al farouq vol 4 no 10

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10 PAGE 1

TOPIC PAGE

Hanafi Zakaat QA 2

Hanafi Fasting QA 3-5

Aafiya’s Pain 7-8

Martyred for Hijab 9-10

Zakaat and Feed-ing Schemes

10

Zakaat on Stock, Gold and Silver

11

Shafi QA 11

Volume 4, Issue 10 RAMADAAN 1430 / SEPTEMBER 2009

Another sign of decadence in Mus-

lims belief is the new nonsense that

some people have latched onto, the

heretic idea of following “The

Creed of Abraham” at the cost of

dispensing with Shariah. Some

Muslims are saying they follow the

creed of Hazrat Ebrahim (alayhis-

salaam) not the Shariah of Hazrat

Muhammad (sallallahu alayhi wa-

sallam). Let it be emphatically

stated that such a belief renders one

outside the fold of Islam. This is

akin to saying that one follows

the Shariah of Eesa (alayhis-

salaam) or Moosa (alayhis-

salaam) and not the Shariah of

Muhammad (alayhi-salaam). Is

their any doubt in the kufr of such

a person? A Muslim who pro-

fesses belief in any creed or faith

other than that of Muhammad �

has without doubt, become a mur-

tadd and is absolutely out of the

fold of Islam. This new-found

(Continued on page 5)

In The Name of Allah, Most Gracious, Most Merciful

TTTT he Muslim Ummah has once again been blessed with the August and Auspi-

cious Month of Ramadaan. It is only the Infinite Grace and Eternal Mercy of Allah Ta’ala, that he al-lows his servants to annually bene-fit from the Blessings and Spiritual Effulgence of Ramadaan. When the Month of Ramadaan arrives, it b r ings wi th i t Maghf i rat

(forgiveness from sin) Rahmat

(Mercy), Freedom from Jahannum, Admission into Jannat, increase in rizq (sustenance), closeness to Al-lah Ta’ala, Roohaani (Spiritual) vitality, and strengthening of ie-

maan. During Ramadaan Muslims become more attached to their Deen and their Quran, and the urge

to perform good deeds is domi-nant in their lives. No Muslim with the least iemaan will fail to be affected by the Divine Munifi-cence that pervades every mo-ment of this wonderful month. However, to fully realize our spiritual potential and ability in this month, and to really reap the fabulous rewards of Ramadaan, we need to fulfil its rights.

THE HUQOOQ OF

RAMADAAN Ramadan has prescribed huqooq (rights) over every Muslim, male or female, child or adult. If these rights are violated or neglected, the individual fails to achieve the

immense benefits of this month. Sometimes we wonder why people go back to their old ways after Ramadaan, or become worse after Ramadaan than what they were before, or remain in the same spiri-tual frame without an iota of change. This state of affairs can be attributed to failure to fulfil the Rights of this month, or total aban-donment of these rights. Abu Saeed Khudri (radhiyallahu anhu) reports that The Messenger of Allah � said: “He who fasts in

Ramadaan, recognizes its limits,

and safeguards that which has to

be safeguarded of this month, it

(Ramadaan) will wipe out all past sins.” (Durr-e-Manthoor, from

Bayhaqi) In the words of another hadith, the person emerges like a new born baby. This underscores the potent cleansing power of Ramadaan, and the tremendous



With the approach of Ramadan

many Muslims will be paying out

their zakaat, either in the Month of

Ramadan or after. We will, there-

fore, reproduce some of the ques-

tions on zakaat that had come in

thus far, along with the answers.

QQQQ : Can zakaat be given to one’s

wife?

AAAA : No, zakaat may not be given to the wife.

QQQQ : I am in the process of calcu-

lating my zakaat. My hus-

band has many debts. Can I give

him my zakaat?

AAAA : A wife may not give her za-kaat to her husband.

QQQQ : I have mentally retarded

child. Can I use my zakaat to

pay for his medical bills?

AAAA : Parent’s may not give their zakaat to their children. In this

case you cannot use zakaat to pay for your child’s medical expenses.

QQQQ : Is zakaat payable on one’s

share of inheritance that was

acquired just a few weeks ago?

AAAA : If one has inherited cash, gold, silver, or stock then za-

kaat must be paid on that share by adding its value to existing zakaat-able assets. This share will be in-cluded in the rest of one’s zakaat. However, if one is not a zakaat payer and has no other zakaat to pay then zakaat on a share of inheritance is not waajib immediately. Zakaat on such assets is only payable after one Islamic year from the time those as-sets came into one’s possession. If one inherited a share in property then zakaat is not payable at all. Be-cause there is no zakaat on property.

QQQQ : Can I give Zakaah money

towards a house being built

for the Muazzin on the Jamaat

Khana or Musjid ground?

FURTHER LAWS ON ZAKAAT

1. Zakaat is not payable on machinery, equipment, tools, implements, etc. even though these are utilized in manufacturing, farming, or any other trade.

2. Zakaat may not be given to non-Muslims, and may not be given towards the costs of building a Mus-jid, Madresa, orphanage, or any similar structures.

3. If one does not have the cash money to pay the entire zakaat amount im-mediately, it can be paid off gradually. But one should finish payment before the next year is up.

AAAA : Zakaat may not be used for the building of a musjid,

madresa, or similar Islamic pro-jects.

QQQQ : Is it permissible to give za-

kaah to an organization that

will distribute in the form of gro-

cery hampers, or should cash be

given?

AAAA : It is permissible to give za-kaat to this organisation be-

cause zakaat can be distributed in cash as well as in the form of gro-ceries.

