Monthly Archives: October 2018

Universal Credit

Universal Credit

17 Oct 2018 Ref-No#: 1099

In the UK theres this program which allows its unemployed citizens to gain government benefits like money if they actively job search for 35 hrs a week. 28 hrs a week for some who have a valid reason. if you dont do your weekly 35 hrs job search u could risk getting penalised. i thi k either u lose some of ur benefits or all. a few people of course have brought up how ridiculous this is. personally, i’ve only been able to complete almost three hrs, in which consisted of refurbishing my cv twice, beginning a cover letter, looking up jobs and researching their company. these benefits im getting help my family who struggle with money. im afraid of falling short of my committments. some people recommend applying for jobs u know u’ll never get, but because I’m Muslim, morally it feels wrong to do so. do you think i can fall short of my committments(not do full 28 hrs a week) and not tell my work advisors? and can i apply for jobs i dont really want to/cant do? or is it all haram?

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

Since it is clearly stated that you are being paid for the time, which is the 35 hours, you will have to complete the full 35 hours to be compensated. The fact that they will penalise you for not completing the full time shows that it is not negotiable.

Although it may seem ridiculous, one is not forced to take the offer. If a person wants the benefits, he will have to fulfill the conditions and terms.

As Muslims, we display utmost honesty and transparency in our dealings. Our main concern is that all our earnings should be Halal and Tayyib (pure). Thus, if you are able to  complete the requirements of this offer, you may persue it further. And if not, then fear Allah and seek other income, having firm conviction that Allah will give you better (because of sacrificing for Him), as explained in the following verse:

و من يتق الله يجعله مخرجا oويرزقه من حيث لا يحتسب (سورة الطلاق – اية 2-3)

“And the one who fears Allah, Allah will create for him an exit. And Allah will sustain him from where he could not imagine.” (Surah Talaq: 2-3)

 

References

“وتعدي الأجير هو أن يعمل عملا أو يتحرك حركة مخالفين لأمر  الآجر صراحة كان أو دلالة” المراد بالعمل المخالف لأمر الآجر دلالة أن يعمل الأجير في المستأجر فيه عملا لا يرضى به المالك لما في الفتاوى الأنقروية نقلا عن العتابية والمتعدي هو الذي بفعل بالوديعة لا يرضى به المودع ولأن كل عمل لم يكن مأذونا فيه إذا كان من شأنه ن لا يرضى به المالك يكون منهيا عنه دلالة فدخل في العمل المخالف لأمر الآجر دلالة ما لو أنزى الراعي بعض الدواب على بعض بلا إذن المالك فإنه لو عطب منها شيء بسبب ذلك يضمن لتعديه لأن الإنزاء لما كان غير مأذون فيه وهو مما لا يرضى به المالك صار كأنه منهي عنه فبالمخالفة يكون متعديا فيضمن (شرح مجلة الأحكام للأتاسي – 711/1)

اجیر کا موجر کو دھوکہ دے کر زیادہ روپیہ وصول کرنا؟

یہ عقد اجارہ ہے، اور اجیر کي خاص صفت پر اجرت زیادہ دینے پر گورمنٹ کي رضامندي ہے جب وہ صفت اجیر میں نہیں تو وہ زیادہ اجرت خداع وفریب سے کرائي گئي ہے لہذا یہ جائز نہیں اور جس قدر دھوکہ سے ترقي کي ہے اس قدر روپیہ خبیث ہے
(امداد الفتاوی – 388/3)

ایام غیر حاضری کی اجرت
مدارس کے اساتذہ اور اںمہ مسجد جن دنوں میں غیر حاضر رہے ان دنوں کی اجرت کے مستحق ہے یا نہیں؟
اس میں مدارس کے عرف پر عمل ہوگا جتنی غیر حاضریاں عرفا معفو عنہ سمجھی جاتی ہے انکی اجرت کا مستحق ہوگا زیادہ کا نہیں (احسن الفتاوی – 7 / 283)

follow up to Ref-No#: 1079

follow up to Ref-No#: 1079

17 Oct 2018 Ref-No#: 1097

With reference to my earlier question 1079, one solution given is that sign the rental contract first, and then sales contract, but how can i sign the rental contract and lease to someone , when i do not own that asset ?. Isnt the proper way to buy first and then rent out.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

The contract you sign on the rental is subjective; meaning IF you buy the property the property, you will lease it out. It is not a present transaction, but rather a  promise for the future. Thus, the rental agreement is suspended on the purchase of the property. No sale is taking place before ownership, but rather just a commitment.

PARENTS WILL

PARENTS WILL

17 Oct 2018 Ref-No#: 1081

My grand father (maternal) has 3 daughters and 1 son, he recently received funds from the sold property of his own father, most of his brothers have already distributed these funds among his daughters and sons, but my grand father claim is that he will not distribute this during his life and only be known by his will after his death, further his intention is that he will only distribute his self owned property and property from his ancestors among only his 1 son and 1 daughters whereas his claim is that my mother and other aunt are self sufficient so he will ignore them.

Appreciate your advise about this matter, is he correct that property will can only be declared after his death ? and can he ignore my mother and another aunt with his claim that since they are self sufficient he will not give anything from his self owned and ancestors earned property ?

