Al Farouq Vol 5 No 10

AL-FAROUQ NEWSLETTER VOL. 5 NO. 10 In The Name of Allah, Most Gracious, Most Merciful

RABIUL AWWAL 1432 / FEBRUARY 2011

T

he Department of Justice and Constitutional Development has just released a revised copy of the Muslim Marriages Bill. The Bill comprises a set of legislative proposals concerning Muslims marriages, divorces, and related consequences. Several years ago the South African Law Commission led an investigation into Muslims marriages and their consequences. The Commission’s findings were published in the form of a Draft Muslim Marriages Bill. A booklet on the history of this Bill and related issues will soon be published, Insha Allah.

The ultimate aim of this Bill is to give legal recognition to Muslim marriages. It is then hoped that such recognition of Muslim marriages will serve to alleviate the difficulties women experience in matters of divorce, maintenance, custody, etc.

THE FEAR While such aims are laudable and commendable, the big fear that overrides all these noble aims of the Bill is the resultant assimilation of Shar’ee laws into a non-

Muslim Constitution that threatens to distort or even replace the Divine Law of Islam. When studying the Bill, it is imperative that we carefully consider the extent the Bill goes in accommodating Shariah, and more importantly, the outcome of such a Bill after it has passed through Constitutional challenges. It is a violation of Quran and Sunnah to dispense with Shar’ee fundamentals in an effort to achieve a few worldly rights or alleviate perceived hardships that are attainable through other means. This, in our humble

FROZEN CHICKENS A WARNING Nowadays the buying and consumption of frozen chickens has become such a norm in society that it’s almost unavoidable. Besides the restaurants and food outlets that sell these commercially produced chickens, even households have become hooked onto frozen poultry. In this regard, Muslims need to be cautious. While there are nu-

merous organizations that certify poultry plants in South Africa, it is still an extremely difficult task to implement totally glitch-free Halaal supervision and regulation of poultry plants. The purpose of this article is to create extra awareness among Muslim consumers and highlight discrepancies that occur from time to time.

This is in order to fulfil a Deeni (Continued on page 5)

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Volume 5, Issue 10

view, is the fulcrum of the whole debate over whether the Bill should be adopted by Muslims or not.

It is understandable that there is support for the Bill from groups who believe such legislation will enshrine the rights of women and create a forum of redress for inequities that they have been suffering in the past as a direct result of injustice by husbands. But what we must not fail to consider is that a structure of this nature must remain within the framework of Shariah. It is contradictory and erroneous to fight for restoration of our Islamic rights while at the same time we trample over other Islamic rules and principles. In the case of the Marriages Bill, it must be remembered, the State is directly involved in assimilating Shariah into its constitution.

It is a forgone conclusion that the State Constitution will override (Continued on page 8)

TOPIC

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Q&A

2-4

Frozen Chickens

1,5

Sunnats of Eating

6

Laws on Haidh

7

Janaza

7

Non-Muslim Society

9

Heroes to Zeroes

10

Love in Marriage

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AL-FAROUQ NEWSLETTER VOL. 5 NO. 10

recently started readQ :ingI have the course of Islamic history after the Prophet passing away. I find it disturbing that I was never aware that the rift between Shias and Sunnis was due to a war between Hazrat Ali and Bibi Ayesha RA. 10 000 Muslims were killed. How is it that this was kept from us in all those years of madressa. Was Hazrat Uthman murdered by Muslims? What are we to make of this? : There is no question of a rift between Shia and Sunni, let alone such a rift being attributed to the battle (NOT WAR) between Hazrat Ali and Hazrat Ayesha (radhiyallahyu anhum). The reason why we cannot call this a ‘rift’ is that the Shia faction, which only came into existence after Hazrat Ali (radhiyallahu anhu), was never a legitimate and recognised group in Islam. Furthermore, the Shia sect owes its inception to the devious and sinister workings of the known hypocrite, Abdullah ibni Salool, and some of his supporters during and after the era of Sayyiduna Ali (radhiyallahu anhu). This faction had set itself up in opposition to mainstream Islam, even during the time referred to above, when there were still many Sahaaba alive. In such a scenario, one cannot refer to this as a rift or difference of opinion.

When a faction arises that does not enjoy Islamic sanction nor recognition by mainstream Muslims, it will be considered as a deviant and dissenting group. It will not be given Islamic legality or sanctity. That difference in ideology and opinion will be dismissed as insignificant and invalid. So the Battle of the Camel (as the abovementioned battle is known) had nothing to do with the Shia sect.

If you’ve read history from authentic books, then I am sure you would have read the causes of this battle.

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Today madresa history books have all these details, and more, such as

the Battle of Siffeen, the martyrdom of Hazrat Husain at Karbala (radhiyallahu anhu) and more. So these events are not kept away from Muslim children. The problem we encounter nowadays is that children are not going through the entire madesa syllabus. Due to excessive school work, sports, extra tuition, etc. madresa days and hours are cut short, resulting in our children not acquiring enough Islamic knowledge on the different subjects.

Likewise, the assassination of Hazrat Uthman (radhiyallahu anhu) by Muslims (not Sahaaba) is also part of history and is taught in the syllabus dealing with the Khilafat-eRaashida. What we are to make of all this is as follows: 1) Hazrat Uthman’s death was predicted by Rasoolullah 2) This planted the seed of disunity and factionalism among the Muslims till qiyaamat.

3) This was part of Allah’s Divine Plan that has great underlying wisdom which we cannot comprehend.

4) This was one of the signs of Qiyaamat mentioned in the hadith.

