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I have purchased a land as an investment but I am paying only 10 % of the amount now and remaining will be thru installments for ten years ,so do I need to pay zakat on this 10 % of amount.Pls note that this land is not an agriculture land , but for housi PDF Print E-mail

Q: 7 – Title: I have purchased a land as an investment but I am paying only 10 % of the amount now and remaining will be thru installments for ten years ,so do I need to pay zakat on this 10 % of amount.Pls note that this land is not an agriculture land , but for housing purposes and I have already a house for my living.

Question

Assalam Muhtaram .

I have purchased a land as an investment but I am paying only 10 % of the amount now and remaining will be thru installments for ten years ,so do I need to pay zakat on this 10 % of amount.Pls note that this land is not an agriculture land , but for housing purposes and I have already a house for my living.

Jazakallaho khair .

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

You do not have to pay zakat on the land or the soil amount.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
I have few questions to ask regarding zakath payment PDF Print E-mail

Q: 6 – Title: I have few questions to ask regarding zakath payment

Question


I have few questions to ask regarding zakath payment

My father is in debt due to credit card. Recently i joined for work(since 5 months)  and i am using my salary to close the credit card completely due to its interest which is haram. I have no debts of mine. I Do i have to pay zakath, of all this period,after my fathers debt is cleared? I paid zakath monthly,for the first 2 months. Is this the correct way? can i pay zakath monthly?

I live with my parents and i have no special expenses of my own. So i take the total of my salary and take its 2.5 % and pay zakath. is this right?  Even if i have expenses i still follow the same..

If i want to buy a new car is it permitted to take loan,with interest? 

Please answer my questions.. and please make dua for me ,to get saved from haram and live a halal life..

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Hereunder are some basic rules of Zakaat:

  1. If a person possesses the nisaab (i.e. 612.35 grams of silver or 87.479 grams of gold) or any currency that equals this amount of gold and silver over and above his basic needs, and this wealth remains in his possession for a complete lunar year, then on the expiry of this year it will be Waajib on him to give zakaat on his wealth. If his wealth is lesser the nisaab explained above, zakaat will not be waajib.
  2. A person possesses the full nisaab and also has debts which is equal to the nisaab. In such a case zakaat will not be waajib. If the debts are such that if he were to fulfil his debts he will have a remainder of wealth which will be equal to the nisaab, then zakaat will be waajib upon him.
  3. Zakaat is not waajib on household effects;e.g: the house in which one lives, the clothes one wears, jewellery made of pearls, etc. This is irrespective of the amount and irrespective of whether they are being used daily or not. However, if they are kept for the purpose of trade, zakaat will be waajib upon them.
  4. A person has R1000 over and above his basic needs. He also envisages receiving R1000 from somewhere. Before the expiry of the year, he gives Zakat for total R2000. This is permissible. However, if his money gets less than the nisaab at the end of that year, then zakaat will not be waajib upon him and the zakaat which he had already given will be regarded as voluntary charity (sadaqah-e-nafilah).
  5. Zakaat is waajib upon 1/40 of the wealth which a person possesses. That is R2.50 for every R100 or R1 for every R40.

In the light of the rulings above, you should first find out on which date your wealth reached the amount of nisaab, after paying off your father’s debts. Thereafter, on the expiry of one lunar year from this date, if you still possess that amount or more, then Zakaat will be waajib upon 1/40 of the money you possess on that date.

There is no harm in giving out Zakaat every month if you are certain that you will be liable for zakaat at the end of the year, as is apparent from rule number 4 above. However, calculation of the zakaat can only be done after the expiry of a lunar year.

The zakaat paid in the first two months could be deducted from the zakaat you will be liable to pay at the end of the year.

Zakaat need not be paid from the total of your salary, but it should be paid from the money which is over and above your expenses.

