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Jurisprudence Questions

Jurisprudence Questions (74)

Ameer Q & A: Borrowing from Someone who does not take Halal and Haram as his Criteria

One of my colleagues has a brother who works abroad, but he is not concerned with the Halal and Haram in his work, and my colleague now is in need of money to complete (building) his house, because he can no longer pay the rent; and he is asking can he borrow (money) from his brother. Note that his brother is insisting on lending him (the money)?

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Answer to Question: Drawing Pictures and Editing Photos

Question:

I work in the field of photography and during the course of my work, I face the following:

  • Editing/modifying photographs i.e. removing wrinkles, changing the colour of eyes or altering certain other facial features etc.
  • Crafting sketches on peoples and animals which look realistic…
  • Using ready and available photographs and sketches for printing.
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Answer to Question : Al-Hawl

Question:

Assalamu Alaikum Wa Rahmatullah Wa Barakatuhu,

Al-Hawl is not a year, it is different to a year, it is ten months and a half, and this is the Hawl for Allah’s (swt) saying: )وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا(“…and his gestation and weaning [period] is thirty months” [Al-Ahqaf: 15]

If we subtract nine months of pregnancy, then we will be left with 21 months, i.e. every Hawl is ten months and a half, this is also for the saying of Allah (swt):)يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ(“Mothers may breastfeed their children two complete years” [Al-Baqara: 233].

That is 21 months after the delivery… Therefore Zakat is due every ten and a half months, which means every 7 years we give Zakat 8 times.

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Answer to Question: The Ruling of the Two Famous Contracts in Afghanistan: Ad-Diwani and Nisfaki

Question:

Assalamu Alaikum… Our honourable Sheikh, in Afghanistan we have a transaction that we do not know its ruling, and it is quite common, this is what it entails: The poor person will take a one year old calf or a ten month old calf from its owner and raises it for a year or two, if it was a female and it became pregnant and gave birth, then the poor person will take its newly born calf and its milk, and hands over the cow back to its owner or he will sell it and share its price in half with the owner before it gives birth.

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Answer to Question: Union Affiliation to be Able to Practice the Profession

My question is about social solidarity system found in the Guild. As in my union, whenever a member dies it collects an amount of at least ten dinars in order to pay for the people of this deceased member. The union compels persons who linger to pay the amount, otherwise it will not renew their membership which is to be annually renewed. knowing that they told the members that they obtained a fatwa in this regard permitting this process and that there is no prohibition in it.

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Ameer's Q & A: Selling of Fruits on Trees

Our dear Scholar and Ameer, As-Salaam Alaikum Wa Rahmatullah Wa Barakatuhu In our country there is a practice of selling produces on the trees, before harvesting. For example produces such as clove, pepper, coconut, etc. are sold in such a manner. The land owner will plant, water and fertilize the plants to maximize the yield and when fruits are produced, those fruits are sold on an estimated price, so the buyer would have to harvest it and deal with it as appropriate.

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Answer to Question: The Ruling on Taqiyyah

...it is mentioned in the Shakhsiyya book [Islamic Personality] regarding the subject of befriending the disbelievers that it is prohibited and not allowed except in one situation; where the Shara’ allowed “Taqiyyah” in the subject. And here poses the question: is the befriending to disbelieving individuals or to disbelieving system?

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