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Category: Islamic Law

A Primer in Jumu’ah

This is a primer about the Friday prayer I wrote back in 2007 for a few Masajid to use in khateeb training.

Simple and basic, it addresses the following questions:
1- Who can lead Jumu’ah?
2- What must he do?
3- When is Jumu’ah performed?
4- Where is it performed?
5- Why is Jumu’ah
6- How does one perform Jumu’ah?
7- How many?

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Gifting Reward of Your Actions to Others

AbdulWausay asks about gifting reward of actions to others:

Just like we can give charity on behalf of our parents; is it possible to give charity or go on hajj with the intention of doing it on the behalf of a friend or anyone who isn’t your parent?

Answer:

When we look to discussions in the tradition about gifting the reward of one’s actions to others, we find a variance of opinion. A minority (labeled by some as innovators) denied any type of benefit. This opinion is an erroneous, due to it contradicting clear texts.

Amongst the Fuqaha, there are two opinions. Some scholars (namely the Malikis and Shafis) differentiated between verbal, physical, and financial acts, pronouncing some acts as beneficial when gifted to another, and others not.

Perhaps the more predominate of the two opinions of the Fuqaha (that of the Hanafi and Hanbali schools) is that any action you perform with the intention of gifting the reward to that person, any person, will benefit them (whether they are alive or dead).
This is evidenced by numerous hadith in which the Sahabah asked the Messenger about performing acts (Hajj, Sadaqah, Sawm, etc) on behalf of other people and he permitted them.

Additionally, He – Alaihi al-Salam- mentioned that “When one of you dies his actions are cut off, except for three…” meaning his statements and physical actions are no longer existent, but that the reward from others actions carried on because of you are continuous “… perpetual charity, or beneficial knowledge, or a righteous child supplicating for you.”

For the living, if a group of people share in a sacrificial animal, yet only one of them physically sacrifices it, they will all be rewarded. For Udhiyyah, the Messenger sacrificed two large rams, the first saying at sacrfice “This is for Muhammad and the family of Muhammad” and for the second “This is for the Ummah of Muhammad.” Narrated by Ahmad in the Musnad.

So in short, gifting the reward of any good deed you do with the intention of benefiting someone else will benefit them. However, if you have not made Hajj for yourself, you must make Hajj for yourself first, then you can make Hajj for anyone else you wish.
And Allah knows best.

20 Questions on Eid al-Fitr

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20 Questions on Eid al-Fitr

1.    So what is Eid?
Eid is a recurrent event, celebrated for its significance and Importance. In that sense, it can be called a holiday. Any day which is commemorated and specifically celebrated on a reoccurring basis is considered an Eid.

2.    And what is al-Fitr?
Al-Fitr means to break the fast, and Eid al-Fitr is a celebration of breaking the fast of Ramadan. It is a celebration of abundance after scarcity. Muslims having abstained from worldly pleasures now continue the praise of God and indulge in the blessing he sustained them with. Muslims give thanks to God for the ability to fast the month of Ramadan, the blessings of abundance, and the strength to be able to carry on in the worship of God.

3.    Who has to pray it?
Everyone should come out to the Eid gathering, and everyone should pray except a person who is ritually prevented from doing so. Even that person (who is unable to pray) should still attend, make Dua, and share in the blessings of the day, but they shouldn’t approach the area the people pray on.
In a hadith narrated by al-Bukhari and Muslim, The Messenger of God said: “Let the women, the youing girls, and the menstruating women attend the Eid prayer, and witness the good and the supplications of the believers. As for the menstruating women, they should stay away from the Musallah (i.e.. should not participate in the prayer itself).”

4.    What day do we Pray Eid al-Fitr on?
Eid al-Fitr is prayed on the day immediately after Ramadan. If there is something that prevents the community from praying it on that day (such as rain, snow, a natural disaster, public danger, etc) then it is acceptable to pray it the day after.

5.    What if Eid prayer falls on a Friday?
If the Eid falls on a Friday, it is optional to attend Jumu’ah. Abu Hurayrah reported that when this happened once, the Messenger of God said: “Two Eids have coincided on this day of yours; thus whoever wishes, is exempted from attending the Jumu’ah prayer. Yet, we shall hold it.” Friday is the Eid of the week, so when an annual Eid and the weekly Eid are on the same day, you have the option to pray Jumuah (the weekly Eid).

