Questions-Responses on Jurisprudence
(Translated into English by Mr Taoufiq GAZOULIT)
Renewable energies of Islam
7- QUESTION : Dear brother, I am allowing myself to write to you with the aim to having a clear opinion about the Sharia. , in order to get an accommodation for me and my family, in view of my income,I have to get a loan with interes from a bank. This means a serious problem of conscience for me, because the loan with interest is similar or rather a Riba, it is illegal oua alyadou bi ALLAH. However, in the absence of an Islamic organization for lending to individuals according to to Sharia and Sunna of Sidna Mohamed, I have no other alternative. I wonder, if the need may allow me to do so in this particular case, knowing that the credit with interest Iam getting from the bank will not make me rich, or do I take it that by this gesture I am encouraging the exercise of Riba ?
7- ANSWER : In principle, the loan with interest is prohibited, particularly where there is loss on one hand and profit on the other. For this case, there will be a sense of despoiling, but there will be just gain for everybody, whatever the percentage of that gain. I mention a case of a believer who got a loan from a company guaranteed by a bank. There may be a profit for everybody, if the person in question could get a loan, provided he gives an amount of money on monthly basis as a rent, which allows the person who receives allowances and tenant to appropriate the place. At the end of a decade for example, if the three partners gain, then the loan is not forbidden, because as Sidna Omar Ibn Khattab says” Islam is not against the general interest, especially if we discover that in this case, there is actually a general profit .” There is another alternative, which is a loan without interest according to the sharia (Islamic law), but this alternative should be carefully analysed, in order to see that there is neither loss nor profit, or simply profit at the end of the day.
13- QUESTION : What do you mean by the tradition of Medina ?
13- ANSWER : I meant by the hadith of Medina, the tradition of the last days of the life of Sidna MOHAMED spent in Medina. His daily practises amounted or overruled the other previous hadiths. It is there the main reference on which the Imam Malik establishes his rite and which he calls the “tradition of Medina”. Indeed, the number of companions of the Prophet that he left before his death did not exceed 140000 companions, most of them scattered around Medina or further up. The Hadiths which they could report in this particular case could not have the same authenticity as those practical traditions of Medina.
14- QUESTION : Can we be a Tijani and follow the Malekite rites ?
14- ANSWER : The Sheikh Tijani belonged to the Malekite Rites. The Imam Malik considered that the hadith (the prophetic authentic tradition) is his real rite. That is why any valid rite is a function of hadith to which he refers. The Imam Malik adds to materialize his “madhab” the consensus of Oulemas for lack of hadith.
21- QUESTION : Have I the right within the framework of the purchase of a house to get a loan with very weak interest as my employer proposed to me (this interest is equivalent to the inflation which is approximately 1%) or is it totally illicit ?
21- ANSWER : If the interests amounts even to 3%, then the prohibition is eliminated because this rate represents only the overhead expenses of the bank in addition to an eventual inflation.
22- QUESTION : I am in search of the structure of reading the holy Koran within 3 days (I believe that is called Hizb). I cannot manage to find it. Would you be kind enough to inform me about the subject? Thank you for your attention.
22- ANSWER : I advise you the translation and notes of “AL QURAN AL KARIM” by the doctor Salaheddine Kechrid, Dal El Gharb El Islami, Habib El Lamsi publishing house, Beirut PB 113/5787000.
30- QUESTION : I wish to know the position of Islam concerning being affiliated to the insurance at work, is it prohibited or not ?
30- ANSWER : When insurance is compulsory in an administration, then it is apparently licit. But, when there is a possibility of avoiding it, sometimes even within certain administrations, in my opinion, the insurant has to refuse it.
63- QUESTION : In relation to which hadith can you say that you can use modern means of contraception ?
63- ANSWER : The concept of contraception as it is conceived today wasn’t known at the time. Its mechanism is very recent. But, there is contraception that was used by the living of the Prophet, quoted by an authentic hadith and that’s called “AZL” (breach of the coitus). This hadith means that the use of this means of contraception was in fashion and was legitimate koranically by omission. The aim is the same: to prevent any combination between the ovum and the sperm.
73- QUESTION : Has an Imam the right to baptize a child out of marriage according to Sharia ? (Aix-en-Provence, France).
73- ANSWER : A child born outside a marriage is considered legitimate as a natural child, who is not recognized by the Sharia. The Imam can hardly act contrary to this principle unless he has a special derogation.
77- QUESTION : What is halal meat for a Muslim ? (Aix en Provence, France).
80- QUESTION : What means of contraception are advised, tolerated or prohibited by Islam (Condom, coil...) ?
80- ANSWER : The only means of condoms or contraception, at the prophet’s time, was what we called at the time the ‘azl (break of the coitus). The prophet’s companions used to practise it. But with the discovery of modern means of contraception, such as the coil or other means like certain specific pills, the same legitimacy is maintained because the means, that have the same aim as the ‘azl, are licit as long they are not followed by other immediate pathological misdeeds or delayed.
