Three Divorces and Witnesses

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Q: I wanted to find out if 3 talaaqs is valid after a woman gives birth. I was given 3 talaaqs before 40 days without any witnesses and the mosque/moulana that got me married is still not notified of this. Am I divorced or does he need to give it to me again?

A:
The Talaaqs issued are valid and binding.

Witnesses are not a condition for Talaaq to be valid, nor informing the Moulana.

He does not have to issue it again, the ones issued are valid.

Moulana Yusuf Laher

Definition of Talaaq Baain

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Q: Can you please explain the divorce term Taalaq Baain and the rules regarding same bearing in mind that I have been separated from my ex- husband for a period of four months?

A:
Talaaq Baain is such a Talaaq that if the divorced couple wish to reconcile, a new Nikah has to be made.

If you were separated before Talaaq was issued, then that separation is irrelevant.

Moulana Yusuf Laher

Last Updated on Tuesday, 25 October 2016 19:12

Partners in Marriage

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Q: I have a couple of questions that I need clarity on:
1) Firstly, is it permissible to make dua to marry a specific person if they are good for you?
2) If Allah Ta'ala has created us in pairs then how does it happen that men sometimes have more than one wife?
3) What becomes of those people who have passed away in infancy, or prior to getting married, is their pair waiting for them in Jannah?

A:
1) It is permissible to make dua for a partner in marriage, even if it be a specific person. If that is written in one’s taqdeer, the dua will be answered accordingly. If not, Allah Ta’ala might grant another partner. Sometimes, the dua is also part of taqdeer.

2) When it is said that we are created in pairs, it does not refer to spouses in marriage. Instead this means the general concept of male and female, which is found even among animals, plants and vegetation. Today the concept of positive and negative in electricity and other forms of technology can also be included in this meaning. Or it can mean that we all were created from a pair of human beings. This answer obviates the need to answer the next two questions (one man having more than one wife, and those who never married in life.

3) However, all Muslims will have partners in Jannah, more than they can ever imagine. Even women who died unmarried or Muslimas who were married to kuffar (non Muslims) in this world, will have husbands in Jannah. This is what I understand from the wordings of the Quran-e-Kareem

Allah Ta’ala knows best

Mufti Siraj Desai

Last Updated on Tuesday, 25 October 2016 19:12

Athan for the Newborn Child

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Q: What is the ruling of giving azaan and iqaamah in the ears of the newborn? Many people are leaving this out. Is this permissible?

A:
It is a practice from the time of Rasulullah Sallallaahu Alayhi wa Sallam. In Tirmidhi it is mentioned that when Sayyidina Hasan Radhiyallaahu Anhu was born, Rasulullah Sallallaahu Alayhi wa Sallam gave the Athaan in his ears.

In Shu'abul Imaan it is recorded that Rasulullah Sallallaahu Alayhi wa Sallam said that when a child is born then give the Athaan in the right ear and the Iqaamah in the left ear. This will protect the child from a certain type of epilepsy that affects kids.

Thoughts of Despondency

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Q: Every day when I wake up, I think of my sins and it grieves me. If suicide was allowed, I would have opted for this and freed myself from sin. I sometimes become very despondent. Please advise. 

A:
Never lose hope in the mercy of Allah. The mercy of Allah Ta'aala is much, much greater than ALL our sins put together.

Allah says in the Qur'aan:

قُلْ يَا عِبَادِيَ الَّذِينَ أَسْرَفُوا عَلَى أَنْفُسِهِمْ لَا تَقْنَطُوا مِنْ رَحْمَةِ اللَّهِ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعًا إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ

Say (O Nabi, on My behalf) O servants of Mine who have acted recklessly against their own selves, do not despair of the Mercy of Allah. Surely, Allah will forgive all sins. Surely, He is the One who is Most-Forgiving, the Very Merciful. (Surah Zumar verse 53).

Just look at this verse for a moment. Although the person is a sinner, Allah is still referring to him as 'MY SERVANTS'. Isn't this a great favour from Allah, that although you have sinned against Me, I still call you MY servant! This itself is a great mercy.

By virtue of Taubah, everything gets forgiven. Therefore Rasulullah Sallallaahu Alayhi wa Sallam said that when a person seeks forgiveness from a sin, it is as if he did not commit that sin at all. (Ibni Maajah V2 P1419).

A beautiful Hadeeth is mentioned in the books of Tafseer. The Hadeeth says that Allah says: The crying (lamenting, pangs of grief, sounds of regret and repentance) of the sinner is more beloved unto Me (Allah) than the humming sounds of those reciting Tasbeeh.

Ponder over this Hadeeth. This is an invitation from Allah to sinners like us. Allah is saying that cry and repent unto Me, because I love those moments. Thus, this means that the person who repents becomes the beloved of Allah! What more can we ask for?

We do not have the right to lose hope in the Mercy of Allah. Therefore Allah says:

وَلَا تَيْأَسُوا مِنْ رَوْحِ اللَّهِ إِنَّهُ لَا يَيْأَسُ مِنْ رَوْحِ اللَّهِ إِلَّا الْقَوْمُ الْكَافِرُونَ

And do not lose hope in the Mercy of Allah. In fact, only the infidels (disbelievers) lose hope in the Mercy of Allah. (Surah Yusuf Verse 87).

Thus despondency, losing hope, giving up good actions, thoughts of suicide, etc. is NOT the makeup and traits of a Muslim. Understand that we deal with a Compassionate. Merciful, Loving, Kind, Benevolent, Oft- forgiving, Generous Allah!! 

Irrespective of the amount of sins we commit:

1. We will not lose hope in the Mercy of Allah.

2. we will keep on repenting. A person who has not given up sin cannot afford to give up repenting. It is a deception of Shaytaan that we think that I keep on sinning, so how can I keep on repenting, I am making a mockery. This is pure deception. If you keep on sinning then you will keep on repenting.

Never lose hope, keep repenting, keep up good actions whatever you can, avoid sin as much as possible, constantly make Du'aa, keep on striving to fulfil your duties towards Allah and Inshaa Allah you will be engulfed in the mercy of Allah.

Moulana Yusuf Laher

Qurbani through an Agent

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Q: In regards to qurbani, the charity advises that they do not say you your name at time of slaughtering due to the number of people that donate they do not have time. Is this still permissible? I'm not to sure as it does not state and this is the same with most of the charities. Here locally in Australia nobody slaughters themselves and is generally done through a charity or butcher. I was told that I am make the niyah for qurbani once paid and once passed to the charity it is their responsibility to complete. Some say that have to mention your name at time of slaughtering but then some say due to the volume of people donating this is impossible to do so, it is not required. No major charity that I have found says your name at time slaughter.

A:
Your query regarding the above subject was referred to me by my colleague. Here is your answer:

When you give money to an agency or organisation that will execute the Qurbani on your behalf, then you have made that person your wakeel or agent. Thereafter when the agent slaughters the animal that was purchased with your money, automatically the Qurbani is done on your behalf, even if the agent had not taken your name. Therefore, it is necessary that you intend making the agency your wakeel at the time of giving them the money. It is written in the fatwa books of former senior Muftis that when seven people have shares in one cow, and they appoint someone else (who has no shares in that cow) as their agent to execute the Qurbani then such a sacrifice is valid and acceptable even if the slaughterer did not take the names of the shareholders in that cow.

I therefore assure you that you may hand your money over to the organisation of your choice and intend making them your wakeel to fulfil the Qurbani. It will be valid, insha Allah.

Allah Ta’ala knows best

Mufti Siraj Desai

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