6.    Waking up in the morning, what should I do before going to prayer?
It’s important to:
(a)    Bathe and observe general standards of hygiene before going out to pray Eid.
(b)    Wear clean presentable clothes which are decent and befitting of the day.
(c)    Make sure your Zakat al-Fitr is paid.
(d)    It is Sunnah to eat something before you go out to pray, to show you are not fasting.
(e)    To arrive early to the prayer location.

7.    Are there special Eid clothes? What should or shouldn’t I wear?
There are no special Eid clothes other than the nice, presentable clothes you choose for yourself. It is not obligatory or recommended to wear thobes, shalwar Kamees, Turbans, Kufis, or in general “Eastern dress.” You can, but you should wear clothes that are acceptable in your culture, are not flamboyant, and are clean and presentable. Women should not go out in makeup and flashy clothes, should wear Hijab and should observe the confines of modesty normal to a Muslim woman’s apparel at all times.

8.    What time should Eid al-Fitr be performed at?
While Eid can be prayed anytime after the sunrise above the horizon until noon, it is better to pray Eid al-fitr a little later, so as to allow people time to pay Zakat al-Fitr.

9.    Where should it be prayed?
Eid prayer should be prayed in a public place, somewhere where the general public can see the Muslims and their numbers, and hear them praising God’s name.

10.    O Snap! Our community prayed Eid al-Fitr in the Masjid, is that ok?
Yes, it is OK to pray Eid in the Masjid, but it is better and closer to the Sunnah to pray in a park or publically accessible place. While the Sunnah of the Messenger of God was to pray in a Musalla on the outskirts of the city, when the cities expanded and it became difficult for the weak and elderly to leave Ali b. Abi Talib placed people in the Masaajid to lead them in Eid prayer.

11.    When I get to the Eid prayer location, what do I do when I get there?
You should:
(a)    Sit and wait for the prayer to begin.
(b)    You should not pray any prayer before the Eid prayer when you get there, nor any prayer after.
(c)    It is OK to see friends and greet them,
(d)    but it is better to sit and partake in the Takbeer.

12.    Ok, So how do I make Takbeer?
The best thing you can say is:

Allāhu Akbar, Allāhu Akbar, Allāhu Akbar.
Lā ilāha illà l-Lāh wal-Lāhu akbar, Allahu akbar walil-Lāhi l-ḥamd

Other phrases are OK to say as well, as long as they praise Allah and send blessings on the Prophet and the righteous. Anything which is excessively long and unable to follow must be avoided.

13.    Ok so I’m here, takbeering and stuff, so what should happen now?
Wait patiently for the Imam to come out for the Prayer. He will generally come out and the takbeer will fade, so pay attention to when he comes out so that you can hear instructions to pray.

14.    How is Eid prayer prayed?
Eid prayer is prayed in two Rakah just like Jumuah prayer. There are a few differences however. (a) there is no Adhan or Iqamah before it, (b) there is no Sunnah prayer before or after, (c) in the First Rakah, you make Takbir to start prayer, then follow the Imam with (7) seven extra takbirs – that’s (8) eight in total before al-Fatihah, (d) in the 2nd Rakah, (5) five extra takbirs are made after the takbir for rising from Sujood,

15.    I got to the prayer RIGHT when the Imam was sitting, what do I do!?
Join the prayer and complete it just as you would any other prayer. You’ve made it and finished your Eid prayer.

16.    Eid Prayers done, what now?
Immediately after the prayer, the Imam will stand to give a sermon (Khutbah). You should sit attentively and listen to this Khutbah. Even though the sermon is not obligatory (meaning if you have to go you can), you should still sit and listen to it. Don’t stand up and start Eid-Mubaraking everyone around you, disturbing the people that do want to listen to the Khutbah. If you must talk, move away from the Musalla so you don’t cause a disturbance to the Imam and those sitting.

