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DAILY FIQH

Question: If a person cannot remember whether or not he has Wudhu - what should he do?

Answer: There is a principle in Islamic jurisprudence which is: 

اليقين لا يزول بالشك

“Certainty is not lifted by a doubt.” (Al Ashbah Wan Nadhair p.60)

If one is certain about having made Wudhu and cannot, with certainty, recall breaking that Wudhu, he will be considered to be in the state of Wudhu.

On the contrary, if a person recalls breaking Wudhu and doubts as to whether or not he performed Wudhu after that, he will be considered to be without Wudhu.

And Allah Knows Best

Yusuf Moosagie 

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DAILY FIQH

Question: If a person cannot remember whether or not he has Wudhu - what should he do?

Answer: There is a principle in Islamic jurisprudence which is: 

اليقين لا يزول بالشك

“Certainty is not lifted by a doubt.” (Al Ashbah Wan Nadhair p.60)

If one is certain about having made Wudhu and cannot, with certainty, recall breaking that Wudhu, he will be considered to be in the state of Wudhu.

On the contrary, if a person recalls breaking Wudhu and doubts as to whether or not he performed Wudhu after that, he will be considered to be without Wudhu.

And Allah Knows Best

Yusuf Moosagie 

Subscribe to  Daily Fiqh WhatsApp service by sending a message to +27 72 071 3684

 

Join the Daily Fiqh Telegram channel  https://t.me/DailyFiqh

DAILY FIQH

Question: Is it permissible for a shop keeper to sell to a customer an item that he does not have in stock?

Answer: The general principle is that one is not allowed to sell something that you do yet possess. 

However, if the shop keeper informs the customer that he does not have the item in stock and together with giving him a complete description of the item he also fixes a time for delivery - then it will be permissible. (This is termed as Salam transaction according to the Islamic Laws of commerce)

وَأَمَّا نَهْيُهُ عَنْ بَيْعِ مَا لَيْسَ عِنْدَهُ فَهُوَ أَنْ يَبِيعَ مَا لَيْسَ فِي مِلْكِهِ، ثُمَّ مَلَكَهُ بِوَجْهٍ مِنْ الْوُجُوهِ فَإِنَّهُ لَا يَجُوزُ إلَّا فِي السَّلَمِ فَإِنَّهُ رُخِّصَ فِيهِ

الجوهرة النيرة على مختصر القدوري (ج١ص٢٠٣)

And Allah Knows Best

Yusuf Moosagie 

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Question: Is a silent partnership permissible?

Answer: A Silent partnership (Mudarabah) is a type of partnership where one partner outlays his wealth and the other offers his skills on the condition that they share the profits according to mutual agreement.

It should be stated as to how the profits will be shared in terms of percentage. A fixed amount (in Rands/Dollars) of profit cannot be pre stipulated.

If there are no profits or they suffer a loss, then the person who is working will not receive anything and he will not have to pay any compensation for the loss. [Bahishti Zewar 238]

And Allah Knows Best

Yusuf Moosagie 

Subscribe to  Daily Fiqh WhatsApp service by sending a message to +27 72 071 3684

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