FATWA ON MUSJID CLOSURE AND SOCIAL DISTANCING IN SALAAH

FATWA ON MUSJID CLOSURE AND SOCIAL DISTANCING IN SALAAH

Question:
Assalaaamualaikum.
Mufti Makada Saheb,
There is much confusion amongst people of knowledge regarding the term difference of opinion.Many Students and Scholars alike latch on to the term when it comes to social distance in Salah and closure of Masaajid .
To clarify this dilemma:

  1. Is social distance in Salah and musjid closure a valid difference of opinion?
  2. What are the limits of and what type of valid difference of opinions ought to be respected?

ANSWER

Haamidan wa Musalliyan

Assalamu Alaikum wa Rahmatullahi wa Barakaatuh

A valid difference of opinion (ikhtilaaf) takes place in the case where the differences come within the scope of the textual proofs of the Quraan and the Hadith. These types of differences will be similar to the differences between the four mazhabs who establish their mazhabs from the textual proofs of the Quraan and Hadith. However, if a difference goes against the textual proofs of the Quraan and Hadith, then this is not regarded as a valid difference of opinion (ikhtilaaf) that can be accommodated in Deen. Rather, it is regarded as a violation of Deen (khilaaf).

In regard to the issue of social distancing, then practising this in salaah is impermissible as it opposes the clear and categorical texts of the Hadith. Hence, one will accept the opinion of those people whose view conforms to the command of the Hadith of Rasulullah (sallallahu alaihi wasallam). One will not accept the opinion of those people whose view opposes the command of the Hadith of Rasulullah (sallallahu alaihi wasallam).

When we view the Ahaadith, then we see that Hazrat Rasulullah (sallallahu ‘alaihi wasallam) was greatly displeased with the Ummah not joining the saffs and mentioned that this method of performing salaah is the means of one being cut off from the mercy of Allah Ta‘ala, as well as disunity being created in the hearts.

Below are a few Ahaadith that will shed light on the displeasure of Hazrat Rasulullah (sallallahu ‘alaihi wasallam) for the Ummah performing salaah in this manner.

  1. Being Cut Off from the Mercy of Allah Ta‘ala

In one Hadith, Hazrat Rasulullah (sallallahu ‘alaihi wasallam) said, “The one who joins the saff (i.e. he does not leave gaps in the saff), Allah will join him (to His special mercy), and the one who cuts the saff (i.e. by leaving gaps), Allah Ta‘ala will cut him off (from His mercy).” (Mustadrak #774).

  1. Creating Disunity in the Hearts

On one occasion, before Hazrat Rasulullah (sallallahu ‘alaihi wasallam) commenced the salaah, he turned his mubaarak face towards the Sahaabah (radhiyallahu ‘anhum) and said thrice, “Straighten your saffs.” Hazrat Rasulullah (sallallahu ‘alaihi wasallam) then said, “By Allah! You will certainly straighten your saffs, or Allah will most definitely create disunity in your hearts!” (Sunan Abi Dawood #662) On hearing this, the Sahaabah (radhiyallahu ‘anhum) immediately ensured that there were no gaps between them.

  1. Shaitaan Entering between the Gaps

Hazrat Rasulullah (sallallahu ‘alaihi wasallam) said, “Join your saffs (i.e. stand joined to one another, with no gaps in between), and keep your saffs close to one another, and ensure that your necks are in line with one another, for I take an oath by that Being in whose control lies my life – I certainly see Shaitaan entering through the gaps in the saff like a small goat.” (Sunan Abi Dawood #776)

From the above mentioned Ahaadith, we understand that through carrying out the salaah in accordance to the sunnah, the mercy of Allah Ta‘ala will be acquired, unity will be created in the hearts of the believers, and they will be saved from the evil effects of Shaitaan.

The Fuqahaa have clearly mentioned that performing salaah with gaps between the musallis is makrooh-e-tahreemi (impermissible) and one will be sinful through performing salaah in this manner. Imagine that salaah is the greatest ibaadat of Deen, and it is a means of acquiring the mercy of Allah Ta‘ala, yet through opposing the sunnah, one receives sin through the salaah instead of reward!

