Al Farouq Vol 4 No 10

AL-FAROUQ NEWSLETTER VOL. 4 NO.of 10Allah, Most Gracious, Most Merciful In The Name

RAMADAAN 1430 / SEPTEMBER 2009

T

PAGE 1

Volume 4, Issue 10

he Muslim Ummah has once again been blessed with the August and Auspicious Month of Ramadaan. It is only the Infinite Grace and Eternal Mercy of Allah Ta’ala, that he allows his servants to annually benefit from the Blessings and Spiritual Effulgence of Ramadaan. When the Month of Ramadaan arrives, it b r i n gs w i t h i t M a g h f i r at (forgiveness from sin) Rahmat (Mercy), Freedom from Jahannum, Admission into Jannat, increase in rizq (sustenance), closeness to Allah Ta’ala, Roohaani (Spiritual) vitality, and strengthening of iemaan. During Ramadaan Muslims become more attached to their Deen and their Quran, and the urge

to perform good deeds is dominant in their lives. No Muslim with the least iemaan will fail to be affected by the Divine Munificence that pervades every moment 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.

Another sign of decadence in Muslims 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 (alayhissalaam) not the Shariah of Hazrat Muhammad (sallallahu alayhi wasallam). 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 (alayhissalaam) or Moosa (alayhissalaam) and not the Shariah of Muhammad (alayhi-salaam). Is their any doubt in the kufr of such a person? A Muslim who professes belief in any creed or faith other than that of Muhammad has without doubt, become a murtadd and is absolutely out of the fold of Islam. This new-found

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 spiritual frame without an iota of change. This state of affairs can be attributed to failure to fulfil the Rights of this month, or total abandonment 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 (Continued on page 6)

(Continued on page 5)

TOPIC

PAGE

Hanafi Zakaat QA

2

Hanafi Fasting QA

3-5

Aafiya’s Pain

7-8

Martyred for Hijab 9-10 Zakaat and Feeding Schemes

10

Shafi QA

11

Zakaat on Stock, Gold and Silver

11

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

With the approach of Ramadan many Muslims will be paying out their zakaat, either in the Month of Ramadan or after. We will, therefore, reproduce some of the questions on zakaat that had come in thus far, along with the answers.

Q

: Can zakaat be given to one’s wife? : No, zakaat may not be given to the wife.

A

I am in the process of calcuQ :lating my zakaat. My husband has many debts. Can I give him my zakaat? : A wife may not give her zakaat to her husband.

A

I have mentally retarded Q :child.

Can I use my zakaat to pay for his medical bills? : 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.

A

Is zakaat payable on one’s Q :share of inheritance that was acquired just a few weeks ago? : If one has inherited cash, gold, silver, or stock then zakaat must be paid on that share by adding its value to existing zakaatable assets. This share will be included 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 assets came into one’s possession. If one inherited a share in property then zakaat is not payable at all. Because there is no zakaat on property.

A

Can I give Zakaah money Q :towards a house being built for the Muazzin on the Jamaat Khana or Musjid ground?

A

: Zakaat may not be used for the building of a musjid, madresa, or similar Islamic projects.

Is it permissible to give zaQ :kaah to an organization that will distribute in the form of grocery hampers, or should cash be given? : It is permissible to give zakaat to this organisation because zakaat can be distributed in cash as well as in the form of groceries.

A

organisations pay Q :theirSomeworkers from zakaat money. Is this valid, and will our zakaat be discharged if we give it to such an organization? : It is not permissible to pay salaries for workers from zakaat funds. If it is ascertained that an organisation does this, zakaat should not be give to such an organisation, for then zakaat will not be discharged.

A

PAGE 2

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 Musjid, Madresa, orphanage, or any similar structures.

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

ISLAMIC INDICATORS 11 Ramadaan 1430 1 September 2009 Zakaat Nisaab

R2635.96

Mehr-e-Fatimi

R6589.96

Muslim university students? : Zakaat money may not be used for this purpose. See a separate article on using zakaat money to feed people elsewhere in this publication.

Minimum Mehr

R131.80

When giving zakaat to Q :someone is it necessary to

I use Zakaah money Q :toCan sponsor Iftaar meals for

A

tell that person that it is zakaat money? : 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, regardless of what is told to the recipient.

