from this tradition, and refers to scholars who have either learnt, or studied with teachers, from Darul ‘Uloom Deoband. However, with time, as the number of graduates increased and became widespread, the term “Deobandi” came to be used much more loosely, particularly by non-scholars, often as throwaway labels of religious identity in antagonism to other religious identities. The growth of such attitude has meant that it is very easy, in a highly un-nuanced way, to categorise just about any Muslim as “Deobandi”. For instance, it is often the case that if you have friends who frequent so-called “Deobandi” institutes it is possible then you too could be known as “Deobandi” simply by virtue of association. Contextualisation plays a significant role in traditional Islam, jurisprudence and derivation of (Islamic) rulings. It is therefore self-evident that a traditionally trained Deobandi scholar in Britain while using the same processes and methodologies may arrive at a different ruling to a Deobandi scholar in India. The origin of Deoband is in India and the Muslim community in India is a minority. In contrast, the Muslim community in Pakistan is in majority and therefore more assertive in nature. There are some similarities between the British Deobandi model and the Indian Deobandi model due to both communities being minorities. However, since British Deobandi community is unique in its context, it has evolved differently and its successful contribution and integration within the British civil society (across local communities, hospitals, prisons, charity organisations etc.) is evident. British Deobandis are successfully running close to 40% (or more) of Mosques in Britain independently, without resorting to government funds or support. It is a success story which is to be admired and appreciated. Yet, the overwhelming majority of Muslims who might get labelled as “Deobandi” are of course not the least bit versed in the theological minutia of “Deobandi” scholars, which remain academic in nature. The term “Deobandi” unwittingly thus takes only the meaning of a religious identity. And unfortunately, disinterested Muslims are most guilty of misappropriating the term in this way, particularly those entrenched in religious dissension who fail to recognise that theological debates should be left to scholars. This in turn perpetuates completely unnecessary division within communities. Finally, “Deobandi” itself is not a fixed term. “Deobandi” scholars – both past and present, themselves have different interpretations on many matters, which is in tune with the wider tradition of normative Islamic scholarship throughout all periods. ”Deobandi” is nothing but traditional law. What is the position of Deobandi scholars of Britain on terrorism, British values and integration? Deobandi scholars: Fully endorse and are signatories to the many fatwas and conferences in 2008 & 2009 condemning in the strongest terms all forms of hate speech, violence, radicalisation, and involvement in terrorism, whether home or abroad. They have also endorsed and are signatories to the letter to Baghdadi. Explicitly, categorically and strongly condemn, and have no links to, terrorist organisations. Promote British values (such as such as democracy, rule of law, individual liberty and mutual respect and tolerance for those of different faiths and beliefs or of none) and teach that they are completely complimentary to Islamic values. The largest and leading Deobandi seminary in the UK is an independent school which has been rated “Outstanding” by Ofsted in 2014, and has repeated been found by inspectors (as recent as 2016) to promote British values and balances secular curriculum with Islamic education. Are against sentiments that are not conducive to integration and community cohesion in Britain. Take immense pride engaging in dialogue with faith and non-faith groups, as well as using faith to inspire Muslims to add value to society through achieving excellence in their jobs and workplaces, trades, charities, volunteering etc., so as to play their full part in British society. Why should the letters to Deobandi scholars and institutes be of a concern to us? The recent letters to Deobandi institutions are mostly generic in nature, and are being responded to by the institutes concerned. However, in some of these letters, the BBC programme makers have not asked for clarification but seem to have concluded that senior Deobandi scholars and institutes are associated with the Taliban. It appears that an attempt is being made to frame Deobandi scholars as somehow supporters of terrorist organisations by virtue of an implied “guilt by association”. Such assertions are deeply ill-informed and unsubstantiated. It is disconcerting that a public broadcaster like the BBC should attempt crude sensationalism, as it clearly belies the BBC’s high standards and defames the peace-promoting “Deobandi” scholars and institutes. The methodology of being “guilty by association” is a tactic which is being liberally used against all Muslims, particularly those already in or seeking to enter public life. Many high profile Muslims and Muslim organisations who are fully engaged with the democratic and civic traditions of our country have also been unfairly slurred in part due to their Islamic identity. The source of such concerns could be as flimsy as being a Facebook friend with a former extremist, attending a university where radicals also studied, or having encouraged others not to co-operate with police. These broad brush character assassinations are seriously worrying. With regard to the relationship with the Taliban, there has no doubt been an evolution in the collective stance of the UK and USA. For example, in the period 2001-2004 the Taleban had a number of official diplomatic-level visits to the USA meeting up with the then Vice President Joe Biden, which culminated in the White House officially confirming that the Taliban were not the enemy. Here are two examples of White House policy on Taliban, in 2001 and then 10 years later in 2011. In light of this, finding Deobandi scholars today guilty by historical association is a crass standard of journalism. If it were an acceptable standard of journalism, it would mean that the many Foreign Secretaries who met and supported the likes of Saddam Hussain, Muammar Ghaddafi, Jerry Adams (Sein Fein) and others who were once supported but turned out to be terrorists or dictators etc., should all be found guilty by association. British relationship with the Sein Fein has evolved over decades from being considered terrorists to (now) a legitimate political party involved in the British democratic process. Political relationships are fluid, influenced by policies and evolve. Such approach does not take into account the changing nature of geo-politics and the adjustments and responses people, institutes and governments make. How should British Muslims react when faced with slander? The Quran provides a clear way forward for Muslims: “The good deed and the bad deed cannot be equal. Repel (the bad) with one which is better, then surely between whom and you there was enmity, will become as though he was a close friend.” (Quran, 41:34). The Prophet (sallallahu ‘alayhi wa sallam) taught the companions: “You have been raised to be easy on people, not to be hard on them” (Al-Bukhari). This means that even when fear, prejudice or stereotyping become widespread, particular if intended to defame or discredit Muslims, Islamic traditions (or infact any law-abiding civilised society), it is important to respond with convincing arguments and compassion, with something better as the Quran clearly states. Advises Muslims to: Always seek consultation with parents, elders, scholars, imams and community leaders. Refrain from unnecessary commenting on this subject unless you have something beneficial to say as it is a matter for the institutes that have received the letters. Refrain from bad choice of words and language, or showing disrespect to the BBC or anyone, on social media or otherwise. Understand that the use of the term “Deobandi” has nuances that are usually overlooked. Whilst differences will always remain, and are a mercy to us, they should not be allowed to cause disunity. We should have the maturity and understanding to show good relations and manners (adab and akhlaq) to one another. We remain a part and parcel of British society and must show solidarity to play a key role in discharging our obligations and being in service (khidma) to others. We will further advise on how to write to the BBC to convey your thoughts about how the BBC should act to resolve not to make untrue and sensationalised assertions. Finally, we pray and sincerely hope that the BBC producers will play a positive role in community cohesion to bring hearts and minds together and to maintain the high standards of journalism. جزاك اللهُ خيرًا