Your Questions Answered

 

Queries

 

‘Woman for a Woman’

 

Question: If a man murders a woman, then according to ‘Qisas’ (as I understand) -"a woman for a woman" should be killed. But why should an innocent woman be killed? Why not the murderer himself? Please explain.

Answer: If the referred Qur’anic verse is translated properly, your question does not arise. Verse 178 of Surah Baqarah reads thus:

O ye who believe, decreed for you is the qisas of those among you who are killed such that if the murderer is a free-man, then he [himself] will be executed in lieu of [the crime] and if he is a slave, then he [himself] in lieu [of the crime] and if she is a woman then she [herself] in lieu [of the crime].

In other words, what the verses actually imply is that it is the murderer only who should pay the penalty for the crime. No one else should be killed is his or her place. It should be kept in consideration that in the pre-Islamic Arab society, there were customs in which murderers were let off if they belonged to a certain tribe or class of society. In their place, some person of an inferior creed was executed. Sometimes, a slave was executed for the crimes of his master. At other times, simply no one was executed. This verse actually stresses total equality in matters of qisas. It is the murderer himself or herself who must be penalized for the crime he or she has committed. Consequently, `a woman for a woman' does not at all mean that if a man has murdered a woman, then in his place a woman should be executed. The man himself must be put to death.

 

GP Fund

 

Question: In a scheme like GP Fund (or CBF), an employee contributes a certain percentage of his salary (e.g. 8%). An equal amount is contributed by the employer in the account of the employee. This is a kind of forced saving by the employee. Is it lawful to take benefit from this facility. What about the interest on this accumulated money?

Answer: In schemes like the GP fund, the employee has no option but to accept the forced deduction made by the government. It is a well-known fact that the part contributed by the government is raised through interest transactions. However, it should not be the concern of the employee as to how the employer raises this amount to meet his part of the `forced’ contract.

The interest accrued on the amount is unlawful. A person should not benefit from it. He can spend it on the poor and needy without being hopeful of a reward from the Almighty, since this money actually is not his prerogative and in fact belongs to the society. By spending the money on the poor and needy the money is utilized for the society.

 

Nailpolish and Ablution, Masah on Stockings, Baby-Cut Hair

 

Questions:

1) Is it lawful for a lady to make ablution on polished nails?

2) Is it allowed to do 'masah' on summer stockings? They are very thin and dust or water etc. can easily penetrate them.

3) What about ladies who have baby cut hair?

Answers

1) Before applying nail polish to one's nails a lady should perform ablution. All subsequent ablutions can then be performed with the nail, polish applied. However, one thing a Muslim woman must always keep in mind: growing nails is explicitly forbidden in Islam. Most women who use nail polish normally grow -- in fact "nurture" nails.

2) The real reason behind masah on socks or similar footwear is raf`ay haraj ie to provide ease. The reason is not to actually clean something. Therefore, it is okay to do masah on the stockings even if they partly stop dust, dirt and water.

3) Women are allowed to cut their hair in any decent style they want. The only haircut forbidden is that which makes them resemble men. The reason for this is that Allah has made men and women as two distinct entities upon which is built the whole edifice of a society; each has distinct functions and distinct responsibilities; copying each other in spheres specifically meant for the one is against the fitrah (human nature) made by Allah and breeds wrong attitudes, desires and inclinations.

Baby-cut hair, I believe, makes women resemble men and hence it is undesirable.

 

Razing Down Shrines

 

Question: What do you say about these graves of saints in Pakistan? Some say they should be demolished to just 6 inches in height. Is this allowed in Islam?

Answer: According to the Qur’an, enjoining what is good and forbidding what is evil are among the obligations of an Islamic State (see Surah H~ajverse 41). To obliterate every manifestation of shirk (polytheism), therefore is an obligation which a state must carry out. Shrines of saints if they become centres of shirk can be razed down by the state. However, if a state can purify them of polytheistic practices, without actually dismembering them, then it is not necessary to raze them down. The real thing is to eliminate polytheistic practices at such places.

It must also be kept in mind that no one else except the state has any authority to tamper with such places.

 

Women Travelling with a Mahram

 

Question: When is it okay for male or female Muslims to travel alone?  When is it not okay? Is it okay for sisters to travel without a mahram?  Please define travel and define mahram and tell me where this concept of mahram has come from? Is it mentioned specifically in the hadith?

Answers: There are a number of Ahadith in which directives have been given by the Prophet (sws) for the well-being (maslihah) of the Muslims. However, if the circumstances in which such directives have been given change, then, as is the case with all conditional directives, such directives may no longer apply in the changed circumstances.

