Monthly Archives: October 2018

Does Allah love the non Muslims

Does Allah love the non Muslims

15 Oct 2018 Ref-No#: 1103

Assalamu Alaikum,

Does Allah love Non Muslim husband and wife who are disbelievers who worship idols and do not worship Allah.

Please reply

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

Allah Ta’ala loves every creation of His, and hence we see that He continues to shower his mercy upon those who believe in Him, and upon those who reject Him.

Even if a person continuously disbelieves in Allah, Allah does not snatch away any bounty of his. Allah does not take away his eyesight,  hearing, or any of his body limb. Allah still allows him to breathe, and Allah still provides for him. So many disbelievers are still living comfortably in this world inspite of disobeying and displeasing Allah. Allah does not punishing them at once, but He is waiting for them to come back to Him.

Love is just a word and has to be translated in action; which is mercy. The fact that Allah is showing mercy on disbelievers is enough to prove that Allah loves them too.

In short, Allah loves us more than our parents love us. Al-Wadud (The Loving) is one of Allah’s names as He said about Himself,

 إِنَّ رَبِّي رَحِيمٌ وَدُودٌ (90)

“And   verily my Lord is the most merciful and most Loving” (Surah Hud, 90)

Yes, Allah does not like the act of disbelief. Allah says,

وَاللَّهُ لَا يُحِبُّ كُلَّ كَفَّارٍ أَثِيمٍ (276)

“And verily Allah does not love any person who engages in disbelief or sin.” (Surah al-Baqarah, 276)

قُلْ أَطِيعُوا اللَّهَ وَالرَّسُولَ ۖ فَإِن تَوَلَّوْا فَإِنَّ اللَّهَ لَا يُحِبُّ الْكَافِرِينَ (32)

“Say [O Muhammad]: If you love Allah, then follow me, Allah will love you and forgive you your faults, and Allah is Forgiving, Merciful. Say: Obey Allah and the Apostle; but if they turn back, then surely Allah does not love the unbelievers.” (Surah Aal ‘Imraan, 32)

The explanation of these and similair verses is like a parent who tells his child that I do not like when you speak a lie to me. The parent specifies the action which displeases him. If the child lies thereafter, the parent will still love the child, but hate that action of lying. If the parent tells the child that whatever you do, I’ll love you, then for sure the children would be misguided.

In the same way, Allah cannot say that He loves every creation, irrespective of what they do. Rather, Allah loves every person like how a parent loves every child. So as long as a person disbeliefs, Allah dislikes him because of his disbelief. As soon as he repents and begins to believe in Allah, Allah will love him.

That is why Allah says that He honoured and preferred ALL humans, and not only Muslims:

وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنَاهُم مِّنَ الطَّيِّبَاتِ وَفَضَّلْنَاهُمْ عَلَىٰ كَثِيرٍ مِّمَّنْ خَلَقْنَا تَفْضِيلًا (70)

“And We have certainly honored the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with [definite] preference.” (Surah al-Isra, 70)

To summarise all the above, Allah hates the sin, and not the sinner.

Saying Please in Du’a

Saying Please in Du’a

15 Oct 2018 Ref-No#: 1096

What are your thoughts on saying “please” in du’a?

For example: “I ask you by your grace to give me this please”

Does this come under the same ruling as “In Shaa Allah” or can it still come under asking something with confidence/certainty?

Answer

Wa’alaykum as Salam wa rahmatullahi wabarakatuhu,

Whilst the meaning of Insha Allah is not ‘please’, it will be permissible and in fact recommended to use the word ‘please’ when making Dua in English. Using the word ‘please’ denotes upon more humility and shows a greater amount of begging.

 

Property investment

Property investment

15 Oct 2018 Ref-No#: 1095

As Salaam Ua Alaikum. As one would invest in a company by buying shares and remaining a silent investor having absolutely no input in the day to Day running of the company and simply taking ones dividend at the end a particular period. (For example buying shares in Apple stock – you have no no input and take dividend only. How they operate the company – and whether they raise capital through issuance of shares or from banks via loans or other means is not shared with you)

Can one invest in a company which will purchase property and simply return one a dividend on completion of the renovation of that property and subsequent sale. If the persons controlling the company raise other capital to fund the company business by other means also such as bank loans etc (again you as a simple inverstor/shareholder would not be taking any loans or be part of the process of any loans from banks) – Would this be permissible.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

Whilst on the surface it may seem that the investment is straightforward, and hence permissible, the best is to get a Mufti to study the entire contract. There may be just one clause in the contract which might affect the whole deal.

