Wednesday 22 Jamada al-Akhir 1435, 23 April 2014

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Our Fatwa in response to SANHA!
While Muslims all over the world are grieving at the plight of their Palestinian
mothers, brothers and children who are under brutal Zionist oppression, SANHA has
issued a ‘fatwa’ in defence of its certification of Israeli products as “Halaal”.
Since SANHA is prepared to certify and ‘bless’ Israeli goods in their commercials
and since it has done so by justifying its stance on the basis of the Shariah, it has
now become imperative upon the Ulama of Haqq to respond and to provide Shar’i
evidence, which would conclusively debunk the evidence they have cited.
SANHA, with the silent concurrence of the Fordsburg Jamiat-ul-Ulama, presented
incidents in the Holy Life of Rasoolullah (Sallallahu alaihi wasallam) totally unrelated
to the horrendous scenario we are faced with. More shocking than their “Fatwa” is
the silence of the Ulama fraternity at this strange and in-factual Fatwa. Amongst the 5
many reasons for the formation of The Jamiatul-Ulama Gauteng, is that SANHA’s
Fatwa is backed by the silence of the entire Jmaitul-Ulama (formerly Transvaal0.
Thus, the continued silence gives credence to such a ‘fatwa’ and casts suspicion
upon the ability of the Ulama to contest what is clearly an extremely disturbing Fatwa
even to the layman’s limited understanding of Deen. Let us scrutinize the SANHA
‘fatwa’ rationally and judiciously:
1) SANHA in it’s Fatwa says:“Be just?even unto your enemy.”
SANHA’s concept of ‘justice’ is, plainly speaking, a mockery of the Deen. Since
when does Islamic Justice encourage one to serve as agents and servants of a
government whose hands are dyed red with the blood of Muslim mothers, the blood
of Muslim sisters, the blood of Muslim brothers? Since when does Islamic Justice
allow a Muslim to aid the economy of a country who will purchase all types of
weapons in order to kill, maim and displace hundreds of thousands of people from
the very land which bred them? SANHA has confused — in ignorance or by design
— testimony of the truth which is an integral part of The Shariah whilst
simultaneously being a party in the scandalous service to a brutal state. What affinity
does proclaiming the truth have with advertising and promoting Israeli goods to the
Muslim public?
SANHA’s concept of justice allows for certifying the merchandise of a state that has
and is causing untold suffering to Muslims! What is SANHA’s concept of ‘justice’?
Certifying the products of a state with the nobly “Halaal” emblem whilst Muslims are
grinding under the boots and being systematically exterminated and expelled from
their lands.
SANHA proudly declares: “Be just to even your enemy.” But what about Justice to
the wheelchair handicapped Sheikh Yaseen who was made Shaheed whilst coming
out of the Masjied by an Israeli missile? Does Sheikh Yaseen not deserve any
justice? Does the entire population of Gaza who are forced into starvation by the
Israeli Government not deserve any justice? Do the children, the innocent lambs of
Islam not deserve any justice?
2) If SANHA’s logic of justice had to be accepted it follows from there that
Rasoolullah (Sallallahu alaihi wasallam) was—Na’oothubillah—unjust to even
Muslims. When certain Sahaabah did not participate in the Campaign of Tabook
Nabi (Sallallahu alaihi wasallam) severed all relations with them and instructed all
Muslims to do the same. According to SANHA’s logic this is not justice. Can any
Muslim conceive such a dastardly notion in regard to the Nabi of Allah (Sallallahu
alaihi wasallam)? Never! But SANHA has cast a blind eye to the sensitivities of the
Deen in view of the stakes being so high.
3) SANHA “Fatwa” claims: “800 years of bloodshed was not a reason to declare
Roman products Haraam.”
In this fallacious reasoning SANHA equates Israeli occupation of Muslim Lands and
brutal suppression of Muslims to the wars fought with the Romans. This is incorrect
and an attempt at doctoring a fact to suit the Fatwa.
The fight with the Romans was on the battlefield. The sword was an adequate
response to Roman rebellion. Today with Muslims on their knees unable to fight their
enemy, the weapon of economic boycott is just about all that is left to show our
resistance and solidarity with Muslims whom we cannot come to the aid of. SANHA
wishes the Muslim Ummah to lay down this weapon of economic sanctions as well,
thus alluding to their ill-intent or good-intent completely misdirected.
SANHA recognizes the fight with the apartheid regime. Its members as affiliates of
the Jo’burg Jamiat monotonously trumpet this theme. They concede that economic
sanctions played a major role in bringing down the former apartheid government. Let 6
SANHA state unequivocally that the policy of economic sanctions against the
previous government was ‘a departure from justice with thy enemy’. Let them say
that the concept of sanctions plays no role in Islam!
4). SANHA’s Fatwa shockingly claims: “The crops of the Jews of Khaibar were
exported to Madinah.”
In this ambiguous and misleading averment SANHA has scraped the bottom of the
barrel in its desperate bid to provide some basis for its unholy axis with the Mal’oon
Yahood and their products manufactured and harvested at the expense of genocide!
SANHA should make known which period they refer to in their statement: “The crops
of the Jews of Khaibar were exported to Madinah.” If they refer to the pre-Khaibar
conquest period the simple explanation is that the Muslims and Jews were not at war
then. There was a peace-agreement binding on both sides. There was no reason to