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

A person only owns his wealth until the time of his death. As soon as he passes away, he looses ownership of all his assets; and his estate has to be distributed according to what Allah Ta’ala has ordained. Allah Ta’ala has explained how wealth should be distributed after a person passes away, and no one has a right to amend these shares or deprive anyone of their rights.

Even if a heir is rich or self sufficient, a deceased has no authority to deprive them of their alloted shares. Hence, even if your grandfather states in his will that his two daughters (your mom and aunt) should not get anything, that clause will be null and your mom and aunt will still be deserving of their shares.

Furhermore, a person cannot make a Wassiyyah (bequest) for an heir who has been stipulated in Shariah. Thus, if your dad makes a bequest for his one son and daughter to get more, that clause will not be valid.

Even if your grandfather decides to distribute his wealth whilst he is alive; he will have to maintain equality between his children.

References

تِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا ۚ وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ ؛ وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُّهِينٌ (سورة النساء 13 – 14)

(ولا تجوز الوصية لوارث) لقوله صلى الله عليه وسلم: “إن الله قد أعطى كل ذي حق حقه؛ فلا وصية لوارث”.

ويعتبر كونه وارثاً عند الموت لا عند الوصية: فمن كان وارثاً عند الوصية غير وارث عند الموت صحت له الوصية، وإن كان بالعكس لم تصح (اللباب في شرح الكتاب – 367/ 5)

م: (ولأنه) ش: أي ولأن الزائد على الثلث م: (حق الورثة، وهذا) ش: توضيح لما قبله م: (لأنه انعقد سبب الزوال إليهم) ش: أي انعقد سبب زوال الملك عنه إلى الورثة؛ لأن المرض سبب الموت   (البناية شرح الهداية – 13/ 391)

Movies/Video Games

Movies/Video Games

16 Oct 2018 Ref-No#: 1083

Asalamualaikum

I’m a young female who enjoys watching romance shows and movies/video games. I always cover the parts in which people kiss. Ever since I began practicing it’s been hard for me to find holistic activities for entertainment that aren’t against Islamic guidelines. I don’t go to the cinema anymore. These types movies/shows make me quite happy. I think they’re a nice past time for me. Is this forbidden? Despite the efforts I make to conceal any overly romantic parts? They don’t push me to pursue forniciation or masturbation, they just give me a nice feeling in my heart.

I asked another Shaykh this question and he said he didn’t know. So I’m assuming it’s a confusing topic.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

There are numerous wrongs when watching movies. Even if you are really successful the parts where the actors kiss; there are still various other sins which takes when watching these shows and movies; for example:

·        Looking at people of the opposite gender without dire necessity and in a way prohibited by Islam. The Quran also commands females to lower their gazes, and this is not feasible in the case of TV and movies.

·        Listening to music. Every program on the TV will have some music, and this causes hypocrisy to grow in ones heart.

·        Displaying pictures in the house when the screen is switched on. According to the hadith, pictures prevent angels of mercy from entering the house. If there are no angels of mercy in the house, the house will be full of devils.

·        Watching and listening to immoral people, thereby, creating admiration for them and their ways. The hadith tells us that a person in the life hereafter will be with the ones he loves and admires.

·        Wasting time. Time is very precious according to Islam and it is amongst the first things a person will be questioned about on the day of judgement.

Besides all the above, by watching TV shows, one is putting himself in a state of heedlessness. Often it is because of this heedlessness that many prayers are missed.

As for entertaining yourself, we should realise that as Muslims we have a greater purpose in life. We were created to prepare for the hereafter.  Every second of ours is valuable, and we will have to give account of how we spentevery moment.

By sacrificing the ‘entertainment’ of this world, we can invest our resources to attain the entertainment if the hereafter. For us, the world is the place to prepare for the hereafter, and not a place of enjoyment.

The happiness you are getting from watching movies is artificial. It is like a pain killer.

Recite more Quran in your free time, and increase in your rememberance of Allah. This will bring true happiness and pleasure.

You may also engage in recreation which has benefit. For example, keeping within the confines of Hijaab, you may go for swimming. Reading beneficial books is also recommended.

In short, rather use your free time to prepare for the hereafter, or do something which will benefit you.

 

Divorce

Divorce

15 Oct 2018 Ref-No#: 1084

Aoa. I wanted to ask if a girl and guy are in a secret nikkah because girl was too dumb back then. And later the girl realized that guy is not good for her n she won’t ever stay happy with him plus her family would never accept him so she asked for divorce. He keeps asking her to talk to her family firstly she kept saying i can’t I know they would never accept u. But on much forcing I lied to him that i talked to my mom n she said no. It’s never happening because and i can’t force my family so please divorce me. He divorced me 3 times saying ‘i divorce u’. Is the divorce valid? Despite of the fact that I lied to him once?
Later I asked him then he said he divorced because I asked for it

Answer

Wa’alaykum as Salam wa rahmatullahi wabarakatuhu,

Even though your husband based the divorces on the incorrect information which you gave to him, all the three Talaaqs issued by your husband will be valid. You are now out of his wedlock, and your Iddah has commenced when he uttered those words.

References

  الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْريح بِإِحْسَانٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَئِكَ هُمُ الظَّالِمُونَ (البقرة 229) 

وإذا قال لها: أنت طالق، فقوله لها: أنت طالق، يقع بالكلمًة بعينها الطلاق سواء البتة لا يحتاج فيها إلى نية.
(الأصل للشيباني – 4/ 457)

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.