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Guidelines |
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1. Due to the high volume of questions coming in almost daily, the questions go into a queuing system. Thus, there will be a delay before receiving the answer. We request patience. There is no need to send the same question twice.
2. Please send only one question per email. If you have more than one question, separate emails should be sent, unless the questions are linked to the same topic.
3. Before sending a question, please check the askmufti.co.za website for a similar question and answer already posted. If you cannot find anything similar, then only forward the question. |
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Questions of the Week |
Three Talaaqs
Q: My husband and I had an argument and he said some hurtful things which he often says when we have our arguments.The next day we were talking and he asked me if I wanted a seperation. I said yes and he immediately mumbled Talaaq,Talaaq,Talaaq and got out of the car. Please advise if this terminates the nikkah (marriage).
A. Three Talaaqs have taken place and there is no possibility of reconciliation unless you marry someone else, but such a marriage must not be planned and arranged by the husband or yourself. You will now have to undergo the Iddat period. Moulana Yusuf Laher Checked and approved by: Mufti Siraj Desai
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Calculating Subh Sadiq
Q: How do I calculate what time Subuh Sadiq (true dawn) starts?
A: Subuh Sadiq is about 1 hour 25 minutes before sunrise in Port Elizabeth. This is a basic and safe way to calculate subu sadiq or true dawn.
Mufti Siraj Desai
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The Final Analysis |
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People are often unreasonable, self-centred: Forgive them anyway. If you are honest, people may cheat you, but be honest anyway. What you spend years to build, someone could destroy overnight. Build anyway. The good you do today, people will often forget tomorrow. Do good anyway. You see, in the final analysis it is between you and Allah, it never was between you and them anyway. |
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Personal Law
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Written by Mufti Siraj Desai
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Friday, 03 September 2010 |
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Q: How should zakaat be calculated on inheritance money which one recieves. The money was only recieved several years after the deceased had passed away. Should it be calculated from the day that the deceased passed away or from the time the money was recieved? Will there be a difference if the estate was wound up immediately upon death or if it was wound up a few years later? A: There is no Zakaat on inheritance that has not yet been paid out. Once the heir receives his/her share, the Shar'i year will be calculated from that point onwards, provided the sum received is equivalent to Nisaab. (Fataawa Hindiyyah V1 P175) And Allah Ta'aala knows best Mufti Siraj Desai |
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Written by Moulana Yusuf Laher
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Tuesday, 24 August 2010 |
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Q: Before my sister passed away my brother-in-law was using her car for more than 2 years. She said before several witnesses that he could have the car when she passed away. She has since died and the car was never put into his name, as she could not find the ownership papers. Is the car considered his or does it form part of the estate?
A: By brother-in-law we assume you mean the husband of your deceased sister. When your sister said that her husband could have the car after her death, it meant that she had made a Wasiyyat (bequeathal) in his favour. And according to Shari'ah one cannot make a Wasiyyat for an heir (Al Jauharatun Nayyirah V6 P182); husband and wife inherit from each so they are not permitted to make If she had given him the car during her lifetime, he would have become the lawful owner, in which case the car would not form part of her estate after her death. Because she had not done that in her lifetime, now the car will be regarded as part of the estate. All heirs will have shares in the vehicle. Allah Ta'aala knows best. Moulana Yusuf Laher Checked and approved by: Mufti Siraj Desai |
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Written by Moulana Yusuf Laher
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Tuesday, 24 August 2010 |
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Q: Please explain the state of a person who passes away in the holy month of Ramadaan. Also the one who passes away on jumuah (Friday)? A. Regarding death on a Friday, Sayyidina Jaabir (Radhiyallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi wa Sallam) said: “Whoever dies Thursday night or Friday will be freed from punishment of the grave and will appear on the Day of Qiyaamah with the stamp of the martyrs on him.” (Sharhus Sudoor p 136) Ramadhaan contains Divine mercies, favours and blessings like no other month. There is great hope in the Mercy of Allah Ta'aala that He will grant special favour to the person who dies in this great month. Hereunder are a few Hadeeth related to death while fasting: Sayyidina ibni Mas'ood (Radhiyallaahu Anhu) says that Rasulullah (Sallallaahu Alayhi wa Sallam) said: Whoever dies at the end of Ramadhaan will enter Jannah… It is narrated from Sayyidina Hudhayfah (Radhiyallaahu Anhu) that Rasulullah (Sallallaahu Alayhi wa Sallam said: … Whoever fasted for Allah and died while fasting will enter Jannah… It is narrated from Khaythamah that it would please them greatly when a person dies after performing a virtuous act; whether Haj, Umrah, fighting in the Path of Allah or the fast of Ramadhaan. Sayyidah Aa'ishah (Radhiyallaahu Anhaa) narrates that Rasulullah (Sallallaahu Alayhi wa Sallam) said: Whoever dies while fasting will be rewarded for being in the state of fasting till Qiyaamah. (Sharhus Sudoor P136) May Allah Ta'aala grant us death in the blessed month of Ramadhaan on a Friday, Aameen. Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai |
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Written by Mufti Siraj Desai
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Wednesday, 07 July 2010 |
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Q: What is the share of daughter if a Muslim dies leaving behind a daughter and a real brother? A: The share of one daughter is normally 50% (half of the entire estate) So if a parent dies leaving behind one daughter and a brother, and NO OTHER HEIRS, then the daughter will get half the estate while the brother will receive the other half. And Allah knows best
Mufti Siraj Desai |
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Written by Mufti Siraj Desai
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Wednesday, 07 July 2010 |
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Q: As a lady can I divorce my husband who doesn't want to divorce? A: In Islam a wife cannot divorce her husband. Divorce in Islam is the sole right of the husband. You can request a divorce if he is ill-treating you or not supporting you at all financially. If he refuses to give talaaq, then you can offer him money in lieu of the talaaq. If he still refuses, then go to your local Ulema council and ask them to process an annulment of the marriage. However, one condition for an annulment is that the husband must be guilty of physical or mental abuse, or neglecting his wife's finanical needs entirely. The ulema will explain the other conditions of annulment as well as the procedure Allah Ta'ala make it easy for you.