A

Shafi Fitra

R25

Shafi Fidya

R12

Hanafi Fitra

R10

Hanafi Fidya

R10

Al--Farouq Q & A Al PO Box 4280, Korsten 6014, Port Elizabeth, South Africa

Fax: (041) 4571326 Email: darululoom@telkomsa.net

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

www.askmufti.co.za

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

you break your fast for Q :noIfvalid reason what is the payback? : The compensation for breaking 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 repentance and beg Allah for forgiveness.

A

Does the use of an air Q :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? : When an air-freshener is sprayed, the contents immediately evaporate in the air, leaving behind nothing but a fragrance.

This will not break the fast.

A

Does the insertion of a dry Q :tampon nullify the fast?

A

: Though inserting a tampon is not permissible unless the woman has valid reasons for this, it will not break the fast.

Q

: 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 actual time. Is her fast still valid? : The fast of this lady has been nullified for she broke it before time. She is obliged to keep a qadhaa after Ramadaan. : Can a man kiss his wife while fasting? : Kissing the wife while fasting 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.

A

Q

A

In taraweeh salaah can Q :women follow the men in a separate room and can we read behind non-mahrams?

A

: 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. slime accumulating Q :inDoes the mouth and throat due to flu break the fast if it goes down the throat? : Swallowing slime does not break the fast.

A Q

: If a fasting person swallows phlegm, will his fast break? : Likewise, swallowing phlegm does not break the fast.

A

take an injection that Q :myI gynaecologist gives me because I have a problem with my womb. This injection is supposed 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? : 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 regarded as haidh.

A Q

: Does breastfeeding break your fast and if so why? : Breastfeeding does not break the fast.

A

If a woman's haidh Q :(menstrual bleeding) starts

PAGE 3

in Ramadaan after 12pm, does she break her fast immediately or wait until iftaar? : In this case it is preferable that she waits till iftaar before taking any food or drink.

A

During a nafl fast a Q :woman’s haidh commenced, so she broke the fast. Must she keep qadha of that fast? : Once a nafl act of worship is begun, it becomes necessary to complete it. If the nafl fast was broken due to haidh, she must keep the qadhaa of that fast after Ramadaan.

A

Is it permissible to apply Q :Vicks into the nostrils while fasting? : Applying vicks to the nostrils during fast is permissible.

This does not break the fast.

A

Does one have to read TasQ :miyya loud before surah Baqarah? And what if it wasn't read then? : It is necessary to read Bismillah aloud at least once during the Taraweeh khatam. If this is not done then the Quran of the muqtadees will not be complete. However, the tasmiyah could be rendered before any surah. If it was not read before Surah Baqarah, it should be read later during the taraweeh before any Surah.

A

While fasting I need a Q :ghusl but am afraid water will go down my throat so I don’t let water go near the throat. Is ghusl valid? : 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.

A

If wudhu breaks while Q :reading witr do we have to (Continued on page 4)

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

(Continued from page 3)

repeat the whole taraweeh? : Only repeat the witr salaah; the taraweeh is valid.

A

If insecticides were Q :sprayed on the streets and I smelt a bit of it, is my fast valid? : In this case the fast is not broken. Merely smelling something does not break the fast.

A

Q

: 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? : Your Esha and taraweeh are valid and accepted, inshaAllah. The time for taraweeh lasts right up till sehri.

A

If the hafiz reciting TaQ :raweeh as Imam says ‘no’ in Salaah and repeats the ayah, does he have to repeat the rakats or that part again? : Uttering a word in salaah that is not of the salah, renders 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 repeated the following night. And Allah knows best.

A

Is it allowed to use eye Q :drops whilst fasting? The reason I’m asking is because of getting a bad taste in my mouth after using them. : Applying medicine to the eyes while fasting is allowed.

This does not nullify the fast.

A

Q

: If a lady is 3 months pregnant does she have to fast? : A pregnant woman is not exempt from fasting, unless a Muslim gynaecologist advises the mother that fasting will cause seri-

A

PAGE 4

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 patients 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.

Must I pay fidya if I Q :don't fast due to pregnancy? : As explained above, not every pregnant woman is exempted from fasting. Pregnancy 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.

A

A

: Using a nasal spray will break the fast.

If a drip is ministered to a Q :patient while he is fasting, does the fast break? : 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.

A

I own a takeaway and in Q :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? : You should not allow Muslims 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.