5) The Sahaaba, too, had to endure trials and tribulations and they taught us how to cope with political and emotional upheaval. Had this not happened, we would not have had guidelines and role models to follow. Such events paved the way for the formulation of fiqhi rules and regulations that latter-day governments could practice.

And Allah Ta’ala knows best.

Should Janazah Salaah be Q :read for a Shaheed?

A

: Janazah salaah must be read for a shaheed. However, there is no ghusl and no kafan for one who died in jihaad on condition that his body was not removed from the battlefield or the place where he was wounded.

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Kindly advise what is the reQ :quired notice period before giving lost items in charity to inform musallees of a musjid whom to contact in the event of items that are lost and found. : The finder of lost property should announce and publicise this for as long as he/they feel there are chances of the owner coming to collect the item/s. The maximum period is one year. If the item is not claimed within a year, it may be given to the poor.

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printed notice Q :i.e.Will(nota general specifying each item lost) placed on the musjid board suffice for this purpose? : 1. If circumstances prevail that strongly suggest the owner will not surface then it will be permissible to give the item away even before a year is up. For example, an item that belonged to a foreigner who has definitely left the country and circumstances suggest he or she will not return in the near future; in this case the item can be given away even after three months of advertising.

2.

If it is a perishable item, then it should be given in charity before such time that it decays or perishes, if it was not yet claimed by the owner.

3.

A general notice on the musjid board announcing the item/s found and providing a vague but not detailed description is sufficient. For example, if money was found in a wallet, the notice should read: A WALLET HAS BEEN FOUND. WILL THE OWNER PLEASE COLLECT FROM SO AND SO. The place where it was found will also be mentioned in a general sense. For example, if the wallet was found in the sehn of the musjid, the notice will read: WALLET FOUND INSIDE MUSJID AREA, or something similar.

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AL-FAROUQ NEWSLETTER VOL. 5 NO. 10

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4.

The claimant will have to provide details of the colour, type, and make of the item, where it was lost, as well as exact amount of money.

Q

: My father passed away and left a land on which stands a small house. We are 5 brothers and a sister-in-law. Father passed away first, then my elder brother, whose wife is with us, then my mother. Mother left a small sum of money. The house is too small to accommodate us all. How do we sort out our inheritance? : The shares will be as follows: The five brothers and sister in law will all share the house and the land equally. The share that we have allocated to the sister in law is actually her late husband’s share (i.e. your deceased brother’s share) that he inherited when his father died.

The five brothers will all inherit the small sum of money equally. The sister in law will not have a share in the money because her late husband died before his mother, so he did not inherit any money from his mother.

Since the house cannot accommodate all the heirs, here are a few options. You can consult your brothers and decide which one will suit you best. ► The house and land can be sold and the money divided equally among the six of you, as mentioned in point number 1 above. ► The house can be leased to a tenant and the rental will be divided among the six of you equally. ► The heirs who are presently occupying the house can pay a rental according to current market rates, which will be shared among all equally. When paying the rent, the heir or heirs will deduct the value of their share in the rental and the

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balance will go to the other heirs. ► One or more of the heirs can buy the house and land by paying out the other heirs the portion of their shares in the house. When doing this, the value of the house must be fixed according to current market prices.

IS FACEBOOK PERMISSIBLE?

A

. If Facebook is used to communicate with the opposite sex then this is Haraam. It is not permissible for a man to have ANY contact with a non-Mahram female, or a female to have contact with a non-Mahram male, be it telephonic, via sms, or mixit or facebook messaging. This is Zina of the fingers (typing out messages to a non-Mahram woman or a nonMahram man) just as it is Zina of the tongue to speak to him or her and Zina of the hands to touch and so forth.

Secondly, Islam teaches that any act that leads to sin or becomes the stepping stone towards sin is also sinful and must be avoided. If these factors are absent then it will be permissible to use facebook as long as the contents of the communication are permissible There are a few other practices common among Facebook users that are also Haraam. These are: spreading rumours about others; making Gheebat; exposing the faults of others; insulting others and hiding behind false names and identities; posting photographs.

If all these evils are avoided and people use it for lawful reasons or for Deeni purposes like Da’wah or answering of Islamic questions by qualified Ulema, then the use of Facebook will be permissible. Allah Ta'aala knows best. one buy a shampoo Q :thatCancontains benzyl alcohol?

A

. Yes, such shampoo is permissible to use. The alcohol that goes into shampoos, sprays, etc. is not impure. External use is permissible. and follow Q :theI amShafia diabetic mathab. My fidyah works out to be R375 for 30 days.

Can I pay this fidyah money to my father-in-law who is 65 and gets a grant and pension every month? . If the grant, pension, etc. which he receives is sufficient for him; the Fidyah cannot be given to him. If the grant, etc. is not sufficient for his needs and there is no family member (son, etc) to see to his needs, which is above his income, the Fidyah can be given to him. (Haashiyatul Bujayrami alal Khateeb 6:362; Al Majmu Sharhul Muhazzab 6:229)

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is able to stand Q :andA person make namaaz, but needs a chair to sit and make sujood, how should the chair be placed in the saff, and how should such a person stand? : In such a case, the musallee is allowed to sit and offer the namaaz behind the Imam. The back legs of the chair will be in line with the heels of other musallees.

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Is it permissible for a Q :woman in iddah to visit her sick uncle, or to attend a wedding of a close family member? : The Holy Quran prohibits a woman in iddah from leaving the home. It is, therefore, not permissible to leave home for these reasons while in iddah.

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is the Islamic ruling Q :onWhat power balance bands?

