Child Performing Qurbani

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Q: If an eight year old child insists on paying for his own Qurbani can you eat from it?

A:
If the parents pay for the Qurbani then anyone can eat from it.

If it is paid from the wealth of the child then the child can eat from it, the person who takes care of the child (Nanny, caregiver) and the parents.

No one else will be allowed to eat from it. (Jaami'u Ahkaamis Sighaar P186 V2).

Moulana Yusuf Laher

Multi Level Marketing

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Q: Kindly advise me regarding multi level marketing - is it jaaiz (permissible)? I sell herbalife products and part of the business entails signing members up train them to sell, teaching them about the products, etc as well as duplicating this behaviour to form a team. I do benefit from my team members sales. At the same time it involves work from my side on a supervisory level. In some cases orders are done online and I am not involved directly in the transaction but I still benefit from my team members. Is this income halaal?

A
: Your query on multi level marketing refers. This is permissible and the income earned is halaal. You are being remunerated for training and supervising people, while the benefist you receive from the sales of team members will fall under a partnership deal that is lawful in Shariah.

Feel free to ask if the are still any queries related to this

Allah Ta’ala knows best

Mufti Siraj Desai

Car on Fixed Lease Agreement

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Q: Mercedes Benz has the agility finance option which means that you lease a car from them for a certain amount of time. Terms and conditions apply. Offer calculated on a C180. At a rate of 8.68% linked over 36 months, deposit of 10.5%, Total Retail Price of R483 929 at a Guaranteed Future Value (GFV) of 64% based on 20 000 km pa, Total Repayment Price of R509 695. Monthly Service Fee of R57.00 (not included in the Monthly Instalment). Upfront Initiation Fee of R1 140.00 (including VAT). Offer valid until 30 September 2015 subject to availability at participating dealers only. Please can you find out more about this agility finance for I want to purchase one of these cars? I would like to know if it permissible.

A:
The main thing in such a finance option is whether the monthly instalment is fixed for the entire duration of the repayments. If it IS fixed, then the lease agreement will be permissible and valid. Otherwise, not.

Allah Ta’ala knows best

Mufti Siraj Desai

Mehr and Gift

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Q: A couple got married recently  and Mehr was paid to the girl in the form of jewellery, however only a part of the jewellery set was considered to be Mehr and the remainder was considered as been a wedding gift, is this acceptable? And part of the set was paid for by the boys mother but the majority was paid for by the boy, is this correct?

A:
It is permissible to give jewellery as part of the mehr but the amount and value had to be stipulated and clearly mentioned, especially when all the jewellery was given at one time. It does not matter who paid for the jewellery. As long as the groom mentions how much is mehr and how much is a gift, it will be acceptable in Shariah.

Allah Ta’ala knows best

Mufti Siraj Desai

House and Lifetime Usufruct

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Q: A father owns a property, he transfers the bare dominium of the property to his three children in terms of a sale agreement but registers a lifetime usufruct (right to live and enjoy property) in his favour over the property which will lapse on his death and the full rights to the property will then vest in the children. There is no transfer of funds in respect of the purchase price. Is the above transaction sharia compliant and will the law of inheritance be applicable?

A:
The sale agreement between father and sons in the manner described was not valid in terms of Shariah. There was neither a sale nor a gift. Hence, the law of inheritance will apply to the house. In other words, upon the demise of the father, the house will form part of his estate to be distributed among all his Islamic heirs. As for the usufruct, that was not valid according to Shariah.

Allah Ta’ala knows best

Mufti Siraj Desai

Second Jamaat

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Q: I am living in an area with a large Muslim community and we have a small mosjid. We have not got enough space for juma, is it permissible to have a second jamaat?

A:
According to Imam Maalik (Rahmatullaahi Alayh) it is Makrooh to make Salaah in Jamaat with someone other than the appointed Imam. If there is more than one appointed Imam, then too, the preferred opinion of the Maalikiyyah is that it is Makrooh. (Haashiyatus Saawi V2 P247, Al Fiqhul Islaami wa Adillatuh V2 P331)

According to the Shaafi’ee Madhab, if the Masjid is too small to accommodate all the Musallis and there is a fear that the time of Salaah will expire, then a second Jamaat is allowed, or if the appointed Imam gives permission, then it will be permitted to make a second Jamaat. (Mughnil Muhtaaj V1 P 244, Al Fiqhul Islaami V2 P 332)

According to Imam Ahmad (Rahmatullaahi Alayh) it is not permissible to make Jamaat before the appointed Imam except with his permission. It is also permissible to make a second Jamaat after the appointed Imam has led the Salaah. (Al Fiqhul Islaami V2 P332)

Imam Tirmidhi has also recorded this opinion of Imam Ahmad and says that it is also the opinion of Imam Is’haaq and many among the Sahaabah and Taabi’een. (Tirmidhi V1 P373)

According to the Ahnaaf, note the following:

The jurists of the Ahnaaf as a matter of principle have ruled that a second Jamaat is Makrooh Tahreemi.