82- QUESTION : In which context is a marriage by contract (or for a determined period) authorized ? These days, can such a marriage be legitimate ? On which Koranic or sunite texts can their thrifier or their critics lean on ?
82- ANSWER : Marriage by contract, or as you say for a determined period of time, is called “nikah al moutaa”(marriage of pleasure). It is prohibited because it doesn’t grant to the future wife all of her rights that she has in a legitimate normal wedding.
83- QUESTION : I would like to know if, to avoid cheating on a wife, with whom we live separately (because of studies abroad and the impossibility of joining the other), the practise of masturbation is prohibited or not ?
83-ANSWER : Masturbation is a touching of the genitals, done to stimulate sexual pleasure. It is sometimes called “mental coitus”. It can result in, on the long run, a pathological state called “anaxism”, which is why the Charia prohibits it. Any erection of the penis by any incitement is prohibited, except whilst sleeping where it is tolerated, being spontaneous and unintentional. The prophet Sidna Mohammed specifies that fasting will protect him because it allows him to avoid illicit looks and to hold out from the sexual pressure that fasting controls. The American H.M. Shelton confirms this mohammadian prophetic view by underlining that “fasting helps personnal control, especially edire and passion and that explains why big priests resort to it.” The Russian Tolstoi, died in 1945, didn’t miss the relation between gluttony and incontinence, recommending fasting as the way to control strong sexual urges.
87- QUESTION : I would like to know if in fact someone must only do the khitba if he is ready for marriage. Has it got a limited duration or not ? If we plan in the far future to get married, can we start frequenting a young girl whilst respecting the religion’s rules ?
87- ANSWER : The khitba (instead of the khitab) is the marriage proposal in Islam. It must be done at all times and can also be immediately consumed by the marriage, if the fiancée is under-aged. Otherwise, all approvals can be consented, even after a few years before puberty, like the case of our Messenger with his spouse Aisha. Concerning the case you talk about, nothing prevents an anticipated frequentation of a future couple. This contact can be risky if the two people are not in agreement and if there is a certain secret mutuality. Islam considers a specific case where the two spouses materialize, after marriage. In this whole context, good faith from the spouses is needed.
90- QUESTION : Can a man of the age to get married, without the means and with an increasing sexual appetite, resort to masturbation to avoid falling in the zina ?
90- ANSWER : The prophet one day said: “the one who has the means to get married should get married. Otherwise, he must face fasting which is a brake for him.” The secret of this order is that the fasting prevents any visions leading to arousing his sex-appeal. If the believer is already married, the question asked to the prophet; to this effect by the companion Abou Horeira aggravated him by saying: “castrate yourself if you cannot control yourself!''.
92- QUESTION : I have been married for almost 15 years, and my husband does not help, particularly from the financial point of view. I asked advice from an Imam who asked me to talk to my husband about getting a divorce, but my husband refused. Then I asked the Imam if there is another alternative and he answered me to opt for justice. I would like to get a divorce, in order to put an end to this dilemma, and rebuild my life. I have there children and I am not saying that my husband is horrible, quite the contrary. Now he is much calmer than before. There was a time when he used to beat me. The problem now is that he refuses to divorce me, whether amicable or through the court. Can you guide me ?
94- QUESTION : Is it compulsory to wear a beard ?
102- QUESTION : Objects of decoration such as statues are said to be totally prohibited. Likewise, some people say that even pictures are seen as such. Others say that the Prophet had forbidden them because the Mecca people adored these statues. Are they still forbidden if used to decorate a room? Would you clarify this subject ?
105- QUESTION : I have two questions to ask. 1. Koran and Sunna: this is my point of view on which I would be honoured if you’d enlighten me. It is clear that the Koran is the common reference for all Muslims. A believer strongly believes in the veracity of the Koran and of his Prophet Mohamed (SS). It is then obvious that the sayings of the Prophet (SS) are valid, a fact that is explicitly confirmed by the Koran (without going into the subject of the veracity of such and such Sahih). The validity of the Koran and sayings of the Prophet (SS) imply that they are coherent one another. However, many practices suggested by hadiths are not mentioned in the Koran without being contradictory with the latter. My point of view upon which I’d like to be enlightened is the following: The Koran is the only reference of our religion, in a perfect world where man is supported by faith, objectivity and intelligence. Hadiths of the Prophet (SS) appear to me as being a whole lot of examples illustrating and explaining the Koran, in the same way a teacher is explaining a lesson to a student who has not come to read between the lines of his book. 2. Fatalism and responsibility of the self. This is a subject that fascinates me and that appears to be confluent with many themes. It is obvious that if a man is judged by his deeds and by the content of his heart, he is responsible and his own judge. However, it is stipulated many times in our sacred book that Allah guides whom he likes. Without wanting to appear blasphemous, this sentence may easily lead to fatal behaviours, usually witnessed in our cultures. I have asked this particular question because I was myself, sometimes, surprised that in some situations I am led to fatalist explanations rather than following my own efforts. I have come to the following conclusion on which I would like to be enlightened. Man has, at anytime, not to doubt God’s guidance, act in the best of his capacities in the path of good, and finally go back to God. Even though this conclusion may seem coherent, certain inherent questions linger: 1. for men who are not in the right path, why are they not guided by God? In this case, if God decides to push them towards the bad path, it appears that we can speak of destiny since their actions directed to good would be in vain. 2. What to say to people who, facing atrocities and injustice in this world, retort. Why may God leave them to this? I apologize for the impudent character these questions seem to have but in no case do they have a blasphemous vocation. On the contrary, it is a questioning so as to better understand the objective and constructing doubt which is encouraged in our religion.
