Your Questions Answered

 

Queries

 

Why is Riba Forbidden?

 

Question: What is the basis of forbidding Riba? Also, if it is accepted that it is prohibited, is there a way allowed by Islam to earn money through money lent? I ask this question since investing money on the basis of profit and loss sharing is not at all feasible these days given the economic situation of our country and the moral conditions of our nation.

Answer: According to Islam, a contract between a lender and borrower should be an equitable one. It should ensure justice to both parties and safeguard their rights on equal footings. If one party’s interest is protected more than the other even minutely, injustice creeps in. In a Riba contract, justice to both parties is not ensured. While the lender is ensured a safe return, the borrower is not and the lender is least bothered with it. This seems unethical. Various measures have been suggested by economists that reduce risk for the lender. All said and done, these measures may be efficient but the fact remains that they do not ensure equal justice to both parties. Injustice, you’ll agree, is something very objectionable and cannot be tolerated at any level.

The only just arrangement in which a person or institution does not want to enter into a profit and loss agreement and wants to ‘earn money through lending’ seems to be that in the contract agreement the lending entity gives an undertaking to the borrower that it will be entitled to a percentage share in the profit only if the borrower does earn profit on the investment made.

 

 

The Issue of Copyright

 

Question: I trade in CDs and software. However the material I acquire and put up for sale violates the copyrights of its producers. The original material is so expensive that I cannot even imagine doing business if I buy it from the original owners given its availability at almost one tenth its real value in our local markets. What should I do?

Answer: It is perfectly legal as well as ethical for a person, group, institute, company etc to formulate rules and regulations to safeguard their product. These rules stipulated by the producer must be followed in letter and spirit by all those who want to benefit from its products. Consequently, breech of such rules is a moral offence and in most societies and countries it is a legal offence as well. However, in circumstances such as yours in which illegal copying and piracy has reached such an extent that it is not possible to survive in the market by insisting on the purchase of some commodity: -- perhaps a software for example from the original owner, a new dimension is added to the whole affair. The Hanafite jurists call such situations as ‘Umum-i-Balwah(pervasion of evil). This means that a particular evil has become so rampant in a society that people are no longer in a position to avoid it. In such circumstances, an evil may have to be adopted on the pretext that there is no way out. This of course does not make an evil a good thing intrinsically.

However, contrary to such cases as yours, in cases where copyright laws can be followed, they must be followed. For example, if it is necessary to reproduce a chapter of a book in a journal and the permission of the publisher or the author has to be sought, then this must be done, and, if they refuse, one must refrain from such reproduction.

In your case, the perhaps the only solution for you to follow copyright laws is to close down your business. This of course is something which only you can decide. If you think that this would be not be possible for you, then you have the plea to continue under compulsion.

 

 

Is Belief in Muhammad (sws) Necessary?

 

Question: Some people argue on the basis of the following verse of the Qur’anthat it is not necessary for Jews and Christians and people of other religions to profess faith in Muhammad (sws):

 

Those who profess faith [in the Qur’an], and those who are Jews and Christians and the Magians, and who believe in God and the Last Day, and do righteous deeds shall have their reward with their Lord: on them shall be no fear, nor shall they grieve. (2:62)

 

These people go on to affirm that if a person fulfils the other requirements mentioned in the verse, he will be saved in the Hereafter. Is this true?

Answer: The verse does not mention belief in the Prophethood of Muhammad (sws) for the simple reason that this belief is not an absolute requirement of salvation. Let me elaborate on this: One of the obvious conditions for salvation in the Hereafter is that a person is not guilty of any such sin as deserves eternal punishment in the Hereafter. We know from the Qur’anthat sins like intentional murder (4:93), polytheism (4:48), living a life of sin (2:81) and knowingly denying the messengers of Allah (98:6) are sins which make a person worthy of everlasting punishment in the Hereafter even if he believes in the three things mentioned in this verse. Consequently, just as a person who believes in Allah, in the last Day and does righteous deeds but is guilty of murdering a person shall be doomed in the Hereafter, similarly, a person who fulfils these three criteria but still knowingly denies a messenger of Allah will not be saved in the Hereafter. In other words, if a person is convinced of the Prophethood of Muhammad (sws) but still does not profess faith in him, he shall be doomed in the Hereafter.

It must be appreciated that if the message brought by Muhammad (sws) never reached a person or reached him in a distorted way, he would be given the allowance justice demands. So, if he is judged to have a legitimate excuse, he will not be held accountable for not professing faith in Muhammad (sws). In this case, he will only be held accountable on the basis of the three things the verse mentions.

 

 

Is Hajj-i-Badal a form of Isal-i-Thawab?

 

Question: I have heard that we can offer H~ajjon behalf of our dead parents. Is this not Isal-i-Thawab (transfer of reward to the dead), a concept you have strongly refuted in your journal many times?