QQQQ : Some organisations pay

their workers from zakaat

money. Is this valid, and will our

zakaat be discharged if we give it

to such an organization?

AAAA : It is not permissible to pay

salaries for workers from za-

kaat funds. If it is ascertained that

an organisation does this, zakaat

should not be give to such an or-

ganisation, for then zakaat will not

be discharged.

QQQQ : Can I use Zakaah money

to sponsor Iftaar meals for

Muslim university students?

AAAA : Zakaat money may not be used for this purpose. See a

separate article on using zakaat money to feed people elsewhere in this publication.

QQQQ : When giving zakaat to

someone is it necessary to

tell that person that it is zakaat

money?

AAAA : It is not necessary to inform the recipient that the money

being given to him is zakaat. What is necessary is to have the intention of zakaat in the mind at the time of handing over the money, regard-less of what is told to the recipient. �

AlAlAlAl----Farouq Farouq Farouq Farouq Q & A PO Box 4280, Korsten 6014,

Port Elizabeth, South Africa

Fax: (041) 4571326 Email: [email protected]

SMS: 084 574 98 91 www.pedarululoom.blogspot.com

www.askmufti.co.za

Zakaat Nisaab R2635.96

Mehr-e-Fatimi R6589.96

Minimum Mehr R131.80

Shafi Fitra R25

Shafi Fidya R12

Hanafi Fitra R10

Hanafi Fidya R10

11 Ramadaan 1430

1 September 2009

ISLAMIC INDICATORS


QQQQ : If you break your fast for

no valid reason what is the

payback?

AAAA : The compensation for break-ing a fast of Ramadaan for no

valid reason is one qadhaa and 60 days of consecutive fasting after Ramadaan. In addition to this one must make a lot of taubah or repen-tance and beg Allah for forgive-ness.

QQQQ : Does the use of an air

freshner that you spray

break the fast? What if someone

sprays it and you go there after

sometime and you get the scent.

Does the fast break?

AAAA : When an air-freshener is sprayed, the contents immedi-

ately evaporate in the air, leaving behind nothing but a fragrance. This will not break the fast.

QQQQ : Does the insertion of a dry

tampon nullify the fast?

AAAA : Though inserting a tampon is not permissible unless the

woman has valid reasons for this, it will not break the fast.

QQQQ : A woman was listening to

the receiver and broke her

fast when the Moulana read the

dua for iftaar. But the dua was

read two minutes before the ac-

tual time. Is her fast still valid?

AAAA : The fast of this lady has been nullified for she broke it

before time. She is obliged to keep a qadhaa after Ramadaan.

QQQQ : Can a man kiss his wife

while fasting?

AAAA : Kissing the wife while fast-ing is permissible. However,

for one who is unable to control his desires to do so is makrooh, for this might lead to an act that nullifies the fast.

QQQQ : In taraweeh salaah can

women follow the men in a

separate room and can we read

behind non-mahrams?

AAAA : Women may not follow a jamaat that is in a separate

room. For the jamaat to be valid all muqtadees must be in the same room. It is not permissible to read behind non-mehrams. If the jamaat consists of mehram and non-mehram males then the females may follow provided a screen separates them. Also note that this applies to the Taraweeh congregation that takes place at home. It is not permissible for females to attend the musjid for taraweeh salaah.

QQQQ : Does slime accumulating

in the mouth and throat

due to flu break the fast if it

goes down the throat?

AAAA : Swallowing slime does not break the fast.

QQQQ : If a fasting person swal-

lows phlegm, will his fast

break?

AAAA : Likewise, swallowing phlegm does not break the

fast.

QQQQ : I take an injection that

my gynaecologist gives me

because I have a problem with

my womb. This injection is sup-

posed to keep my menses away.

However, I have breakthrough

bleeding for a day or sometimes

2 or 3 days. What do I do in

regards to salaah and fasting?

AAAA : If the bleeding continues for three days or more then

you must consider that as haidh (menses). Consequently, you will not read salaah or fast. But a flow of less than three days is not re-garded as haidh.

QQQQ : Does breastfeeding break

your fast and if so why?

AAAA : Breastfeeding does not break the fast.

QQQQ : If a woman's haidh

(menstrual bleeding) starts

in Ramadaan after 12pm, does

she break her fast immediately

or wait until iftaar?

AAAA : In this case it is preferable that she waits till iftaar before

taking any food or drink.

QQQQ : During a nafl fast a

woman’s haidh commenced,

so she broke the fast. Must she

keep qadha of that fast?

AAAA : Once a nafl act of worship is begun, it becomes neces-

sary to complete it. If the nafl fast was broken due to haidh, she must keep the qadhaa of that fast after Ramadaan.

QQQQ : Is it permissible to apply

Vicks into the nostrils while

fasting?

AAAA : Applying vicks to the nos-trils during fast is permissible.

This does not break the fast.

QQQQ : Does one have to read Tas-

miyya loud before surah

Baqarah? And what if it wasn't

read then?

AAAA : It is necessary to read Bis-millah aloud at least once dur-

ing the Taraweeh khatam. If this is not done then the Quran of the mu-qtadees will not be complete. How-ever, the tasmiyah could be ren-dered before any surah. If it was not read before Surah Baqarah, it should be read later during the ta-raweeh before any Surah.

QQQQ : While fasting I need a

ghusl but am afraid water

will go down my throat so I don’t

let water go near the throat. Is

ghusl valid?

AAAA : When having a faradh ghusl whilst fasting, one does not

need to gargle the mouth. Rinsing the mouth is sufficient and the ghusl will be valid.