The directives given to Muslim women about travelling belong to the above mentioned category. To ensure a safe journey for a women and to protect her moral character from any scandalous allegation in the strife ridden society of Arabia, the Prophet (sws) bade them travel with a mahram relation.

In my opinion, all tours and journeys etc in which the above two bases still exist, the condition of a woman travelling with a mahram must be followed.

However, with the changed circumstances of modern times, travelling has become a lot different from what it used to be in previous days. There are some travels in which safety both physical as well as moral is ensured. So, in such travels the mahram condition no longer applies. As far as the decision as to which journeys have become so safe is concerned, the traveller must decide for herself.

The word travel needs no definition since it is not a religious term. Everything which in the English language can be termed as `travel' is travel.

The word mahram is used for those relatives with whom a marital relationship is eternally prohibited by the Shari`ah. It has been specifically stated by the Prophet (sws) in the Ahadith pertaining to this subject.

These directives have got nothing to do with male Muslims.

 

Charity instead of Qurbani

 

Question: I have a query related to Qurbani. Instead of sacrificing sheep on Eid, can one donate the equivalent in money to the Edhi Trust or other bonafide Charity? Secondly, can one give money as Sadqah to charity instead of sheep slaughter? Can one adopt some other token form of Sadqah and give balance amount to charity?

Answer: Your answer needs a little elaboration:

For every human being who believes in Allah, there are two distinct spheres of interaction in which relationships come into existence. The first sphere covers a person's relationship with Allah, while the second one constitutes a person's relationship with his fellow human beings. Islam and all divinely revealed religions nothing but guide human intellect in these two spheres. A person's relationship with Allah manifests itself in worship, which in Islam has some distinct forms. Similarly, a person's relationship with his brethren takes the form of social interaction, which again has many areas. Total or partial negation of any one of these spheres results in an unbalanced life. Extremism in the first sphere breeds monasticism and ascetism while extremism in the second one breeds materialism. Islam wants every person to create a balance in his life by giving each sphere its due. Similarly, it wants a person to undertake the various prescribed forms of interaction in both the spheres since each has a definite purpose.

In the first sphere, Islam has prescribed specific forms of worship of which one form cannot replace the other, since each has its own purpose and objective. Animal Sacrifice is one such form of worship. It has an underlying philosophy which must be well be appreciated in order to do it in letter and spirit. Just as salat cannot replace zakat and vice versa, animal sacrifice also cannot be replaced by zakat or charity. What animal sacrifce induces in a person, zakat or salat or hajj do not.

The raison d'etre for animal sacrifice on Eid is to commemorate a great event which depicts an extraordinary expression of submission to the command of Allah -- the essence of Islam. The Prophet Abraham (sws) while obeying the Almighty set a platinum example of this submission. When we offer an animal in  sacrifice, we actually symbolize our intention that we are ready to submit ourselves to Allah in any way that may be required by Him, just as His great Prophet Abraham (sws) had once done so with spirit and splendour, glory and grandeur.

 

If Qurbani is not Possible?

 

Question: If a person living in a foreign country, is not able to do Qurbani, can hedonate money equivalent to the price of a sheep or goat, to an Islamic organization which claims that it will perform Qurbani on the donors behalf and distribute the meat to needy Muslims?

Answer: The answer to your question is in the affirmative. Whenever it is not possible to carry out a prescribed form of worship in its required shape and manner due to some legitimate reason, it should be done so in whatever way possible so that one is able to carry out one’s responsibility even as a token.

For example, if a person is not able to say his prayers while standing, he should do so while sitting or, even lying down if he is not even able to sit. Similarly, if carrying out ablution (wudhu) is in not possible, for a person he should do tayammum. Likewise, if one is not able to sacrifice an animal, he can do what you have proposed. This is the beauty of our religion. It does not impose undue restrictions on us nor does it compel us to carry out directives which in certain circumstances are not possible to obey

 

Wives’ Rights and Inheritance, Secret Marriages

 

Questions

I would like to know the rights of wives in Islam. Regarding financial rights of inheritance, do they receive more than the husband’s mother? Is it alright to get married in secret?

Answers

1) Wives have the same rights as the husbands in all affairs except in those in which the husband as head of the family possesses specific rights. One example of this is that a husband, being the head of the family unit, has the right to give divorce to his wife. However, wives cannot divorce their husbands --- they can seek divorce from them.

As human beings, both possess the same `human' rights.