A: There is no scientific or real evident to support the claims manufacturers have made about this bracelet. Therefore, it appears to be (Continued on page 4)

AL-FAROUQ NEWSLETTER VOL. 5 NO. 10

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more of a lucky charm or amulet than a real object of benefit. On this basis we say it is not permissible to wear such a bracelet, because in the absence of any real benefit, the wearer is more likely to consider it a lucky talisman. This type of belief is prohibited in the hadith of Our Rasool (Alayhis-salaam) Later on we learnt that the manufacturers themselves had admitted that there is no scientific evidence to support the magical claims made about power balance bracelets. the ruling regardQ :ingWhatthe iscovering of feet in salaah for women? : According to the widely accepted view in the Hanafi math-hab, Salaah of a female is valid without the feet being covered. (Al Inaayah vol. 1, p. 418), though it is preferable for her to cover the feet, for there is minority among Hanafi Scholars who differ.

According to the Shaafi'ee Mathhab, the feet must be covered in Salaah. (Fiqhul Ibaadaat – Shaafi'ee vol. 1, p. 231).

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a person make Nikah Q :toCan two women at one time?

A

: Yes, it is permissible to make Nikah to two women at the same time. This means his Nikah to both women is solemnized in one ceremony simultaneously. one stood and urinated Q :forIf valid reasons, for example, due to the area being dirty thus making it difficult to sit, does ghusl become necessary after this? : In the above case ghusl is not necessary. However, if one notices splashes of urine on the legs or feet, then these should be washed off.

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In Islam what is the right Q :position for sex with the wife? : There is no particular position that Shari'ah has stipulated as the "right" position. Ulema and Jurists of the past have mentioned that one may have sexual intercourse with the wife in the usual position (man on top of the woman) or while lying on the side, or in the sitting posture, or from behind but penetrating the vagina.

All these positions are allowed.

Likewise it is permissible for the woman to be on top of the man during intercourse. There is nothing in Shari'ah that prohibits these postures. However, the Shariah stipulates that the couple should cover themselves with a large sheet or blanket so that even though their bodies are naked, the sheet or blanket provides concealment. They should not be totally exposed. Oral sex must also be avoided. It is also a major sin, one that earns Allah’s Wrath and Curse, to indulge in anal sex with the wife. Today some Muslims have inculcated this filthy act from the West. They should beware: Our Rasool has cursed such people.

May Allah Ta'aala grant us all the modesty of Islam, Aameen.

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The Sunnat Imam Maalik RA said that the Position of the Sunnah in Islam is like the Ship of Nabi Nooh . When the flood waters rose and raged, the only means of salvation was the Ship that Hazrat Nooh built. Today, when the waters of fitnah and corruption have begun to envelope us, our ONLY means of survival is The Sunnah of Sarwar-e-Kaa-inaat Hazrat Muhammd

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SHAAFI Q AND A Is ghusl necessary for one Q :who has drowned?

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: Yes, even a person who has drowned has to be given ghusl. to make a niyyat Q :forI forgot fasting at night, but woke up and had sehri. Is my fast valid? : Having sehri is in itself an intention of fasting. The fact that you woke up specifically for sehri and also partook of the sehri meal takes the place of an intention; hence, your fast is valid.

(Haashiyatul-Jumal)

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A man divorced his wife Q :three times. Is he obliged to provide her with expenses for the iddah? : In the Shaafi math-hab, a husband who gave his wife three talaaq must only provide accommodation for her, not any other expenses. (Al-FiqhulManhaji)

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dogs permissible Q :inIstheselling Shaafi’ math-hab?

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: Selling dogs is not permissible and money earned from such a sale is haraam. (AlMajmoo’) it permissible to hire Q :outIs musical instruments to non-Muslims? : This hiring is haraam and money earned in this is also haraam.

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Verily, those with the most love for me will be people who will come after me; each one of them will desire to see me and sacrifice for me his family and his wealth (Hadith from As-Shifaa)

AL-FAROUQ NEWSLETTER VOL. 5 NO. 10

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FROZEN CHICKENS (Continued from page 1)

obligation to exercise extreme caution in food consumption.

DE-CERTIFICATION Recently, the body that certifies ANCA chickens, South African National Halaal Authority, had to withdraw its certification due to internal problems in the company that resulted in Muslim slaughterers being asked to resign. In the absence of Muslim slaughterers it is clear that non-Muslims were asked to do the job, thus rendering all those chickens haraam. In a typical case such as this, some Muslims who were in the habit of selling or consuming these chickens may not have received notification of the de-certification of this plant and the subsequent announcement that the chickens were haraam for Muslim consumption.

As a result, the unaware would continue buying, selling, and consuming the product. Haraam food, even if ingested unintentionally, still affects the soul and heart of a Muslim, though he or she might not be sinful due to lack of intent to eat haraam. Eating haraam food while being fully aware that it is haraam, is a major sin. But consuming haraam inadvertently, though not sinful, is certainly detrimental to iemaan. It is, therefore, in the interests of Muslims to rather source their poultry products from suppliers that provide one hundred percent assurance with regards to Halaal slaughter.

Today there are numerous private suppliers who do their own slaughtering; it will be spiritually beneficial for Muslims to rather source chickens from such suppliers, provided we are confident that these individuals, too, are operating

within proper Islamic structures.

HEALTH RISK There was a huge uproar recently when it emerged that a certain poultry plant in South Africa was re-packing frozen chickens that had passed its expiry date. These frozen birds were washed, injected with brine, repacked, and given new expiry dates. The public was aghast upon discovering that they were being sold old, rebranded chickens. The reason for such reaction of horror and disgust was mainly because of the health hazard that this act presented to consumers. As Muslims, we have a bigger concern: the spiritual hazard that consuming haraam presents to our Rooh or Spiritual Soul.

