Fathwa, - Living with an Elderly Lady - Khalwa?

Question:
I am in a situation where it may be possible for my family and I to
live with my friend�s grandmother who is over 75, and like my mother.
The issue is that there may be long periods of time (though not
overnight) where my young son and I would be alone in the house with
this elderly lady when my wife is out.
Answer:
In the name of Allah, Most Gracious and Merciful
Asslamu alaikum,
There would be nothing wrong with living with your friend�s mother,
given that she is elderly, in the Hanafi school. Rather, if the
intention is also to help take care of an elderly lady, there would be
reward in this.
In the Hanafi school, it is permitted for a man to be alone with an
elderly woman who is no longer attractive (`ajuz shawha'), as long as
there is no fear of the untoward from either side. [Ibn Nujaym,
al-Ashbah wa'l Nadha`ir; Haskafi, al-Durr al-Mukhtar; Ibn Abidin, Radd
al-Muhtar] It is reasonable to consider a lady who is in her 70s to be
'an elderly woman who is no longer attractive'.
As an aside:
It is also not a prohibited seclusion (khalwa muharrama) if the woman
is not elderly but each person remains in a different room of a house,
as long as the abovementioned fear does not exist. [ibid.] However, in
this situation, care and caution must be exercised, and it is a
situation which is not generally considered 'dignified'. A child does
not lift the state of prohibited seclusion.
And Allah alone gives success.

Fathwa, - Impermissible seclusion (khalwa)& disability

Question:
I have a question on the issue of khalwa (seclusion). I would like to
know if there would be any dispensation on the ruling of khalwa in the
case of a person who has a disability. I suffer from a spinal
deformity which substantially impairs my agility and physical
capabilities. Taking this into account I would like to know if it
would still be haram for me to work with a non-mahram woman in a
shop/store where there may be considerable periods of time when I
would be alone with my non-mahram female colleague. The door of the
shop/store would be shut though unlocked and therefore accessible to
the general public. Please note that the extent of my disability is
such that I am not even capable of overpowering a mature child let
alone and adult female and I therefore honestly feel that I would pose
no physical threat to my non-mahrem colleague. I would however be
working in the same area of the shop/store as my colleague.
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
Firstly, I pray that Allah Most High cures you and all of us from the
physical and spiritual ailments, and that he blesses you with the
quality of Sabr and records great reward in your book of deeds in
return of this disability that you have unfortunately been inflicted
with, Ameen.
As far as your question is concerned, it would be prohibitively
disliked (makruh tahriman) to remain alone (khalwa) in an enclosed
area/shop with a non-Mahram woman, even in your situation.
The meaning of being alone (khalwa) is when a man and a woman who are
not immediate family members (mahram) remain alone in a room or place
in a way that a third person is not easily able to enter upon them, or
it is not usually accessible to others. This also (according to the
scholars) includes a room/area, the door of which is closed, even if
it may not be locked. Yes, if the door remains open, then that would
not, in of itself, be considered Khalwa.
You state that you suffer from a spinal deformity which substantially
impairs your agility and physical capabilities, and that you are
incapable of overpowering an adult woman, but this, however, will not
legitimize remaining in Khalwa.
The reason being is that, the injunctions of Shariah are not based on
their legal wisdoms (hikma), rather on the legal reason (illah). As
such, even if one was sure of not falling into the unlawful, the act
will still remain unlawful.
Yes, if one�s disability has a direct connection with a particular
injunction, such as not being able to stand in prayer, etc, then one
will be permitted to take the dispensation (rukhsa) given by Shariah.
And Allah knows best

