Questions asked to Shaykh Sa'd bin Naasir bin Abdul-Azeez
ash-Shithree [May Allaah Preserve him]
Former Member of the Committee of Senior
Scholars
Asked in his Masjid after Salaat adh-Dhuhr
7/11/1433 - 23/9/2012
Question: My mother entered Islaam but she is very old and
senile and may forget she has become Muslim, so what is the ruling on her, is
she still counted as being a Muslimah?
Question: I have an elderly female neighbour and whenever
she greets me she likes to hug and kiss me. She is old and there is no fear of
Fitnah between us and if I were to prevent her she may hate Islaam. So should I
obey her in this?
Answer: It is not permissible for you to obey her in this
because seeking to Please your Lord is more appropriate. So what you should do
is explain to her the Islamic ruling and by not doing it, it doesn’t mean you
lose out or that you become any lesser of a person, therefore you should
explain the ruling to her and explain that it is not appropriate for us to do
this.
Question: My father died upon Kufr, so what is the best way
to explain to my family that I can’t attend the funeral?
Answer: Allaah, the Glorified and the Exalted, says:
“And never (O
Muhammad
)
pray (funeral prayer) for any of them (hypocrites) who dies, nor stand at his
grave. Certainly they disbelieved in Allah and His Messenger, and died while
they were Fasiqun (rebellious, - disobedient to Allah and His Messenger
).” [Tawbah 9:84]
If this is what the Quraan says then it is difficult for a
person to contradict or disobey what the Quraan says, so explain this Aayah and
it’s meaning to them.
Question: Is it permissible for follow the customs of the
people in the west whilst in the west for clothing?
Answer: If it doesn't contradict anything in the Shariah
then yes, there is nothing wrong with wearing the clothes they wear. This is
because the Prophet [Peace and Blessings of Allaah be Upon him] would follow
the customs of the dress code of his people but he would do this paying
attention to what the Shariah has forbidden.
Question: What is the ruling on hugging and kissing on the
day of ‘Eid?
Answer: It is permissible or Mubaah, we don’t say it is
recommended or Mustahab because this is from the customs of the people to greet
in this way.
Questioner: However, some of the scholars have prohibited it
and have stated that it is not from the Sunnah to do this and it is only
narrated that we shake hands. As for hugging, then this is specific only for
those who return from journeys and the like.
Shaykh Sa’d: The Companions [May Allaah be Pleased with him]
didn’t hug? No, this is permissible or Mubaah as people do this without
believing it to be an act of worship or they don’t do it to get closer to
Allaah, the Glorified and the Exalted, by it, therefore it is Mubaah. The
origin of things that are Mubaah is that they are permissible and allowed for
us to do and we don’t need specific evidence to prove that this action is
Mubaah or that it is forbidden, therefore in origin that it is Mubah and
permissible.
Question: You said a couple of weeks ago in answering a
question that hitting children in order to teach them is from the customs of
the people, so the ruling on this returns to the policy of the school. However,
Shaykh al-Albaanee [May Allaah have Mercy on him] has a beneficial Fatwaa in
which he states hitting children is not allowed as it is not from the Prophetic
guidance on dealing with children and that the Sunnah has only allowed the
father to hit the child, specific only for Salaah, and specific only for the
age of ten and above. What is your opinion on this?
Answer: Leave this one, next question.
Question: A person took a loan that involves Ribaa before he
became Muslim, is there any sin on him because of this and can he go to Hajj
knowing that he still has this Haraam loan?
Answer: He must pay off the loan and if they force him to
pay the extra amount then he must do so. As for the debt then if he is able to pay
off the debt and it won’t effect it by him going to Hajj then he may do Hajj
but if the paying off of the debt will be postponed of effected by him going to
Hajj then he must pay off the debt before he does Hajj.
Question: What is the ruling on late penalty fees if we
agree to pay them at the beginning of the transaction?
Answer: This is Haraam and not permissible because the
Prophet [Peace and Blessings of Allaah be Upon him] prohibited transactions
that are ambiguous and transactions that involve two sales in one transaction
and this is a transaction that involves two sales in one, so they take the
direct debit and then they take another payment later on as a penalty, so this
is not permissible as the Shariah has prohibited it.
Question: Is this transaction permissible: I buy a car buy
paying monthly instalments and I only take full possession of the car, meaning
the car is transferred over to my name, after a one lump final payment. Is this permissible? Does
this transaction include two transactions in one contract?
Answer: No, this isn’t two transactions in one contract
because the car is primarily taken as rental and then you pay the company a
lump sum in order for you to buy it. As rental and purchase doesn’t happen in
the same instance, then this is not considered as two transactions in one
contract. There is a separate part for rental and a separate part for buying.
So this transaction is permissible as long as there nothing in Shariah
preventing it.
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