Bahishti Zewar Pgs: 22-27 (Maktabah Thanvi Deoband)

Radul Muhtar Vol: 2 Pg: 259  (H.M. Sa’eed Company)

( وسببه ) أي سبب افتراضها ( ملك نصاب حولي )

( قوله : نسبة للحول ) أي الحول القمري لا الشمسي

It is Haraam to take a loan on interest as is apparent from the verses of the Quran below:

الذين يأكلون الربا لا يقومون إلا كما يقوم الذي يتخبطه الشيطان من المس ذلك بأنهم قالوا إنما البيع مثل الربا وأحل الله البيع وحرم الربا

Those who take interest will not stand but like the one whom the demon has turned crazy by his touch. That is because they have said “Trading is just like riba”. Allah has permitted trading and prohibited riba. (Verse: 2:275)

يا أيها الذين آمنوا اتقوا الله وذروا ما بقي من الربا إن كنتم مؤمنين .فإن لم تفعلوا فأذنوا بحرب من الله ورسوله

O those who believe, fear Allah and give up what still remains if the ‘riba’ if you are believers. But if you do not, then listen to the declaration of war from Allah and his Messenger. (Verse: 2:278,279)

Ahsanul Fataawa Vol: 1 Pgs: 284-296 (H.M. Sa’eed Company)

And Allah knows best

Wassalam

Ml. M. Jawed Iqbal,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
Can you kindly tell me if the following is correct or not. My ustaad (teacher) had a very minor accident. The bill list was given ... PDF Print E-mail

Q: 4 – Title: Can you kindly tell me if the following is correct or not. My ustaad (teacher) had a very minor accident. The bill list was given ...

Question


1) Can you kindly tell me if the following is correct or not. My ustaad (teacher) had a very minor accident. The bill list was given to him to pay as he was at fault. And I don’t know if he has money or not but he said this to me, “I have some Zakah money, ill give it to you and then you can pay my bill.”

Is that jai’z (permissible?)???

2) How heavy can a men’s silver ring be up to???

3) Can you please tell me of a dua’ that will help in my bad temper.

4) I since a young age wanted to become a muhaddith and a hafiz, can you tell me of a dua which I can read that may support my memory and that may help what I have learnt in the past strong.

5) I am very concerned about my older brothers who are not good Muslims. Can you make dua for them and tell me of an effective was to give them Da’wah.

6) My non Muslim friend said that religion is old now and its modern time now so why is it necessary nowadays? But he believes very briefly that there is a god. So how I answer his question.

7) Last but not least, my female teacher said why do you keep your eyes down? I know it’s for haya and the Quran states us before the women, so what can I say to her.???She is keen to learn more about the beauty of Islam…..may Allah taa’la give me hidayaah and her. Please make dua for I am the weakest of all.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

1.  What is meant by Zakat money? Does he have to discharge his personal Zakat? Did somebody give him Zakat money for himself or to distribute?

2. It is not permissible to have a silver ring heavier than 4.373 g.  A ruler, judge, or an official may use a ring as seal.  That will be Sunnah for them.  For others, it will be merely mubaah (permissible).

( قوله ولا يزيده على مثقال ) وقيل لا يبلغ به المثقال ذخيرة . أقول : ويؤيده نص الحديث السابق من قوله عليه الصلاة والسلام " { ولا تتممه مثقالا } " الى قوله أقول : قول الاختيار : التختم سنة لمن يحتاج إليه كالسلطان والقاضي ومن في معناهما صريح في ذلك

رد المحتار (6:361)  ايج ايم سعيد كنبنى

ذكر في الجامع الصغير وينبغي أن تكون فضة الخاتم المثقال ، ولا يزاد عليه وقيل : لا يبلغ به المثقال وبه ورد الأثر ، كذا في المحيط إنما يسن التختم بالفضة ممن يحتاج إلى الختم كسلطان أو قاض أو نحوه وعند عدم الحاجة الترك أفضل ، كذا في التمرتاشي

الفتاوى الهندية (5:335) مكتبة رشيدية

بادشا? قاض? اور متول? وغ?ر? ?و م?ر لگان? ??ل? انگشتر? چاند? ?? جائز ?? جس ?ا وزن چار ماش? س? ?م ?و اورو? ??ل? مناسب ن???

فتاو? محمود?? (5:97)

3. At the time when you become angry recite اعوذ بالله من الشيطان الرجيم (I seek refuge from Satan).  Imam Muslim in his Sahih narrates, that two people were quarreling in front of Rasullah (Sallalahu Alaihi Wasallam).  One of them starting to get angry and his face turned red.  The Prophet (Sallalahu Alaihi Wasallam) said “I know of a sentence if he were to say it, this anger would disappear اعوذ بالله من الشيطان الرجيم .”  Also if you are standing, you should sit down. If you are sitting, you should lie down.  Drink cold water to suppress the anger.  In other words he should remove himself from the sitiuation which created the anger or do acts which will slow his response and give him time to think instead of acting upon the rage of the anger.


