Indexed OCR Text

FATĀWĀ DĀR AL-‘ULŪM
ZAKARĪYYA
VOLUME THREE
Hadrat Maulānā Muftī Rada' al-Haq
Sāhib

TABLE OF CONTENTS
DEATH AND THE DECEASED 21
MISCELLANEOUS RULINGS FOR THE JANAZAH SALAH 21
An imam leading the janazah salah while sitting on a chair 21
When only one person performs the janazah salah of a deceased
22
The imamat of a child in janāzah salah 23
Different ways of conveying rewards to a deceased 26
The virtue of passing away while fasting 28
Calling out the adhan over a grave 30
The practice of hilah-e-isqat. 31
Visiting graves on the 15th of Sha'ban 32
Can the dead hear us? 34
Janāzah salāh for a person who kills his parents 39
Preparing and offering food in the house of the deceased 40
Food of necessity at the house of the deceased 42
The janazah salah of a person who committed suicide 47
The virtue of passing away in the month of Ramadan 48
Erecting domes over the graves of Auliya' 50
The du'a to be read in the janazah of a lunatic 52
Ghusl, kafan and janāzah salah for an infant that is born lifeless 53
Naming a child which dies at birth 53
Leading the janāzah salah without wudū' 54
When the imam says only three takbirs for the janazah salah 55
The burial arrangements and janazah salah of a child whose
lineage is not known 56
Giving pieces of advice at the graveside after the burial 58
An objection to the incident of Hadrat 'Amr ibn al-'Ās 60
Extraordinary occurrences at the graves of some people 61
2

The wealth of a person who has no heirs 62
Conveying rewards through Qur'an recitation 62
The creed of the Ahl as-Sunnah as regards Hayat an-Nabi 64
An objection against Hayat an-Nabī 75
Another objection against Hayat an-Nabī 77
Using the word "wisal" for the deceased 79
KITĀB AZ-ZAKĀH 81
THE OBLIGATION OF ZAKAH ON GOLD, SILVER AND JEWELLERY 81
The obligation of zakah for the gold which is on the Ka'bah 81
The obligation of zakah on gold, silver and jewellery 82
The obligation of zakah when rands are added to gold 84
Zakāh on ears, nose, etc. made of gold or silver 85
When a bit of silver is mixed with gold 86
The nisab of gold and silver 87
Shari'ah weights according to the metric system 88
When jewellery is less than nisab but its value is equal to the
nisab of silver 92
The view of Sahibayn as regards joining gold with silver 93
Zakāh on R10 and 1/4 ounce gold 93
The fluctuating price of gold and silver 94
When the husband owns nothing while the wife has jewellery 95
Zakāh on mortgaged jewellery 97
Zakah on nine carat gold 98
Zakah on platinum and titanium 99
Zakāh on diamonds and gemstones 101
The thaman-e-'urfi to determine nisab in these modern times 102
THE OBLIGATION OF ZAKAH ON CASH, DEBTS AND OTHER GOODS
109
Money owned by students 109
Money which is being saved for basic necessities 110
3

The definition of basic necessity 112
Zakāh on a cheque 114
The jahīz of a woman 115
Monies collected by a masjid or madrasah 116
Money which is saved for hajj 117
When a person does not go for hajj after receiving approval to go
120
Harām wealth 120
Debts 122
Is zakāh the responsibility of the debtor 123
When a father borrows money from his immature son 124
Long-term loans 125
Zakāh before the dowry is received 127
When an amount gets lost 128
An amount which is deposited in a bank 129
Zakāh on a deposit 130
Rental paid in advance 130
ZAKĀH ON TRADING GOODS AND RENTALS 132
The sale price is considered in trading goods 132
Calculating values for zakāh of the past 133
Goods sold at wholesale and retail prices 135
A business plot 136
Trade books 137
A poultry farm and fish farm 137
A factory, mill, machinery, vehicles, etc. 138
Business properties 139
Rented property 140
A house valued at one million rand 142
Land given out on rent 143
Soap belonging to a washer-man 144
4

