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Kaffarah for Breaking an Oath
Q. What is the kaffarah for breaking an oath?
A. The kaffaarah for breaking an oath is to feed 10 very poor persons two meals. Alternatively, each of the ten could be given a set of clothes. The amount of fitrah could also be given to each poor person instead of the food or clothes.

Reward for Canvassing Clients
Q. Buying a certain quantity of goods from a certain company entitles a person to act as a canvasser for the company. For each client that one manages to canvass, one gets a sum of money. The client which one has canvassed may also be entitled to the same if he also buys a certain quantity of goods. Is this permissible? Under what conditions is it permissible?

A. The amount awarded to the person who canvasses a client for the company could be interpreted to be a re-ward or it could be interpreted to be a fee as this client is working as an agent for the company. It is permissible to take the reward or fee. And Allah Ta’ala knows best.

Tajweed in Thikr, Tasbeeh, Durood and Du’aas
Q. I have various questions pertaining to the rules of Tajweed and Thikr:
1. Does the word ‘La’ in the Kalima have a madd on it, as sometimes I see it written with a madd and at other times I see it written without a madd?
2. If there is a madd on it, what is the duration of the stretch?
3. Is it true that in Tasbihaats and Masnoon Du’aas such as Durood Ibraheem, other Duroods, 3rd Kalima etc, there is no ghunna, ikhfa and madds?
4. When reciting the Tasbeeh of Ruku and sajdah – Sub-haanu Rabbiyal Atheem, Subhaana Rabbiyal A’la – is there qalqala on the letter ‘Ba’ as there would be in the Qur’aan?

A. The rules of madde-far’i, ghunnah, ikhfa and qalqalah are applicable to Tilaawat of the Quraan Kareem, not to Athkaar, Durood and Du’aas.

Melody in Du’aa and Khutbah
Q. We know from the Ahaadeeth of Rasullullah Sallallaahu ‘alayhi wasallam the virtue of reciting the Qur’aan in a melodious voice. However, what is the ruling regarding:
1) Making Du’aa, after Salaah, in a melodious voice, and 2) Delivering the entire khutba in a melodious voice?

A. 1. Du’aa is a humble supplication to Allah Ta’ala; beseeching Allah Ta’ala for fulfilment of one’s needs. The melodious tune adopted by so many Imaams is merely to impress the audience. Their Du’aas are bereft of khushoo’ and tadharru’ (humbleness and submissive-ness). Furthermore, loud du’aa after the Fardh Salaats is against the Sunnah. The Du’aa should be made silently.

2. The Khutbah is Thikr, Tasbeeh and Wa’z. Such acts are not sung. It is not correct to sing the Khutbah. Rasulullah (Sallallahu Alaihi wa sallam) would deliver the khutbah as if he was facing an enemy force. The poet, Hadhrat Hassan bin Thabit (Radiallahu anhu) never sang songs, “joom-joomed” and “doom-doomed” whilst shaking and rocking in the Masjid. He recited poetry in a dignified manner. Many Nazms that are belted out are based on the tunes of Indian film songs.

Umrah with Sister and Brother-in-Law
Q. I would like to know if it is permissible for a female to go for Umrah with her sister and brother-in-law if her father or brothers are unable to go.
A. It is not permissible. It is fraught with danger.

A Three Talaaqs Saga
I struck up a haraam friendship with a lecturer which resulted in us meeting and texting each other and other haraam things which I acknowledge as sinful. The relationship lasted 20 days.
My husband found out about this haraam friendship I struck up. In one breath he then said talaaq 3 times. There were no witnesses, just us.
He then confessed to being a cocaine addict and apologised for what he said. He said that he was suffering from withdrawals and wasn’t in the right frame of mind and he wants to work it out. I ended the illicit relation-ship immediately. It was only to get away from all the abuse I was suffering from my husband.
We agreed to work it out. He promised me the world and I believed him when he said that it wasn’t a valid talaaq. He said that he only suggested three talaaqs. I consulted people and they said 3 talaaqs (no matter what) is valid, regardless of the circumstances. They also said that iddat was completed even though I remained with him after the talaaq was given.
My question is: Is the talaaq valid? Is iddat complete? If he wants to change and get back with me, do I need to make nikaah again and consummate this marriage and be divorced again from the other man and then sit for iddat again before I marry him? I don’t want to live in sin and want to repent for the haraam life I’ve led. Please advise.

A. The position with the Talaaq is as follows:
If your husband had in fact issued three Talaaqs as you have mentioned, then the nikaah was terminated then and there, and you have been living in adultery ever since. This ruling is on the basis of your contention that your husband had issued three talaaqs.
Your iddat had commenced and has long ago ended. However, thereafter you were in adultery with your ex-husband. Although there is no iddat now, nevertheless, if you are pregnant and should you marry another man whilst in the state of pregnancy then despite the Nikaah being valid, cohabitation will not be permissible before delivery of the child.
Since three talaaqs have been issued, you can no longer get married to your ex-husband. Only if you marry someone else and if he happens to give you Talaaq after consummation of the marriage, then you may remarry your first husband. But this process may not be arranged.

