Is it permissible to keep dogs or not? – Ahkaam E Shariat Part 1

Question: 20th Rabi ul Aakhir 1320 Hijri

What is the ruling of the learned Ulama regarding whether it is permissible to keep dogs or not? Is it permissible to keep pigeons without the intention of racing them? What about the ruling regarding quail fighting and cock fighting? Also what is the rule regarding the keeping of falcons and eagles and to use them for hunting and to then to eat which they have hunted?

The Answer: It is permissible to keep falcons and eagles and to use it for hunting is also allowed and to eat which they have hunted is also allowed. Almighty Allah says, “And which hunting animals have you trained for hunting” (Surah Maida, verse 4).

It must however be noted that the animal must be hunted for the purpose of attaining food, for medicinal purpose or for any beneficial reason. It should not be just for sport and for fun. This is a waste of time and is haraam and those who do this are sinful. That animal that is killed by them is halaal if they have been well trained to hunt and bismillah was said when releasing them. It is clear that to release if for the sake of game hunting (for sport) is haraam and this does not interfere which the Zibah according to Sharia just as to take Allah’s name and then strike a sheep from the neck (nape) is a haraam action, but to eat such an animal is halaal.

Quail fights, cock fighting, and getting any other animal to fight, like the way people fight rams, little birds and some even fight haraam animals such as elephants and bears are all haraam as this is to cause pain to animals without reason. It has been mentioned in the Hadith Shareef that the Holy Prophet (Sall Allaho Alaihi Wa Sallam) has prohibited us from fighting animals (against one another). (Ref: Abu Dawood and Tirmizi from Ibn Abbas radi Allahu anhu and Tirmizi has categorized it as Hassan Sahih)

To keep pigeons just for the sake of comforting ones heart and not for any impermissible reason is allowed. To fly pigeons from rooftops so that one may go on the rooftops and look at our Muslims females, or to throw stones at the pigeons, causing windows to break and the danger of injuring someone’s eye, to fly pigeons to capture the pigeons belonging to others or to fly them the entire day absolutely hungry, and to enjoy seeing them fly in this way, not even allowing them to land when they need are all improper and to keep the pigeons for these reasons is haraam. It is in Durr-e-Mukhtar as follows: “It is Makrooh (to keep the pigeons caged) even if it is in their special enclosure (if this is to harm others). This is when this harm is caused through looking (at what is not allowed) and by trapping the pigeons of others. Thus, if one flies them from a rooftop and this causes disclosure of females, and if one throws stones, causing windows to break, then the person who threw the stones will be answerable and he will be stopped from doing this very sternly. If he does not abstain from this, then the chief police officer of the town has the right to make them (the pigeons) zibah. If they are not for flying, then this is doing what is best due to feeling for the pigeons and this is Mubah (permitted).”

It is in Sahih Bukhari etc. on the authority of Abdullah bin Umar (radi Allahu anhu) and in the Sahih of Ibn Hibaan on the authority of Abdullah ibn Umar (radi Allahu anhu) that the Holy Prophet (Sall Allaho Alaihi Wa Sallam) said, “A lady went into hell because of a cat. She kept the cat tied up. Neither did she feed it nor did she release it, so that she may be free and eat the mice etc.” It has been mentioned in the narration of ibn Hibaan that the said cat has been appointed to punish the woman in hell and it bites her with its teeth from in front and from behind. Read the rest of this entry »

Is there Zakaat on gold or silver

Question: What is the ruling of the Ulama-e-Ahle Sunnat wa Jamaat in the following cases:

(a) Is there Zakaat on gold or silver jewellery that is for daily use or that which has been kept away?
(b) Does the Nisaab of the Zakaat for jewellery remain as per the price of jewellery when it was purchased or does this fluctuate as per the market value of the jewellery and thus will it be calculated as per the price at the time of calculation for payment (of zakaat)?
(c) What is the ruling regarding that money which is invested in business, such as money that has been used to purchase material (cloth) or for rentable things etc? How does one give zakaat on this?
(d) What is the Zakaat that needs to be paid per one hundred?
(e) Can one give the money of Zakaat to a Kaafir, mushrik, wahabi, raafdhi (shia) or qadiani etc?
(f) Who is it best to first give one’s zakaat to? If one’s brother’s sisters or parents are not zakaatable, can they be given zakaat or not?
(g) That person who has fifty six rupees is Zakaatable (This was during that era). Now what should he give in Zakaat?
(h) Upon who is Qurbani necessary and is it waajib or fard?
(i) Nowadays in India, some Muslims stop us from making Qurbani of cows, as they wish to please the mushriks and they say that we should make Qurbani of goats. Now, what should we make qurbani of?