QQQQ : If wudhu breaks while

reading witr do we have to (Continued on page 4)


repeat the whole taraweeh?

AAAA : Only repeat the witr salaah; the taraweeh is valid.

QQQQ : If insecticides were

sprayed on the streets and I

smelt a bit of it, is my fast valid?

AAAA : In this case the fast is not broken. Merely smelling

something does not break the fast.

QQQQ : After iftar I felt a bit tired

and fell asleep because I am

diabetic. I only made my Esha

and Taraweeh after midnight. Is

the salaah accepted?

AAAA : Your Esha and taraweeh are valid and accepted, insha-

Allah. The time for taraweeh lasts right up till sehri.

QQQQ : If the hafiz reciting Ta-

raweeh as Imam says ‘no’ in

Salaah and repeats the ayah,

does he have to repeat the rakats

or that part again?

AAAA : Uttering a word in salaah that is not of the salah, ren-

ders it null and void. When the Imam said aloud ‘no’, the salaah broke. The two rakaats as well as its qiraat had to be repeated. If this was not done the same night, then there is no qadhaa of the rakaats later. But the qiraat has to be re-peated the following night. And Allah knows best.

QQQQ : Is it allowed to use eye

drops whilst fasting? The

reason I’m asking is because of

getting a bad taste in my mouth

after using them.

AAAA : Applying medicine to the eyes while fasting is allowed.

This does not nullify the fast.

QQQQ : If a lady is 3 months preg-

nant does she have to fast?

AAAA : A pregnant woman is not exempt from fasting, unless a

Muslim gynaecologist advises the mother that fasting will cause seri-

(Continued from page 3) ous complications to her fetus. In that case she is allowed to miss out the fast and keep the qadhaa after Ramadaan. Some Muslim gynaecologists advise their pa-tients not to fast during the first 12 weeks of pregnancy, for this is the formation period of the fetus. Thereafter the expecting mother can continue with her fast.

QQQQ : Must I pay fidya if I

don't fast due to preg-

nancy?

AAAA : As explained above, not every pregnant woman is

exempted from fasting. Preg-nancy is not a concession that allows the female to miss out the fast. If she has a valid reason, she may skip a few fasts, but then after Ramadaan she must keep the qadhaa of all fasts missed. There is no fidya when one is able to keep qadhaa.

QQQQ : Will a person’s fast break

or is it makrooh if he

steams his face? This is done to

clear his nose due to cold/flu.

AAAA : Steaming the face entails inhalation of water. This

will certainly break the fast.

QQQQ : Is it permissible to use a

Vicks inhaler during the

fast?

AAAA : Use of the Vicks inhaler will not nullify the fast.

QQQQ : When a person has an

MRI scan done then a dye

is injected into the body. Does

this break the fast?

AAAA : The dye is injected via the veins, and any type of injec-

tion will not break the fast. So it will be permissible to have this scan during the fast.

QQQQ : If one uses a nasal spray

while fasting, is the fast

broken?

AAAA : Using a nasal spray will break the fast.

QQQQ : If a drip is ministered to a

patient while he is fasting,

does the fast break?

AAAA : This will not break the fast. A drip is an intravenous

method of introducing substance into the body, like an injection. It does not break the fast, regardless of what type of drip is used.

QQQQ : I own a takeaway and in

Ramadaan some Muslim

customers purchase food to eat at

the shop saying they are

musaafir or sick. Should I allow

them to eat in the shop?

AAAA : You should not allow Mus-lims to eat at the shop in the

day during Ramadaan. Even if they are musaafirs, respect for the month demands that one should not eat in public.

QQQQ : When making wudu while

fasting and water goes up

the nose will the fast break only

if water is felt in throat? Also will

the fast break if water goes

through the nose to the head and

how must one determine if water

reached head?

AAAA : If water is taken up through the nostrils, the fast will

break. A sign of this is that one will get a funny feeling in the upper part of the nose and the forehead. This indicates that water has gone up into the head and maybe even down the throat.

QQQQ : While lying down I had a

burp and felt some taste in

throat. Is the fast valid?

AAAA : The fast is valid. The mere taste of something will not

break the fast.

QQQQ : If one vomited a little then

swallowed it back, does the

fast break? (Continued on page 5)


AAAA : Swallowing vomit that came into the mouth will break the

fast.

QQQQ : Is it permissible to read

taraweeh Salaah in 4's like a

normal 4 sunnat?

AAAA : To do so is permissible for followers of the Hanafi math-

hab only.

QQQQ : Will swallowing of mucus

break the fast?

AAAA : Swallowing of mucus will not nullify the fast.

QQQQ : I had my haidh and made

ghusul before zawaal. I

heard you can fast. And I fasted

without having sehri. Must I

make a qadhaa fast for this day?

AAAA : If a woman becomes clean from haidh at any time after

sehri, she cannot fast for that day. Qadhaa must be kept afterwards.

(Continued from page 4) Had her haidh stopped before

sehri, then she could have made an intention to fast.

QQQQ : If blood is withdrawn

from arm or sugar is

tested by pricking finger is the

fast still valid?

AAAA : Removing blood from any part of the body does not

break the fast.

QQQQ : Can one use a mouth-

wash while fasting?

AAAA : Using a mouthwash is per-

missible while fasting, but

makrooh. Also note that some

mouthwashes contain alcohol, so

that will not be permissible to

use.