When rental was not received for several years 145
Provident fund 146
Pension fund 148
Trading shares 149
Shares in a construction company 150
Precautionary amount of a company 151
When a buyer pre-pays 152
A co-owned business 154
The amount in a bay' al-wafa' 155
ZAKĀH ON ANIMALS 157
Cows 157
Goats and sheep 158
Horses 158
'USHR AND KHARĀJ 160
Lands in India and Pakistan 160
A river-land which is irrigated by rains 161
'Ushr in South Africa, Australia, etc. 161
Grass which grows on its own 163
Waqf land 164
Fruit-bearing trees at home 165
Land purchased for resale 166
Honey bees 167
The husk of wheat 168
THE PAYMENT OF ZAKĀH 169
When a poor person is given zakah with a cheque 169
Paying zakāh with cash notes 169
Paying zakāh via a bank 170
When all jewellery is given in charity 173
Zakāh on jewellery 174
Paying zakāh before the due date 175
5

A woman paying zakah on her jewellery 176
Paying zakāh in instalments 177
Paying zakāh via a money-order 178
Investing a zakāh amount into a profitable business 179
Giving a zakah amount as a loan to a poor person 181
Taking a zakāh amount back from the person who is appointed as
a representative for the payment of zakāh 182
When a person passes away after zakah was wajib on him 184
The order to obtain a clear permission from one's son 186
Giving qurbānī meat as zakāh 187
When a creditor is paid zakah on behalf of the debtor 187
Zakāh is given in the name of a loan, and the poor person then
gives it back 190
A poor person has an item which was given to him as zakah, and
he becomes rich later on 191
A wealthy person using zakah items belonging to a poor person
191
Making an intention of zakah when asking the debtor to pay it to
someone else 193
When more than the wajib amount is given as zakah 194
When zakah money of a madrasah is stolen from the collector 195
When a zakah amount for a clinic is stolen 197
Deducting the mahr amount when calculating zakah 197
Deducting expenses when calculating zakāh 198
Deducting government tax when paying zakāh 200
When zakah is stolen from a representative 201
When a representative spends zakah money on his self 202
When a representative changes the currency of the zakah amount
203
Forms of possession of zakah money which are in vogue in some
madāris 204
THE RECIPIENTS OF ZAKAH 207
6

Using zakāh money for the extension of a house 207
A person who is earning but is needy 208
Zakāh to a poor brother or sister 209
Zakāh to imāms of masājid 210
Zakāh to a person who is in debts but is employed 212
Constructing a house with zakah and giving it to a poor person
213
Paying a debt of a poor person via a representative 214
Zakāh to a wealthy student 215
Zakāh to a minor daughter of a wealthy person 216
An orphan whose mother is wealthy 217
Zakāh money for the payment of a madrasah loan 218
Paying fees of poor students from zakah money 220
Using zakāh money for students in an Islamic school 221
Using zakāh money for madrasah needs after resorting to hilah-e-
tamlīk 222
Madrasah collectors are classified as 'āmilīn 223
Those employed in the department of zakah are classified as
‘āmilīn 225
When the husband is a Muslim and his wife and children are non-
Muslims 226
A girl who is studying worldly sciences 227
Using zakāh money for the salaries of teachers 228
The Shari'ah ruling as regards income of Islamic madāris 228
Spending zakāh against the explicit instruction of the donor 230
Zakāh to a person who owns a television 231
Zakāh to a lunatic or unconscious person 231
Zakāh for medical treatment 232
When a representative spends zakah money in contradiction to
the order of the one who appointed him 233
When a woman does not receive her rightful share of inheritance
234
7

