Browsing Posts in Issues Facing Muslim Minorities

Question: I have a question about inheritance. One day I went to the bank with my father an he was opening up an account, the man asked him who do you want your money to goto in case you passway. He pointed to me and said my daughter. Is this my money or is it included in the inheritance.

Answer:

All praise is due to Allah.

It is not allowed for a father to bequeath certain parts of his inheritance to one or more of his relatives. The Prophet, sallallahu alayhi wa sallam, stated: “la wassiyata lil warith”, “There is no bequest to an inheritor.”

Rather, the distribution of wealth must be in accordance to Islamic Law. Allah says regarding the inheritance, “It is an obligation from Allah.” There are fixed portions assigned to each of one’s close relatives and rules of how the inheritance is distributed.

The father may give 1/3 of his inheritance to charity or to someone who will not normally inherit. As for this bank account, you should only gain from it what is part of your allotted share.

May Allah most high reward you with goodness.

Wassalam,

Question:
What is the ruling on celebrating or sending good wishes in new year of lunar calendar?

Answer:

Alhamdulillah, the Islamic calendar reminds us of our connection to our
Islamic history and identity. The Ulema did not reject the concept of
remembering the Islamic new year, but at the same time it is not
reported from the pious predecessors that they exchanged greetings on
this date. The preferred opinion is that one should return the
greetings of others on the Islamic New Year, but it is not legislated
to initiate such greetings since this ritual is not based on evidence.

Allah knows best.

Question:

Is it allowed for a Muslim woman to have a male physician, nurse, etc deliver her baby?

Answer:

All praise be to Allah.

I pray that you are well and that Allah accept from our righteous actions.

The Ulema state that women receiving medical attention should be treated by Muslim female doctors and nurses. If this is not possible, then non-Muslim female doctors or nurses should be sought. If this is not available, then a Muslim male doctor should be sought. Finally, if none are available, then a non-Muslim male doctor or nurse is permissable.

This is due to necessity. Care should be taken to only uncover the parts of the ‘aura (private area, anything other than hands and face) that are necessary for treatment, and only for the duration of time needed.

A male doctor (whether Muslim or not) should never be alone with a female patient, rather a relative should always be present.

Male nurses, helpers, etc, that are not needed for the medical treatment should not be present when the ‘aura is uncovered.

Once the necessity has passed, matters return to their original ruling, and the ‘aura should be guarded from uncovering.

In the case mentioned, if no female doctors are available, as is often the case, then there is no harm in a male doctor doing the delivery.

The fiqh principle involved in such cases is: al mushaqqatu tajlib at tayseer (overbearing hardship brings ease) and ad durooraat tuqaddaru bi qadariha (necessities are limited by their extent).

As a side note, this issue highlights the importance of Muslim sisters advancing in the field of women’s medicine to fulfill this need of the Muslim community.

And Allah knows best.

Question:

Asak, It is really difficult to identify all the haraam ingredients in our common grocery items such as chips, cookies, cheese, seasoning, ice cream etc etc. Is there any authentic resource for muslims in the west, where we can verify that the products we are purchasing contain prohibited ingredients or not ?

Also to what extent should we be cautious about these ingredients ?

Answer:

All praise is due to Allah.

Determining the orgin of derived ingredients in food products is a common source of concern for Muslims. Many scholars state that impure ingredients that undergo a transformation, i.e. those that change into a new substance and new form, are no longer considered impure and become halal.

For example, when wine, which is impure, changes into vinegar, many scholars state that it has become purified.

What is of concern is the current state of the ingredients and whether they fall under one of the categories of food that are forbidden for consummtion.

This determination must not be done by a lay person; rather it is the work of the scholars who research these issues in depth and have knowledge of the Shari’ah. The Ulema should be the ones who clarify the ruling, and it is not permissable to speak about Allah without knowledge.

At the same time, one must respect the differences of opinion amongst the various schools of thought, and not become upset if another person is following an opinion given to him by a knowledgable scholar. It is possible that a difference of opinion exists over a particular ingredient (such as rennet, for example) just as differences exist in general between the four madhaahab.

Finally, it is important to ask the people of knowledge regarding what one eats just as it is important to learn about any other aspect of life and whether it is halal or haram, in order that one may avoid disobeying Allah by permitting what He has forbidden or forbidding what He has made permissable.

And Allah knows best.

Question:

Can you give Sadaqah / Zakat to non-Muslims even if they have no inclination towards being accepting Islam . They may not dislike islam but not interested in accepting Islam.

Answer:

All praise is due to Allah.

May Allah reward you dear brother for your question. One of the categories to whom we may pay our Zakah are those whose hearts are to be reconciled with Islam (al-mua’lafati qulubuhum).

The Fuqaha state that this category of people are either new Muslims who are yet to become firm in their faith, or non-Muslims whose hearts would be attracted to Islam if given this charity.

The determination of which non-Muslims should be given the zakah was generally made by the Caliph. Sayyidna Umar, may Allah be pleased with him, felt that the Ummah had become strong enough in his time that it was no longer needed to spend Zakah on this category.

Giving zakat or sadaqa to non-Muslims through food, etc can have a very beneficial effect of attracting them to the deen.

In all cases, Zakah or Sadaqah should not be given to those who will use it to disobey Allah or to advance the cause of disbelief.

And Allah knows best.

Question:

If there is no imam, can anybody give khutbas and lead
prayers, though they are not fit for it?

Answer:

In khutbas, one must always relay the knowledge one learnt from
the people of knowledge before us, not anything new. If a khateeb
does that, relay the knowledge, not say anything new, it is sufficient.
This also goes for the “imams”. They must convey the deen of Allah, ie
what they learnt from the ulema before them going to prophet Muhammed,
may Allah’s peace and blessings be upon him. It is not appropriate for
anyone to say something new.

It is also incumbant on every community to have a knowledgable imam,
so that they can learn the correct teachings of Allah’s religion,
and not follow personal opinions, but instead follow the way of prophet
Muhammed, may Allah’s peace and blessings be upon him.

–Shaikh Sajid

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