QQQQ : Is it permissible to dilate

the eyes while fasting by

an optician?

ideology is a direct result of people

attempting to interpret The Holy

Quran according to their own

whimsical understanding. In the

last issue of Al-Farouq we high-

lighted the dangers of self-

interpretation of Quran, and the

fitnah that arises from drawing un-

educated and ill-conceived infer-

ences from the verses of Allah

Ta’ala without professional guid-

ance

The concotors of this false belief

fell into manifest error when they

misinterpreted the term Millat that

appears several times in The Quran

and Hadith. For example, Allah

Ta’ala says: “And follow the Mil-

(Continued from page 1) lat of Ebraheem, pure in Tau-

heed.”

According to all the commenta-

tors of The Holy Quran, the mil-

lat of Ebraheem (Alayhis-salaam)

refers to the Pure Tauheed that he

practiced; a tauheed that es-

chewed all forms of idolatry and

polytheism; a conviction in Al-

lah’s Oneness that was unprece-

dented. Our Rasool � was com-

manded to follow this Tauheed,

and so was his Ummat. However,

as far as Shariah is concerned,

Hazrat Muhammad � was

blessed with the final and su-

preme Shariah that is enshrined in

The Book of Allah and Sunnah of

His Rasool. Hence Almighty Al-

lah states in Surah Jaathiya, verse

18: “Then We established you on

a Shariah in religious matters, so

follow it and do not follow the de-

sires of those who are ignorant.”

This Shariah comprises laws, rules,

and regulations, that govern every

facet of our lives as Muslims and

followers of Hazrat Muhammad �.

Our tauheed is rooted in the One-

ness practiced by Ebraheem

(alayhis-salaam); this tauheed re-

mained unadulterated over the cen-

turies. But the Shariah by which we

are bound is that of Hazrat Mu-

hammad �. Our Rasool � said: “I

swear by The Being who controls

my life, If Moosa (alayhis-salaam)

was alive, he would have no choice

but to follow me.” (Narrated by

Ahmad and Bayhaqi) �

AAAA : Yes this is permissible. The

fast will not break.

QQQQ : If a female has a pap

smear during Ramadaan,

does the fast break? Is ghusl

fardh upon her?

AAAA : Having a pap smear while

fasting will break the fast but

ghusl is not fardh.�

AlAlAlAl----Farouq Farouq Farouq Farouq Q & A PO Box 4280, Korsten 6014,

Port Elizabeth, South Africa

Fax: (041) 4571326 Email: [email protected]

SMS: 084 574 98 91 www.pedarululoom.blogspot.com

www.askmufti.co.za


abstain from back-biting, lies, scandal-mongering, and futile talk. Abstaining from these also repre-sent fulfilment of the rights of Ramadaan. There are many youth who idle away the priceless moments of Ramadaan by indulging in com-puter games, TV games, and other forms of play and entertainment. Even the nights are spent in this fashion, whereas some Ulema have mentioned that the nights of Ramadaan are greater than its days because of the announcements made from sunset to dawn, as men-tioned in earlier. We, therefore, appeal to Muslims to respect the sanctity of Ramadaan and observe its rights. More than a third of the month has already elapsed. Soon the Ramadaan of 2009 will be history. Shall we not exercise that sabr, even by consol-ing ourselves with the idea that the month will soon end and we can then go back to our ‘normal’ way of life? At least this thought should encourage us to do whatever good we can while the holy days are still with us. May Allah guide us all to His Pleasure, aameen. �

spiritual revitalization that it cre-ates within the Muslim. But such benefits only come when one has recognised the limits and restric-

tions of the month, and has safe-

guarded its rights. To achieve this is not a monumental task at all, given the favourable climate and benign atmosphere for good that Allah Ta’ala has ordained in Ramadaan. It only needs a little bit of sacrifice from the side of the individual. The moments of Ramadaan have been infused with such amazing blessings, that makes the doing of good very easy. All that is required from our side is a little bit of sacri-fice. Unfortunately, it seems that some Muslims are not prepared to make even a minuscule effort to-wards good in this month. It ap-pears that we are not giving our-selves a chance to imbibe the spiri-tual blessings in this month. Those who were in the habit of watching television are not pre-pared to give up this past-time even in Ramadaan. While others are per-forming Taraweeh in the musjids, some are busy watching their fa-vourite programs. Some Muslims will cut down on the films and other programs, but just cannot resist the temptation to watch TV sport. This futile past-time has overtaken our hearts to an extent that it has even overwhelmed the love for Allah and desire for good. Others cannot give up their haraam association with females in this month, albeit on a lesser scale The chat-rooms are still abuzz, even in Ramadaan, with Muslims commu-nicating with the opposite sex. Some with a little bit of iemaani shame will not meet their haraam partners, but will still communicate via text messages or email. One

(Continued from page 1) wonders how can the fast and other acts of worship rendered by such people ever be accepted? How can one enjoy the spiritual ambience of Ramadaan, whilst involved in such haraam? How does a Muslim who is in-volved in an illicit relationship execute true acts of worship in this glorious Month? This is total violation of the rights of Ramadaan. Can’t our Muslims make at least the minimum sacri-fice to shun evil and worldly pleasures in this month? If not now, in Ramadaan, when ever? Every night of Ramadaan, from sunset to dawn, an angel an-nounces: “O Seeker of Good! Come forward! Or Seeker of Evil: Get Back!” This symbolic call urges the Muslim to seek good in this month and to desist from evil. Another extremely sad and de-moralising situation is the total neglect of fasting by some Mus-lims. Can one imagine a healthy, strong Muslim not fasting in Ramadaan? And the excuses ten-dered for this evil are so flimsy that one shudders to think how such Muslims will answer on the Day of Judgment, before Al-mighty Allah. Rasoolullah � said: “Allah has

made compulsory the fast of

Ramadaan, and I have made sun-

nat the salaah (at night, i.e. Ta-

raweeh). He specifically men-tioned the taraweeh salaah as a fixed and standard practice of Ramadaan. Yet Muslims are ne-glecting this ibadat on a large scale. Once again we have vio-lated one of the rights of this great month. An integral aspect of fasting is to