Difference between zakah recipients and interest recipients 235
Zakāh to the Banī Hashim and Sayyids 237
The mother is a Hashimī but the father is not 244
SADAQATUL FITR 245
The correct amount of sadaqatul fitr as preferred by our seniors
245
Paying sadaqatul fitr before 'īd 248
Giving items which are not mentioned in the texts 249
When a foreigner calculates sadaqatul fitr 250
When a foreigner calculates sadaqatul fitr for his children 252
Cooking food with sadaqatul fitr money and feeding it to the poor
253
KITAB AS-SAUM 255
SIGHTING OF THE MOON 255
Sighting the crescent from an aeroplane 255
Modern astronomy calculations for the sighting of the crescent
257
Sighting the crescent through modern instruments 259
Establishing the sighting of the crescent through a radio report
261
Establishing a sighting of the crescent via telephone 262
When a judge passes a decision on the testimony of a flagrant
sinner 263
When a fasiq judge passes a decision 265
The need for a large group when the horizon is clear 265
When the crescent is seen the next day 267
It is not possible for the crescent to be sighted in the morning in
the east and in the evening in the west 269
When the crescent is not sighted after 30 days 272
Different horizons 274
Different groups having different views on the sighting of the
crescent 278
8

A few questions related to different horizons 279
INTENTION FOR FASTING 291
Making intention of fasting on the 1st day for the entire month
291
When a person is unconscious at night 292
When a person falls unconscious during the day 293
When a person fasts with the intention of receiving money 293
THE BREAKERS AND NON-BREAKERS OF FAST 295
Applying "Vicks" while fasting 295
Pouring oil into the ears 296
Further investigation on the above ruling 298
Applying medication into the eyes 301
Inserting medication into the nose 302
When ejaculation occurs while shaving the pubic region 303
An asthmatic using an inhaler 303
Definition of a shaykh-e-fānī 305
When a patient cannot continue without taking medicine 306
Inserting a suppository in the posterior private part 307
Active and passive smoking 308
Swimming while fasting 309
Extracting blood while fasting 310
Donating blood while fasting 312
Vomiting 313
Taking an injection while fasting 315
Further investigation on the issue of taking an injection 316
When an employment makes it difficult to fast 317
Inhaling different fragrances and spices in a kitchen 318
When a woman inserts her finger in her private part 319
Inserting medicine in the private part of a woman 320
When a doctor inserts a finger in the private part of a patient 321
9

Bleeding gums 321
Extracting a tooth while fasting 323
Masturbating while fasting 324
When ejaculation takes place while cuddling with one's wife 325
Placing a betel-leaf in the mouth 326
Separating from one's wife at true dawn 327
Using toothpaste while fasting 329
QADĀ AND KAFFĀRAH 331
A person placed betel-leaf in his mouth at sehrī time and slept
away 331
When a person eats or has intercourse in two Ramadans 332
A French kiss 333
When a labourer has no alternative but to break his fast 334
When a woman experiences menses while keeping an optional
fast 335
When a woman experiences menses while keeping kaffarah fasts
336
When a person breaks an optional fast 336
OPTIONAL FASTS 338
The six fasts of Shawwal 338
The six fasts of Shawwal in the light of Ahadith and juridical texts
339
The meaning of it being makruh according to Imam Abu Hanīfah
343
The meaning of La ba's 344
The meaning of it being makrūh according to Imam Malik 345
Keeping the 11th fast of Muharram with the 10th 346
Fasting on the 10th of Muharram only 347
The virtue of fasting on Monday and Thursday 348
The virtue of fasting on the ayyam-e-bid 349
Keeping an optional fast only on Fridays 350
10

Fasting on the 15th of Sha'ban 352
I'TIKĀF 355
Making an exclusion from a Sunnah i'tikaf 355
I'tikāf in every residential masjid 356
A woman leaving the place reserved for her 357
A mu'takif taking a bath to cool himself 358
Commencing i'tikaf a few hours after the 21st night has
commenced 359
When a fast is invalidated while in i'tikaf 360
A Sunnah i'tikaf without fasting 361
When a mu'takif leaves the masjid for an optional wudū' 362
A mu'takif leaving for a Friday bath 363
MISCELLANEOUS QUESTIONS ON FASTING 367
Compelling a person to fast as a form of punishment 367
Fasting in abnormal time zones 368
Fasting for a few hours 369
Referring to abstaining from eating on 'id al-ad-ha as a fast 371
Repeating the 'īd salah in the masjid 372
KITAB AL-HAJJ 376
THE OBLIGATION, PREREQUISITE AND PILLARS OF HAJJ 376
Money to be used for hajj or buying a house 376
Hajj is obligatory on a person but his wife stops him from going
377
When a general intention of hajj is made 378
A woman going on hajj with her father-in-law 379
A woman going on hajj with her son-in-law 380
A woman going on hajj with her paternal grandmother's new
husband 381
A woman going for hajj with her sister's grandson 382
Two old Shafi'ī women travelling with a group of Hanafīs 382
When the husband passes away while on hajj 383
11