2) The shares of the parents in the Qur’an are stated thus:

And if the deceased has children, the parents shall inherit a sixth each, and if he has no children and only the parents are his heirs then his mother shall receive a third, and if he has brothers and sisters then the mother's share is the same one sixth after the payment of any legacies he may have bequethed and after discharging any debts he may have left behind." (4:11)

The shares of a husband and wife are stated next:

And to you belongs a half of what your wives have, if they die childless. And if they have children, a quarter of what they leave shall be yours after payment of their debts and any legacies they may have bequethed. Your wives shall inherit one quarter of what you leave, if you die childless. If you have children they shall inherit one eighth, after payment of your debts and any legacies you may have bequethed. (4:12)

It is clear from the above verses that the share of the wife in some cases is less and in other cases more than the husband's mother. If the deceased has children, his mother will receive one-sixth and the wife one-eighth. In this case, the share of the mother is more than that of the wife. If a deceased does not have children and also does not have brothers or sisters, his wife will be given one-fourth of the total inheritance and the mother's share will be one-third of the remaining amount. In such cases, the share of the wife may sometimes come out to be more than that of the mother.

3) Secret marriages are totally forbidden in Islam. One of the essentials of  marriage in Islam is public declaration so that the society knows that a couple has decided to live as husband and wife. Secret liaisons which caste huge shadows of doubts on the type of relationship between a man and a woman are strictly prohibited.

 

Some Questions about Zakat

 

Questions:

1) Can one contribute zakat money for your journal?

2) Can zakat be given to a poor person desiring to perform Umra?

3) Can zakat be given to a close relative who is a widow and does not earn anymore due to health problems but gives zakat herself on her jewellery? Incidentally, her relatives give her money every month for her house rent.

4) Can zakat be given to needy Christians?

Answers

Before I answer your questions, some basic premises about zakat need to be understood.

Zakatis the only tax an Islamic government can impose upon its Muslim citizens. It is not merely a charity fund but can be spent on the collective needs of the people as well: The zakat money can be used to pay the salaries of government officials including that of the head of state, to build all works of public interest, to cater for defence requirements and to establish an Islamic system of Insurance. In short, the system of zakat envisaged by the Qur’an and Sunnah totally meets the requirements of running a welfare state. Unfortunately, the true concept of zakat has, over the years, altogether vanished from our religio-political scenario.

The following Qur’anic verse spells out the heads under which the zakat fund can be expended:

Zakatis only for the poor and the needy, and for those who are ‘amils over it, and for those whose hearts are to be reconciled [to the truth], and for the emancipation of the slaves and for those who have been inflicted with losses and for the way of Allah and for the wayfarers. (9:60)

A brief explanation of these heads follows:

1) The Poor and Needy (Fuqara andMasakin): The poor and the needy are the foremost recipients of zakat because they are the primary responsibility of the state. It must cater for their basic needs like food, clothing, shelter, health and education.

2) The ‘A^milsover Zakat(`amilina `alayha): Under this head, the salaries of all employees of the government including the head of the state can be paid.

3) Those whose hearts are to be reconciled (Muallafatu’l Qulub): Under this head come all forms of political expenditure in the interest of Islam. There are may be many instances, when the affection of certain influential people must be obtained, particularly in border areas where their role can be decisive in the safety of a country. During the time of the Prophet (sws) many tribes were given money under this head to deter them from harming the newly founded Islamic State.

4) Slaves (Riqab): The institution of slavery was totally eliminated by Islam fourteen centuries ago. From this particular head money was given to free slaves. Today, by analogy, this head can be extended to include other recipients. For example, prisoners of war and other prisoners who are unable to pay the fine imposed by the courts can be freed by giving money through this head.

5) Those inflicted with losses (Gharimin): Under this head, an Islamic system of Insurance can be established and all those who are inflicted with economic losses can be compensated. Whether rich or poor the real criterion is that their means of living and its role in the national economy have been destroyed. People who have acquired a loan and are unable to pay it back may also be helped from this money so that they may start afresh and the society can benefit from their abilities.

6) In the Way of Allah (FiSabilillah): Under this head, all kinds of expenditures which serve the cause of Islam like defence requirements, religious propagation, educational institutions, mosques, libraries and hospitals can be built.

7) The Wayfarer (Ibnu’l sabil): This implies the welfare of the wayfarer. Circumstances often make a traveller a needy person, in which case, his needs can be fulfilled from this head. Also roads and bridges can be constructed.

Keeping these details in consideration, the answers to your first three questions is in the affirmative.

It is also evident from the verse quoted above that the Qur’an does not discriminate between the recipients of zakat on the basis of their beliefs or religion. Consequently, the answer to your fourth question is that you can give your zakat money to Christians.

 

Following one Madhab

 

Question: Should a Muslim follow one madhab strictly?