Yes, even if the company is attaining funds from other sources, some of which are not permissible, it will still be permissible for you to take the dividends on your share.

Discharge Ref-No#: 1001

Discharge Ref-No#: 1001

15 Oct 2018 Ref-No#: 1091

I prefer to check whenever I feel discharge release. However, discharge in general can be release throughout the day without any feeling. So I’m confused as what to do.
I’m afraid if I check before each prayer not
enough discharge would have developed and then when I check my kursuf it could be difficult for me to dechiper the colour of the discharge due to its small
amount and due to the poor lighting in my bathroom. (Once I saw discharge
whilst I was in the bathroom which looked completely clear, and I had decided
to check the colour properly in the room next door which has better lighting
and it turned out the discharge was actually yellow. It is risky going into
the room next door because there are always people coming in and out.)

I tend to check 3 times a day, or around the times I’m desperate to use the toilet.

Which method is the best concerning my situation?

*Also – during istihadah, I plan on checking my kursuf after each prayer begins. Is this ok?

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

If you feel that by seeing before each prayer you will not be able to determine the colour, then you can check at the times when you go to relieve yourself. Alternatively, check at the beginning of Fajr, beginning of Dhuhr and midway the time of Asr. The checking of Asr could assist you with the colour until Isha, if you pray Isha as soon as the time sets in.

If you are able to decipher the colour, then the best is still to check before each prayer. As for the poor light, maybe a small torch (like the one on smartphones) can assist you.

 

Response to Ref-No#: 1013

Response to Ref-No#: 1013

11 Oct 2018 Ref-No#: 1082

Asalamualaikum

Thank you for the response.

Personally, I feel like telling the establishment about what I did is not an option and I’m afraid that my family and I could face repercussions and I’m afraid to do so.

Can I leave it?

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

If there are valid grounds for you to believe that if you bring it to their notice, there will be severe repercussions, then you should just make Istighfaar.

Since they said that you do not have to return the money, you may keep the money. However , continuously ask Allah to forgive you for not utilising the funds correctly last year.

Sell and Leaseback in Islam

Sell and Leaseback in Islam

11 Oct 2018 Ref-No#: 1079

Assalum a Alaikum Mufti Sahib,

The answer to this question will not only help me but many others also.

I have an opportunity to buy a hotel apartment in Pakistan.In technical terms it is called “sell and leaseback” deal .The scheme works like following:

1. I will buy the hotel apartment at price X. However the developer will ask my to lease back the apartment to him at an agreed monthly rental ( which is quite attractive) where he intends to run hotel business.

2. There will be 25% increase in rental every three years.
3. At the end of 10 years, there is a buy back option at double price , that is at 2X times the original price i paid. Else the rental contract will be renewed for another period as per mutually agreed terms between me and the developer.

So far so good. The deal seems very attractive.

This made me research furthur into it from islamic point of view.

i found out that leaseback is valid in Shairah only if it does in done in proper way.That is the the sale and lease contracts must be two different contracts and they should not be combined into one.because as per Sharia” one transaction cannot be made a precondition for another transaction”. My understanding is that a sale contract CAN NOT have a rental condition by seller.

Although the developer will be giving me two contracts,one for sale and the other for lease. however the sale contract itself does mention a single clause that the apartment will be leased back to the developer at agreed rent which is mentioned ( Apparently developer would like to protect itself by inserting this clause as a condition for the sale).

This single clause is bothering me , which seem to me against the Shariah, even though the developer will also sign with me a different lease contract.

Kindly I need your advice on whether the developer is following correct Shariah way and should i proceed with this deal ?

If there is anything else in this deal, which is against shariah, please let me know

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

You have correctly stated that it is prohibited to combine two transactions in one contract. In a narration of Musnad Ahmad it is related that ‘Abdullah bin Mas’ud (may Allah be pleased with him) said,

عن عبد الرحمن بن عبد الله بن مسعود، عن أبيه، قال: ” نهى رسول الله صلى الله عليه وسلم عن صفقتين في صفقة واحدة  (رواه أحمد في مسنده – 6/ 324)

“The Prophet (sallallahu alayhi wa sallam) prohibited two transactions in one transaction.” (Musnad Ahmad, 6/324)

Therefore, the two transactions must be completely independent and separate from each other. You will have to remove the clause of rental from the initial contract. You may scratch out that one clause and both parties can initial next to it. Once the sale is done, you may sign a new agreement for rental.