17.    What should the Khutbah contain?
The Khutbah should contain the Praise of God, prayers for the Prophet and the righteous, and a reminder to be worshipful of God. Anything else relevant to the faith of the community is OK as well.
18.    I got to the Eid prayer when the Imam was making Khutbah, I missed the prayer so what do I do?
You should sit and listen to the Khutbah. When it is finished, you can stand as a group and pray the Eid prayer with those that were late as well. Even if you wake up late in your home and absolutely not make it to the Musalla, you can gather your family and pray in the house.
19.    Is it OK to say “Eid Mubarak”, “buhat buhat eid Mubarak”, “Kullu 3am wa anto bi kheir”, “Happy Eid”, or similar phrases?
It is acceptable to say these phrases as well as others, such as the phrase “TaqabbalAllahu mina wa minkum,” (May God accept from us all). Greetings and congratulations of this sort are acceptable customs. Customs, as long as they do not contradict known prohibitions or contain any harm then they are acceptable according to all scholars of Islam.
20. So what do I do the rest of the day?
Have fun! The day of Eid is a day for gratitude, remembrance, and celebration. On the day of Eid, one of the companions wanted to forbid two little girls from singing. The Prophet ordered him to leave them and said “Every people have a festive time, and this is our festive time (Eid).” So take some time off, give gifts, go out to a park, visit friends and family, and enjoy your time on Eid day!

20 Questions on Zakat: A quick and easy guide to understanding Zakat

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Featured this month in Sharia Portfolio’s Newsletter, these are 20 Questions on Zakat which I wrote as a quick and easy guide to understanding Zakat.

Enjoy :)

 

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1. Who has to pay Zakat?
Zakat is due on the wealth of any Muslim, young or old, male or female, that is held in savings for one calendar year and is more than the Nisab.
Example: If both you and your children have separate savings of 1000 dollars or more for one year, you must pay the Zakat on both accounts, not just yours. $25 for your savings, and $25 for your childs.

2. What forms of wealth are liable for Zakat?
The following are liable for Zakat:

  1. Gold & Silver
  2. Paper currency held in cash or in the bank
  3. Tradable assets owned by your business
  4. Crops and herded animals.

3. How do I know when I have to pay Zakat?
Calculate your balance sheet, on-hand savings, various current accounts, and marketable securities. If the total is more than the Nisab for an entire year at any given month, you must pay Zakat on it.
Example: You see that your bank account shows a balance of 1500 USD from Ramadan of last year until Ramadan of this year. You pay 2.5% on 1500 = $37.50 USD
.

4. How can I find out what the Nisab is so I know if I owe Zakat or not?
One of the best websites is called www.e-Nisab.com, check the Nisab for silver in USD. For calculating cash, savings, and tradable assets, the Nisab for SILVER is always used, not the one for gold.

5. So now that I know the Nisab and I know that I’ve had saving for a year more than that amount, how do I calculate my Zakat?
Follow these steps:

  1. You take your current savings, all cash in hand, any tradable business inventory you have, and the value of any active investments and mareketable securities you have and add them together. Let’s say that gives you 10,000 USD.
  2. Deduct any immediate liabilities such as this month’s mortgage payment, your other bills, payroll (if you have a business), insurance payments, etc. Let’s say that equals 3,000 USD.
  3. Subtract your immediate liabilities from your current assets, 10,000 – 3,000 = 7,000 USD.
  4. Calculate zakat: 2.5% x 7,000 USD = 175.00 USD is due for Zakat.

6. Someone owes me money do I have to pay Zakat on that amount?
If you can collect at any time (i.e. it is “good debt”) then yes you must calculate that into your zakat as above. If they are refusing to pay (i.e. it is “bad debt”) or are they are unable to pay you because of financial distress, then no you do not pay it at this time.

7. What do I do once I collect that debt?

  • If it is more that the Nisab and has been owed for more than a year, you pay zakat for one year only once you collect.
  • If it is less than the Nisab, then you add that money to your savings and what for the next time you pay zakat.

8. Do I have to pay Zakat on my 401k plan or my IRA?
You do not pay Zakat on your 401k, your IRA, or any account to which you do not have access until you cash out without penalty. At that time you pay Zakat for one year.

9. Do I have to pay Zakat on my personal assets such as my home and car? What about my capital assets like my copier machine, offices, company car, etc.?
You do not have to pay Zakat on any personal assets or capital assets. Zakat is only due on surplus wealth that is over the Nisab for a year or more.

10. Who can I pay my Zakat to?
Zakat is to be given to eight categories of people designated in the Surah Taubah 9:60: (1) The destitute, (2) The poor, (3) those collecting and distributing Zakat, (4) those whose hearts need softening, (5) in manumission, (6) in paying off debts, (7) in God’s path, (8) and helping the travelling who are stranded.