call on a boycott and implement trade sanctions of Jewish crops harvested in
And if SANHA refers to the post-Khaibar conquest then the error in their averment is
too glaring to any student of Deen to proffer any comment. Lest ignorant members of
this Ummah labour under SANHA’s deception we are constrained to present the fact
of the matter. The crops of Khaibar transported to Madinah were not for sale. It was
the share, and in the opinion of Imaam-e-A’zam Abu Haneefah (Rahmatullahi alaih)
the land-tax, which the Yahood of Khaibar were under obligation to pay to
Rasoolullah (Sallallahu alaihi wasallam). SANHA’s humbug of ‘export to Madinah’ is
therefore ludicrous.
SANHA says:“The Halaal status of a product is determined by the Law of Allah.
Extraneous circumstances, however deplorable, do not make a product Haraam.”
Any experienced, qualified Mufti does not only look at issues in isolation. He
examines and analyses all aspects upon which his Fatwa will impact. Various
dimensions of issues will be scrutinised, evaluated and intensely assessed. It is on
this basis that the illustrious Fuqahaa have prohibited many permissible matters due
to “Saddun li Baabal Fitnah” (Closing the door for future trials).
It will be obvious to any Mufti that the call to declare Israeli products Haraam is
motivated by the burning anger at the injustice and inhumane suffering which their
Muslim brothers are experiencing. The larger issue is to refrain from aiding and
abetting the Zionist terrorists by boycotting their products and not certifying their
goods. This moral-code of Islam in defence of its adherents suffering at the hands of
the kuffaar brutality has been conveniently overlooked by SANHA. If SANHA had
been genuinely keen to identify with the Palestinian suffering, then its Mufti could
surely have qualified his Fatwa by simply adding the words:
“Though it is Halaal, yet it should not be purchased due to the boycott call of
our parent body, The Jamiatul-Ulama (formerly Transvaal)”.
This silence is exactly what confuses the public! Whilst The Jamiat calls for a boycott
of Israeli products, its affiliate SANHA gives a blank cheque to Muslims to purchase
the products and worse, legitimises the brutal Israeli Government!
5) The example of Abdullah Bin Salaam cited is of no relevance to the pressing
issue. Our issue is not one of declaring Halaal to be Haraam.
Extraneous factors, which SANHA’s Fatwa point blankly deny, do play a great role in
formulating Masaa’il as is apparent from the following Ma’saa’il:
• Allah, Most High prohibited Hadhrat Aadam Alayhi Salaam from eating from
the forbidden tree. Allah Ta’aala advised him to take into account the factor of
temptation. Thus, Allah forbade him from even going close to the tree. “And
do not go close to the treeJ” 7
• Likewise, Allah Ta’aala did not only stop at prohibiting Zinaa, but he forbade
us to approach any act which could lead to Zinaa. Says Allah, “And do not go
near to ZinaaJ”
• Nabi Sallallahu Alayhi Wasallam instructed Hadhrat Ayesha (radiallahu anha)
to adopt Hijaab from one of her foster brothers who was a lewd character. Did
Rasullullah Sallallahu Alayhi Wasallam not take this extraneous factor into
account when he barred Hadhrat Ayesha (radiallahu anha), with whom the
lewd character had no Shar’i Hijaab, from associating with?
• The Law of Allah is that interest is Haraam. Yet, the curse of Allah even
settles upon the person who gains no tangible benefit from the transaction.
Thus a witness to the interest transaction is also cursed.
• Similarly, a person manufacturing a liquor bottle is also cursed though he
himself may not consume the liquor.
• Just before her demise, Hadhrat Fatima (radiallahu anha) requested that a
sheet be spread over her grave when she is buried. Her intense Haya
(modesty) is the extraneous factor which has caused the Ummah to spread a
sheet over the grave of female Marhooms.
• Rasullullah Sallallahu Alayhi Wasallam instructed that all the dogs in Medina
Munawwarah be killed. The extraneous factor was that the intense love of the
dogs which had entered the hearts of the people.
• Says Allah, Most High: “And wherever you may be turn your direction to
Masjidul Haram (in prayer)”. No person in his right senses will perform Salaah
on a paak Musallah in a toilet and cite this Ayah as substantiation that he is
merely following the command of Allah and the Divine Law, no matter how
“deplorable it may be.”
• Rasullullah Sallallahu Alayhi Wasallam prohibited one “who has Imaan upon
Allah and The Day of Qiyaamah” to partake from a place where liquor is
served, though that food may be Halaal.
The above are a few Masaa’il in which extraneous factors play a role the formulation
of a Fatwa. It is upon such basis that the certification of synthetic “Halaal” pork and
attending “The Sunday Times food and liquor show” is impermissible. The public
now have a choice to examine both the Fatwas and accordingly come to their own
intelligent conclusions.
On the one hand they have a Fatwa which is based, as proven, upon highly
questionable historical assumptions, misplaced philosophical and moral postulations
and is devoid of genuine Shar’i basis.
On the other hand, there is a contesting Fatwa which is based upon a solid response
on the premises of The Shariah. It simply does not behove a Mufti to attach a Halaal
emblem on Israeli products and cause the Muslims of South Africa to be viewed by
the world with derision and scorn and brings untold joy to the Israeli Government
We have presented our Fatwa in good faith. If we have erred then it is from our Nafs
and Shaytaan, otherwise it is an immense Ni’mat from Allah, Most Hig
Which Fatwa Makes Sense to you?...