Hence, any compromise in the Halaal status of food, or any discrepancy that surfaces in the Halaal operations of food outlets, should naturally trigger of a panic reaction among Muslims. Unfortunately, some Muslims are only galvanised into abstention from certain foods when there is danger to health. When our iemaan is threatened, the reaction is either none at all, or barely perceptible.

Yet, the effect of impairment to physical health is nowhere near the disaster that erupts when damage is inflicted on our iemaan. Physical ill-health is confined to this world, while iemaani damage continues even into the life hereafter.

What makes matters worse is that we can quickly perceive the former, but the latter is largely overlooked or under-estimated.

MUSLIM PLANT For years now the idea has been mooted of a national poultry plant owned and managed by Muslims.

It is time that Muslims businessmen, along with the guidance of Ulema, bring this idea to fruition.

Through The Benevolence and Grace of Allah Ta’ala, Muslims in South Africa have always enjoyed prosperous business prospects and substantial economic gains. They have entered almost all fields of commerce and trade in no small way, and have left an indelible mark on major industries in this country.

However, it appears that most Muslims are satisfied with the status quo on Halaal poultry supplies; hence the notion of establishing a fully fledged poultry operation has never taken off. As yet, the reality of such a need has not yet dawned. Well, it is still not too late. Such a venture would not only create jobs for Muslims, for it has to be a Muslim-only concern, but would also allow huge profits for investors and stake-holders.

And above all, it would serve to provide totally Halaal products to Muslim consumers, thus fulfilling a great Deeni need as well. After all, how many major businesses in our country have squandered money on enterprises that ended in total failure. It was deeply disappointing and profoundly dismaying to hear of big Muslim businesses spending huge sums of money on the recent world cup, an absolutely futile exercise that reaped zero rewards in terms of Deen and Iemaan. We, therefore, urge Muslim businessmen and entrepreneurs to consider expending their resources and access capital into a founding a venture of this nature for the Deeni benefit of all.

May Allah turn this dream into a reality in the not-so-distant future, aameen.

O Messengers! Eat of the halaal foods and perform righteous deeds. (Surah Muminoon)

AL-FAROUQ NEWSLETTER VOL. 5 NO. 10

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SEERAH The lifestyle of our Noble Prophet sallallahu alaihi wasallam plays an important role in enabling us to practice on The Quran and its teachings. Almighty Allah states: “Whatever the Messenger of Allah has brought to you, take hold of it. And whatever he has forbidden you, abstain therefrom.” (Surah Hashr) In view of this injunction it becomes imperative that we endeavour to adopt the living habits and styles of The Messenger of Allah, as well as his teachings. Only then may we claim that we are practising on the Glorious Quran. Another verse says: Whosover obeys the Prophet, has indeed obeyed Allah.”

This article contains some miscellaneous sunnats of the Holy Prophet sallallahu alaihi wasallam. May Allah grant us all the ability to practice on these aameen.

SUNNATS ON EATING 1) When Hazrat Asmaa, the daughter of Hazrat Abubakr (radhiyallahu anhum) was brought steaming hot food, she would leave it covered until the steam evaporated, and she says: “I heard Rasoolullah (sallallahu alaihi wasallam) say: “This brings more barkat in the food.”

From the above we learn that food should not be eaten steaming hot. This by no means implies that one should eat cold food.

2) Rasoolullah (sallallahu alaihi wasallam) used to emphasise the partaking of supper, even if it be a

handful of dates, and he said: “Missing out supper precipitates old age.”

3) Hazrat Jabir (radhiyallahu anhu) narrates that Rasoolullah (sallallahu alaihi wasallam) said: “When a morsel falls from the hand, wipe of the dirt and eat it, and do not leave it for Shaytaan.”

4) Rasoolullah (sallallahu alaihi wasallam) prohibited sleeping immediately after meals, for he says this causes hardness of the heart.

This means that one should wait a while after eating before lying down to rest.

5) Hazrat Wahshi bin Harb (radhiyallahu anhu) reports that once the Sahaba said to Rasoolullah (sallallahu alaihi wasallam): O Messenger of Allah!

We eat but never get filled. Rasoolullah (sallallahu alaihi wasallam) said: “Most probably you are eating all separate.” They replied in the affirmative. He then said: “Eat you food together and take the name of Allah and you will be granted barkat.”

The Sahaba had very little food hence they could never fill their stomachs. However, by eating together and taking the name of Allah before meals, that little food would not only suffice but would also be very filling.

6) When fruit was brought to Rasoolullah (sallallahu alaihi wasallam) he would say the following: “O Allah! Like you showed us its beginning, show us its end (the last fruits of the season).” He would then give some fruit to the smallest child near him.

(Extracted from the book USWA-E-RASOOL by Hazrat Moulana Abdul-Hayy rahmatullahi alaihi)

THE ATHAN BEFORE THE KHUTBA Nowadays it is common practice in many masaajid for the muathin to call out the second khutba of Juma while standing next to the mimbar instead of in front of it.

This is wrong and contrary to the sunnat. According to all mathhabs, the muathin who calls out athaan before the Juma’ khutba must stand in line with the mimbar, facing the Imam who is seated on the mimbar. Even if the

muathin stands in the second or third saff, or even right at the back of the musjid, it is permissible as long as he is in line with the mimbar and facing the khateeb. We reiterate, it is a practice against the Sunnah of our Rasool to stand to the side of the mimbar when giving this athaan. We appeal to Imams and Khateebs to rectify this wrong by notifying the muathin’s in their respective masaajid.

COMING LATE FOR JUMU’AH A common habit of many musallees is late arrival for Friday prayers. Some walk in just before the khutba, while others enter while the khutba is in progress. According to the Holy Quran, Surah Jumu’ah, verse 11, once the athaan goes for Jumu’ah, Muslim males should stop whatever they are doing and proceed towards the Musjid where Jumu’ah salaah is to be offered.

