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DAILY FIQH

Question: Does one have to pay Zakaat on a house that is being rented out?

Answer: Zakaat is not payable on a property that is being rented out. As for the rental income; it will be treated as cash on hand.

If the rental income (itself or joined with other cash in ones possession) is equivalent to the Nisaab amount and a year passes on that amount, then the income earned is Zakatable.
ولا في ثياب البدن الى قوله ودور السكني ( الدر المختار ج1 ص 240)
AND ALLAH KNOWS BEST

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DAILY FIQH

Question: After a divorce, who is entitled to custody of the children?

Answer: The mother has the right of custody over her son/s upto the age of seven and over her daughter/s upto the age of nine. Once the boys turn seven and the girls nine, then the father, will be awarded custody over them.

During the period that the mother is awarded custody of the children, she will retain that right on condition that she does NOT, in the interim, get married to a "Ghair-Mahram" (person with whom marriage is permissible) of the children.

If she happens to get married to such a "Ghair-Mahram", she will lose her right of custody and this right will then pass onto the children’s maternal grandmother, paternal grandmother, maternal aunt and paternal aunt, in that order of sequence.

Both parents have visitation rights when the children are not in his/her custody. Visitation rights should be mutually agreed. Apart from the general rule, the overwhelming advantage of the children also plays an integral part in determining the rights of custody.

والام والجدة احق بالغلام حتى يستغني ، وقدر بسبع سنين
والام والجدة احق بالجارية حتى تحيض ( الفتاوى العالمكيرية ج1 ص 456)
And Allah Knows Best

Yusuf Moosagie

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DAILY FIQH

Question: Can a lady experiencing her Haidh (menses) recite Surah Fatiha?

Answer: As a general principle, a lady is not allowed to read or touch the Quraan while she is experiencing her menses.

However, she is allowed to read selected portions of the Quraan (without touching it) such as Ayatul Kursi, Surah Fatiha, Three Quls (Surah Ikhlas, Surah Falaq and Surah Nas), etc, as a form of Dua, Dhikr and for protection.
فلو قرات الفاتحة على وجه الدعاء او شيئا من الايات التي فيها معنى الدعاء ولم ترد القراءة لا باس به ( رد المحتار ج1 ص 293)
And Allah Knows Best

Yusuf Moosagie

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DAILY FIQH Question: Please comment on the following message that is being circulated on social media: "On the 7th,8th 9th and 10th Dhul-Hijjah, make Dua 4 your children, because on these dates Ebrahim Alaihi Salaam made dua 4 his son and Allah accepted it. On the day of Hajj, after Asr read the following: 21 times Durood Ebrahim, 447 time Allahumma Labayk , 21 times Durood and then make Dua, it will definitely be accepted." Answer: The specific virtue mentioned in the above message is not found in any authentic book of Hadith. It is the sole perogative of Allah to give virtues and prescribe for man. We should therefore restrict ourselves to that which has been authenticly conveyed to us. Considering thay the first ten days of Dhul-Hijjah are amongst the best days of the year, we should increase in reciting Duas and Dhikrs that have been prescribed in the Quraan and Sunnah. Furthermore, parents should always make Dua for the guidance and protection of their children. AND ALLAH KNOWS BEST Subscribe to the Daily Fiqh WhatsApp service by sending a message to +27 72 071 3684 Visit www.dailyfiqh.co.za