106- QUESTION : Would you clarify the term of «HIJAMA» ?
108- QUESTION : Professor, I followed with great interest your participation in the round table of Saturday 28th of December 2003 at the great mosque of Dakar. Would you clarify the following subject for me? It is forbidden to do prayers of sonna after that of Sobh as well as between the afternoon and sunset prayer. Some people say that we can do the prayer of salutation of the mosque within these hours because the latter is not of the same range as those prayers of Sounna. What is the answer exactly ?
113- QUESTION : I’ve come to buy a piece of furniture during a public auction sale. We don’t know the seller, he was an auditor who held a customers’ assembly. I wanted to know if these sales at auctions were lawful in Islam. Are they forbidden or, on the contrary, allowed in our beautiful religion ?
115- QUESTION : I am a Muslim homosexual and I am strongly attracted to the religion. Furthermore, I have the intention to follow the Tijani wird and whatever I do I cannot. I am attracted to boys and I feel lost bearing such a big secret that I cannot tell anyone. Plus, I want to die but I believe in God too much to be able to kill myself. I am suffering the martyr. I need your help to see clearly.
124- QUESTION : In turkey, mussels are either prohibited by hanafites, or regarded as “makrouh” by Chafeites. We are confused. What is the truth on this point ?
125- QUESTION : I drink and I smoke, but I am very committed to my religion and I have a lot of faith. May I recite the Koran and other dikrs ?
126- QUESTION : Who is the “Kafir” ?
128- QUESTION : I have live in Turkey for three years and according to the law in this country, the rent should be increased by 30% every two years. For financial reasons, we are forced to move every two years. Is the housing credit halal in our case ?
130- QUESTION : It is with great interest that I discovered the articles you inserted online, after reading the article “how to organize the economy in Muslim societies” I am not sure if I have understood all the practical consequences of your analysis, and its perspective in terms of Islamic jurisprudence. Are the modern financial techniques entirely justifiable, from the Islamic point of view, taking into account that the technical revolution have transformed the economysince three centuries ago? Without doubt I would like to admit a historical reading of the condemnation of Riba in the Koran, however, we are facing the excessiveness of capitalism, even if we must renew our understanding of Riba and economic activity in the modern world, divine warning is certainly not repealed by the advent of capitalism. Thedestruction of society and the environment by an industrial production with no other goal than the maximum profitabiklity on caqpital is a logical consequence of riba? The indebteness of households and governments for uncontrolled spending, are they an aberration under the fitrah? The individual and social balance that the shari’a aims to promote is it not better protected when people cooperate, without excessive debt, and moderate their needs as the prophetic wisdom has mentioned? An examination of this issue is certainly complex, but it seems that the path taken by western company’s judeo-chirstian culture, the legalization of usury is a stalemate which the world suffers today. Thinking about the future of the modern world, globalization, and capitalism, the Koranic revelation and prophetic wisdom have a major role to play. It is the Muslim community to meet this challenge. Can you clarify your analysis on this grave and complex matter ?
186- QUESTION : Concerning the prayers where the Imam reads aloud, I have once heard an Imam saying that when he reads the Fatiha and leaves time before reading a sura, we can afford to read the fatiha, but if he reads a sura immediately, we have to be quiet and listen. Another time, I have heard one saying that if during a prayer we do not read the Fatiha, the prayer is not valid. I would like to know your opinion on this question ?
187- QUESTION : I am asking for advice on the behaviour to have, because I have had dreams and these are the most striking : 1- I dreamt that the Koran was engraved in my heart. 2- I dreamt that I had to preside over the prayer of a group. 3- I am having premonitory dreams.
193- QUESTION : I would like to know why the basmala of the prayer is said aloud as far as Tijanis are concerned, unlike other Malikites who speak in hushed tones ?