A

fast break : When making wudu while Q :orWillis aitperson’s Q makrooh if he fasting and water goes up steams his face? This is done to clear his nose due to cold/flu. : Steaming the face entails inhalation of water. This will certainly break the fast.

A

Is it permissible to use a Q :Vicks inhaler during the fast?

A

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

When a person has an Q :MRI scan done then a dye is injected into the body. Does this break the fast? : The dye is injected via the veins, and any type of injection will not break the fast. So it will be permissible to have this scan during the fast.

A

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? : 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.

A

While lying down I had a Q :burp and felt some taste in throat. Is the fast valid? : The fast is valid. The mere taste of something will not break the fast.

A

: If one vomited a little then If one uses a nasal spray Q :while Q fasting, is the fast swallowed it back, does the broken?

fast break?

(Continued on page 5)

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

(Continued from page 4)

A

: Swallowing vomit that came into the mouth will break the

Had her haidh stopped before sehri, then she could have made an intention to fast.

A

Q

If a female has a pap Q :smear during Ramadaan,

fast.

Is it permissible to read Q :taraweeh Salaah in 4's like a normal 4 sunnat? : To do so is permissible for followers of the Hanafi mathhab only.

A

PAGE 5

: If blood is withdrawn from arm or sugar is tested by pricking finger is the fast still valid? : Removing blood from any part of the body does not break the fast.

A

: Yes this is permissible. The fast will not break.

does the fast break? Is ghusl fardh upon her? : Having a pap smear while fasting will break the fast but ghusl is not fardh.

A

Will swallowing of mucus : Can one use a mouthQ :break Q the fast? wash while fasting?

A

: Swallowing of mucus will not nullify the fast.

I had my haidh and made Q :ghusul before zawaal. I heard you can fast. And I fasted without having sehri. Must I make a qadhaa fast for this day? : If a woman becomes clean from haidh at any time after sehri, she cannot fast for that day.

Qadhaa must be kept afterwards.

A

(Continued from page 1)

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 highlighted the dangers of selfinterpretation of Quran, and the fitnah that arises from drawing uneducated and ill-conceived inferences from the verses of Allah Ta’ala without professional guidance 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-

A

: Using a mouthwash is permissible while fasting, but makrooh. Also note that some mouthwashes contain alcohol, so that will not be permissible to use.

Al--Farouq Q & A Al PO Box 4280, Korsten 6014, Port Elizabeth, South Africa

Fax: (041) 4571326 Email: darululoom@telkomsa.net

SMS: 084 574 98 91 to dilate Q :theIs iteyespermissible while fasting by

www.pedarululoom.blogspot.com

www.askmufti.co.za

an optician?

lat of Ebraheem, pure in Tauheed.”

According to all the commentators of The Holy Quran, the millat of Ebraheem (Alayhis-salaam) refers to the Pure Tauheed that he practiced; a tauheed that eschewed all forms of idolatry and polytheism; a conviction in Allah’s Oneness that was unprecedented. Our Rasool was commanded to follow this Tauheed, and so was his Ummat. However, as far as Shariah is concerned, Hazrat Muhammad was blessed with the final and supreme 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 desires 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 Oneness practiced by Ebraheem (alayhis-salaam); this tauheed remained unadulterated over the centuries. But the Shariah by which we are bound is that of Hazrat Muhammad . 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)

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

PAGE 6

abstain from back-biting, lies, scandal-mongering, and futile talk.

Abstaining from these also represent fulfilment of the rights of Ramadaan.

(Continued from page 1)

spiritual revitalization that it creates within the Muslim. But such benefits only come when one has recognised the limits and restrictions of the month, and has safeguarded 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 sacrifice. Unfortunately, it seems that some Muslims are not prepared to make even a minuscule effort towards good in this month. It appears that we are not giving ourselves a chance to imbibe the spiritual blessings in this month.

Those who were in the habit of watching television are not prepared to give up this past-time even in Ramadaan. While others are performing Taraweeh in the musjids, some are busy watching their favourite 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 communicating 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

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 involved 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 sacrifice 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 announces: “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 demoralising situation is the total neglect of fasting by some Muslims. Can one imagine a healthy, strong Muslim not fasting in Ramadaan? And the excuses tendered for this evil are so flimsy that one shudders to think how such Muslims will answer on the Day of Judgment, before Almighty Allah.