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Dr Aafiya Siddiqui cut a lone fig-ure as she slowly turned her head around to survey the packed court-room in New York a few days ago. With her sad brown eyes, she peered beyond her off-white veil and olive green jilbaab which cov-ered her frail body. May be she was looking for a friendly face, but with the excep-tion of one kind individual, she was to find herself completely alone - and not for the first time. The brutal truth is we Muslims - and I include myself in this - have once again abandoned her in her hour of need. With the exception of her closest family, Aafiya was almost com-pletely forgotten as the years rolled by following her kidnap and disap-pearance from Karachi in Pakistan in March 2003. Her cries for help from the dun-geons of Bagram, home to some of the most unimaginable cruelty, were ignored by her American tor-mentors. But the harrowing images and piercing screams of Aafiya, were eventually recounted by those who survived the Bagram experience. Aafiya was brought back into our conscious by ex-Guantanamo de-tainee Moazzam Begg. Through his book Enemy Combatant and from the graphic accounts of other Ba-gram survivors who also heard her screams and by the few who saw her there we now know the mother-of-three was brutalised and tortured in Bagram.

One account comes from ex-Guantanamo and Bagram de-tainee Binyam Mohammed who has given me an irrefutable eye witness statement confirming Aafiya was held in Bagram. We now know thanks to Binyam and other once lost souls, that Dr Aafiya Siddiqui is Prisoner 650, The Grey Lady of Bagram. And as we edged closer to the truth about her detention Aafiya suddenly reappeared in Afghani-stan where she was shot by US soldiers. The FBI concocted a story which fools no one but the US judiciary. Despite the platforms we have shouted from, the letters we have written and the petitions we have signed, she is still in the hands of her tormentors. And those Americans who are clearly responsible for her kidnap, torture, detention and shooting are hoping that we Muslims will eventually run out of energy and lose interest in the plight of Aafiya once more. And shame-fully, they’ve just about got their wish. As Aafiya interrupted court pro-ceedings to firmly reject govern-ment allegations that she tried to kill American soldiers and FBI agents in Afghanistan, very few listened. “I did not shoot anybody, and I did not fire at any body,” Dr Sid-diqui, 37, told the District Court, which was holding the hearing to determine whether she is compe-

tent to stand trial. Government psychiatrists claim she is faking symptoms of mental ill-ness in the hope of avoiding a criminal trial set for in October. But for this one account below, Aafiya’s court appearance would have gone unrecorded. I want you to read his words, and be thankful there is still someone around who will stand up and de-fend his sister.

“Today, when Sister Aafiya came

and sat covered in her off-white

veil and a olive green jilbaab that

covered her whole body except for

her eyes, she turned back to see a

court room filled with non-Muslims

and only one Muslim. She glanced

once past me and returned for a

second look. Perhaps I was the

only face she felt was not in there

to harm her. That is how she feels

towards everyone else including

her own defense attorneys.

“As the proceedings went on, she

broke her silence as well as the

court rules and spoke in her own

defense saying she never shot any-

body, nor is she against America.

America has been framed in a war

because of a misunderstanding.

She has knowledge of those who

caused it and this knowledge she

has is the reason that all this has

happened to her, because they

don't want anyone to believe what

she has to say about them."

“She also complained about physi-

cal harm as recent as THIS

MORNING in the form of ‘forced

gynecological exams ordered by


The harrowing images and piercing screams of Aafiya, were

recounted by those who survived the Bagram experience


the court’ that left her ‘aching all

over.

“Today's hearing was in order to

determine whether she is fit to

stand trial or not. While both sides

argued back and forth, Dr. Aafiya

broke in from time to time to cor-

rect misleading statements from the

witnesses saying ‘I want the world

to know this’ after she corrected

t h e f a l s e i n f o r m a t i o n .

“One such outburst from her re-

sulted in the judge being forced to

break for 5 minutes so the defense

is able to calm her down. When she

came back, she said ‘this court is

the worst court ever’. At one time

she told the judge that she wanted

to relieve her attorneys but the

judge didn't take her seriously and

asked the attorney speaking at the

time to continue speaking.

“It's funny that the hearing is to

determine whether Dr. Aafiya Sid-

diqui truly understands and com-

prehends what she says, but when

she said I want to relieve my attor-

ney now, the judge reacted as if she

doesn't understand what she is say-

ing and is psychotic. If that is the

case then why not approve the de-

fense's motion that she is in fact

psychotic and as a result the case

should be dismissed and she should

b e g i v e n m e d i c a l h e l p ?

“We have 56 or so Muslim coun-

tries in the world but one Aafiya

Siddiqui who has 5 years of her life

(Continued from page 7) declared "missing" sat in her

chair surrounded by non-

Muslims, sympathetic and non

sympathetic HELPLESS.

“No one from the Muslim leaders

is able to pick up the phone and

give a stern notice along the lines

of ‘hands-off Afia Siddiqui’. Per-

haps this is because many of them

are oppressors and crooks them-

selves, and if they say something,

Americans will put them in their

lowly place by reminding them of

what the leaders themselves have

done.