The Answer:

(a) There is full zakaat on the jewellery, whether it is worn at all times, or it is not worn at all. والله تعالى اعلم
(b) If gold is given in place of gold and silver for silver, then there is no need to pay the market related price. In doing so, one must give one fortieth of the weight of the said jewellery. However, if one wishes to give silver in payment of gold and gold in payment of silver, then the market related value will be used. The market related value at the time of making or purchasing the jewellery and the current market value will not be taken into account if it is before or after the year had come to an end, but the value taken into account will be after one complete year according to the Arabic month and date that he became zakaatable. The payment of zakaat will be according to the value at that particular time. والله تعالى اعلم

(c) At the end of the year, the market related value of the goods for business, will be used to pay the zakaat on it, which is one fortieth (2 ½ %) of its market related value. والله تعالى اعلم

(d) The easiest way, is to pay two and a half rupees on every one hundred rupees (Translators Note: Use the currency of your country, eg. R2.50 on every R100 in South Africa) والله تعالى اعلم

(e) It is haraam to give them Zakaat and if one does give them Zakaat, the zakaat will not be discharged. والله تعالى اعلم Read the rest of this entry »

The ” MEAT ” which is hidden from the sight of a ” MUSLIM ” Halaal or Not ?

For meat to be Halaal, it depends on the proper Islamic method of slaughtering carried out by a Muslim or by a Kitaabi, of an animal which is permitted for Muslim consumption by invoking on it the Name of Allah at the time of Zibah. If there is even an atom of doubt in the meat being Islamically slaughtered then such meat will be considered as Haraam.

 

As long as the Zabiha of a Muslim is in the sight of a Muslim, then it is accepted as Halaal. If it is out of the sight or possession of a Muslim then it is doubted and to eat such meat is Haraam for this reason, that as long as an animal is alive it’s consumption is Haraam. It only becomes Halaal after Zibah-e-Shar’i (Slaughtering according to Shari’ah). If there is no proof of Shari’ah whether the animal was slaughtered in accordance with the Laws of Shari’ah then the meat of such an animal is Haraam, since it is proven with Yaqeen that the animal is Haraam, thus how can it be accepted as Halaal only by presuming that the animal was slaughtered by a Muslim. It is in “Al-Ashbah” as follows concerning the purchasing of meat from Majusis: “The meat of a live animal is Haraam, thus the purchaser is bound by the originality of it being Haraam and unless the proper Zibah of such an animal is not proven, it will remain Haraam.”

 

If a Kaafir says that the meat purchased by him is the Zabiha of a Muslim, then his word will not be acceptable since Halaal and Haraam deal with the matters of Deen and trust. It must be known that in the circumstances of Deen and trust, the word of a Kaafir is unacceptable. It is therefore, stated in “Fathul Qadeer” as follows: “The meat from the butcher of a Polytheist is not Halaal until such time it is proven to be the Zibah of a Muslim, since such meat is in reality Haraam, and the proper slaughter of such an animal becomes doubted.”

 

Allama Shaami (radi Allahu anhu) has stated as follows in “Raddul Muhtar”: “By the person being a Majusi, it is enough to establish such meat as Haraam even if he claims that it is the Zabiha of a Muslim. The reason for this is that on the basis of trust, integrity, and honesty his word is unacceptable.”

 

In “Muamilaat” (General Business Affairs), the message of a Kaafir is only accepted on the condition that honesty prevails without doubt. If there is doubt of his message being true in general business affairs, then also one should not act on his words. (Bahare Shariat, vol. 12, page 37) Read the rest of this entry »

Fatwa on Bank Interest

Azharul Fatawa – Collection of English Fatawa
by Taajush Shariah Hadrat Allama Mufti Mohammed Akhtar Raza Khan Azhari al-Qaadiri


Your holiness, Mufti Saheb. I request your honour to give the verdict on the following questions. May Allah Ta’ala reward you.

Question 1: Is interest totally unlawful? On which condition is the profit considered as interest?

Question 2: May a Muslim take the profit on his deposited money in the banks and the post offices which they term as “interest” in countries such as India, Britain and South Africa, etc.

ANSWER Read the rest of this entry »

QIBLAH FOLLOWER CONCEPT INVALID

Thirdly, the fact of the matter is that the term “facing the Oiblah” in the opinion of the Imams stands for a person who believes in all the essentials of the Islamic faith. If that person denies even a single essential, he certainly becomes a disbeliever, in the light of the unanimous verdict of the Islamic scholars. Anybody who does not call such a person a disbeliever is himself a disbeliever.