Our Fatwa in response to SANHA!

While Muslims all over the world are grieving at the plight of their Palestinian mothers, brothers and children who are under brutal Zionist oppression, SANHA has issued a ‘fatwa’ in defence of its certification of Israeli products as “Halaal”

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Establishing Salaat

“Establish Salaat and do not be like the mushrikeen.” (Surah Room, 31)

This is a portion of an Aayat. In this Aayat Allah Jalla Shaanuhu Wa Amma Nawaaluhu (Sublime is His greatness and all-encompassing is His bounty) instructs something and prohibits something else. I shall speak on what has been instructed and what has been prohibited. Both, the instruction and the prohibition are connected. From this something major is educed which will serve as a course of action and bearing it in mind will be extremely beneficial for all A’maal (deeds and actions). This is the gist of what I am going to speak on today.

Allah Ta’ala says:

“Establish Salaat and do not be like the mushrikeen.”

‘Establish’ means to correctly and perfectly discharge with punctuality. It is also interpreted as: observe the rights and conditions of Namaaz fully. Obviously something is only ‘correct’ when all its parts are in order and in proper proportion. If this is not the case then it cannot be called ‘correct’.

For example, when cooking food,

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101. If the beloved instructs the lover to come at two ‘o clock at night will the lover accept without question or will he start asking questions about the logic and reason of coming at that time?

102. Accepting means to put into practice; to submit by carrying out (something).

103. Islam means: to bow down one’s head in submission. When one’s belief and conviction are of this grade then why is there a delay in making one’s Islaah!