Fathwa, - Medical Practitioners & the issue of seclusion with opposite gender�

Question:
In some hospitals it is the law for a doctor to close the door to
examine a patient to ensure patient privacy. When this happens with a
patient of the opposite sex, is it considered unlawful khalwa? If so,
what should the doctor or medical student/resident do to avoid such
situations, given the law that it is required by the hospital?
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
The position of Muslim doctors and medical practitioners is very
delicate indeed, because they find themselves in many situations where
it is very easy for one to fall into a sin. Only the fear of Allah,
piety and moral ethics will prevent one from committing a sin.
Doctors have to regularly interact with patients of the opposite sex.
Thus, they need to be very careful and mindful in that they don�t
transgress the limits set down by Shariah.
As far as being alone with someone of the opposite sex (khalwah) is
concerned, it is common knowledge that this is not allowed in Islam,
due to the many Prophetic statements declaring it to be unlawful or at
the least prohibitively disliked (makruh tahriman), for example:
Sayyiduna Abd Allah ibn Abbas (Allah be pleased with him) narrates
that the Messenger of Allah (Allah bless him & give him peace) said:
�A man must not remain alone in the company of a woman, and a woman
must not travel except that her Mahram is accompanying her.� (Sahih
al-Bukhari, no. 2488)
Therefore, a medical practitioner should try his/her best in order not
to be alone with someone of the opposite sex. If it is possible for
one to have a nurse or some other third person in the room, then one
must do that. If that is not possible, then one should try and keep
the door open. If one is forced by law to keep the door closed, then
one must ensure the door is not locked (and I believe by law also, one
cannot lock the door).
In the case where the door is closed, one should try and practice in a
room with a view into the room. There should be an unveiled window
through which people are able to see inside the room. A door which has
a see-through window would be sufficient.
If none of the above is possible in that one is forced by law to close
the door, not have a see-through window and not have a third person
present, then due to the rule of �need and necessity� it would be
permitted to be in seclusion with the patient of the opposite gender.
However, one should keep in mind the Juristic principle which states:
�Cases of need are restricted to the actual need� (Ibn Nujaym,
al-Ashbah wa al-Naza�ir, P. 86). Thus, one must be careful that the
remaining in Khalwa is only restricted to the actual need. One must
not remain in seclusion any longer than what is �typically� required
for consultation. Also, one must lower their gaze and save themselves
from anything inciting, for the third person amongst them will be
Shaytan.
As far as the ruling for a patient is concerned, he/she must avoid
being alone (khalwa) with a doctor of the opposite sex. It will not be
permitted to be in Khalwa with a doctor of the opposite gender if a
doctor from one�s own gender is easily available and one is satisfied
and content with his/her medical treatment. However, if this is not
possible, it will be permitted due to need and necessity.
And Allah knows best