This entails arriving at the Musjid soon after the athaan. There is greater reward in arriving before the Athaan.

Any unnecessary delay will be contrary to the command of the Holy Quran.

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FIQH MENARCHE Menarche is the first bleeding a girl experiences, which can render her a baaligha or one who has attained puberty. The minimum age at which a girl can experience menarche or first menstruation is 9 years, though generally girls start menstruating from the age of about twelve.

When a young girl has a flow of three days or more, that will be considered as haidh and she will then be regarded as a baaligha or a legal adult. All laws of Shariah are applicable to her, such as, wudhu, ghusl, salaah, fasting, zakaat, hajj, and qurbani. Note that the last three injunctions depend on the financial status of the girl.

The bleeding experienced by a girl under nine is not haidh and she will not become baaligha through such bleeding.

A girl has her first flow of blood for a few hours only, or for one or two days, after which it stops completely; she then remains clean for the next 14 days, after which she starts spotting or has full bleeding; such a girl must consider her haidh as the first ten days commencing from the first flow that she had. The rest of the days will be istihaadha. This number of days (10) will also set the trend for her next flow; i.e., she will regard her cycle as 10 days for the future, unless her pattern changes in the next menstruation.

From this we learn that as a cautionary measure, a girl

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t is sad to note the conduct of some Muslims at the graveyard whilst awaiting the burial. People will laugh, stand around talking worldly matters, or spend time to meet and greet old acquaintances. Such behaviour is totally unbecoming of Muslims and contrary to the Sunnah of our Beloved Rasool .

At the time of burying someone, when the qabr was filled, the Messenger of Allah would ask the people standing around to make istighfaar for the deceased because

who starts off in the above manner (with a few hours flow and then 14 days clean), should have a ghusl after 10 days, even if she has not experienced any more bleeding. This is a precaution, because if she resumes bleeding again after 14 days, it means her haidh ended after ten days; and ghusl has to be made after 10 days.

Since she will only come to know this when there is a resumption of the flow after 14 days, it is safe to bath after the first 10 days, so that her salaah etc after that will be valid. If later on it turns out that there was no further flow and she has not yet attained puberty, then one extra bath won’t do her any harm.

It is sunnat for a virgin and a non-virgin to wear the kursuf during haidh. For the latter, it is mustahabb to wear it continuously, since a woman who is no longer a virgin is prone to sudden discharge. (Kursuf is the Arabic word for a pad or any material placed over the inner labia to absorb discharge) If a woman who is experiencing menses wears a pad at night and in the morning sees it completely white, she will be considered clean from the night, not from the time that she removed the pad. Therefore, if she had not read the Eshaa salaah for that night, she will have to observe the qadhaa of that Eshaa. (Manhalul-Wāridīn of Allama Ibni Aabideen , page 19) On the contrary, if a clean woman wears a pad at night and notices blood on it in the morning, her menstruation would start from that point onwards, i.e. from the time she saw the blood and not when she actually wore the pad. (Ibid)

his or her questioning in the grave would soon begin. On the contrary, today people wait for the Imam to do all the reading and dua, while they just stand silently and idly looking on.

PROPER PROCEDURE First and foremost, it is extremely important to adopt a solemn and serious attitude right from the time the janaaza salaah is read. From that point onwards, use the moments to reflect on one’s own journey to the hereafter. Put yourself in place of the deceased. Imagine

you are the one shrouded in kafan and being transported on the shoulders of people towards your final resting place. In an earlier edition of Al-Farouq we had already explained details of how a janaaza should be carried. When entering the cemetery, do so with utmost respect and sobriety. Read the salaam for the inmates. While awaiting the lowering of the body into the grave and subsequent casting of sand, do not engage in idle talk. Instead, recite Surah Yaseen softly and forward the reward to the dead. One may recite other surahs as well, and send reward to the dead.

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any law or regulation that is not consistent with it. We, therefore, have to contend with State interference in matters of Shariah.

Should such interference not alter or convolute the Divine Shariah, we will support it to the fullest.

But anything to the contrary will be opposed with equal vehemence.

In the fight for a limited number of rights, it is not permissible nor even reasonable, to jettison a whole array of Shar’ee injunctions and run the risk of transmutation of Allah’s Deen. It is therefore necessary to weigh the pros and cons of this Bill.

The Quranic principle in gauging the extent of Shar’ee compliance of any practice or institution is to counterbalance its benefits against its harms or disadvantages. We need to apply this Quranic principle to the contents of the Muslim Marriages Bill.

SHAR’EE DISCREPANCIES A study of the Muslim Marriages Bill will reveal a number of serious Shar’ee violations which had to be incorporated into the Bill to make it compliant with certain Constitutional requirements. These contentious issues, as well as alternative proposals, will be brought to public attention in due course.

The Muslim Marriages Bill is a document that seemingly safeguards the rights of Muslims related to Nikah and similar matters.

It is, therefore, only reasonable that a Bill of this nature should never deviate from the very Shariah it claims to protect. How can a set of rules be deemed feasible to protect Islamic rights when the bulk of it actually contradicts Shariah?

This Bill, should it become part of government legislation, will affect

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the lives of every Muslim in this country; hence it is of paramount importance that Muslims acquaint themselves with the facts related to the Muslim Marriages Bill.