Rasoolullah said: “Allah has made compulsory the fast of Ramadaan, and I have made sunnat the salaah (at night, i.e. Taraweeh). He specifically mentioned the taraweeh salaah as a fixed and standard practice of Ramadaan. Yet Muslims are neglecting this ibadat on a large scale. Once again we have violated one of the rights of this great month.

An integral aspect of fasting is to

There are many youth who idle away the priceless moments of Ramadaan by indulging in computer 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 mentioned 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 consoling 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.

Help us to Assist Islam Maktabs Darul Uloom (Aalim and Hifz Courses) Eastern Cape Muslim Prison Board Al Farouq Newsletter Islamic Publications Printing of Maktab Textbooks Fataawa Service Juma Khateebs Da’wah to non-Muslims Social Welfare | Feeding Schemes

Our Banking Details

Acc Name: Malabar Educational Trust Bank: First National Bank Acc Number: 534 200 84 386 Branch Code: 210 517 Branch: Kempston Road We accept Lillah, Sadaqah and Zakaat. If making an electronic or internet transfer, then state Lillah, Sadaqah or Zakaat in reference field, or state this on your deposit slip and fax to 041 457 1326.

For more information, or to confirm donation, please call Mufti Siraj Desai on 084 574 9891

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

PAGE 7

The harrowing images and piercing screams of Aafiya, were recounted by those who survived the Bagram experience Dr Aafiya Siddiqui cut a lone figure as she slowly turned her head around to survey the packed courtroom in New York a few days ago.

With her sad brown eyes, she peered beyond her off-white veil and olive green jilbaab which covered her frail body.

May be she was looking for a friendly face, but with the exception 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 completely forgotten as the years rolled by following her kidnap and disappearance from Karachi in Pakistan in March 2003.

Her cries for help from the dungeons of Bagram, home to some of the most unimaginable cruelty, were ignored by her American tormentors.

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 detainee Moazzam Begg. Through his book Enemy Combatant and from the graphic accounts of other Bagram survivors who also heard her screams and by the few who saw her there we now know the motherof-three was brutalised and tortured in Bagram.

tent to stand trial.

One account comes from exGuantanamo and Bagram detainee 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 Afghanistan 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 shamefully, they’ve just about got their wish.

As Aafiya interrupted court proceedings to firmly reject government 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 Siddiqui, 37, told the District Court, which was holding the hearing to determine whether she is compe-

Government psychiatrists claim she is faking symptoms of mental illness 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 defend 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 anybody, 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 physical harm as recent as THIS MORNING in the form of ‘forced gynecological exams ordered by (Continued on page 8)

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

PAGE 8

The harrowing images and piercing screams of Aafiya, were recounted by those who survived the Bagram experience (Continued from page 7)

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 correct misleading statements from the witnesses saying ‘I want the world to know this’ after she corrected the false information.

“One such outburst from her resulted 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 Siddiqui truly understands and comprehends what she says, but when she said I want to relieve my attorney now, the judge reacted as if she doesn't understand what she is saying and is psychotic. If that is the case then why not approve the defense's motion that she is in fact psychotic and as a result the case should be dismissed and she should be given medical help?

“We have 56 or so Muslim countries in the world but one Aafiya Siddiqui who has 5 years of her life

declared "missing" sat in her chair surrounded by nonMuslims, 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’. Perhaps this is because many of them are oppressors and crooks themselves, 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 Muslims 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 detailed 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 masjids. This is the city where Tableeghi Jamaat has strong footings, where Salafis and Sufis are active.

This is the city where Shias have their huge centers and where Pakistani Americans have a population of more than 300,000.

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 is our sister in Islam.

Send your mail to: AAFIYA SIDDIQUI #90279-054 MDC BROOKLYN METROPOLITAN DETENTION 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: 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: alfataawa@gmail.com SMS Line: 084 574 9891 Web: www.pedarululoom.blogspot.com | www.askmufti.co.za

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

PAGE 9

The true terrorists: Immoral opponents to Hijaab

T

he brutal murder of 32year old Marwa ELSherbini 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 entirely 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 reminder of this harsh and evil reality. Had the roles been reversed, with the victim being a white western female and the killer a Muslim, the incident would have grabbed world headlines like never before.