Answer: As a principle, it should be borne in mind that a person gets the reward of something which he had intended but was not able to accomplish due to certain unavoidable circumstances. Consequently, if a person is not able to perform H~ajjin spite of having an intense desire of doing so, he shall be given its reward. Now, if someone offers H~ajjfor a dead parent who has or had an intense desire of doing H~ajjbut is or was unable to do so due to some reason, then while the person himself will definitely be rewarded for this deed, the parent will also receive some reward since pious children themselves become a source of reward for their parents. This is not Isal-i-Thawab. It is in the words of the Prophet (sws) ‘Sadqah-i- Jariyah’ (the charitable act of a person that continues to afford him reward even after he dies):

 

When a person dies, his record is sealed except [for the credit he continues to receive] from three deeds: philanthropic acts that continue to benefit others after his death, scholarly works that continue to enlighten others, and the prayers of pious children for the deceased. (Darmi)

 

However, the person should not think that it is only if he does H~ajjon behalf of his father or mother will they be rewarded for H~ajj-- they have already received their reward of H~ajjbecause of their intention.

I will give you an example to explain my point: Imagine a person’s mother who had a great desire to build a hospital for the poor, but due to certain circumstances she was not able to. Now if the son gets the chance to fulfil his mother’s wish, then this will indeed be a rewarding deed for the son while her mother has already got the reward of this because of her intention. Of course! she may get a further reward because, as mentioned earlier, pious children themselves are a source of reward for the parents.

Thus, Hajj-i-Badal must not be confused with some form of Isal-i-Thawab.

 

 

Is Learning Qur’anic Arabic Necessary?

 

Question: Is learning Arabic for the purpose of understanding the Qur’an a must for us. If we read the Qur’an in Arabic without understanding it, will we be rewarded?

Answer: The Qur’an is the ultimate guidance for human intellect in affairs it is likely to falter. It has been sent down by the Creator of heavens and the earth to inform man of the path that leads to salvation. As such, there is no question about the fact that it should be read with an effort to understand what it says to us. Learning Qur’anic Arabic should be every Muslim’s desire, and if taken up seriously takes hardly a year of concerted effort. However, people who for some genuine reason are not able to learn Qur’anic Arabic or are in the course of doing so should try to keep a translation of the Holy Book with them in whatever language they can understand better and read it with the Arabic text. Reading the Qur’an without understanding seems a meaningless exercise since the book is addressing and guiding you.

It is difficult to say whether one will be rewarded while reading the book without understanding it or not. However, to me, it seems quite unlikely except of course when translation is beyond a person.

 

 

Sex out of Wedlock

 

Question:I have a Hindu friend who wants to understand Islam. He wants to know why having sex with one’s girl friend is prohibited by Islam. Please answer this for me.

Answer: The basic reason for this prohibition is that Islam lays its social structure on the basis of a permanent relationship between a man and a woman in the form of a family. This relationship comes into existence in the form of an everlasting marriage bond. Consequently, to preserve this marital relationship, it forbids all forms of temporary associations between a man and a woman. Premarital sex or sex out of wedlock does not allow a family to come into being. It is because of this that sex before marriage has been prohibited.

However, you might need to communicate to your friend the reason why Islam stresses on the institution of family. For unless he understands this reason, he might not grasp fully the real reason of prohibition of sex out of wedlock. So, a brief explanation:

You see a person born in this world cannot traverse its rugged terrain all by himself. Throughout his lifetime, has to remain dependent on a number of relationships, and without these he cannot embark on this tempestuous voyage. In the prime of his youth, he might consider himself to be the king of the world but during his childhood and old age he needs the love and affection of the near ones which must not cease with time. In both these periods of life, he must be looked after by those who have warmth and compassion for him. In other words, his life demands relationships which should be permanent in nature so that his parents, children, brothers and sisters -- all can play their role in his life. Only the institution of family can ensure him these privileges. Without this institution, one may have an enjoyable youth but it is very likely that his childhood and old age will be spent in misery.

Similarly, it is evident that in contrast with almost all the animal forms, the relationship once formed between a man and woman has a permanent impression in human memory. In all animals, the relationship between a male and female species does not leave a lasting imprint in their minds. The male species departs from the female soon after mating, while the female, once she has brought up her young, resigns them to the whole world to start the cycle all over again. The affection it has for its young and the fondness for the male who fathers them is only temporary. With the passage of time, this attachment is obliterated from her mind. However, in case of human beings, this attachment is so strong that it is even felt at the level of grand and great grand parents. Reason demands that just as there is a permanent base in human memory regarding these relationships, the actual relationships also be permanent.

 

 

The Obligation of Da‘wah (Preaching)

 

Question: I want to know about the nature and extent of the responsibility of preaching for a common Muslim. Is preaching the responsibility of a religious cleric or is a common Muslim also burdened with it? What about the use of force in eliminating bad things from our society?

