Author: Abu Zeenat Afdal

Question # 182: Divorce in Civil Court

Question # 182: What is the standing of divorce in a civil court from Islamic perspective? Bismi-llahi r-raḥmani r-raḥīm, Assalamu ‘laikum warahmatullahi wabarakatuh, All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم). Dear questioner, First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake. Answer: Applying for divorce by the husband (to the civil court) is an initiation of divorce and a delegation of the judge to issue the divorce on behalf of the husband. Consequently, the wife is Islamically divorced when the non-Muslim judge issues the divorce decree, as the husband is the one who authorized him to do so. If the husband was the one who applied for divorce to the civil court, then the divorce decree issued by the judge is Islamically genuine and valid. This is because the husband is the only one who has the right to issue divorce in Islam (except in a very few cases where the Muslim judge can interfere). So, when the husband designates someone or asks somebody else to initiate divorce on his behalf, then this kind authorization is valid. Obviously, it is not the case if the wife was the one who applied for the civil divorce. When she gets her...

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Question # 181: Etiquettes of making Du’aa (supplication)

Question # 181: I want to know what’s the best way to make dua’a and what I need to say to make it perfect, when I am speaking to Allah? Bismi-llahi r-raḥmani r-raḥīm, Assalamu ‘laikum warahmatullahi wabarakatuh, All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم). Dear questioner, First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake. Shorter Answer: The following are some of the Pre-conditions needed for du’aa: The realization that only Allah responds to du’aa and if it is directed to other than Allah, becomes the greatest form of shirk; Du’aa should be continuous, and that a person should avoid giving up du’aa just because it has not been responded; It is essential that du’aa is for something pure and good; Person making du’aa should have the best of intentions for whatever he/she is asking; Person making du’aa should call out with a sincere heart to his Creator as Allah does not respond to du’aa that originates from a negligent, inattentive heart; and Purity and lawfulness of one’s food.  The following are some of the etiquettes of Du’aa: Praising Allah before the Du’aa, and Praying upon the Prophet (صلى الله عليه و سلم); Raising hands to the level of...

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Question # 180: Trimming or Shaving Moustache

Question # 180: I see many Muslim brothers (especially Hanafi brothers) who shaved their moustaches. What is the Islamic ruling in this regard? Bismi-llahi r-raḥmani r-raḥīm, Assalamu ‘laikum warahmatullahi wabarakatuh, All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم). Dear questioner, First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake. Shorter Answer: The scholars differed concerning the Sunnah regarding the trimming or shaving of moustache: According to Hanafis and Hanbalis, it is Sunnah to shave it off altogether. According to Malikis and Shafi’is, the Sunnah is to only trim the moustache and it is makrooh to shave it off completely. Imam Malik was very strict about this and regarded it as mutilation for which a person deserved to be disciplined. He said that shaving it was a bid’ah (innovation) which had appeared among the people; whereas, Imam Ahmad said that if one shaves it, there is nothing wrong with it and if one cuts it, there is nothing wrong with it. Al-Nawawi said that the guideline on trimming the moustache is that it should be trimmed so that the edge of the lip can be seen, but it should not be shaved off completely. It was narrated that al-Mugheerah ibn Shu’bah...

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Question # 179: Voting by Muslims living in Non-Muslim System

Question # 179: Is voting allowed in Islam for Muslims living in non-Muslim countries? Bismi-llahi r-raḥmani r-raḥīm, Assalamu ‘laikum warahmatullahi wabarakatuh, All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم). Dear questioner, First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake. Shorter Answer: It is permissible for a Muslim who enjoys the rights of citizenship in a non-Muslim country to take part in elections and the like because it is more likely that his participation will bring benefits such as presenting a true picture of Islam, defending Muslim issues in that country, supporting the rights of religious and other minorities, strengthening their role in circles of influence, and cooperating with reasonable, fair-minded people on a basis of truth and justice. Indeed, abstention from voting is essentially indirect voting as in abstaining to vote, one has implicitly accepted the principle of voting. Moreover, abstention from voting sometimes causes more harm than voting itself.  Long Answer: According to Dr. Jamal Badawi, a leading North American Islamic scholar, professor and author, the issue of participation in the political process [i.e., election] is contingent on at least the following three different situations: One is to participate in a Muslim country which is ruling according to...

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Question # 178: Concealing facts in Sales Transaction

Question # 178: Assalaamualaykum, Is not mentioning the truth the same as lying? If I’m selling something and the buyer asks me questions and I answer all of them truthfully but I don’t tell him anything extra which may be important, would it be wrong? For e.g. if I’m selling a car and it does not have original paint but the buyer never asks me about it and I don’t tell him about it, would I be lying/cheating or not? Bismi-llahi r-raḥmani r-raḥīm, Assalamu ‘laikum warahmatullahi wabarakatuh, All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم). Dear questioner, First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake. Shorter Answer: The one who sells an item in which there is a fault must point out its faults, whether he is selling it to a Muslim or a disbeliever (kaafir), otherwise he will be deceiving and sinning. Hence, not mentioning the truth is equivalent to lying as Prophet (صلى الله عليه و سلم) said: “The two parties to a transaction have the option (of cancelling it) until they part. If they are honest and disclose any defects, their transaction will be blessed, but if they lie and conceal defects the blessing will be erased.” Hence,...

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