Answer: This is not necessary at all. Whenever you see a difference of opinion between two madhabs, study the reasoning of both and adopt the one you find as more convincing to your intellect. A person should entirely base this acceptance on reasoning and not on desires. The greatest judge of this is one’s own conscience. If you accept a point of view because it would be easy to follow, in spite, of being intellectually convinced against it, then this, certainly, is not the right attitude.

Also, if a person is not a religious scholar, he should refrain from forming his independent opinion. He  should only select between the existing ones.

 

 

Early Burial, Dissecting Dead Bodies

 

Question: In Islam, is one is supposed to bury the dead body as soon as possible? In order to become a doctor, the students have to dissect the human body. Is this allowed in Islam or not?

Answer: Yes, the Prophet (sws) has directed the Muslims to burry their dead as soon as it is possible for them. When the Almighty has ordained death for a person and decided that he should no longer remain in this world then it is only proper to show haste in submitting to His will by consigning the dead person to the grave as soon as possible. Besides, needless delays in burials cause tension and difficulty for the family of the deceased.

Using a person's dead body after his death whether for educational purposes or for humanitarian purposes (eg organ donation) is alright if the said person in his own lifetime has willed it so. It is not proper to use the dead bodies which are left uncollected from the mortuary, as, I believe, is generally the case. Some missionary doctors should come forward to serve the cause of medical education and donate their bodies for these purposes.

 

The Significance of Dajjal

 

Question: Who or what is the ‘Dajjal’ and what is its significance in Islam? Is it mentioned in the Qur’an? Please quote the surah and verse number.

Answer: The word ‘al-Dajjal’ in Arabic is an adjective and means ‘The great deceiver’. It is not mentioned in the Qur’an. It finds mention in a number of Ahadith of the Prophet (sws) which state the signs of Qiyamah. According to these Ahadith, the appearance of al-Dajjal, is one sign, among many others, which will signal the end of this world. Such prophecies are generally set in symbolic form and their real connotations only become clear when they actually appear.

The purpose of all these signs is to put people on constant vigil against indifference to a great event.

 

Shortening of Prayers

 

Question: Since the hardships of travel are no longer the way they used to be in the Prophet’s time, are we still allowed to shorten our prayers? If yes, then after what distance? By how many rak‘ats? Why has this directive not been adapted to the passage of time?

Answer: As a principle, it is true that all directives which are conditional, do not apply in circumstances in which the conditions no longer exist. The directives which pertain to shortening of prayers in travel are conditional to the feeling of unease and discomfort a traveller experiences in his journeys.  This, of course, may be relative and different for different sorts of people as well as for different forms of travel. In spite of better travelling facilities, a traveller may still feel the discomfort and uneasiness which is associated  with travel. Besides, comfortable travelling is still not affordable to many. Similarly, a traveller may feel very fresh in a relatively hard and long travel.

Consequently, if, after travelling -- whether through tough means or comfortable ones -- a person feels as if he is at home, it is not obligatory for him to shorten his prayers. Because of variety and difference in human temperament, the distance after which this rebate can be benefited from has not been fixed. It is left to the traveller to judge for himself.

As far as the shortened rak‘ats are concerned, they are clearly specified by the Sunnah. The faraid of Fajr and Maghrib prayers, being already small in number are not shortened, while in the three remaining prayers they are reduced to two.

 

Women as Head of State

 

Question: Can a Muslim lady be the head of an Islamic State? If yes, under what circumstances?

Answer: Legally, every person (man or woman) who holds the mandate of the majority has the right to form the government in an Islamic state.

However, the qualities Islam positively wants to see in a head of state  show that only certain men -- not every Tom, Dick and Harry -- should ideally be selected for this great responsibility. According to the Qur’an, the person who is elected as the head of state should have a commanding and an awe-inspiring personality and should be distinguished in integrity, wisdom  and intellect. These qualities have, therefore, been cited by it as the real reason for the nomination of T~alut(Saul) for the supreme leadership of the Israelites:

Indeed, Allah has chosen him to rule over you and has gifted him abundantly with knowledge and physique. (2:247)

It is evident from this that such elements are not suitable to head an Islamic State who lack intellect, wisdom and masculine attributes; who instead of being venturesome and enterprising are passive and receptive by nature, and who instead of influencing others are more liable to be influenced.

The reason for this is that the ruler of an Islamic State is not one who only heads them, he also leads the believers in Prayers, H~ajjand Jihad. Moreover, he is like a father to his nation, and a model and a guide for them. He is the voice of their conscience and a representative of their ideology -- someone in whom their sense of honour is personified. It is vital, therefore, that he be someone who instead of delicacy has the ability to take the initiative and who instead of resignation and tenderness possess resolution and tenacity.