Alternatively, you may sign the rental agreement first. You can draw up an agreement which says that you will rent out the property to the developer after you purchase the property.  Signing a binding contract for rental on a future date is permissible.

By removing that one clause, the entire deal will become permissible.

References

وقد جعل أحد العقدين شرطا في الآخر، وذلك مفسد للعقد لنهي النبي – عليه الصلاة والسلام – عن صفقتين في صفقة.   (المبسوط للسرخسي – 23/ 84)

بيع المعاملة وبيع الوفاء واحد، وإنه بيع فاسد، لأنه بيع بشرط لا يقتضيه العقد، وإنه يفيد الملك عند اتصال القبض به كسائر البيوع الفاسدة   (الفتاوى السراجية – ص 422)

Divorce case

Divorce case

10 Oct 2018 Ref-No#: 1068

Question:
Sir Thanks indeed for this fruitful site may Allah give you Ajar.
Question is my niece husband on insistence of his father to divorce his wife
says, I leave her, I leave her, I leave her. His father said to him, say I give her divorce three times. The husband says, I do not remember I said this word I divorce her, but his father insists that I am witness you use the words I divorce her three times. His father goes to stamp seller brings an affidavit on which it is written I give
divorce to my wife three times, and then husband reads those papers not with tongue but in heart and signs and sends these papers on the
address of wife. He also sends one check of one lac saying it is your haq
maher. Now after three months husband says I dont remember I said word Divorce and I never intended to divorce her and he said I remember I said I leave her three times with no intention of divorce. He wants to do patch up so that they
live together. Please tell us if the divorce has taken place or there is any room.
Kindly tell us from hanafi point of view. Jazak Allah Khair. May Allah bless you.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

In the first instance where the husband said: “I leave her, I leave her, I leave her”, no divorce will take place, since the husband clearly states that he had no intention of divorce. Even though his father insists that he was a witness, the statement of the husband will be taken into consideration.

As for signing the papers of the divorce; if the husband was not forced to such an extent that he feared immediate physical harm (as it appears frm your question), then all three of those divorces are valid. The wifes ‘Iddah commenced from the time he signed those documents.

In order to reconcile, the wife will have to go through the process of Halala. This means that she should complete her present ‘Iddah, marry another man and consumate that marriage. Once she comes out of that marriage through divorce or death of that husband, she needs to complete the ‘Iddah of that marriage. Only then can she return back to this husband.

References

الفصل الخامس: في الْكِنَايَاتِ ….. يسأل عن بينته قال نوى الطلاق يسأل كم نوى (المحيط البرهاني – 3/ 226)

ويقع الطلاق كل زوج بالغ عاقل ولو عبدا ولو عبدا او مكرها او هازلا او سفيها او سكران باشارتة او مخطئا
(رد المختار – 3/241-235)

و اما مطلاقات الثلث ،وهو زوال الملك وزوال المحلية أيضا ،حتى لا يجوز له نكاحها قبل التزوج بزوج آخر، لقوله عز وجل (فان طلاقها ،فلا تحل له من بعد حتى تنكح زوجا غيره)(بدائع الصنائع – 4/403)

وان كان الطلاق ثلاثا فى الحرة ،وثنتين فى الامة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا و يدخل بها ، ثم يطلقها (الهندية – 1/473)

وفي «فتاوى أهل سمرقند»: إذا أكره الرجل بالحبس والضرب على أن يكتب طلاق امرأته فكتب فلانة بنت فلان طالق لا تطلق لأن الكتاب من الغائب جعل بمنزلة الخطاب من الحاضر باعتبار الحاجة، ولا حاجة ههنا حيث احتيج إلى الضرب والله أعلم. (المحيط البرهاني (3/ 528)

وفي البحر أن المراد الإكراه على التلفظ بالطلاق ، فلو أكره على أن يكتب طلاق امرأته فكتب لا تطلق لأن الكتابة أقيمت مقام العبارة باعتبار الحاجة ولا حاجة هنا ، كذا في الخانية (رد المحتار – (4/440)

About praying with impurity on body and clothing when away from home

About praying with impurity on body and clothing when away from home

09 Oct 2018 Ref-No#: 1080

Assalamu ‘Alaykum

I deemed this matter to be highly urgent as it has driven me to great distress such that I cannot continue on without finding a solution to it. I have started studying at university. I did my best in compiling a time table that permits the upholding of timely prayer, albeit the time windows are somewhat narrow. Only, there is a problem with my particular case, which is that I happen to experience unpredictable and unnoticable emission of impurity. The rate of this occurance is insufficient to be considered incontinent according to both the rulings of the consensus and the Malikis – it simply does not occur often enough. But that is only worse for me because I find no way to clean myself of this impurity when I am not at home because it is mostly dry thus mere Istijmar with tissues will not suffice. In addition I have a heavy visual deficiency which makes it difficult for me to find my way in unfamiliar areas such as public bathrooms in mosques.