Shifa Sharif, Bazaziah, Dar Radd- e-Gharoor, and Fataawa-e-Khairiah and many other books state:

“All the Muslims are unanimously of the view that any person, who shows disrespect to Prophet Muhammad صلى اله عليه وسلم , is a disbeliever. Anybody, who doubts it, is himself a disbeliever”

Majma-ul-Anhar and Durr-e-Mukhtar show as under:

“Any person, who becomes a disbeliever on account of showing disrespect to a Prophet, will not be forgiven; and anybody who doubts his punishment or disbelief is himself a disbeliever”

Allah be praised! This is an important aspect of this topic and the entire Muslim community is unanimous that these insolent people are disbelievers; he, who does not consider them as disbelievers, is himself a disbeliever. It is mentioned in the commentary on Fiqah Akbar:- “The correct approaches include this that the followers of Qiblah will not be called disbelievers, unless they refuse to accept the essential requirements of faith; for instance treating forbidden (Haraam) as allowed (Halaal). It is no secret that our scholars, when they say that the followers of Qiblah should not be classified as disbelievers, do not mean just turn- ing one’s face towards the Qiblah. The Aafizi people falsely say that Gabriel made a mistake in conveying the revelations; Allah had sent him towards Hazrat Ali and not Prophet Muhammad صلى اله عليه وسلم  . Some of them treat Hazrat Ali radi allahu anhu as Allah. These people, though they pray with their faces towards the Qiblah, are not Muslims. This Hadith also has a similar meaning, which says that he, who prays like us, turns his face towards our Qiblah, and eats the animals slaughtered by us, is a Muslim”.

(Tamheed Ul Iman by Ala Hazrat radi allahu anhu)

Shares and Stocks

It is certainly permissible to invest one’s money in buying and selling shares, provided that the shares you buy or sell are that of a business, which is permissible to operate. Thus, it is perfectly permissible to own shares in a furniture company, an iron and steel corporation, a supermarket, a travel agency, a computer business, etc. The list is endless.

It is not permissible, however, to own share in a wine company, a brewery, a gambling shop, etc. because all these either sell things that are forbidden or provide services that are also forbidden. That makes any profits earned from such business forbidden to have.

A Bank that operates on the capitalist system of finance belongs to this second category, because much of its operations are interest charging. When you buy shares in a Bank, you are actually owning a portion of that Bank which means you are involved in all its operations, in a way, you are actually helping in all its operation. Therefore, it is forbidden to own shares in a Bank where interest is the basis for most of its transactions

RAFFLES AND LOTTERIES

When people buy lottery tickets, what is the aim behind this purchase? It is clearly to win the jackpot or a high prize. In other words, a person may be willing to pay one hundred currency notes just to have a chance of winning a prize of, say, one hundred thousand currency notes. If he wins it, then he is actually getting one thousand currency notes for each note he had spent. That is a great gain by human standards. It is certainly to make such gains, or to win such prizes, that people buy lottery tickets. Little do they think of the cause for which a lottery is organized.

On the other hand, governments organize national lotteries in order to raise funds, which they may use for financing public sector projects or some other government business. Governments certainly raise large amounts of money in this way. They normally allocate about 30% for prices and around 25% for the administration and expenditure, while the remainder goes to finance its projects. People part with their money knowing that they have little or no chance of landing a major prize or hitting the jackpot. But it is to satisfy their dreams of sudden wealth that they are prepared to buy such worthless tickets.

There is no doubt that such an exercise is forbidden in Islam. The reason is that, for the major part, this exercise lures people and offers them next to nothing. If raffles are organized on the same lines, then the same verdict of prohibition applies.

FORTUNE TELLING

People attach some importance to the time of birth, which act can at times be very much exaggerated. Astrologers tell us that if they knew the exact time of someone’s birth, they can set up his or her horoscope and that they can tell that person a great deal about his or her personality and future. They claim that by knowing the exact time of birth, they can calculate which star was rising and which was descending, and these movements indicate certain things for human beings. Besides, newspapers and magazines in most countries have a horoscope column which tell people, who are born between certain dates, what to expect in the period immediately after the publication of that issue of the paper or magazine. Although many read these for fun, some of them take them seriously.

From the Islamic point of view, we accept nothing of these claims. Indeed, the Prophet of Islam (sallal laahu alaihi wasallam) warns us against consulting any fortune-teller, regardless of the method he or she uses to tell us our fortunes. Moreover, the Holy Prophet (sallal laahu alaihi wasallam) describes fortune-tellers as liars, even when they happen to say the truth (i.e. foretell correctly). That means that if a fortune-teller tells us something and it turns out to be as he had said, he still is a liar because when he told it to us, he did not know it for certain. He was simply guessing. When a person tells us something, which is only guess work, he must be a liar. Indeed the prohibition to fortune-tellers, including astrologers, is very strict. To believe that someone may know the future is tantamount to disbelief in Almighty Allah, because it suggests that these people know something, which in fact is known only to Almighty Allah Himself.