It would have been the sensationalism 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 Raji’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 MaxPlanck-Institut in Dresden. On August 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 ElSherbini, 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, ElSherbini filed an official complaint against the 28-year old man, referred to in public records as “Axel W”. The man, reportedly a Russian of German decent who immigrated to Germany in 2003, was fined 780 Euros ($1,100) by a local court for calling El-Sherbini a “terrorist." Records 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 ElSherbini told an Egyptian television 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 Associated Press report, Dresden prosecutor 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 courtroom: a panel of one professional and two lay judges, the prosecutor, Alex W. as the defendant, his defence counsel, El-Sherbini as witness 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 critically 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 (Continued on page 10)

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

PAGE 10

they heap on Islam.

(Continued from page 9)

being held on remand and investigated 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 investigators ANTI HIJAAB ATTACK Where, one wonders, are the fighters for justice, who could summarily mete out just deserts to this perpetrator of terror? This act of terrorism by the Russian-born German moron comes hot on the heels of another incident of religious bigotry in Europe, though not as disastrous in its consequences: the French President’s attack on hijaab.

In a display of uninhibited and intense hatred towards Islam, the French president Sarkozy brazenly and unashamedly attacked Islamic hijaab in public, making illconceived remarks that one can

only expect from a man as immoral as this Sarkozy drunk.

Hatred has spewed from their mouths, and what the heart conceals is far worse.( Al-Quran) We will, insha Allah, refute the false notions of these ignoramuses, 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 being, Muslims must realize that the only way to combat our antagonists is to produce abundant a’maal. Practicing on our beautiful 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 illconceived remarks and ridicule

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 possession of the recipient.

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 ownership 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 scenario 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. Therefore, if this type of feeding scheme is operated then people should not use zakaat to sponsor the cooking. Instead lillah funds should be used.

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

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 promises great rewards for feeding the poor. May Allah Ta’ala accept the efforts of the individuals and organisations involved in this noble work.

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 ignoring the hurt) and taqwa (by practicing on your Religion) then surely this ranks among the great deeds.”

owner of any food. For such iftaar meals, zakaat may not be used. Sometimes there may be people in the gathering 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 permissible 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 nonMuslims, then they should use sadqah money for that purpose.

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

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 zakaat.

One should not evaluate stock according 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 intention of reselling. Therefore, the stock of a doctor who dispenses medicine will be the medication sold by him. He will calculate zakaat 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 accessories will consider these as his stock.

Zakaat on stock that is constantly replenished, as in most retail businesses, will be calculated on whatever 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 appraised by a jeweller to determine its weight and value.

There is no zakaat on diamonds and precious stones, unless these are acquired for the purpose of reselling.

A woman who has gold jewellery to the weight of 87 grams must pay

PAGE 11

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 instalments.

a miswaak be used dura Shaafi read witr behind Q :ingCanfasting?

Q :a Can (Shaafi) Hanafi?

A

: Using the miswaak whilst fasting is permissible. However, it is makrooh for a fasting person to use the miswaak after zawaal. remember if I made Q :myI can’t intention last night to fast today but I made sehri. Is my fast valid? (Shaafi) : 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.

A Q

: Can a wife give her husband her zakaat? : In the Shaafi’ math-hab a woman is allowed to give her zakaat to her husband if he is in need or has debts.

A Q

: Can a female read taraweeh in four rakaats instead of two? : Taraweeh has to be read in batches of two rakaats, not four. This applies to both males and females.

A

Are females allowed to offer Q :taraweeh in jamaat form?

A

: In the Shaafi math-hab females are allowed to read taraweeh salah in jamaat form.

A

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

In this case the Shaafi will be Q :reading three rakaats of witr with one salaam. Is he allowed to do this? : Imam Nawawi mentions in his Al-Majmoo’ that a Shaafi can read the three rakaats of witr in this manner, although it is more meritorious to read two and one separately.

A

swallowing saliva break Q :theDoes fast?

A

: This will not break the fast, unless the saliva is mixed with another substance such as blood, or colouring, etc.

If one swallowed a particle of Q :food, does the fast break?

A

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

Is the 20-Rakaat Taraweeh Q :sunnat according to Shaafi math-hab? : 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.

A

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

AL-FAROUQ NEWSLETTER VOL. 4 NO. 10

PAGE 12

Readers are encouraged to ponder over the following statements of Our Noble Messenger (sallallahu alayhi wasallam) regarding the sanctity and holiness 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 Paradise.

And whosoever does sin, or slanders a Believer, or drinks intoxicants 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 abandonment of food and drink. (Durr-e-Manthoor)