Answer: The propagation of the truth has remained the mission of the Prophets, for it is the right of every truth that it be disseminated far and wide. Islam requires of a Muslim that he propagate the truth according to his ability, position and status. It says that every person is the shepherd of his herd about which he shall be held accountable on the Day of Judgement. It directs each person to strive to save himself and his family from the flames of Hell. It defines each person’s sphere of authority in which it is his responsibility to propagate and implement the truth.

This propagation has three distinct categories depending upon who the propagating entity is:

 

1. Common Muslims

2. An Islamic State

3. Religious Scholars

 

All these categories have specific responsibilities, and the ones meant for one can in no way whatsoever be discharged by the other. Also, each has its own sphere of authority in which evil can be eliminated by force if need arises.

It is the duty of a common Muslim to urge the members of his family and, indeed, every person present in his immediate surroundings to fulfil the three basic requirements which will ensure their salvation in the Hereafter. These three requirements have been spelled out in Surah ‘Asr:

 

Verily, Time bears evidence that man is in a loss save those who accept faith, do virtuous deeds and invite each other to the right path and urge each other to remain steadfast on it.(103:1-3)

 

It is the duty of the head of state and all his representatives to implement the Shari‘ah at the state level. Keeping in view the welfare of the society, they must enforce the directives of Islam. While pointing out the objectives of an Islamic State, the Qur’an says:

 

[These believers are those who], if We grant them authority in this land, will establish regular prayers and pay Zakah and enjoin what is virtuous and forbid what is evil. (22:41)

 

It is the duty of religious scholars to guide the people in their religious obligations and warn them against the dreadful fate that awaits them if they do not fulfil these obligations. The Qur’an refers to this responsibility in the following words:

 

It was not possible for all the believers to undertake [this job]. So why did not a few from every group among them come forward to gain sound knowledge in religion and warn their [respective] people, when they returned to them that they may also take heed. (9:122)

 

It is to be noted that the sphere of authority in which a common Muslim can forcibly forbid evil lies within his sphere of responsibility is his own family, as is evident from the following H~adithof the Prophet (sws):

 

Beware! Each of you is a shepherd of his flock, and each shall be asked about his flock. (Muslim, Kitabu’l-Imarah)

 

A Muslim has not been given the permission to use force outside his sphere of authority. The only thing he can do outside this sphere is to urge and exhort people.

The sphere of authority of an Islamic State is all its citizens. It has all the authority to forcibly eliminate evil among its citizens.

 

 

Some Questions about the Prayer

 

Question: Can a husband and wife pray in congregation? If yes, then how should they stand? If there is no possibility for a person to pray in congregation, then will he get the reward since he has the intention?

Answer: Yes a husband and wife can pray in congregation. The wife should stand a little behind the husband.

As a principle, a person gets the reward of his intention if due to certain circumstances he is unable to accomplish what is required of him. Consequently, if a person has the intention to pray in congregation, and in his given circumstances he is unable to, he will get the reward of praying in congregation.

Question: In congregational prayers, is it forbidden for a single person to stand in one row? Should he ask someone in the row ahead of him to come back or should he wait for another person to come and join him. How long should he wait?

Answer: A person should not stand alone in a row. He should gently touch a person in front of him to signal him to join him in the previous row. He should not wait for any other person. However, if the person in front of him is not aware of this procedure -- as is generally the case these days -- and asking him to join might create a problem, he has a legitimate excuse to join the congregational prayers while standing alone in the last row.

Question: Can two non-Mahram relatives (of the opposite sex) pray in congregation?

Answer: Yes they can. However, in this case they should not stand side by side. The man should stand in front.

Question: What are the conditions under which one should perform Sajdah-i-Sahaw (prostration of oblivion). If you ask a common religious cleric, he would enlist numerous possibilities and a plethora of instructions which are hard to remember. One of them is that if you sit down for Tashahhud and then standing midway you realize that you are making a mistake, you should not sit but complete another Rak‘at. In prayers with four Rak‘at if you have prayed an extra Rak‘at (the 5th one), then you should also complete another Rak‘at (the 6th one). The additional two would be counted as Nafal.

Answer: In this regard, the Sunnah of the Prophet (sws) is that whenever a person forgets something in his prayers, he should try to rectify the mistake if it is possible and do Sajdah-i-Sahaw. If it is not possible to rectify the mistake, he should only do Sajdah-i-Sahaw. The errors and instances which need rectification and the actual method of this rectification have been left to his common sense. In all spheres where the Shari‘ah has left matters to common sense, a person try to develop the habit of using his common sense.

Consequently, in your referred examples also, the rulings are based on common sense since the Shari‘ah is silent on this particular issue.