4. To improve your memory the following dua is very beneficial.  It was prescribed to Ali (Radhiyallahu Anhu) when he complained of his weak memory. The method of dua is thus:

On a Thursday night, wake up in the last portion of the night. If the last portion is difficult, then wake up the middle of the night.  If that too is difficult, then the first portion of the night.  Preform four rakat in such a manner that in the first rakah you recite Surah Al-Fatiha and Surah Yaseen. In the second rakah Surah Al-Fatiha and Surah Al-Dukhan.  In the third rakah Surah Al-Fatiha and Al-Sajdah.  In the forth rakah Al-Fatiha and Surah Al-Mulk.  After completing the Salah praise Allah and send salutations upon Rasullah (Sallalahu Alaihi Wasallam) and the rest of the Prophets.  Ask for forgiveness for all the Muslims and all those who passed away with Iman.  Then at the end recite the following dua:


اللَّهُمَّ ارْحَمْنِي بِتَرْكِ الْمَعَاصِي أَبَدًا مَا أَبْقَيْتَنِي وَارْحَمْنِي أَنْ أَتَكَلَّفَ مَا لَا يَعْنِينِي وَارْزُقْنِي حُسْنَ النَّظَرِ فِيمَا يُرْضِيكَ عَنِّي اللَّهُمَّ بَدِيعَ السَّمَوَاتِ وَالْأَرْضِ ذَا الْجَلَالِ وَالْإِكْرَامِ وَالْعِزَّةِ الَّتِي لَا تُرَامُ أَسْأَلُكَ يَا أَللَّهُ يَا رَحْمَنُ بِجَلَالِكَ وَنُورِ وَجْهِكَ أَنْ تُلْزِمَ قَلْبِي حِفْظَ كِتَابِكَ كَمَا عَلَّمْتَنِي وَارْزُقْنِي أَنْ أَتْلُوَهُ عَلَى النَّحْوِ الَّذِي يُرْضِيكَ عَنِّيَ اللَّهُمَّ بَدِيعَ السَّمَوَاتِ وَالْأَرْضِ ذَا الْجَلَالِ وَالْإِكْرَامِ وَالْعِزَّةِ الَّتِي لَا تُرَامُ أَسْأَلُكَ يَا أَللَّهُ يَا رَحْمَنُ بِجَلَالِكَ وَنُورِ وَجْهِكَ أَنْ تُنَوِّرَ بِكِتَابِكَ بَصَرِي وَأَنْ تُطْلِقَ بِهِ لِسَانِي وَأَنْ تُفَرِّجَ بِهِ عَنْ قَلْبِي وَأَنْ تَشْرَحَ بِهِ صَدْرِي وَأَنْ تَغْسِلَ بِهِ بَدَنِي فَإِنَّهُ لَا يُعِينُنِي عَلَى الْحَقِّ غَيْرُكَ وَلَا يُؤْتِيهِ إِلَّا أَنْتَ وَلَا حَوْلَ وَلَا قُوَّةَ إِلَّا بِاللَّهِ الْعَلِيِّ الْعَظِيمِ

(Tirmidhi Chapter Dua for Hifz)

5. Inshallah we will keep brothers in our duas.  You should give your brothers dawah in a gentle way. Do not be too harsh on them.  The best dawah is by showing them good character.  Actions speak louder than words.  Be kind to them and remember them in your duas in all occasions. Try taking them to gatherings where lectures about Islam are conducted or make them participate in effort Tabligh Jamat.

6.  Religion is not a fashion that it becomes old upon passing of time and is discarded.  Islam is way of life.  Allah Ta’ala is the Creator of mankind and has infinite knowledge.  He chose Islam to be the accepted religion till the Day of Judgment.  Allah did not choose this religion only for a certain era or group of people, but instead Islam it a universal religion for all people no matter what their race and for all times not matter how developed they become materialistically.  These “modern times” do not affect Islam and its teachings in anyway.  The purpose of Islam is not to become developed in the material world (nor does is discourage from it), but its purpose is to recognize Allah and worship Him, and live out our lives in a manner Allah has ordered us to.  Your friend says he believes briefly that there is a god.  The quality of God is that he is All Wise and All Knowing.  Therefore he has to believe that if a religion is accepted in God’s eyes for the people till the Day of Judgment, then verily is will be practiced upon in every era.