“It truly saddens my heart to see

the helplessness of the Muslims

that such an egregious thing is

happening but no one who has

power can take a stand against it.

(Muslims in America pave the

power to do something about

this; the only question is, will we?

Time will tell. - MS).”

I really don’t know who is MS, but I am eternally grateful to the brother for being there for Aafiya, for standing by her while we have failed her so badly.

It is vitally important our dear sister knows that there are Mus-lims out there who do care for her and I would urge each and every one of you to write to her. Avoid sending anything too de-tailed or political, just a little note or card to let her know we are

standing by her.

And to those Muslim brothers and sisters in New York, I beg you please do all that you can for Aafiya.

New York is home to 1 million Muslims and more than 100 mas-jids. This is the city where Ta-bleeghi Jamaat has strong footings, where Salafis and Sufis are active. This is the city where Shias have their huge centers and where Paki-stani Americans have a population o f m o r e t h a n 3 0 0 , 0 0 0 . Despite this only one brother showed up in court. Indeed the shame is on all of us. But it is not too late. Please, if you do nothing else today, do this ... send the sister a note, a card a letter and tell her she is not alone, that we will not abandon her, and that you love her for the sake of Allah Ta’ala for she i s o u r s i s t e r i n I s l a m.

Send your mail to:

AAFIYA SIDDIQUI #90279-054

MDC BROOKLYN

METROPOLITAN DETEN-

TION CENTER

P.O. BOX 329002

BROOKLYN, NY 11232

AMERICA

For the full story of Dr Aafiya

Siddiqui http://www.cageprisoners.com/

articles.php?id=29714

Published by:Published by:Published by:Published by:

Darul Uloom Abu Bakr: Darul Uloom Abu Bakr: Darul Uloom Abu Bakr: Darul Uloom Abu Bakr: 240 Haworthia Drive, Malabar, Port Elizabeth � PO Box 4280, Korsten, 6014, PE Tel: 041 457 1501 � Fax: 041 457 1326 � Email: [email protected] � SMS Line: 084 574 9891

Web: www.pedarululoom.blogspot.com | www.askmufti.co.za

The harrowing images and piercing screams of Aafiya, were

recounted by those who survived the Bagram experience


T he brutal murder of 32-

year old Marwa EL-

Sherbini in a German

court, by a German savage seems

to have slipped by mainstream

media without even raising an eyebrow. Yet this was a typical case of religious terrorism that the West and its propagandist media so ardently condemn. Of course, by the rules of Western hypocrisy, the definition of terrorism depends en-tirely on who the victims are. For years now we have reminded readers of how cheap Muslim blood is in the eyes of the West. The barbaric slaying of this young mother is another ominous re-minder of this harsh and evil real-ity. Had the roles been reversed, with the victim being a white west-ern female and the killer a Muslim, the incident would have grabbed world headlines like never before. It would have been the sensational-ism that newshounds thrive on. Be that as it may, the tragic murder of 3-month pregnant Marwa remains a reality that cannot be reversed. We take solace in the fact that she died a Shaheed.

Inna Lillahi wa Inna ilayhi Ra-

ji’oon.

ANATOMY OF A CRIME

Report One: Marwa El-Sherbini (pronounced Ash-Sharbeeni) moved to Germany four years ago when her husband, Elwi Ali Okaz, an employee at the Institute of Genetic Engineering at Egypt’s Menoufia University, was granted a fellowship at the Max-Planck-Institut in Dresden. On Au-gust 21, 2008, El-Sherbini was spending the day with her then two-year old son at a playground in the

Dresden suburb of Johannstadt. An argument ensued between El-Sherbini, whose head was fully covered with a scarf, and a man passing by who had insulted her - calling El-Sherbini an “Islamist”, a "terrorist” and “slut." Angered by the incident, El-Sherbini filed an official com-plaint against the 28-year old man, referred to in public records as “Axel W”. The man, report-edly a Russian of German decent who immigrated to Germany in 2003, was fined 780 Euros ($1,100) by a local court for call-ing El-Sherbini a “terrorist." Re-cords indicate he had expressed his dislike of Muslims at his original trial. Axel W, however, appealed the fine, and a state court agreed to hear the case in Dresden in early July. Minutes before El-Sherbini was to testify at the hearing last Wednesday, “Axel W” attacked her inside the court room and stabbed her 18 times with a knife in front of her three-year old son. El-Sherbini died of her injuries on the court room floor. German prosecutors said that as El-Sherbini's husband came to her aid, he was also stabbed by the attacker and then shot in the leg by a policeman who initially mistook him for the attacker. He is now in critical condition in a German hospital, according to El-Sherbini's brother. Tarek El-Sherbini told an Egyptian televi-sion station, “They thought that as long as he wasn't blond, he must be the attacker so they shot him.” Prosecutors in Dresden have said

El-Sherbini’s killing was a racial hate crime. According to an Asso-ciated Press report, Dresden prose-cutor Christian Avenarius said that El-Sherbini’s assailer “was driven by a deep hate of foreigners” and that he “harboured a deep hatred of Muslims." Report Two: The appeal hearing started in the late morning of July 1, 2009. Eight persons were present in the court-room: a panel of one professional and two lay judges, the prosecutor, Alex W. as the defendant, his de-fence counsel, El-Sherbini as wit-ness for the prosecution, and her husband and son as members of the public. No security personnel was present and the pockets of persons entering the court building were not searched, as is usual in cases where no security problems are anticipated and no person under arrest is present After El-Sherbini testified, 28-year-old Alex W. leapt across the courtroom and attacked her in front of her husband and son. Alex W. stabbed El-Sherbini 18 times, killing her. Some witnesses allege that he shouted “You don't deserve to live” as he attacked her. A policeman who was in the court building testifying in an unrelated case was called to the scene and mistakenly wounded El-Sherbini's husband by a shot in the leg while the latter was attempting to protect his wife. He had already been criti-cally wounded in the attack by stabs to the lung and hip and was in a coma for two days Emergency services were called at 10:26 and four

ambulances were dispatched, but the victim died on the scene Alex W. was arrested on the scene and is