Using a certain Hadith to prove that a woman can travel without
a mahram 385
An old woman travelling for hajj without a mahram 387
The issue of salary while one is gone for hajj 388
The obligation of hajj due to going to Makkah during the hajj
months 389
When a visa does not permit one to remain until hajj 390
The sa'Ty after the expansion of Safa and Marwah 391
Idtibā' when performing tawaf 393
Clipping nails at the time of ihrām of hajj 393
Clipping the hair because of performing 'umrah in Dhū al-Qa'dah
394
An optional tawaf taking the place of tawaf-e-wida' 395
The black line extending from Hajr-e-Aswad 396
The superiority of excessive tawafs 397
The sa'īy area after expansions to Masjid-e-Haram 398
Men having to expose their ankles while in ihrām 400
Women observing raml, performing salah behind Maqām-e-
Ibrahim, and saying the talbiyah aloud 402
Women covering their faces when in ihram 404
Delaying the sa'īy 409
When a person is overcome by lunacy while in Muzdalifah 410
When a person passes away before tawaf-e-ziyarat 411
When the day of 'Arafah falls on a Friday 412
Performing ramy at night because of large crowds 416
Performing ramy on the 11th and 12th before mid-day 417
Standing up for du'a after ramy on yaum an-nahr 419
Picking up pebbles from anywhere other than Muzdalifah 419
The tradition with regard to the accepted pebbles being raised up
to the heavens 420
Proof from Hadith for picking up pebbles from Muzdalifah 421
12

Shortening the salah in 'Arafat, Muzdalifah and Mina 421
When a woman sees menstrual blood before and after tawaf-e-
ziyārat 423
Performing tawaf four days after purity, and bleeding again 425
Tawaf-e-ziyarat while in menses 426
When menses commences while performing tawaf-e-wida' 428
A woman having to clip her hair due to cancer 429
When a woman bleeds for two days after tawaf-e-ziyarat 430
A woman performed tawaf-e-ziyarat during six days of purity ...
431
Tawaf-e-wida' for the people of Hill 432
THE MĪQAT 435
Crossing the mīqat without ihram 435
A person intends going to Madinah while crossing the mīqat 436
A person has to spend a few hours in Jeddah, so he crosses the
mīqāt without ihrām 437
Tying ihrām at Jeddah airport 439
A person crosses the mīqat without ihram because he intends
going to Jeddah 440
Drivers and agents crossing the mīqat without ihram 442
Ihrām for those approaching Jeddah via ship 444
QIRĀN, TAMATTU' AND IFRĀD 446
A person made intention for ifrad and then wants to perform
qiran 446
A person has the means for qurbanī but he performs ifrad 446
When a qarin makes intention of tawaf-e-qudūm in his tawaf-e-
'umrah 447
A mutamatti' and mufrid performing sa'īy of hajj before 'īd 449
A woman who is performing qiran experiences menses before
‘umrah 450
A mutamatti' performing more than one 'umrah 451
A mutamatti' performs 'umrah and goes to Madinah 452
13