Zakat (Charity, Alms) or Zakah

Zakat (alms) is the name of what a believer returns out of his or her
wealth to the neediest of Muslims for the sake of the Almighty Allah.
It is calledZakatbecause the word Zakat is fromZakaawhich means,to
increase, purify and bless.
Who Should Give Zakat
The obligation of Zakat is mandatory on every Muslim who possesses the
minimumNisaab, whether the person is man, woman, young, old sane or
insane. Because the proof of Zakat in Al-Qur'an and Sunnah is general
and does not exclude young or insane. Allah (SWT) stated that:
"Of their goods take alms so that thou mightiest purify and sanctify
them..." ( Surah 9: Verse 103)
Imam Ibn Hazim said that every Muslim young or old sane or insane
needs to cleanse his or her wealth with Zakat because of generality of
the evidence. Anas bin Malik reported that the Messenger of Allah
(saws) said:
"Trade with the money of the orphan, lest it is eaten up by Zakat."
(At-Tabraani)
In another Hadith `Amru bin Shuaib related from his grandfather that
the Messenger of Allah said:
"Whoever is entrusted with money of an orphan should trade with it and
should not leave it sitting to be used up by charity." (Tirmidhi)
The point of reference in these reports is that the Messenger (saws)
urged the trustee on the estate of people who due to age or other
reasonscannot manage their own financial affairs, to invest it in a
business that will yield a return and make it grow until they are in a
position to do so themselves. For, if proper investment is not made
with an ophan's inheritance, it will be depleted by charity, thus
leaving the orphan with little or nothing.
The Nisaab
The Lawgiver, Allah has prescribed theminimum amount that is
obligatoryfor Zakat in different ranges of properties, and that
minimum amount is known as nisaab. The reason for nisaab is to ensure
that no one is forced to give Zakat out of what he or she does not
have, and that no wealth goes without Zakat.
Nisaab is also an insurance against the tyranny of the state to tax
the poor and or the neediest as is the case in many countries. Nisaab
is areference pointfor the average Muslim who is not sure whether he
possesses the minimum wealth on which Zakat is obligatory. The wealthy
need not worry about the Nisaab. Zakat is obligatory on theirentire
wealthand must be paid out at the end of financial yearthat they set
for their Zakat.
Conditions for Nisaab
1.The amount that has reached Nisaab must be the excess or surplus
known as "faadil" from one's essential needs such as food, clothing,
housing, vehicles, tools and machinery that is used in business. The
essentials for living are exempted from Zakat.
Although what constitutes nisaab may change from one country to
another, the amount that is needed for the basic needs of living in
different countries is very similar, because the market place
determines the prices, whether it is an official market or a
non-official market. In the poorest countries people do without or
live below the poverty standard, and that is why many go hungry or
without basic essentials.
However, we must realize thatZakat is an act of worship(ebadah) like
Salaat. Theelement of intention (niyyah) is necessary, and we should
not overly rely on state agencies to determine for us the requirements
of our religious duty.
Nisaab eliminates the possibility of injustice or unfair treatment of
the Zakat payer. To suggest that if we do not follow the rules of
International Monetary Fund or the arbitrary figures of social
security administration or department of agriculture we will be doing
injustice to the Zakat payer is ludicrous.
2.Nisaab must mature, that is the money is not liable for Zakat unless
it has remained a full year in the possession of a person. This is the
understanding of the majority of the scholars. Imam Abu Hanifah (raa)
said: "What should be considered is the existence of nisaab at the
beginning and the end of the Zakat year set by the payer". It does not
matter if the nisaab money increases or decreases during the calendar
year.
How To Give Zakat
Zakat may be assessed and returned in two ways:
1.Make a record of all money earned, either daily or monthly, which
has reached the nisaab and remains in the treasury. The Zakat of that
money would be due one year later on the same day the money was earned
and reached nisaab. This means every month's income must be set aside
and assessed for Zakat and so will be the case for the rest of the
months.
2.The best way is to set a day or a month, preferably Ramadan, for
your annual Zakat return calendar, say Ramadan 1st. One year later on
the same day of Ramadan, your Zakat is due and payable. Whatever is in
the savings is due for Zakat, regardless of whether all the amount in
the savings reaches a year or not. This method is the best because it
is easy to assess, meets one's obligation and relieve one's
conscience.
The Recipient Of Zakat
Knowing who qualifies as recipient of Zakat is an important aspect of
Zakat collection in Islam. Fortunately, Allah (SWT) has been merciful
to us in that He Himself spelled out the people eligible to receive
Zakat. In Surah Tawbah He stated:
"Alms are for the poor and the needy; and those employed to administer
(the funds); for those whose hearts have been (recently) reconciled
(to truth); for those in bondage and in debt; in the cause of Allah;
and for the wayfarer: (thus is it) ordained by Allah, and Allah is
full of knowledge and wisdom." ( Surah 9: Verse 60)
In this verse Allah enumerated the people who deserve this divine
welfare, and they are as follows:
*.The poor and the needy:These are individuals, and those under their
care, to live on. By the poor and needy is meant the people whose
income or salaries, or whatever material goods they have, fall short
of the cost of living in a given environment and economy.
*.Those who administer the Zakat department:Assigning people for
collecting, bookkeeping, making lists of people eligible for Zakat,
and a financial calendar.
*.The new converts to Islam:Whose hearts we want to harmonize into the
fold of Islam, either because their faith is weak or we are afraid of
their being harmed, should be given Zakat to strengthen their Iman or
until we no longer fear their harm.
*.The bonds personwho has contracted with his master to buy himself
out of bondage deserve Zakat and should be given enough to pay off
their debt to the master and be freed themselves; similarly, Muslim
prisoners of war if their freedom is tied to monetary payment, deserve
Zakat sufficient enough to secure their release.
*.The people in debt
*.Zakat can be given in the path of Allah.
*.The wayfarer.This is the traveller who in a strange land runs out of money.
It is, however, permissible to give Zakat to a wife or family member,
provided it is not part of their daily living expense money, but is
needed to pay off a debt for one's wife if she can not pay it. So is
the case for one's parents if they can not pay their debt.
Zakat moneymay be given to members of the familyfor their expenses if
one is not obligated to take care of them financially. The wife can
pay off a debt of her husband with Zakat money, because he may be
among the eight eligible recipients and she is not obligated to spend
on him as he is on her.
The eligible recipients of Zakat can be denied theirright to Zakat
without prooffrom Al-Qur`an or Sunnah. In a hadith reported by Ibn
Masud, his wife Zaynab heard the Messenger of Allah order women to
give Zakat, so she asked the Messenger (saws):
"O Messenger of Allah, you commanded us to give Zakat, and I have
jewellery that I wanted to assess for Zakat, but my husband Abdullah
bin Masud claimed that his son deserves it more than anyone." The
Messenger replied: Your husband Ibn Masud is right. Your son deserves
your charity more than anyone."
In another hadith reported by Salman bin Aamir, he said the Messenger
of Allah said:
"Charity to the poor is only charity, but charity to the rest of kind
is charity and maintenance of relations (sillah)." (Nisaee)