The true terrorists: Immoral opponents to Hijaab


being held on remand and investi-gated on a charge of murder. His trial is expected to be in late 2009 or early 2010. As of 11 July 2009 he had made no statement to inves-tigators

ANTI HIJAAB ATTACK Where, one wonders, are the fight-ers for justice, who could summa-rily mete out just deserts to this perpetrator of terror? This act of terrorism by the Russian-born Ger-man moron comes hot on the heels of another incident of religious big-otry in Europe, though not as disas-trous in its consequences: the French President’s attack on hijaab. In a display of uninhibited and in-tense hatred towards Islam, the French president Sarkozy brazenly and unashamedly attacked Islamic hijaab in public, making ill-conceived remarks that one can

(Continued from page 9) only expect from a man as im-moral as this Sarkozy drunk.

Hatred has spewed from their

mouths, and what the heart con-

ceals is far worse.( Al-Quran)

We will, insha Allah, refute the false notions of these ignora-muses, who vilify and reject the wonderful teaching of Hijaab. In a separate publication we shall prove conclusively that hijaab is the gateway towards restoring female honour. For the time be-ing, Muslims must realize that the only way to combat our antago-nists is to produce abundant a’maal. Practicing on our beauti-ful Deen is the most potent way of silencing our critics. The more they attack the Divine Teachings of Islam, the more we shall strive to revive those teachings on a universal scale. Our noble deeds will shout out louder than the ill-conceived remarks and ridicule

they heap on Islam. It, thus, follows, that when hijaab is being made the target of attack, our sisters should begin donning the hijaab in their thousands. Let our actions speak louder than protests. In fact, protests are useless if not backed by action. A Muslim can wage endless protest action, but in the eyes of Allah such action is futile when the Muslim himself or herself is guilty of neglecting the injunctions of Allah. Almighty Allah states in Surah Aala Imraan, verse 186: “You shall

indeed be tested with regards to

your wealth and your (own)

selves; and you shall certainly

hear a lot of hate speech from

those who were given the book

before you (Jews and Christians),

and from the idol-worshippers.

But if you adopt patience (by ig-

noring the hurt) and taqwa (by

practicing on your Religion) then

surely this ranks among the great

deeds.” �

containers, collect the food and take it home to eat. If this is done, the zakaat will be discharged for then the condition of tamleek or vesting own-ership would have been found. But if such zakaat-sponsored food is served at a venue to which the poor have been invited, and these poor will eat and go home, then the zakaat will not be discharged. The reason for the zakaat not being valid in this sce-nario is that no one has been made the owner of the food; instead people have been allowed to eat of the food. But none of the attendants actually takes possession of anything. There-fore, if this type of feeding scheme is operated then people should not use zakaat to sponsor the cooking. In-stead lillah funds should be used. The same applies to providing meals at the time of iftaar. All food is placed on the table-cloth iftaar time, while people sit around and eat. None of the poor is being made the

During Ramadaan many Islamic

organisations operate feeding

schemes for the poor and provide

meals for iftaar. Masha Allah, this is

a most laudable and commendable

effort. The Quran and Hadith prom-

ises great rewards for feeding the

poor. May Allah Ta’ala accept the

efforts of the individuals and organi-

sations involved in this noble work. In this regard one important mas’ala or Shar’ee ruling pertaining to zakaat needs to be highlighted. For zakaat to be discharged it is necessary that the poor recipient be made the complete owner of that zakaat. This means that the zakaat, whether in the form of cash or food, must be placed into the pos-session of the recipient. If organizations use zakaat money to purchase and cook the food, then it is necessary that the food be given to each poor person individually. This means that people will come with their

owner of any food. For such iftaar meals, zakaat may not be used. Some-times there may be people in the gath-ering who are not eligible for zakaat. This is another factor that may render the zakaat un-discharged. If food is sent to distribution points and the poor in the area are asked to come and collect the food in their own containers, then such food may be sponsored with zakaat funds, for it is evident that the poor will own the food after collecting it at the distribution point. Another point to watch out for is the distribution of zakaat sponsored food to non-Muslims. This is not permissi-ble and zakaat will not be discharged if this happens. Zakaat may not be given to non-Muslims. If any individual or organization wishes to feed non-Muslims, then they should use sadqah money for that purpose. �


QQQQ : Can a miswaak be used dur-

ing fasting? (Shaafi)

AAAA : Using the miswaak whilst fasting is permissible. How-

ever, it is makrooh for a fasting per-son to use the miswaak after zawaal.

QQQQ : I can’t remember if I made

my intention last night to fast

today but I made sehri. Is my fast

valid? (Shaafi)

AAAA : It is written in the Shaafi books that making sehri is itself

a sign of one’s intention to fast. Your fast is therefore valid.

QQQQ : Can a wife give her husband

her zakaat?

AAAA : In the Shaafi’ math-hab a woman is allowed to give her

zakaat to her husband if he is in need or has debts.

QQQQ : Can a female read taraweeh

in four rakaats instead of

two?