For further details, you may refer to the attached kitaab we have prepared on this topic.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee

A SEPARATE HOME- A WIFE’S RIGHT

Q. I am faced with a dilemma and I’m hoping for your esteemed advice. In today’s day and age we hear from many Ulama that newly wed couples should stay separate from the husband’s parents. In our economically depressed country, what happens to youth who are newly graduated and just started working? Starting salaries are ridiculously low in our economy today.
What happens to young men such as myself? Young men who recently graduated, earning around R7000 as a starting salary in a company that increases salaries by a measly 8% a year and whose families can not afford to support a second household?
And the only way to make Nikaah is to stay with my parents for the first few years? To wait to earn a salary that is enough for a separate house will take many many years.
Are we advised and expected to wait until then to make Nikaah?
A. The Shariah has granted a woman the right to have her own private quarters to live where her in-laws may not intrude without her permission. Most in-laws labour under the impression that a daughter-in-law is a free maid. Innumerable marriages collapse and end in divorce due to incompatibility, dispute and enmity between the daughter-in-law and her mother-in-law.
If a woman is not prepared to marry a man who is unable to provide her a separate home, then no one can force her to marry that man. If she is agreeable to live with her in-laws, it is her choice. Hence, the issue is with the woman. If she insists on living separately, no one can compel her to stay with her in-laws.
Regardless of your urgent need to get married, you do not have the right nor the authority to demand that the woman lives with your parents, if she refuses. There is no one who can compel her. Such compulsion is haraam.
There is nothing the Ulama can do. They can not compel a woman to marry a man who is unable to provide her a separate home. If she of her own accord agrees to live with the in-laws, it is her own choice. If the woman is not prepared to live with her in-laws, she will be within the ambit of the Shariah. This is an issue which has to be decided between the parties before marriage. Whether to marry a man who is unable to provide a separate home or not to marry him, is the woman’s choice and right. No one can pressurize her to accept living with her in-laws. Such pressure is zulm.
Allah Ta’ala knows why He has granted her this right. In the vast majority of cases, mothers-in-law and even sisters-in-law subject the daughter-in-law to a reign of tyranny. Her life is regimented in her husband’s house. She can not claim that the house where she has to live is her home. Her freedom is vastly curtailed and tasks of others are imposed on her. The mother-in-law, like a hawk watches how she cooks, dresses, and packs her kitchen and bedroom cupboards. Her life becomes miserable under the dictation and domination of her in-laws. That is why Allah Ta’ala has bestowed to her the right of a separate home, entry into which may not be gained by the in-laws without her permission. Intrusion into her privacy is standard procedure in most homes where the daughter-in-law has to live with her in-laws.

RUINING CHILDREN’S IMAAN AND OTHER CHILDREN RELATED ISSUES FROM THE MAJLIS

Q. A government school in our town has arranged an educational trip to visit various places including several historical sites. They include certain temples with ancient statues which are venerated by Buddhists as well. Some Muslim parents are planning to send their children too, though the school has not made it compulsory. The parents say it’s part of education and will create understanding between communities. Is it right for Muslim parents to send their children to visit these temples with idols?
A. This shaitaani understanding will create destruction of the Imaan of these children who are being exposed to shirk indoctrination. Firstly, attending the government/secular school is haraam. Visiting the kuffaar temples is a greater haraam act. It is darkness compounded with darkness. Parents are paving the path for the ruin of the Imaan of their children by allowing them to be exposed to kufr and shirk.
Instead of abhorrence for idolatry, the visit and the commentary of the teachers will dilute the villainy of the shirk. In fact it will imbue congeniality for kufr and shirk in the minds of the children. The rijs (filth) of idols will become subconsciously acceptable to the children. The Qur’aan refers to idols with the designation of RIJS (FILTH).
It is not permissible to visit even such places which Allah Ta’ala had destroyed with His Athaab, e.g. the Dead Sea region where the nation of Nabi Loot (Alayhis salaam) was wiped out by Allah’s Punishment. Such places are perpetually under the La’nat (Curse) of Allah Ta’ala. Hindu temples and all temples of shirk and kufr are worse than the areas destroyed by the Punishment of Allah Ta’ala. The Curse of Allah Ta’ala perpetually descends on places of idol-worship. Those who visit these abodes of shirk and kufr will be destructively affected by the La’nat and Ghadhab of Allah Azza Wa Jal.
Parents and teachers are opening the avenue of shirk and kufr for the children with such haraam visiting. This type of education is satanism (shaitaaniyat) and haraam.

