Saturday, 28 Rabi' al-awwal 1439 | 2017/12/16
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Jurisprudence Questions

Jurisprudence Questions (84)

Ameer's Q & A: Queries on Usul Al-Fiqh

The topic: queries regarding Usul-ul-Fiqh
Firstly, I hope that I have not burdened you with these questions, especially as we acknowledge the magnitude of the burdens that you are carrying out, and the amount of responsibilities that you are undertaking. May Allah (swt) aid you, lead your steps on the straight path and give you and us the pleasure to witness the application of Allah’s law in the second Khilafah state (Caliphate).


Answer to a Question: Zakat and Debts of the Father and Son


As Salaam Alaikum Wa Rahmatullah Wa Barakatuhu our honourable Sheikh, and warm greetings to you.

I have a question regarding Zakat and debts, I hope you have the time to answer my questions.

My father has a lot of debt. Now it is customary with us that we do not distinguish between the money or debts of the father and the son. That means his debts are also mine automatically and we both work to settle them. But how is this explained in Islamic law, especially from the perspective of Zakat? Is the debt on my father only and he is freed from the Zakat or do we both have to pay the debt?


Answer to Questions 1- Disposal of Haram Funds 2- Deceit in Trade

 What is the evidence that he should put it in the interest of the Muslims as long as he is not the owner of this money in the Shariah, how is it allowed for him to dispose of it?

The second question: I work in the field of selling vegetables as a peddler. I buy from the market that is about forty kilometers away from me. Sometimes I find a blemish in the commodity ... It is customary that if the owner of the discount shop or the so-called "retailer" is asked to return an item because of the blemish, he will reduce the price of that commodity. If I returned the item on the same day, the transport costs would probably cost me more than the price. Is this indemnity i.e. the difference in the prices of the not defected and defected commodities, discount that we are asking forbidden to take?


Answer to Question Shariah Punishments under Man-Made Systems

Should one wait for Khilafah to be re-established to ask for a death penalty? Assume that someone is living in a secular country, and he conducted a crime that is punishable by death under Shariah. If he wishes to be punished, is it correct, according to Shariah, if he asks for it to be carried out by, for example, trusted people?


Answer to Question: In the Absence of the Islamic State to whom the Zakat should be Paid?

O our Sheikh, there is a disagreement; to whom the Zakat should be paid? Is it to the government while it is known that it does not spend it in its allocated expenditures, or is it distributed to the poor (Al-Fuqaraa) and the paupers (Al-Masakeen)? Please clarify with evidences. Jazak Allah Khair.


Ameer's Q & A: Gaps in Conduct do not Divest a Muslim from his Islamic Aqeedah

It came in the book, The Islamic Personality, Volume I that there are actions that contradict the Aqeedah that Muslims do, but they do not divest them from the Aqeedah, and it was clarified that the Muslim may inadvertently fail to associate his concepts with his Aqeedah (creed) or he may be ignorant of the contradiction between such concepts and his Aqeedah or his Islamic Shakhsiyya (personality) or Shaytān (Satan) may influence his heart and thus cause him to distance himself from this Aqeedah in one of his acts...

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