The Muslim Marriages Bill has been under debate since 2003, when the first Draft was submitted to the Minister of Justice for approval. In the interim, there has emerged a steady groundswell of dissent to the Bill, in consequence of which the draft Bill itself had undergone a number of changes and omissions. The implementation of a Bill of this nature is obviously a totally new concept and an absolutely untried and untested exercise. It is precisely for this reason that we find such a broad spectrum of diverse opinion and prolific academic debate.

scored when a matter is taken on appeal to the Supreme Court of Appeal, or is challenged by affected people in the Constitutional Court. In fact, this factor represents a far more serious challenge to Muslims than the actual contents of the Bill. How the Supreme Court of Appeal or the Constitutional Court will handle an appeal or interpret the provisions of the Bill in the light of South African Constitution is totally unpredictable. The risks are too high for Muslims to underestimate the powers of these two highest judicial bodies of the country. Judicial machinations of the State are not governed or directed by religion, instead they function strictly according to the Constitution and Bill of Rights.

Like any other piece of legislation, the Bill contains a number of legal and administrative requirements, which we understand have to be made mandatory. We have no qualms with these requirements.

Our fight is against those clauses that clearly interfere with Shariah Law, or that circumscribe to Muslims which Shar’ee laws they may practice and which they may not, or that impose legislation that clashes with Shariah or violates injunctions of Quran and Sunnah.

TO LOGDE OBJECTIONS AGAINST THE BILL, SEE DETAILS ON PAGE 12 For further information on the Bill or constructive suggestions and comments, readers are welcome to contact us via email or fax. These details also appear on page 12.

CONSTITUTION

Luqman gave this advice to his son:

It is clear from certain clauses in the Bill that the Constitution reigns supreme, and the Divine Law of Shariah will always operate under the aegis and supremacy of the country’s constitution. As long as this status remains, there are no guarantees that Shariah will be protected and ring-fenced from interpolation and tampering. This is not guaranteed by the Bill, and is, therefore, highly contentious.

O My beloved son!

Cling fast to the gatherings of Ulema, and listen with heed to the words of the Wise People. For indeed their speech revives the dead heart like water revives barren land.

The above fear is further under-

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One of the most daunting challenges that confronts Muslims today is, undoubtedly, living as a Muslim in a non-Muslim society. Indeed, to maintain our true Islamic identity whilst being surrounded by unIslamic elements and trends is a herculean task by any measure of means. But the rewards for such an effort are phenomenal. Today Muslims are surrounded by non-Muslims and their culture. This is a de facto situation that we cannot run away from. We, as true follows of Islam, shall have to rise to this challenge and learnt to acquit ourselves in these circumstances as admirably as we can. A trial of this nature will bring out the best of us, especially when we adopt an approach of sincerity and dedication, Insha Allah For the first millennium of the Hijri calendar, Muslims lived among Muslims, in Muslim lands and under Muslim rule. Their lives were governed by Islam; they enjoyed the sanctity of the Islamic State and they ran their affairs in accordance with Shariah. Gradually, with the decline of the Khilafat, the cessation of Jihad, and the inevitable dissension among their ranks, Muslims had to contend with living under kuffar domination. They had to abide by the rules of non-Muslim leaders, and had to live in and around non-Muslim societies. With the progress of time and the expansion of non -Muslim rule, more and more Muslims were settling under non-Muslim governments. This gave rise to much religious tension and political struggle. However, the biggest concern that such a scenario presented to Muslims was a total integration into nonMuslim societal circles, the likes of which we in South Africa are now facing. It is, therefore, essential and vital to our iemaan that Muslims be acquainted with the conduct and character they need to develop in order to maintain their Islamic identity in the environment they live in. Integration and deep interaction threatens to strip the minority of its culture and identity.

PRESERVING ISLAMIC IDENTITY

Allah Ta’ala states in the Holy Quran: Adopt the Colour of Allah; and Who can have a better Colour than Allah.

(Surah Baqarah, verse 138) In another verse Allah Ta’ala says: So establish your direction towards the Deen (of Allah) with pure tauheed. (This Deen is) the Fitrah of Allah upon which He (originally) created people. (Surah Rūm, verse 30) The “colour” of Allah as well as the “fitrah” mentioned in the aayaat above refer to the nature and culture of Islam. This is the Natural Deen that Allah Ta’ala has ordained for mankind, and which followers of Islam have adopted. It is only through the preservation of this culture and Deen that Muslims can maintain their Islamic identity in spite of integration with society.

Every era sees a new fitnah or threat to Islamic principles and beliefs. It is a constant struggle for conscientious Muslims to hold fast on to these Divine principles. Rasoolullah “A time will dawn upon people wherein one among them who will remain steadfast on Deen will be like one who holds on to burning coal” (Tirmizhi) Once, addressing the Sahaaba, The Messenger of Allah said: “To remain steadfast on Deen during these approaching days of fitnah is like holding on to a burning coal. For one who practices on his Deen during these times there is the reward of fifty men among you.” (Sunanul Kubraa of Imam Bayhaqi) This hadith is indeed most encouraging for people of our times. It firstly indicates how accurately The Rasool of Allah forecast the arrival of an era where it will be difficult to maintain a grip on Deen. Secondly, reward for one who practices on Deen during times of trial and tribulation, is equivalent to the good deeds of fifty men among the Sahaaba! The Sahaaba or Companions of Our Rasool were spiritual giants and the most illustrious of this Ummah. Yet, we can achieve similar rewards by clinging fast to our Deen during times of fitnah. This alone should serve as a great motivation to all. It is with grave concern that we notice Muslims of today falling prey to this integration. In some circles Muslims have become so assimilated into non-Muslim society

PAGE 9 that very little trace of Islam remains behind. This has happened in Europe and many Western Countries, and it is happening in South Africa on a growing scale. To maintain a firm hold on Deen at any given time, there are four very effective principles that we must adhere to: • Revival of the Sunnah in our lives, albeit on a small scale. Try to practice on the most commonplace Sunnah of Our Rasool . Even if we introduce one sunnah a week, this will lead to steadfastness on Deen.