11. Can a man pay his Zakat to his wife? Can a wife pay her zakat to her husband? What about the rest of my relatives?
A man cannot pay zakat to his wife, because he is obligated to provide for your wife; anyone you are obligated to maintain financially then you may not give them your Zakat. This includes your wife, your children, and your parents. Your siblings, cousins, Uncles and aunts can receive your Zakat. Your wife however is not obligated to maintain you financially, she may give your from her Zakat ONLY if you are needy and included in one of the above eight categories.

12. Instead of paying my Zakat here in the United States, can I send my zakat overseas?
You may not send your Zakat anywhere outside your locality until you are certain that there is absolutely no need for it. You are obligated to give back to the locality you live in before you take that money elsewhere. The only exception to this is if you are sending money to your family members.

13. I have Gold and silver jewelry, do I have to pay Zakat on it?
Yes, you must pay Zakat on it, regardless of whether it is for adornment/decoration, you wear it or not, or if it was inherited. ANY gold or silver you have, if it more than Nisab, Zakat must be paid on it.

14. What is the Nisab for Gold and Silver?
If you have 95 grams of gold or more, then you are liable to pay Zakat on that gold. If you have 595 grams of silver or more, then you are liable to pay Zakat on that silver. Check www.e-Nisab.com for the cash value of the Nisab.

15. I know that my earnings and savings will be the same for the next couple of years can I pay my Zakat for next in advance?
Yes, you may pay your zakat for next year in advance along with this year. However, if your earnings and savings change so that you owe more, you will have to pay the difference later.

16. I have not paid Zakat for years, what do I do now?
You should look back to your balance statements and estimate your liability for the past years, then pay for those years.

17. I want to give my Zakat to an Islamic Center, what should I do?
It is recommended you give your Zakat to organizations that you are sure will spend it on the eight categories mentioned above. If you do give it to an Islamic Center, be sure that your local Islamic Center differentiates between general funds (or Sadaqah) and Zakat funds.

18. Can I give zakat for the building, for toilets, etc?
Zakat is only to be used for the eight categories listed above. All other projects should be paid for from generous donations not associated with Zakat.

19. What is Zakat-al-Fitr?
Zakat-al-Fitr is paid in expiation for the sins and mistakes we commit during Ramadan. It is paid as 2.5 kilos or 5 pounds of wheat, dates, rice, etc. You may pay the cash value of rice if you like. The cash value this year $10.00 is per person. Your Islamic Center will act as your agent in distributing to the poor.

20. I want to pay for Zakat-al-Fitr. Can I write a check to my local Islamic Center? How much do I pay?
Yes, if your local Islamic Center will act as your agent in distributing your Zakat al-Fitr locally.  When you write a check, specify “Zakat al-Fitr” in the memo.  You must pay for every member of your family.
Example: You, your spouse, and 3 children make 5 people. Multiply 5 x 10.00 = 50.00 zakat al fitr.

Do I have to pay Zakat on my stocks and shares?

zakat on stocks

Do I have to pay Zakat on my stocks and shares?

Answer:

If you own stock in a company (or shares as they are called) then to determine their liability for Zakat you should look at the investment strategy you are using.

  • If you are using them for a long term investment (something you plan to hold for a year or more) then you will pay Zakat on the dividends distributed by those stocks (shares) when paid, if they are more than Nisab.
  • If you are an active trader, or have an active portfolio in a mutual fund, then you will pay Zakat yearly on the market value of the stock (share) or the portfolio, as well as the dividends.
  • If you sell these stocks (shares) during the year, you will add the amount received from sale to your liquid assets and pay Zakat according to general rules of Zakat.

This is the method prescribed the Fiqh Academy of the OIC and is generally prescribed by most scholars who are specialists in the field.

Is Gelatin Halal? What about Bovine sources?

gelatinOsman asks:

“Is gelatin Halal? What if it is from a bovine source but not slaughtered according to sharee`ah”

Answer:

Gelatin, as far as my research has gone, does not go through a chemical or molecular change in which it is modified into another substance.

Read more →

Zakat on Pension and Retirement Plans

pension and retirement plansYou may not have a 401k plan or an IRA, but instead a more traditional pension. If this is the case, you are not alone, and like many other people are asking yourself:

Do I have to pay Zakat on my pension or retirement plans?

The answer:

Investopedia defines a pension plan as:

A type of retirement plan, usually tax exempt, wherein an employer makes contributions toward a pool of funds set aside for an employee’s future benefit. The pool of funds is then invested on the employee’s behalf, allowing the employee to receive benefits upon retirement. Read more →