The Punishment for Breaking the Rights of Children
Q. What is the punishment for breaking children rights in Islam?

A. Not fulfilling the rights of children is a serious crime in Islam. Once, the Khalifah, Hazrat Umar (Radhiyallahu anhu) whipped a father for his gross indifference to the rights of his son. And Allah Ta’ala knows best what terrible punishment in the Aakhirat awaits the parent who violates the rights of his/her defenceless and infirm off-spring.

3rd, 7th and 40th Day Khatm Functions
Q. I would like to enquire about people having khatams for deceased with regards to 3, 7 or 40 days. Is it permissible and should we attend? Also, how do we go about informing those who have these khatams about the im-permissibility of these?

A. Reciting the Qur’aan Shareef and conveying the Thawaab (reward) to a deceased is a laudable and encourage-aged practice in Islam. However, viewing a particular date as incumbent and strictly holding khatm ceremonies on the specific dates transforms the practice into bid’ah. Furthermore, these khatm ceremonies are accompanied with other violations such as intermingling of the sexes. It is, therefore, not permissible to attend such functions.
There is no need to wait for the 3rd day or 40th day for Isaal-e-Thawaab. In fact, this waiting is proof of lack of concern for the mayyit. The mayyit is in need of immediate thawaab and Du’aas. These khatm ceremonies reek of ostentation. Deeds done for show are shone of Thawaab as the purpose then is not the pleasure of Allah Ta’ala. May Allah Ta’ala save us from Bid’aat which are tantamount to claiming that the Deen is imperfect and thus the need for these concocted bid’ah customs.

Sunnats Pertaining to the new born baby
Q. Can you please advise me on the process that needs to be followed after giving birth?
Do we perform ghusl for the baby before adhaan?
Is it okay for the father to read adhaan as well as sweeten the mouth?
Is it fine for a lady to do the shaving of the head or not?
Is there a Dua to read upon the hair removal?
Is it okay for the father himself to do the aqeeqah?
Does one give out the amount of the weight of the hair or can one give more? Who do we give it to?

A. 1. Ghusl should be given to the baby and then the Azaan and Iqaamat.
2. If a pious person is available then it is best for such a person to recite the Azaan and Iqaamat in the ears of the baby as well as the tahneek (sweetening of the mouth with a date moistened with the saliva of the pious per-son).
3. The shaving of the hair can even be done by the mother if she is acquainted with hair-cutting.
4. There is no masnoon Du’aa at the time of shaving the hair.
5. The Aqeeqah can be done by the father personally.
6. The amount in silver equal to the weight of the hair and even more can be given in sadaqah to the poor.

Prominent Scholars and the Maulood Bid’ah
Q. I received an email from a Barelwi Muslim citing prominent scholars in support of Maulood and I would like the Jamiat to please comment.

A. We are not the muqallideen (followers) of ‘prominent scholars’. We are the Muqallideen of the Hanafi Mathhab and we follow the Shariah as it existed during the era of Khairul Quroon (the Three Noblest Ages – the Age of the Sahaabah, Taabi’een and Tab’e Taabi’een).
Even if thousands of ‘prominent scholars’ support the bid’ah of the customary maulood, it will remain bid’ah sayyiah (an evil innovation). Ibaadat is what had existed during Khairul Quroon and substantiated by the Aimma-e-Mujtahideen and imparted to posterity by the Fuqaha of our Mathhab. There is not a shred of evidence in the authoritative works of the Fuqaha of our Mathhab for this practice of maulood.
Maulood is a baseless practice which has no origin in the Sunnah. The many acts of fanfare, fun, singing, clown-ing, feasting and merrymaking, render the function haraam and participation in these bid’ah practices is haraam.

Speaking ill about our pious predecessors
Q: A certain person involved in Deeni work disparaged Moulana Gangohi and Moulana Thanvi Rahmatullahi alayh. He claimed publicly that such people who are associated with Islaahi services do a great disservice to Deen. Please comment.

A: Both the illustrious personalities cited were held in the highest esteem by luminaries such as the founder of the Tableegh Jamaat Hadhrat Moulana Ilyaas Rahmatullahi alayh and Hadhrat Sheikh Zakariya Rahmatullahi alayh.
The opinion of the person in question is an isolated opinion and is not the official view of the Tableegh Jamaat. Statements such as these bring the entire Jamaat into disrepute. Ghuloo (excess) in anything is highly detrimental and harmful.
How much more wiser would it not have been to avoid such an unnecessary ugly and untrue comment at the time when the Ummah is in dire need of unity.
Both the Tableegh Jamaat and those who are involved in Islaahi affairs are groups of Haq on condition that they operate within the ambit of The Shariah.
It is imperative that everyone guard against Riya (boasting) and Ujub (vanity) and Kibr (pride), otherwise all the “efforts and sacrifices” will be hurled upon the face on the Day of Qiyamah for assigning partners unto Allah in the form of the idol called nafs or in the form of the idol of the creation.
It is a very grievous sin to use Deen in order to bolster ones image in one’s sight or in the eyes of others.

May Allah safeguard us all. Ameen

 

Source: The Shariah Vol 3 No. 5