FASTING MERITS, RULES AND SUPPLICATIONMERITS

Allah Subhanahu wa Ta’ala says: “O believers! Fastings have been made obligatory upon you as were made before you, so that you may become pious.” (2:183) Thus the fastings were obligatory on Muslims and it became the third pillar of Islam. Regarding merits of fastings there are so many Hadiths have been narrated, some of them are being referred below:

Sayyiduna Abu Huraira (radi Allahu anhu) said that our Prophet (sallal laahu alaihi wasallam) said that he who keeps fast with belief and hope of getting blessings then his forthcoming sins will be forgiven and he who believes and prays in the nights of Ramadaan with the intention of getting blessings then his forthcoming sins will be forgiven and he who believes and prays with the intention of getting blessings in the night of Qadr, his forthcoming sins will be forgiven. (Bukhari & Muslim)

Sayyiduna Suhail bin Sa’ad (radi Allahu anhu) said that our Prophet (sallal laahu alaihi wasallam) said that in Heaven there is a door which is called “RAYAN”. On the Day of Judgment (Qiyamah) only the people who observed fastings will enter into Heaven through this door. Nobody other than those mentioned will enter. A call will be made, where are those who used to keep fasts? Then the people of fasting will stand up and enter into Heaven and then the door would be closed and none could be able to enter through this. (Muslim)

Sayyiduna Abu Huraira (radi Allahu anhu) said that I have heard our Prophet (sallal laahu alaihi wasallam) saying that Allah says: All the deeds other than fasts are for the men himself but fastings is for Me and I only will give reward for that. I swear by Who has Power on my Soul that the smell from the mouth of a fasting person is better than the smell of “Musk” scent. (Muslim)

SAUM(Fasting) RULES

RULES:

1. For every day’s fasting, intention must be done before the time of “Zawaal” or (Nisf un Nahar Sharayee).
2. Intention for fasting need not be pronounced, only intention by heart is sufficient but it is better to pronounce the words. (Bahare Shari’at, part 5)
3. Eating by mistake does not break the fasting, putting oil in your hair or putting black powder in the eyes and entering a fly in the mouth or smoke or dust of flour do not break the fasting. Gargling the mouth and throwing out the water then swallowing the wetness in the mouth and entering water in the ear does not break the fasting. If you cough and swallow the spit of any quantity does not break the fasting. Nightfall and backbiting also does not break the fast although backbiting is a great sin. Similarly, if you are fasting but did not took bath after sex then it will not break the fast although to remain without bath (Ghusl) for whole day is Haraam. If your lips become wet with your saliva and are then swallowed, Fast will not break. (Bahare Shari’at, part 5)
4. If you were gargling, the water went inside without intention or the water went up inside the nose or putting oil in the ear or putting drops inside the nose breaks the fasting if you remember that you are fasting.
5. Intentionally mouthful of vomiting breaks the fast if you remember that you are fasting, if it is less than mouthful vomiting then fasting did not break.
6. If you vomitted unintentionally but if it is less than a mouthful, then fasting did not break but if it is mouthful and you swallowed it back, then it did break the fasting.
7. If tears entered in the mouth and if they are more than one or two drops and you felt the salty taste in the whole mouth then it did break the fasting.
8. If you spit on your hand and then swallow your spit or swallow somebody’s spit then it did break the fasting.
9. Drinking water or eating while sleeping breaks the fasting.
10. Kissing, touching and having sex with your wife leadinq to discharqe breaks the fasts.
11. Normally eating, drinking, smoking, chewing tobacco or beetle-leaves breaks the fasts if you remember that you are observing fast. (Bahare Shari’at, part 5)
12. To break the Ramadaan fasts intentionally is punishable by a fine. For breaking every Ramadaan fast intentionally – as a fine one has to keep 60 days continuous fasting. If it is not possible, then pay for the release of one slave for each fast. If this is not possible, then provide food for 60 poor men twice daily. (Qanoon-e-Shari’at, part 1)
13. Lying, backbiting, ugly words, dirty talking and giving trouble to others makes fasting Makrooh (less blessings). Collecting saliva in your mouth and then swallowing it also makes fasting Makrooh. Delay in Sehri (eating before daybreak) is permissible but delaying up to the point of daybreak is Makrooh. (Bahare Shari’at, part 5)
14. Cleaning your teeth with Miswak (a stick to dean the teeth) in fasting is not Makrooh. (Bahare Shari’at, part 5)

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