Mufti Siraj Desai |
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Written by Mufti Siraj Desai
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Thursday, 01 July 2010 |
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Q: If the wife wants to leave husband due to his mental and physical torture, what is the procedure? For Khula does she need to get signnature from her husband and, if yes, what should she do if he refuses to sign? A: In the case of continuous physical abuse or unbearable mental and verbal abuse by the husband, the wife should seek assistance from Ulema and senior people in the community, preferably family members, who must speak to the husband and instruct him to stop such abuse. The couple should be given counselling by Ulema and spiritual leaders. The husband should be forced to live in harmony and kindness with his wife, in keeping with the Commandments of Allah Ta'ala in the Holy Quran. However, if this does not work and the husband refuses to co-operate with Ulema and counsellors, then the wife should ask the husband to release her from the nikah by issuing one baa-in talaaq. If he refuses to do even this, then the next best option is khula'. Khula' means the offering of money by the wife to the husband in exchange for a divorce. The acceptance of the husband is a condition for the validity of khula'. So he must agree in order for the khula' to be valid and binding. Once he accepts and agrees to a khula' then automatically one baa-in talaaq will fall and the sum of money agreed upon will become binding upon the wife. If the husband refuses even the khula' offer, then the last resort for the wife is to apply to a local Ulema council for a faskh i.e. annulment of the nikah. They will explain her how the faskh works. Feel free to contact us again for more information in this regard I pray that Allah The Almighty grant both spouses the ability to live with harmony and love, and safeguard the wife from harm and pain, aameen |
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Written by Mufti Siraj Desai
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Tuesday, 22 June 2010 |
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Q: My wife wants a divorce. We live hundreds of kilometers apart in different countries and we have a 5 month old daughter. What are my rights and obligations?
A: Should you divorce your wife at this stage then the following rules will apply:
1. Upon issue of the divorce, the wife must commence her iddat and it will have to be spent at the place where she is currently living, which I presume is her parents’ home. She shall have to spend three menstruation periods, which is what the iddat entails, without leaving the home for any reasons except for illness or serious injury (Allah forbid)
2. It is a major sin to divorce when the wife is in her menses. Therefore, if you are in contact with your wife then before issuing a divorce find out whether she has her periods or not. You can then ensure that the divorce will not take place during her haidh or menstruation periods. If you are not in contact with her, then I propose that you write the divorce to her in the form of a letter, with her name, address and other preliminaries at the top, and addressing her with the words ............if you are free of menses then I have given you one talaaq and if you are in haidh (menses) then upon the expiry of this haidh you will have one talaaq. This method will obviously ensure that talaaq falls in her clean period.
3. If the wife had left the marital home without your consent and approval then she is not entitled to any expenses, not now, nor after talaaq. If however, she had valid reasons to leave, such as physical abuse that threatened her body or her life, then she is still entitled to maintenance, now as well as for the duration of her iddat. After iddat there is no more maintenance for the wife. Maintenance during iddat will be the same as she receive whilst married to you.
4. As for the child, she will remain in the custody of the mother (after divorce) till the age of nine, or until she is capable of looking after her own affairs such as bathing herself, grooming herself, etc. Then you as the father have right of custody, though you may decide to leave the child with her mother even after the abovementioned age. The choice then will be entirely yours.
5. During the custody phase you have full visitation rights. With prior arrangement you can see the child any time you like.
6. The child’s expenses and maintenance is your responsibility, regardless of whether the wife left without your permission or not. This does not affect the father’s duty towards his child. You shall have to continue supporting her till she starts earning her own income or she gets married.
7. Maintenance for the child will cover her basic needs as she grows older, including, her food, clothing for the various seasons (not unnecessary), medical expenses, education fees, and so forth.
8. It is your choice to decide where the child should school (though the wife might not respect this).
Mufti Siraj Desai
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