7.  It is very good you lower your gazes from you female teacher.  May Allah Ta’ala give you steadfastness on your actions.  Tell her that these are the teachings of Islam.  Islam teaches us to have modesty and that a person should lower his gazes from strangers of the opposite gender.  If she is keen on learning more about Islam, you can give her a book on the teachings of Islam for example “What is Islam?” By Maulana Manzoor Nomani.  You can also tell her to visit the womenfolk in your family so they may explain more about Islam.

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
My question is regarding fasting fardh or nafl in the evening i ... PDF Print E-mail

Q: 5 – Title: My question is regarding fasting fardh or nafl in the evening i ...

Question

My question is regarding fasting fardh or nafl in the evening i make intention to make fasting tomorrow i prepared everything but the problem is sleep overtake me at the time of eating suhoor. I wake up when the muadhin calling the azaan second time for fajur salaat. I did not make my suhoor. It is permissable to continue my fasting even i did not eat in the suhoor. JAZAKALLAH HU KHAIR.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Sehri is an act of worship and a means of blessings. However, if one’s eyes do not open for sehri, he should keep his fardh fast despite not having sehri. To leave out fardh fasts on account of not making sehri is a major sin.

Radul Muhtar Vol: 2 Pg: 419 (H.M. Sa’eed Company)

( قوله : ويستحب السحور ) لما رواه الجماعة إلا أبا داود عن أنس قال قال رسول الله صلى الله عليه وسلم { تسحروا فإن في السحور بركة } قيل المراد بالبركة : حصول التقوي على صوم الغد أو زيادة الثواب

Hevenly Ornaments Vol:1 Pg: 287(Zamzam Publishers)

However, if one does not get up for sehri in a nafl fast, then he has the option of not fasting.

And Allah knows best

Wassalam

Ml. M. Jawed Iqbal,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
In behisti zewar which is a very authentic Hanafi book of fiqh problems ,it is mentioned that if a man or woman... PDF Print E-mail

Q: 3 – Title: In behisti zewar which is a very authentic Hanafi book of fiqh problems ,it is mentioned that if a man or woman...

Question

In behisti zewar which is a very authentic Hanafi book of fiqh problems ,it is mentioned that if a man or woman doesnot know in ramadan days that sahoor time has ended and he keeps on eating his sehri(and he is totally in dark about it) ,the qaza of that fasts is not wajib on him(not obligatory) because he had a zero understanding of the time(thus he is not sinful).However it is good if he keeps those fasts again.What is your opinion about it?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

On the sister’s request, we looked into Bahishti Zewar and found the following ruling:

A person woke up a bit late and thought that there is time left. On this assumption, he made sehri. Later he learnt that he had made sehri after dawn. His fast will not be valid. He should make qada but kaffarah will not be wajib. However, he should still abstain from eating and drinking anything and remain like any normal fasting person.

Heavenly Ornaments Vol: 1 Pg: 287 (Zamzam publishers)

We also looked into the urdu version and found the exact same ruling mentioned above.

Bahishti Zewar Pg: 210 (Maktabah Thanwi Deoband)

Moreover, other authentic Hanafi books also have the ruling that qada will be wajib in such situations.

( أو تسحر أو أفطر يظن اليوم ) أي الوقت الذي أكل فيه ( ليلا و ) الحال أن ( الفجر طالع والشمس لم تغرب )

( قوله : أو تسحر إلخ ) أي يجب عليه القضاء دون الكفارة ؛ لأن الجناية قاصرة وهي جناية عدم التثبت لا جناية الإفطار ؛ لأنه لم يفسده

Radul Muhtar Vol: 2 Pg: 405 (H.M. Sa’eed Company)

Therefore, there is a possibility that the matter had been misunderstood. However, it was very wise of you to refer to an Islamic scholar than taking the matter in your own hands. We acknowledge your zeal for knowledge and advice you to always refer to Islamic scholars whenever there is a doubt.

And Allah knows best

Wassalam

Ml. M. Jawed Iqbal,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
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