Q. Recently I heard that if a child has clothes, toys etc. and we hand it over to someone else then we need to reimburse the child. Is this true? I didn’t think of this before. How do we reimburse? What sort of value do we give to used items?
Another question I had is what about when we encourage children to give to others or to charity and they chose to give their items like this. Is it okay? 
A. If there is any real value for the items, then pay that amount. If there is no real value, then give an amount you think is reasonable. It is always advisable not to make the children the owners of the clothes, etc. The parents should remain the owners. Then there will be no problem when the parent instructs the child to give an item to charity. However, if the child has already been made the owner, and if the item is still in the child’s use, it will not be permissible to give it away or to tell the child to give it away. If it is given away, it has to be replaced with a similar or a better item.

Q. When writing school exams, is it permissible for the Muslim child to answer with kufr, e.g. Darwin’s theory’ and the ‘big bang’ theory? The origin of the universe and mankind are based on these kufr theories. What should Muslim school children do?
A. It is firstly haraam to attend these secular kuffaar schools. Both Imaan and Akhlaaq are ruined in the immoral kuffaar school environment. It is kufr for the students to repeat the kufr in their writings even if they do not believe in it. If a baaligh child writes such kufr, he/she loses his/her Imaan. Their parents will join them in Jahannam for their kufr since these evil parents have chosen Jahannam for their children by casting them into the cauldron of kufr and immorality.

Q. I am a female physician. Is it permissible for me to attend to an 18 year old boy?
A. If a Muslim male physician is not available, then the boy should be referred to a non-Muslim male. If a suitable non-Muslim male physician is not available, then a Muslim female physician may attend to him observing Hijaab to the best of her ability.

Q. Is it permissible for a Maulana to teach Hifz to a boy who shaves his beard?
A. It is not permissible for a Maulana to teach Hifz to a boy who shaves his beard or who openly violates any law of the Shariah.

OMICRON——LA ADWAA

All Covid Variants, Viruses & Sicknesses Are NOT Contagious Even If Virologists & Professors Say They Are – “LAA ADWAA”, Said Our Rasool Sallallahu Alaihi Wasallam!
Our beloved Rasool-e-Akram (Sallallahu alaihi wasallam) rejected ALL scientific research, theories,
findings and experiments regarding viruses, variants, diseases and regarding the virologists’,
governments’ and professors’ contagion beliefs in the following Blessed words recorded in Bukhari
Shareef: “LAA ADWAA! (There is no contagion)…”
Hence, whether it is a ‘deadly’ variant or a ‘mild’ variant, and whether it is a newly discovered variant
in SA or whether it is something discovered in China’s Wuhan, the Golden Islamic Perspective remains
applicable to each one of them with the same amount of stress and weight, i.e. LAA ADWAA! THEY
ARE NOT CONTAGIOUS IN THE LEAST BIT!
Hence, the theological bodies calling themselves ‘Muslims’, as well as their radio stations dubbed with
the name ‘Islam’, should keep the above Hadith Shareef in the front of their minds and instead of
increasing the propaganda of the Kuffaar government, atheists and the WHO, they should keep up with
their organisation’s (Islamic) name and be vociferous in spreading the Islamic perspective to the
Ummah, not the Kuffaar’s findings and tales which go directly against Islamic Teachings.
Alas! How unfortunate is it to learn how these very same theological bodies with its mouthpiece (radio)
goes on with the Kuffaar narrative regarding covid and its newly hatched variants. This shows that these
theological bodies and their radio/s have lost their Islamic ethos entirely since they have failed to uphold
a simple, clear and easy teaching of Nabi (Sallallahu alaihi wasallam) which has ALL the solutions in
the face of covid with ALL the latter’s deceit, lies, tricks and Dajjaaliyat.
Muslims are warned that these very same theological bodies who claim to represent the Muslims of SA
to the corrupt government have sold Islam to the Kuffaar. The Importance of Salaah in the Masaajid
was sold in last year’s court case. This year, the Laws of Nikaah, etc. were sold in the name of the
KUFR MMB Bill which they (UUCSA) supported.
The Sahaabah’s honour has also been sold in the deafening silence of these ‘umbrella bodies’ under the
garb of ‘uucsa’, by failing to expose the KUFR of the Shi’as and warning the Ummah of their KUFR,
as well as their slander and abuse to the Sahaabah (Radhiyallahu anhum).
Muslims should incumbently abstain from supporting or referring their Deeni issues to such theological
bodies and every other such organisation or branch which represents them or follows them. Even their
Hilaal sightings should not be supported or accepted. Alhamdulillah, there are many other alternatives,
one being the Wifaaqul-Ulama of SA which is founded by very senior, prominent and pious Ulama-eHaq. Refer one’s Deeni issues to Allah-fearing Ulama-e-Haq. In this lies the safety of one’s Imaan.

