Jul
29
2010
0

Îlâ’ or Taking an oath on not going to one’s wife

1. A person takes an oath and says: “I swear by Allah that I will not engage in sexual intercourse”, “I swear by Allah that I will never have sex with you”, “I take an oath that I will not have sex with you.” Alternately, he takes an oath that is similar in meaning to the above-mentioned oaths. The rule with regard to this is that if he does not engage in sexual intercourse with her, talâqul bâ’in will take place on the expiry of four months. Without remarrying, they cannot live as husband and wife. But if the husband breaks his oath within four months and has sexual intercourse with his wife, divorce will not take place. However, he will have to pay the kaffârah for breaking his oath. In the Sharî‘ah, such an oath is called ’îlâ’ (which literally means “oath”).

Jul
28
2010
0

The Disposal Of Interest Money

Q. Observing Muslims all over the world which, unfortunately includes those living in Muslim countries, face the problems brought before them by unwanted interest money generated in their name through channels they do not control. This happens inspite of their being careful against whatever is likely to get them involved in interest bearing activity.

In case, interest does come into their accounts, no matter how unwanted, is there a valid way under the Shariah through which the identified interest amount can be disposed off?

1. Can it be taken out of the account and used to pay personal or company income tax.?

Jul
27
2010
0

Revoking a Talâqur Raj’î

1. When the husband issues one or two divorces that are raj’î, he has the choice or right to revoke such a divorce before the expiry of the wife’s ‘iddah. In such a case, there is no need to renew the nikâh. The woman has no choice in this matter – he can revoke the divorce irrespective of whether she agrees or not. But if he issues three divorces, he has no choice of revoking the divorce as explained previously.

Jul
26
2010
0

Economics of the Islamic State (Government)

Q. (i) Does the interest on loans floated by the Government to meet national requirements come under Riba?

(ii) What alternative can be suggested for the banks in case they grant loans without interest for various requirements?

A. (i) Yes the Qur’anic injunctions regarding the prohibition of interest is general. The interest is prohibited both in the public and private sectors and for all types of purposes. Any excess payment made over and above the principal amount is Riba and is thus Haraam. For more details see the answer to the question (1).

Jul
25
2010
0

Divorce issued by the Sick

1. While a person was sick, he divorced his wife. Prior to the expiry of her ‘iddah, he passed away. This wife of his is entitled to receive her share of inheritance from the wealth of her husband. This is irrespective of whether he issued one divorce, two or three divorces. And irrespective of whether he issued talâqur raj’î or talâqul bâ’in – she is still entitled to receive her share of the inheritance. If the husband dies after the completion of her ‘iddah, she will not receive any inheritance. Similarly, if the husband does not die from this illness, but recovers and then falls ill again, even then she will not receive any inheritance. This is irrespective of whether she had completed her ‘iddah or not.

Written by Maulana Ashraf Ali Thanwi in: Bahishti Zewar,Fiqh,Part 4-Nikah (Marriage) in Islam | Tags: , , , , ,
Jul
24
2010
0

Interest free Banking Model

Q. If banking is based on interest-free transactions, what would be its basic practical shape in conformity with the injunctions of Islam?

A. Practically, the interest-free banking system can be structured on tripartite arrangement, between depositors, banks and borrowers. The nature of arrangement will very in different cases as summarised below :

Jul
23
2010
0

Conditional Divorce

1. Prior to marrying a woman, a person said: “If I marry you, you are divorced.” If the person happens to marry this woman, one talâqul bâ’in will take place the moment the nikâh is performed. Now, he cannot keep her without remarrying her. If he said: “If I marry you, you are divorced two times”, two talâqul bâ’in will take place. If he issued three divorces, three will take place and it will be talâqul mughallazah.

Jul
22
2010
0

On Fiscal Laws

Q. What is the deifinition of Riba according to the Holy Quran and Sunnah of the Holy Prophet ( Sallaho Alaihai Wasallam ). Does it cover the simple and compound interest existing in the present day financial transactions?

A. The word, Riba as understood from the Holy Qur’an and Sunnah, is any extra payment received over and above the prin- cipal amount, regardless of the fact that extra amount is significant or insignificant. Islam, therefore, considers the Riba Haraam, in all of its forms.

The Fuqaha have given two interpretations of the word, Riba, : Riba-al-Nasia and Riba al Fadl.

Jul
21
2010
0

Issuing Three Talaqs

1. If a man issues three divorces to his wife, she becomes completely haram for him. Even if they renew their nikâh, it will be harâm for this woman to live with him. This nikâh will not be valid irrespective of whether the three divorces were issued in clear terms or in vague terms. If a woman who has been issued three divorces wishes to live with her first husband and wishes to remarry him, there is only one way in doing this. That is, she will have to marry another person, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her ‘iddah. Upon completing her ‘iddah, she can remarry her first husband. Without marrying a second person, she cannot remarry her first husband. If she marries a second person, but he passed away before he could engage in sexual intercourse with her or divorced her before engaging in sexual intercourse with her, then this will not be considered. She can only marry her first husband when her second husband has intercourse with her. Without this intercourse, she cannot remarry her first husband. Understand this well.

Jul
20
2010
0

Adjustment Of Interest Against The Loss Of Prinicipal

Q. In response to my question, you have replied in the Albalagh International-November 1991 issue – that I can adjust the interest money received earlier against the loss of my principal amounts in BCCI, your reply, I assume, is based on the assumption that I want to adjust the interest received earlier “FROM BCCI” against the expected loss of principal amount deposited with BCCI. Suppose the interest was not received from BCCI or only partly received from BCCI. Now the question is that can I adjust such interest amount against the loss of principal in BCCI?.
(M. S. Desai, Saudi Arabia)

Pages: Prev 1 2 ...4 5 6 ...114 115 Next

Design by Design n Host for Read Islamic Books