Q AND A
Study Loan on Interest
Q. I am a dental student and am currently in a predicament. I started studying dentistry and my parents had the means to pay for my studies but now I find myself in my 3rd year of study and my parents can’t afford it. I know interest-based loans are haraam, but is there any alternative solution to my problem that is halaal?
A. An interest-bearing loan is haraam. The circumstance of secular studies or even Deeni studies does not make permissible paying interest. The objective of secular study is to establish a means of earning one’s rizq. Such means may not be acquired in a haraam way. Rizq is predetermined and sealed. We are allowed to pursue our Rizq in only halaal ways.
If an interest-free loan cannot be obtained from some Muslims, and if there is no one prepared to grant a bursary, then the student has to abandon his studies for the present. If the only way in which a business could be commenced is by acquiring a bank-loan, then it will not be permissible to initiate the business. The person will have to rather go and cut grass, wash cars or do something else for his livelihood. But, he may not acquire an interest-bearing loan and destroy his Aakhirat by courting the wrath of Allah Ta’ala.
Talaaq in Anger
Q. I would like to know if the following is correct given that Nabi (Sallallahu alaihi wa sallam) is mentioned in it:
“Shaykh Bin Baaz (may Allaah have mercy on him) was asked about a man whose wife treats him badly and insults him, so he divorced her at a moment of anger. He replied:
‘If you uttered the words of divorce at a moment of intense anger and without realizing it, and you could not control yourself, because of her bad words and insults, etc., and you did that at a moment of intense anger and without realizing it, and she acknowledges that, or you have a witness of good character, then divorce has not taken place, because the shar’i evidence indicates that divorce does not take place if the words are spoken at a moment of intense anger – and if it is accompanied by not realizing what is happening then the ruling applies even more so.
For example, Ahmad, Abu Dawood and Ibn Maajah narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no divorce and no manumission in the event of ighlaaq.” The majority of scholars said that ighlaaq means compulsion or anger, i.e., intense anger. For his anger made him unaware of what he was saying, so he is like one who is unconscious, insane or drunk, because of the intensity of his anger. So divorce does not take place in this instance. If he does not realize what he is doing and cannot control his words or actions because of the intensity of his anger, then divorce does not take place.”
My husband explained his state of mind at the time of giving talaaq to me. Please could you reply to mє as I’m sitting in iddat αη∂ my husband has explained to mє his state of mind which I was unaware of.
A. Bin Baaz’s understanding of the mas’alah is defective. No one issues Talaaq when in the state of love. Talaaq is almost always issued in the state of anger. Merely saying ‘intense anger’ is extremely ambiguous and incorrect.
The Fuqaha have clarified that the anger should be tantamount to insanity. The example of a man banging his head against a wall or setting himself on fire or tearing off his clothes and running naked outside and similar extreme cases of ill-conduct will it be said that he had no control over his brains, and that he ranted like a madman.
But ‘intense anger’ which will quickly dissipate if a police officer comes to arrest him or if he is able to control the anger in the presence of others, but vents it only on his wife and children, is not the near-insanity anger which exonerates a man of his conduct and utterances.
A Nikaah Predicament
Q. Please advise; I am a divorced lady with twin boys aged 11. There is a man interested in marriage with 2 daughters; aged 16 and 12. Their mum has passed away. We have fallen in love. Our kids are happy and we would like to make nikaah, Insha-Allah. Is this permissible? Will our kids be able to all live together with us?
A. Marriage in this case though permissible, however it is fraught with danger to the children. There is almost certainty that there will be haraam contact between the boys and girls. There will be too many opportunities to commit zina. In view of this grave danger you should not get married to him. And Allah Ta’ala knows best.
Wedding Ring as Mehr
Q. I would like to know if you are allowed to use the wedding ring as mehr?
A. Mehr is the amount or item agreed upon at the time of nikaah which the husband has to give the wife. If the nikaah was conducted with the parties agreeing to the mehr being a ring, then giving a ring will be incumbent. If a sum of money or certain item was agreed upon, the husband does not have the right to arbitrarily change the agreed mehr and give something else. It is not permissible for him to say after the mehr was finalized that the wedding ring he is giving or gave is in lieu of the mehr, whereas the mehr agreed upon at the time of nikaah was something else.
It should also be observed that the wedding ring ritual is a kuffaar practice which Muslims should not imitate. We have our own sacrosanct and noble practices to follow. We are not in need of borrowing and aping the norms of the kuffaar in their marriage practices. Whilst it is permissible for the husband to give his wife a ring at any time, it is not permissible to observe any wedding ring custom.
Position of Imaam when Making Du’aa
Q. I’ve noticed that Imaams usually turn and face the muqtadis after Fajr and Asr Salaah. However, I heard that Hanafi Imaams should turn towards the muqtadis after every Salaah. Is this true?
A. The Hanafi Imaam should turn to the congregation and make du’aa only after the Fajr and Asr Fardh Salaats. The du’aa after the Fardh of Zuhr, Maghrib and Isha should be short, the duration of an Aayat or two only. Immediately thereafter he should move from the musallah and engage in his Sunan and Nawaafil. It is not proper to engage in lengthy du’aas after these Salaats
Stopping a Faasiq from Making Imaamat
Q. Do the muqtadis have the right to refuse to be led by an imaam who shaves or even trims his beard?
A. If the refusal to be led by such an imaam does not lead to fighting and commotion in the Masjid then the musallis can refuse. It is the incumbent duty of the Trustees of the Masjid to ensure that a faasiq does not lead the Fardh Salaat.
