Archive for the ‘Fatwa’ Category

What to Do in Case of Disagreement?

Due to the multiplicity of scholars’ opinions in Fiqh, I have to ask: where does a Muslim stand concerning the disagreement of opinions between scholars, which is apparent in their Fatwas?

A Muslim must seek to follow the preponderant position, which brings about benefit and wards off evil from the Muslims, and be supported by proofs at the same time. This matter requires great knowledge and understanding. If one is not knowledgeable enough, he has to follow the more knowledgeable scholars who are known for their piety, righteousness, and uprightness, and who do not give Fatwas hastily. When a scholar possessing these qualities gives a Fatwa to any Muslim, he should follow it and there will be no harm on him.

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Dying the Hair

Is it permissible for someone who is not old (in his thirties) to dye his hair black? I am aware of the Hadith that orders Muslims to change the color of their hair when it is white, but I heard that the phrase “but not black” is part of the Hadith. I also heard other narrations and opinions of scholars that allow dying the hair with black.
I have another question about a white substance that regains the natural color of the person’s hair with repeated use without having any dyes in it. Is it permissible to use it?

Scholars are of three opinions regarding dying the hair black. One opinion allows it, the other dislikes it, and the third prohibits it. Each group has proofs supporting its view. One Hadith is the one you mentioned narrated by Abu Quhafah (may Allah be pleased with him) where the Prophet (peace be upon him) ordered grey hair to be changed and said, “but not black”. Most scholars consider this Hadith a proof of undesirability and not prohibition. This is the opinion of Imam Malik, Abu Hanifah, Imam Ahmad as stated in Al-Mughni book, and most of the Shafi`i scholars. Only Imam Al-Nawawi supported the prohibition. Another scholar who believed in the permissibility is the Hanafi scholar Abu Yusuf who gave some explanations to Risalat ibn Abu Zaid with certain restrictions. A group of the Companions dyed their hair with black such as `Uthman, Al-Hasan, and Al-Husain (may Allah be pleased with them all). Among the Followers who dyed their hair black are Ibn Sirin and Abu Burdah. Ibn Al-Jawzi compiled a paper in this regard entitled Husn Al-Khitab fy Al-Shaib wal-Khidab. Generally, it is permissible unless a man is deceiving a woman into marrying him. But if he is already married and his wife knows the color of his hair, there is no harm in dying his grey hair to look nice for her, especially in the case of the inquirer, who is still young. Dying the hair black is not desirable for old men. That is why some scholars thought it is prohibited, considering the case of Abu Quhafah (may Allah be pleased with him). Please refer to Fath Al-Bari by Al-Hafizh Ibn Hajar and other books of Sunnah and Fiqh. Finally, Allah knows best!

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Dealing in Riba to Afford Marriage

What is the ruling on someone who takes a usurious loan to be able to afford the expenses of marriage? He has absolutely no other means of collecting the expenses for the wedding. What is the ruling of filming the wedding party on a recording camera?

Try to collect the wedding expenses without taking a usurious loan, unless you fear you might slip into Zina. Only in this case will it be permissible to take a usurious loan to pay the minimum amount of Mahr. This is according to what Al-Zurqani said in his commentary on Mukhtasar Khalil. This opinion is also supported by Ibn Bashir and rejected by Al-Banani, and Allah knows best!

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Visiting Suspicious People

Peace be upon you! I am a married woman and I have been pregnant twice but I lost my pregnancy for no apparent reason both times. A sister offered taking me to a lady who has a long experience in women’s health issues. She said she is able to diagnose the disease just by putting her hand on a woman’s stomach! I went to the woman but I was surprised to find her asking about my name and my mother’s name. I got up and pretended I had to leave urgently but she asked me again to leave my name and my mother’s so that she could pray Istikharah and discover what is wrong with me. I refused and did not go there again. My question is: Could this woman be a charlatan? If she is one, is it permissible to warn other women from going to her? Finally, I want you to guide me to someone in Makkah who treats diseases according to Shari`ah, with the help of the Qur’an and also herbs.

I am not sure if this woman is a charlatan or not but I advise you to visit doctors and pray to Allah frequently, asking for forgiveness.

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Delivering the Second Friday Khutbah in Arabic

Dear Sheikh! I am a Mauritanian Muslim living in the capital of Angola where there is only one mosque. After finishing the first Khutbah of Jumu`ah Prayer, the Imam gives the second Khutbah, which is a translation of the first one in Portuguese, the country’s official language. So no Arabic word is said during the second Khutbah, except any Ayah or Hadith. My question is: Is it permissible to pray behind an Imam who does not say the second Khutbah in Arabic?

The basic ruling is that both Khutbahs should be given in Arabic and this is the opinion of the majority of scholars. On the other hand, Abu Hanifah (may Allah be merciful to him) declared it permissible to give the Khutbah in another language. Thus, there is no problem in praying behind this Imam, especially if the people do not understand Arabic well. Yet, we advise the Imam to repeat some Arabic sentences in the second Khutbah, such as “Udhkuru Allah Yadhkurkum (remember Allah and He will remember you)” and “Istaghfiru Allah Al-`Azhim Innahu kan Ghaffara (Seek forgiveness from Allah, for He is All-Forgiving)” and the like. These sentences will remove any doubt in the whole matter. We ask Allah to grant us all success!

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