A few questions related to tamattu' 453
A mutamatti' performing sa'īy of hajj without ihram 455
If a person cuts a few strands of hair 456
'UMRAH 458
Performing 'umrah from Tan'īm after performing hajj 458
Coming out of 'umrah ihram because of menses 459
Performing 'umrah while in menses 460
A woman does not clip her hair after 'umrah 461
A woman performs 'umrah after taking medicine to stop her
menses 462
HAJJ-E-BADAL 464
The obligation of hajj after performing hajj-e-badal 464
A non-hājī performing hajj-e-badal 465
Qiran and tamattu' when performing hajj-e-badal 466
Hajj-e-badal on behalf of a deceased who did not make such a
bequest 467
Hajj-e-badal from the country of the one who orders it 468
Hajj-e-badal in exchange for a payment 470
HAJJ OFFENCES 473
Slaughtering an animal in the Haram when dumm becomes wajib
473
When the sequence for ramy, slaughter and shaving the head is
not followed 474
When a muhrim applies Vicks 482
When a muhrim eats something fragrant 483
Using coconut oil 484
Using olive oil while in ihrām 485
Smoking a cigarette while in ihrām 486
Using soap while in ihrām 488
Wearing a face-mask 488
Wearing stitched footwear 490
14

When a person does not observe wuquf-e-Muzdalifah 491
Leaving out wuquf-e-Muzdalifah without a valid reason 492
Breaking off branches from trees in Muzdalifah and Mina 493
Delaying the tawaf-e-ziyarat after the days of slaughter 494
Kaffarah for not performing tawaf-e-ziyarat 495
Leaving out one round of an optional tawaf 496
Performing ramy before zuhr of the 13th 497
When a person does not perform the tawaf salah 498
A muhsar becomes halāl without qurbanī 499
THE HARAMAYN SHARIFAYN: MAKKAH 501
The blessings of the Ka'bah 501
100 000 rewards in the Haram Sharif 504
Multiple rewards for performing congregational salah in the
Haram Sharif 507
Multiple rewards for all acts of obedience in the Haram Sharif 509
The wisdom behind tawaf and sa'Ty 512
The order to stand and drink zam zam 513
Carrying zam zam to one's house 516
Purchasing pieces of the cover of the Ka'bah 518
THE HARAMAYN SHARIFAYN: MADINAH 521
Referring to Madinah as Yathrib 521
من سمى المدينة يثرب فليستغفر الله :An investigation of the Hadith
522
524 المدينة تنفي الناس :Meaning of the Hadith
The virtue of performing 40 salāhs in Masjid-e-Nabawī 525
Multiple rewards in the extended sections of Masjid-e-Nabawī 526
Undertaking a journey with the intention of visiting the blessed
grave 528
Objections against the undertaking of a journey for the sake of
visiting the Raudah 532
15

Second objection 537
Third objection 541
The etiquette to be observed when visiting the Raudah and the
method of offering salam 543
Seeking intercession from Rasūlullah 547
Hadrat Ādam seeks tawassul 551
The different types of tawassul and their Shar'ī status 553
The word al-Khatmī in the narration of Abu Ja'far 555
The story of 'Utba in the narration on tawassul 560
The incident related by Hadrat 'Alī is different from that of 'Utba
567
THE SHA'A'IR OF HAJJ 570
Meaning of the sha'a'ir of hajj 570
Mina and Muzdalifah being attached to Makkah 571
Jumu'ah salāh in Minā during the hajj days 588
KITAB AN-NIKAH 591
THE PROPOSAL/ENGAGEMENT 591
Customs related to the engagement 591
Conversing with the woman one intends proposing to 594
Corresponding with a woman with an intention of marriage 596
Conversations after the proposal/engagement 597
Establishing friendly relations with a woman with a view to
marrying her 598
Looking at other parts of the body 599
THE MARRIAGE SERMON 601
Saying أمّا بعد in the marriage sermon 601
The sermon is prescribed before the marriage contract 602
The status of a marriage without a marriage sermon 604
Listening to the marriage sermon 606
A collective du'a after the marriage 608
16