AAAA : Taraweeh has to be read in batches of two rakaats, not

four. This applies to both males and females.

QQQQ : Are females allowed to offer

taraweeh in jamaat form?

AAAA : In the Shaafi math-hab fe-males are allowed to read ta-

raweeh salah in jamaat form.

When calculating zakaat on stock the trader should value his stock at the current market or wholesale price. This means that the trader should ascertain the price he would pay for such stock had he bought it from the supplier or wholesaler at the time he is calculating his za-kaat. One should not evaluate stock ac-cording to the cost price, or the price paid for the stock. A manufacturer who produces goods for resale will also value his stock according to market-related prices. Stock in Shariah means any item which was purchased with the in-tention of reselling. Therefore, the stock of a doctor who dispenses medicine will be the medication sold by him. He will calculate za-kaat on the medicines in stock. Likewise, the stock of an optician or optometrist will be the frames and other paraphernalia (such as contact lenses) he retails to clients. A dentist who sells dentures, toothbrushes, and other dental ac-cessories will consider these as his stock. Zakaat on stock that is constantly replenished, as in most retail busi-nesses, will be calculated on what-ever is in the trader’s possession at the end of the twelve Islamic months. Hence it does not mean that the same stock should remain in one’s possession for the entire twelve months. There is no zakaat on equipment and machinery. But one trades in machines and equipment will have to pay zakaat on them because that becomes stock-in-trade. Zakaat is not payable on fixed proper regardless of the value of such property. However income received on that property will be zakaat-taxable if twelve Islamic months have passed on such money. �

Zakaat is compulsory on any form of gold and silver, such as jewellery, coins, cutlery, etc. The current market value of the gold and silver must be considered for zakaat calculations. Jewellery must be weighed and ap-praised by a jeweller to determine its weight and value. There is no zakaat on diamonds and precious stones, unless these are ac-quired for the purpose of reselling. A woman who has gold jewellery to the weight of 87 grams must pay

zakaat on it even if she does not have cash money. Not having the cash to pay the zakaat does not exempt one from zakaat. In order to execute her zakaat, she can either ask her husband to do it on her behalf, or take a loan from him or from someone else to pay the zakaat, or, as a last resort, sell off some pieces of jewellery to settle her zakaat debt. She can also delay the payment of her zakaat if she has hope of acquiring cash money later on. As stated elsewhere in this publication, zakaat can be paid off in monthly in-stalments. �

QQQQ : Can a Shaafi read witr behind

a Hanafi?

AAAA : Yes a Shaafi is allowed to read witr behind a Hanafi.

QQQQ : In this case the Shaafi will be

reading three rakaats of witr

with one salaam. Is he allowed to do

this?

AAAA : Imam Nawawi mentions in his Al-Majmoo’ that a Shaafi can

read the three rakaats of witr in this manner, although it is more meritori-ous to read two and one separately.

QQQQ : Does swallowing saliva break

the fast?

AAAA : This will not break the fast, unless the saliva is mixed with

another substance such as blood, or colouring, etc.

QQQQ : If one swallowed a particle of

food, does the fast break?

AAAA : If this was done knowingly and deliberately, then the fast breaks.

QQQQ : Is the 20-Rakaat Taraweeh

sunnat according to Shaafi

math-hab?

AAAA : One of the great Shaafi Ulema of the seventh century, Allama

Taqiyyud-Deen Subki (Rahmatullahi alayhi) wrote an interesting booklet on this issue and proved conclusively that the twenty-rakaat taraweeh is sunnat according to all four mathaa-hib. �

The above Masaail were extracted from the following Shaafi works: Al Majmoo’, Fatawa of Subki, Asnal-Mataalib


Readers are encouraged to ponder over the following statements of Our No-

ble Messenger (sallallahu alayhi wasallam) regarding the sanctity and holi-ness of Ramadaan. Then reflect on our condition and behaviour during Ramadaan, and compare that with what Our Rasool sallallahu alaihi wa sallam really desired from us during this Great Month.

Rasoolullah (sallallahu alayhi wasallam) said: “Verily, Paradise is decorated from one year to the next for the month of Ramadaan.” Then Rasoolullah (sallallahu alayhi wasallam) said: “Whosoever protects himself and his Deen in the month of Ramadaan, Allah will marry him to the Hurul ‘Een (Maidens of Paradise); And He will give him a Palace from the Palaces of Para-dise. And whosoever does sin, or slanders a Believer, or drinks intoxi-cants in the month of Ramadaan, Allah will destroy one year of his good deeds.”

(Narrated by Al Isbahaani)

Rasoolullah (sallallahu alayhi wasallam) said: “Ramadaan is a mubarak month. In it the gates of Jannat are opened and the gates of Jahannum are locked. In this month the Shaytaans are chained. Each night a caller announces: O SEEKER OF GOOD, COME FORWARD! O SEEKER OF EVIL, DESIST (FROM SIN)! This continues till the end of Ramadaan.

(Narrated by Imam Ahmed R.A.)

Hazrat Abu Saeed Khudri (radhiyallahu anhu) narrates that

Rasoolullah (sallallahu alayhi wasallam) said: “Whosoever fasts during Ramadaan, observes the restrictions of this month, and abstains from that which has to be avoided, it (Ramadaan) becomes a means of compensation for all past (sins).”

(Narrated by Baihaqi)

He who does not abandon false statements and false actions during Ramadaan, then (know) that Allah has got no need for his abandon-ment of food and drink. (Durr-e-Manthoor)

al farouq vol 4 no 10

Documents

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huqooq of ramadaan ramadan

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