Thus Allamah Kaasaani (Rahmatullaahi Alayh) has written:

If the people of the Masjid or some of them have performed Salaah with Adhaan and Iqaamah then it is Makrooh for the rest of the people of the Masjid or for others to repeat the Athaan and Iqaamah.

So majority of the Fuqahaa hold the view that a second Jamaat is Makrooh. Among the four Madhabs the Ahnaaf, Maalikiyyah and Shawaafi hold this view. The Hanaabilah say it is permissible and the Shawaafi say that if the Masjid cannot accommodate all the Musallis at one time then it will be permissible.

Those who say it is permissible cite the Hadeeth of Tirmidhi as proof.

They also cite a Hadeeth of Bukhaari. In this Hadeeth it is mentioned that Sayyidina Anas (Radhiyallaahu Anhu) came to a Masjid wherein Salaah had already been completed. He then performed Salaah with the Adhaan and Iqaamah being given again. (Bukhaari V3 P33)

Those who say it is Makrooh cite this Hadeeth that once Rasulullah (Sallallaahu Alayhi wa Sallam) went to arbitrate between two factions. Thereafter when he went to the Masjid Salaah in Jamaat was already done. He returned to his home, gathered the family members and made Jamaat with them (in the house). (Majma’uz Zawaa’id V1 P258)

There are a few scenarios wherein a second Jamaat will be allowed. Those are mentioned here that are relevant to the question:

1. If there is no appointed Imam for the Masjid then a second Jamaat will be allowed. (Fataawa Al Hindiyyah V3 P105)

2. People from outside and not from the locality gave Adhaan and Iqaamah and made Jamaat. Thereafter it will not be Makrooh for the people of the locality to again render the Adhaan and Iqaamah and perform Salaah in Jamaat. (Raddul Muhtaar V4 P218)

3. The first Salaah is made with Adhaan and Iqaamah and the second Jamaat is done without Adhaan. This is approved unanimously by the Ahnaaf jurists. (Raddul Muhtaar V4 P219)

According to Imam Abu Yusuf (Rahmatullaahi Alayh) if the second Jamaat makes changes in the ‘Hay’at’, i.e. changes in the format compared to the first Jamaat, then a second Jamaat will not be Makrooh. An example of a ‘change’ is that the second Imam does not stand where the first Imam stood. The Imam usually stands at the Mihraab. The second Imam should stand away from the Mihraab. (Raddul Muhtaar V4 P220)

Allaamah ibni Nujaym (Rahmatullaahi Alayh) also says that there is no problem at all if (the second Imam) stands at a different place from where (the first Imam) stood.  (Al Bahrur Raa’iq V3 P382)

The jurists have accepted and approved of the opinion of Imam Abu Yusuf.

Jumu’ah Salaah is from among the salient features of Islam and holds great importance, thus the jurists have tried to create leniency so that all aspects are accommodated. For example, there should be only one Jumu’ah in a town, but if a single place cannot accommodate all the Musallis then they have given permission for Jumu’ah to be performed in more than one place in a town. (Al Bahrur Raa’iq V5 P140)

The Maalikiyyah also say the same. (Haashiyatus Saawi V2 P351)

Although according to the ruling of Imam Shaafi’ee (Rahmatullaahi Alayh) Jumu’ah in more than one place in a town is not permissible, the latter jurists of the Shaafi’ee Madhab gave permission, looking at the need.

The purpose behind leniency is so that the importance of the Jumu’ah is not decreased in the minds of the people and that every person ensures that he performs Jumu’ah Salaah.

Worse than having a second Jamaat is some people not performing Jumu’ah at all.

Keeping the above discussion in mind, the following is suggested:

1. The responsible people of the community should endeavour to procure a second place for the Jumu’ah Salaah, such as a hall, etc. or even an open field.
2. Until that is not possible, let a second Jamaat take place at the Masjid. It is better than depriving the people from Jumu’ah Salaah.
3. It should be done in this manner: The first Jamaat will give the Adhaan and Iqaamah. The second Jamaat will not give Adhaan and Iqaamah.
4. The second Imam will not stand where the first Imam stood. Rather he should stand in a slightly different place. This will fulfil the requisite mentioned by Imam Abu Yusuf.
5. It will be better for the appointed Imam of the Masjid to perform the second Jamaat so that the second Jamaat will be counted as the people of the locality and the first Jamaat as outsiders. As mentioned above, a second Jamaat by the local people (residents of the area) after the first Jamaat by outsiders is valid and accepted unanimously.

If done as mentioned above then the Makrooh factor mentioned by the Ahnaaf will be removed.

Do remember that the original ruling is that it is Makrooh to have a second Jamaat in the same Masjid. Therefore concerted effort should be made to extend the current Masjid or procure other premises for Jumu’ah. The second Jamaat leeway is because of necessity and should not become a permanent feature, and it is to safeguard the Jumu’ah of the people.

Allah Ta’aala knows best.

(This writing is based on a Fatwa in Kitaabul Fataawa V3, by Hadhrat Moulana Khalid Sayfullah Saheb Rahmani Daamat Barakaatuhum)  

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

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