As previously noted, my window of opportunity for praying is present but slim. What if, while praying, I was to notice some emission such that my prayer would be invalidated. Not only could I not remove it, but it would also take time to repeat wudhu and prayer – time I do not always have. Then what if this happens during Jumu’ah when there is only one chance.

Whether I notice something or not, I know from experience that there almost always is some impurity present which I highly suspect is due to some medical condition. The point is, that it would be unrealistic for me to assume that there is nothing there simply because I felt nothing – that is only too rarely the case.

So to sum up, the problem is that:
1.) I almost cerainly have some impurity when going to pray when away from home.
2.) There is a small chance that during my prayer some impurity may come, out invalidating it.
3.) I find it almost impossible to clean it when not at home unless maybe with tissues, but again:
a) I take time due to my poor vision.
b) The impurity is mostly dry.

The last thing I want is to be unjustifiably deemed as excused because this impurity, although unpredictable, does not keep coming out for at least half the prayer time, which is the Maliki requirement and that is considered the easiest ruling. But at the same time, this matter seems difficult and it is often stated that there should not be any hardship in religion and that it is easy.

Should I instead abandon or change my studies and go home to perform propper Istinja? Or can the presence of impurity be tolerated under these circumstances?

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

In your case, you should keep toilet roll in your underwear; so that when the impurity comes out, it does not soil your clothes.

Before every prayer, go to the washroom, wash your private organs and change the toilet roll.

You do mention that there is a ‘small chance’ of impurity emanating whilst you are praying. Follow the principle that you are clean unless you are sure of the impurity. This is for your own benefit; otherwise it will become difficult for you. If Allah has made it easy, why do you want to assume that impurities still came out? Even if impurities did come out but you were unaware, your Wudhu will not be affected. So ignore those doubts.

So yes, Islam is easy….if you do not notice any impurity, or you are unaware of any impurity, your Wudhu will not be nullified.

Wearing clothes in an unusual manner in Salah

Wearing clothes in an unusual manner in Salah

09 Oct 2018 Ref-No#: 1059

Asalamualaikum

I believe I read it was considered makruh tahriman to wear clothes in an odd manner in salah.

Personally, I did what I did to cover my awrah of my arms. But because of how strangely it was worn, it was difficult for me to properly put my hands under my chest and touching my chest because the clothing was bunched up. And when standing up from ruku, my hands weren’t sitting straight upon my legs and were lifted.

Thus, it made salah a little difficult for me. Now I wonder, because this is a problem I afflicted on myself and also because I was aware of the ruling of makruh tahriman prior, would my salah be void?

I’d hope in other madhabs they’d give dispensations on this matter.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

Since your ‘Awrah was covered fully, your Salah will be valid.

In the future, try to dress in such a way that you can accomplish all the Sunan and Mustahabaat (preferable acts) of Salah, and in a way that your dressing does not affect your concentration.

Nikah

Nikah

09 Oct 2018 Ref-No#: 1051

Assalamualakum,
Can a person can do nikah more than one time with same girl? A person did nikah to girls with witness but without knowlede of parents and relatives. So can he again do the nikah in front of all.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

Yes, if a person done a private Nikah, he may do the Nikah again publically.

The Prophet (sallallahu alayhi wa sallam) exhorted us to do Nikah infront of others. In a narration of Musnad Ahmad and Mustadrak al-Hakim it is mentioned:

 عن عامر بن عبد الله بن الزبيرعن أبيه أن رسول الله صلى الله عليه وسلم قال: أعلنوا النكاح (رواه أحمد والحاكم وصححه ووافقه الذهبي)

“Announce a marriage.” (Musnad Hakim and Mustadrak al-Hakim).

The benefit of doing your Nikah again infront of all is that people will know that you married the girl, and they will not have any evil thoughts if they see you with her.