104. O wonderful, Taalib-e-Islaah, Taalib-e-Ilm, you are still not yet eager to offer five times Salaat with Jamaat and Takbeer-e-Ula!

105. You have read that, “Everyone will attain ranks in proportion to his actions,” then you studied Mishkaat Shareef and the ten Hadeeth works in Dorah Shareef (the final year in the Aalim Course) yet you are still not prompt with five times Salaat with consideration for Takbeer-e-Ula!

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Q. I am a dental student and am currently in a predicament. I started studying dentistry and my parents had the means to pay for my studies but now I find myself in my 3rd year of study and my parents can’t afford it. I know interest-based loans are haraam, but is there any alternative solution to my problem that is halaal?

A. An interest-bearing loan is haraam. The circumstance of secular studies or even Deeni studies does not make permissible paying interest. The objective of secular study is to establish a means of earning one’s rizq. Such means may not be acquired in a haraam way. Rizq is predetermined and sealed. We are allowed to pursue our Rizq in only halaal ways.

If an interest-free loan cannot be obtained from some Muslims, and if there is no one prepared to grant a bursary, then the student has to abandon his studies for the present. If the only way in which a business could be commenced is by acquiring a bank-loan, then it will not be permissible to initiate the business. The person will have to rather go and cut grass, wash cars or do something else for his livelihood. But, he may not acquire an interest-bearing loan and destroy his Aakhirat by courting the wrath of Allah Ta’ala.

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Q. I would like to know if the following is correct given that Nabi (Sallallahu alaihi wa sallam) is mentioned in it:

“Shaykh Bin Baaz (may Allaah have mercy on him) was asked about a man whose wife treats him badly and insults him, so he divorced her at a moment of anger. He replied:

‘If you uttered the words of divorce at a moment of intense anger and without realizing it, and you could not control yourself, because of her bad words and insults, etc., and you did that at a moment of intense anger and without realizing it, and she acknowledges that, or you have a witness of good character, then divorce has not taken place, because the shar’i evidence indicates that divorce does not take place if the words are spoken at a moment of intense anger – and if it is accompanied by not realizing what is happening then the ruling applies even more so.

For example, Ahmad, Abu Dawood and Ibn Maajah narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no divorce and no manumission in the event of ighlaaq.” The majority of scholars said that ighlaaq means compulsion or anger, i.e., intense anger. For his anger made him unaware of what he was saying, so he is like one who is unconscious, insane or drunk, because of the intensity of his anger. So divorce does not take place in this instance. If he does not realize what he is doing and cannot control his words or actions because of the intensity of his anger, then divorce does not take place.”

My husband explained his state of mind at the time of giving talaaq to me. Please could you reply to mє as I'm sitting in iddat αη∂ my husband has explained to mє his state of mind which I was unaware of.

A. Bin Baaz’s understanding of the mas’alah is defective. No one issues Talaaq when in the state of love. Talaaq is almost always issued in the state of anger. Merely saying ‘intense anger’ is extremely ambiguous and incorrect.

The Fuqaha have clarified that the anger should be tantamount to insanity. The example of a man banging his head against a wall or setting himself on fire or tearing off his clothes and running naked outside and similar extreme cases of ill-conduct will it be said that he had no control over his brains, and that he ranted like a madman.

But ‘intense anger’ which will quickly dissipate if a police officer comes to arrest him or if he is able to control the anger in the presence of others, but vents it only on his wife and children, is not the near-insanity anger which exonerates a man of his conduct and utterances.

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Q. Please advise; I am a divorced lady with twin boys aged 11. There is a man interested in marriage with 2 daughters; aged 16 and 12. Their mum has passed away. We have fallen in love. Our kids are happy and we would like to make nikaah, Insha-Allah. Is this permissible? Will our kids be able to all live together with us?

A. Marriage in this case though permissible, however it is fraught with danger to the children. There is almost certainty that there will be haraam contact between the boys and girls. There will be too many opportunities to commit zina. In view of this grave danger you should not get married to him. And Allah Ta’ala knows best.



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