THE POSITION OF THE FRIDAY KHUTBAH IN ISLAM

ANTI – SUNNAH MISCHIEF – MAKERS
Every now and again there arise in the community persons with modernistic leanings endeavouring to introduce their opinions and fancies into the Shariah. They are bent on creating problems and controversies among Muslims. They have deviated from the Sunnah, hence they attempt to introduce their un-Islaamic practices under Shar’i guise. One such example was the recent delivery of the Jumu’ah Khutbah in English by a certain misguided sheikh in one of the Masjids in the Transvaal.
He was asked to deliver the Khutbah. Little did the musallis suspect him to introduce his bid’ah. After he recited the Khutbah in English, the local Imaam repeated the Khutbah in Arabic. A controversy was the logical consequence.
To avoid such controversies, the Imaam or the mutawallis of Masaajid should not request just any tom, dick or harry to lead the Salaat or the Khutbah. It is essential to first ascertain the credentials of a visiting sheikh/maulana. His leanings and views have to be ascertained before the Masjid platform is granted to him. If this is done, unnecessary controversies will be obviated. Further, a platform for baatil and bid’ah is provided by offering the Musallaa to every roving non-entity.
People who are out to scuttle the Sunnah or bring about changes in the fourteen hundred year practices of the Ummah should never be permitted to mount a platform in the Muslim community. These people who wish to diverge from the Sunnah are out to destroy the Deen. They gnaw at the foundations of the Deen by subtle tampering with the Ahkaam of the Shariah. The ultimate result of the misinterpretations of the modernists is kufr. The Ummah cannot tolerate the slightest deviation from the practices established by the Ijma’ (Consensus) of the Ummah. It is indeed sad and ludicrous that non-entities in this belated age in such close proximity to Qiyaamah have deemed it appropriate to alter the practices of Islaam. Unwary Muslims, either because of their gullibility or ignorance, fall prey to the snares laid by these deviates. Deeni matter cannot be trifled with. Muslims should be more careful and beware of shayaateen masquerading as learned men of the Deen.
If there was a need for the Jumu’ah Khutbah to be delivered in the language understood by the people, the Sahaabah who were the first and greatest Muballigheen of Islaam would have adopted this measure unhesitatingly. There was a greater need for Tableegh of Islaam in the early days when Islaam had not yet reached the masses in the various lands. However, despite this need, the Sahaabah did not consider it Islaamic to introduce a non-Arabic Khutbah. The Khutbah was always retained in the Arabic language although there were non-Arab Sahaabah. It is abundantly clear from the evidence of the Shariah that it is not permissible to recite the Khutbah in any language other than Arabic.

IS MAKROOH TANZEEHI PERMISSIBLE?

Q. Is an act which is described makrooh tanzeehi permissible? Is it correct to say that makrooh tanzeehi is jaa-is ma-al karaahat?


A. A makrooh tanzeehi act is never permissible. Persistence transforms makrooh tanzeehi into makrooh tahreemi. Makrooh tanzeehi is not jaaiz ma-al karaahat. (a permissible which is makrooh). The latter is a different category.
Jaaiz ma-al karaahat are “haraam”and makrooh tahreemi” acts which become temporarily permissible whilst retaining the attribute of karaahat, e.g. identification photographs, tadaawibil haraam (medication with haram substances), consuming haram food because of lack of halaal food, which situation will lead to death, paying license fees and paying government tax. The principle underlying this class of acts is duress and compulsion. When one is compelled to commit a haram act it becomes jaaiz ma-al karaahat.


Q. Is makrooh tanzeehi the same as khilaaf-e-aula?


A. Makrooh tanzeehi is not khilaaf-e-aula. While the former leads to sin, not so the latter. Khilaaf-e-aula is not sinful nor does it lead to sin with israar (persistence). Examples of khilaaf-e-aula acts not rendered in the best form. Some examples are:
• Engaging in worldly acts before performing ishraaq namaz
• Conversation whilst walking to the musjid for performing salaat
• Filling the stomach with food. This excludes overeating which is sinful.
• Performing Hajj (the five days) in a vehicle instead of walking to Arafaat when one has the strength and ability to walk
• Performing less than 8 raka’ts tahajjud namaaz
• Performing tahyatul musjid after having sat down.
There are innumerable such acts which are permissible, not makrooh tanzeehi. But having lesser thawaab than doing it the aula way.
Makrooh tanzeehi becomes sinful if one intentionally persists in acting in conflict with the sunnah practices which are not of the muakkad class, e.g. entering the musjid with the left leg, putting first the left foot in the shoe, unnecessarily sitting cross-legged when eating, reciting the ruku’ and the sajdah tasbeeh twice or once instead of thrice, etc.