• Spending time in the company of the Ulema. The Ulema, whose duty it is to guide and educate people in Islam, are your main source of Islamic knowledge and spiritual enlightenment. The societies referred to above, who seemed to have lost direction and were swallowed up by foreign cultures, lacked this important source of guidance. They had few or no Ulema among them to serve as beacons of Deen and Divine Guidance. A community with Ulema among them should offer profound thanks to Allah.

• Strict adherence to Salaah. No matter where a Muslim might be, and regardless of the circumstances that prevail, salaah must never be neglected. Regular prayer is the axis on which our entire spiritual and Deeni lives rotate.

• Abstain from haraam earnings and haraam food. When the body is fed haraam, the spiritual senses are dulled and paralysed, thus preventing one from executing good deeds and refraining from sin. Of particular concern, and a spin-off from this societal integration, is the large volume of haraam earnings found among Muslims. From buying stolen goods to usurpation of inheritance, Muslim men and women indulge freely and unashamedly in haraam wheeling and dealing. These are all the effects of the kuffar environment we live in.

Finally, a great lesson, relevant to the topic, is delivered to us in the following Statement of Allah Ta’ala: O Believers! Take control of your selves, then those who are gone astray will not harm you when you have attained guidance. (Surah Maa-idah) This verse effectively established the formula of living in an environment of spiritual danger: Empower yourself with Islamic culture and guidance, thus creating a bulwark against the onslaught of evil and sin.

AL-FAROUQ NEWSLETTER VOL. 5 NO. 10

Almighty Allah states in the Holy Quran:

Each day he is in a different Shaan (Surah Rahman, verse 29) The term “SHAAN” in relation to Allah means a matter, activity, action or decision. Each day Allah Ta’ala brings about something new in this world. One day he elevates, the next He relegates. Today He makes someone honorific, tomorrow the same person becomes horrific. He raises and lowers, and promotes and demotes. This is the Divine Shaan of Our Allah.

THE HOLY QURAN STATES:

O Allah! The Master of All Kingdom, You grant kingdom to whoever you wish and you snatch away kingdom from whoever You wish; You grant respect to whoever You wish and You disgrace whoever You wish. In Your Hands lie All Good. Surely, You have complete control over all things. (Surah Aala Imraan) Over the last few weeks, events in different parts of the globe confirm this Divine Shaan of Allah Azza Wa Jall, the Ruler of all Rulers.

PAKISTAN’ EX-PRESIDENT An anti-terrorism court judge in Pakistan has issued an arrest warrant for Pervez Musharraf, the country's former military ruler, in connection with the 2007 assassination of Benazir Bhutto, officials say. Bhutto, a former prime minister and leader of the Pakistan People's Party (PPP), was killed in December 2007 in a gun-andsuicide-bomb blast during a rally,

just weeks after returning to Pakistan to campaign in new elections.

Many of her supporters accuse Musharraf of not doing enough to ensure her protection. "Judge Rana Nisar Ahmad has issued a nonbail abl e warr ant for f or mer President Pervez Musharraf and directed him to appear before the court on February 19," Chaudhry Zulfiqar Ali, a public prosecutor, told AFP on Saturday.

He said "a joint investigation team that had been formed to probe the assassination said in its report Musharraf had involvement in the case and was equally responsible".

After the closed-door hearing that took place in Rawalpindi's Adiala prison, Ali said: "The report said it was a broad conspiracy involving Pervez Musharraf, two police officials and terrorists."

AMERICA’S EX-RULER Bush’s Shrinking World: Former President George W. Bush has been forced to cancel a planned trip to Switzerland after human rights attorneys threatened to take legal action against him for sanctioning the use of torture. The Center for Constitutional Rights said they had planned to bring a complaint on behalf of two men who were tortured by U.S. interrogators and held at the military base at Guantánamo Bay, Cuba. "It was disappointing that we’re not able to actually prosecute him," says CCR legal director Bill Quigley. "But I think it has shown worldwide that even though he was the president of the United States, if you engage in torture... there are consequences."

EGYPTS’S EX-PRESIDENT No Eid for Mubarak: CAIRO– The sounds of freedom continue to ring through Cairo, twenty-four hours after Hosni Mubarak was forced to resign by the aweinspiring resilience and courage of millions of Egyptians who poured onto the streets in unprecedented numbers for 18 continuous days.

PAGE 10

After three decades of authoritarian rule, the impossible has come to pass; the hated dictator has left the country and his notorious police force has all but vanished. The almost overnight deposition of Hosni Mubarak, was triggered by a 26-year-old female Egyptian activist who began posting videos pn the internet calling for people to demonstrate against the regime in Tahrir Square. The unimaginable response to this call and its consequences are now history. The mainly Muslim Egyptian public revolted against the Mubarak regime for the following reasons: Its close ties with the tyrannical Israeli regime; It’s continuous support of, and involvement in America’s renditions program.

It’s continuous torture of prisoners.

Continuous harassment of orthodox Ulema A great lesson to glean from these episodes, which are but a few among many in the annals of history, (and others are still to follow) is that no worldly position or post is secure. The tables can be turned any time, if Allah so Wills. For this reason, a Muslim always lives under the fear of Allah.