The meaning of the du'a بارك الله after the marriage 609
The virtue of solemnizing a marriage on a Friday 611
THE PILLARS AND PREREQUISITES OF MARRIAGE 614
Proposal and acceptance over the phone 614
When the assembly of "offer and acceptance" changes 617
A marriage without witnesses 618
A marriage via a letter 619
A time-limited marriage 620
The proposal and acceptance of a dumb person 621
Resorting to head movements in reply to a proposal and
acceptance 623
Acceptance via an action 624
Saying "Yes" in reply to a proposal 626
Making an error in the name of the woman 627
A superficial written marriage 629
When a woman performs a marriage 630
Marrying a pregnant adulteress 631
A marriage performed with the intention of halalah 632
Marriage to a Christian woman in a court 633
Entering into a second marriage while having the first wife 635
Laying down a precondition in a marriage 636
The precondition of abstaining from conjugal relations before the
wife's departure 638
Marrying a new Muslim while she is observing 'iddah 640
Performing a secret marriage and then making it public 641
Marriage to jinn 644
THOSE PROHIBITED IN MARRIAGE 646
Traditional proofs for hurmat-e-musaharat 646
A woman marrying her granddaughter's husband 651
Marriage with a granddaughter of one's step-sister 652
17

Marrying a sister of one's step-mother 653
Two brothers marrying a mother and her daughter 655
Marrying the co-wife of one's mother-in-law 655
Marrying the woman who is divorced by one's step-son 657
Marrying your son's mother-in-law 658
Committing adultery with one's step-mother 659
Committing adultery with one's maternal uncle 660
Committing adultery with one's sister-in-law 660
Touching one's paternal aunt with lust 661
The extent of lust for the establishment of hurmat-e-musaharat
663
When lust is not experienced at the time of touching 665
Marriage between foster step-brother and step-sister 666
A blood brother marrying a foster sister 667
MARRIAGE TO NON-MUSLIMS AND DEVIATED SECTS 669
A Muslim woman marrying a non-Muslim man 669
A Sunnī male marrying a Shi'ah female 669
An objection against the impermissibility to marry a Shi'ah or
Qādiyānī 671
Marrying a communist 674
Marriage to a Hindu woman is invalid 675
Difference between a marriage which is fasid and bātil 676
Marriage to one's sister-in-law 677
Marriage to People of the Book 678
The prohibition of marrying unbelievers 681
THE LEGAL GUARDIAN IN MARRIAGE 683
A mature and intelligent girl getting married by her own will 683
The guardianship of a non-Muslim with respect to a new Muslim
female 684
A non-Muslim judge appointing a guardian 686
THE ISSUE OF KAFA'AT - COMPATIBILITY 687
18

The criteria for a kufū 687
A free mature woman marrying a non-kufū 689
The ruling of kafa'at when man and woman speak different
languages 693
THE ISSUE OF WAKALAT - REPRESENTATION 695
The representation of the contracting party 695
When a representative appoints someone else as a representative
695
The representation of a non-Muslim 697
THE DOWRY-MAHR 699
An investigation into the minimum mahr 699
An investigation into the transmission of Ibn Abī Hatim 700
An investigation into Mahr-e-Fatimī and the mahr of the Pure
Wives 701
Mahr-e-Fātimī and the mahr of the Pure Wives in present-day
measurements 704
Amount of mahr when there is a difference between a Hanafi and
a Shafi'ī 705
The status of a marriage when the mahr is less than mahr-e-mithl
705
THE WALIMAH 708
Walīmah immediately after the marriage is solemnized 708
Delaying the walīmah 709
Delaying the walīmah due to a valid reason 711
Invitation to a meal by the girl's family after the marriage 712
Attending a walīmah when certain evils are committed there 715
MISCELLANEOUS ISSUES RELATED TO MARRIAGE 717
Delivering a lecture in the marriage assembly 717
Performing a marriage in a masjid when the marriage is to a
Christian woman 717
Taking a payment for performing a marriage 718
19

Parents accompanying their daughter at the time of departure
720
Decorating the groom's car 721
Applying henna on the occasion of marriage 723
Scattering dates at the time of the marriage 723
Shaking hands and embracing after the marriage 724
To be impregnated by a jinn 725
When a Christian woman embraces Islam 726
A treatment for breaking down sexual desire 727
Coitus interruptus 729
Other forms of contraception 731
Pausing for 3-4 years without any reason 732
Contraception for the sake of a suckling child 732
Contraception through surgical sterilization 733
A student resorting to temporary contraception 733
Wisdom behind polygamy 734
TRANSLATOR'S NOTE 736
20