TAKEN FROM THE MAJLIS VOLUME 21 NUMBER 03
RABIUL AWWAL 1433
FEBRUARY 2012

VALIDITY OF SALAAT

Question
I understand that during salaat, for men – the entire region from above the navel to below the knees, should not only be covered, but its shape should also be concealed, i.e., the clothing should not be skin-tight. Without this, the salaat is not valid. However, there are two issues I am worried about:
(a) The lower garment – I understand that the trousers should be loose and not tight-fitting or hugging closely the thighs and knees. But how loose is good enough? Is it considered sufficiently loose if there is enough free space in each leg of the trousers to fit an arm alongside the leg? This understanding of looseness becomes important when taken together with the below problem about the upper garment. I wish to understand if the validity of the salaat is affected by the situation.
(b) The upper garment – the kurta which covers till below the knee during standing position in salaat, rises up when in the ruku’ position. Although it still covers completely the posterior and most of the thighs, the problem is that the kurta rises up to about a few inches above the knee. During sajda, there is no problem as the back panel (daaman) of the kurta reaches the upper end of the ankles, and the thighs are folded inwards. However, during jalsah, again the kurta slightly rises – partially exposing the knees.
Answer
In fact, during Salaat and at all times when in public, the body should be covered appropriately from neck to above the ankles. This applies not only to Salaat. The notion that covering the aurah is sufficient, is baatil. While the validity of Salaat is reliant on covering the Satr/Aurah, it is sinful to perform Salaat with only the Satr covered if one has garments to cover the entire body.
If the trousers is so tight, e.g. jeans, which reveals the shape of the satr area, then it is as if he is naked. His Salaat is therefore not valid with such lewd kuffaar garb. The looseness should be such that the shape of the satr area is not at all visible.
A kurtah which rises a few inches above the knees during Ruku’ is not a proper kurtah. The kurtah should be midway between the knees and the ankles, then it will not rise above the knees during ruku’.
Furthermore, for practical purposes, ‘validity’ of Salaat should be understood in the context of Acceptance (Maqbooliyat) by Allah Ta’ala, not in the technical context appearing in the Kutub of Fiqh. Rasulullah (Sallallahu alayhi wasallam) said that Salaat performed haphazardly is struck into the face of the musalli as if it is an old dirty scrap cloth. This is regardless of the Fiqhi validity of the Salaat.
Therefore, Salaat performed with jeans, T-shirts, tight pants, even loose pants without a kurtah covering the satr area, garb with logos of any kind whatsoever, with elbows exposed, with western garb, and with pants below the ankles is NOT VALID. Such Salaat MUST be repeated with proper attire.

FROM THE MAJLIS VOLUME 26 NUMBER 02

Do we say Bismillah when pouring boiling water in the sink or floor?

Q. Ibn Baaz the late grand mufti of KSA (Rahimahullah) was asked:  “Do we say Bismillah when pouring boiling water in the sink or floor?”  He replied: “Yes it’s very necessary to say Bismillah when about to pour a hot water in the sink because there are always Jinns in these areas too”. And Shaikh added:  “I happened to be present at a home where ruqya was taking place, and the Shaikh asked the Jinn: “Why are you disturbing this innocent man?” The jinn replied:  “He poured a hot water on my little children and killed one.”
The Shaikh replied: “But you know he didn’t see, because we can’t visibly see you.” The jinn said: “Why didn’t he mention Allah’s name “Bismillah? The child would have been aware and would have moved.” 
This clearly means, whenever we mention the name of Allah it serves like a signal, it make them aware and they will move away.  Make sure you always say “Bismillah” entering your room, putting on your clothes, wearing your shoes, pouring boiled water in sinks or gutters, or even on the floor.” 
(End of Ibn Baaz’s narrative)
Please advice if this is correct. 
A. It is correct to recite ‘Bismillaah’ when commencing any activity, even when pouring water or boiling water into the sink or onto the floor. While it is possible for jinn to have been present where the Shaikh was doing Ruqyah to exorcise the jinn, it does not follow that there are jinn at all times in the sink. Nevertheless, it is necessary to recite Bismillaah whenever commencing any lawful act.

FROM THE MAJLIS VOLUME 26 NUMBER 02