Wealth, fame, rank, and honour are all relative to the Decree of Allah. If that decree goes against the individual, all these worldly machinations of power and control will cease. Let each Muslim absorb and understand this reality; Insha Allah, such realization will go far in eliminating from within our selves the evils of pride, jealousy, arrogance, and love for dunya

Did you (rulers) not swear before that nothing can remove you? (Surah Ibraheem, verse 44)

AL-FAROUQ NEWSLETTER VOL. 5 NO. 10

IMPORTANT QUESTION ON LOVE BETWEEN SPOUSES What does the Quraan say Q :about how a man should feel towards his wife? Is it mentioned anywhere that he should ‘love’ his wife? Or is the wife just meant to be "cared" for and is she just a ‘responsibility’?

This would really help to understand what to expect from a marital relationship. . Islam teaches a husband that he must care for his wife, fulfil her needs, be kind to her, treat her with respect and dignity, that it also emphasizes that she is his responsibility in terms of fulfilling her worldly rights and needs. The sphere of responsibility is not dependent on love, for some husbands do all the above but never show love to their wives.

Love is an emotion that builds up over a period of time, based on reasons that motivate and generate such love If a wife does not possess qualities that will make the husband love her, is neglectful of her duties and responsibilities, then love is not going to happen between them. In the same vein, if the husband does not possess qualities to make his wife love him and is neglectful of his duties and responsibilities towards her, she will not develop love for him. As regards marital obligations, this is not wholly dependent on love.

Whether the spouses love each other or not, both have to fulfil their duties and responsibilities towards each other. In other words, love is not a condition for the fulfilment of marital obligations. But certainly is a strong motivating factor.

A

Rasoolullah said: There is nothing like Nikah for two people who love each other. This hadith means that that love is an essential part of Nikah and perfect medium through which a couple can express their love (to the exclusion

of love outside Nikah). The Holy Qur'aan states: And among His Signs (one) is that He created for you, from among your own kind, partners so that you may find comfort in them; and He has established between you (spouses) love and mercy. (Surah Rum, verse 21) Another verse states: It is He who created you from one soul (i.e.

Adam Alayhis Salaam) and then made from that soul its spouse so that he (Adam) may find solace in that (female) spouse. (Surah A’raaf, verse 189) Elsewhere, the Holy Qur'aan teaches: And live with wives in kindness (Surah Nisaa', verse 19) All the above quotations of Allah and His Rasool clearly spell out the key ingredients of marriage: love, kindness, affection, and compassion. The one spouse should find solace in the other; they should mutually console and comfort each other.; they should complement each other by sharing feelings of compassion and kindness. For this to become a reality in marriage, the bond should not be a cold and informal one; one that is based on material considerations only; instead, there should be bouts of love and kinship, of kindness and affinity, of caring and compassion.

Without these key elements, the marriage is doomed to failure. The other aspects such as provision of food, drink, accommodation, expenses, etc are additional forms of support for the physical needs of the wife, whereas the key ingredients mentioned earlier make up the spiritual, emotional, and psychological needs of the wife. Sometimes, the latter is more important that the former.

A VALUABLE TIP Here is a wonderful tip for wives who wish to endear themselves to their husbands and entrench those feelings of love and affection: Always co-operate with the husband in matters that are not contrary to Shariah, even if it means sacrific-

PAGE 11

ing your own feelings and emotions. Such co-operation proves to him that the wife is supportive of all his endeavours and plans.

Many marital battles that erupt between spouses are sparked of by lack of co-operation from the wife, or her failure to display enough care and feeling for the husband.

Allah grant all married couples a truly blissful marriage, aameen.

BUSINESS PARTNERSHIPS A PASSIONATE APPEAL In recent times, we were called upon to rule on business partnerships that turned sour and had to be dissolved. The common problem we encountered in all these cases is lack of Shar’ee compliancy from the outset. Our Muslims go into partnerships without proper Shar’ee guidance. They then structure agreements and contracts that are not in conformity to Islamic principles. When the partnership breaks up, the Ulema are then approached for a ruling. But when the initial agreement was not compliant with Shariah it becomes extremely difficult to give a clear and proper ruling.

This appeal, therefore, goes out to all prospective partners in any business enterprise: before venturing into any partnership we advise that they approach an Aalim or Mufti beforehand to understand the principles that govern the different types of partnerships. Such an arrangement will also prevent animosity and discord that results between friends and associates from a partnership that has gone sour.

Insha Allah, we intend hosting a seminar for all interested parties wherein Shar’ee principles of partnership and related matters will be discussed. There will be a forum for questions as well.

Details of this meeting will be released to the public in due course, Insha Allah.

AL-FAROUQ NEWSLETTER VOL. 5 NO. 10

PAGE 12

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It is the democratic right of every citizen to either accept or reject the proposed Muslim Marriages Bill.

Remember that this Bill was mooted and proposed by sectors of the Muslim public. It is not the State who wishes to impose this Bill on Muslims. As we shall soon outline when we write about the history of the Bill, it were modernists Muslims who initially launched a campaign for the recognition of Muslim Marriages, in consequence of which the South African government asked for a Draft Bill to be drawn up. The

government has since left it up to the Muslim public to decide whether they want this Bill or not.

The fate of this Bill, therefore, lies in the hands of every Muslim citizen in South Africa.

The deadline for objections is 15 March this year. To lodge your objection write to the address that appears below stating that you believe the proposed Muslim Marriages Bill will not be suitable for Muslims and that such a Bill poses a threat to the preservation of Muslim Personal Law among future generations. Objectors are

welcome to echo some of the sentiments mentioned in our front page article.

Send in objections to: The Minister of Justice and Constitutional Development c/o Mr. T. N. Matibe Private Bag X81, Pretoria 0001 Fax: 086 648 7766 Email: TMatibe@justice.gov.za Please note that instead of signing a petition or adding your name to a list of objectors, it is far more effective to send in individual objections in your personal capacity.

The government listens to the voice of every citizen.

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