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Hajj Maqbool & Hajj Mabroor
DAILY FIQH
Question: What does 'Maqbool Hajj' and 'Mabroor Hajj' mean?
Answer: A Maqbool Hajj is an accepted Hajj, for which a person will attain full reward by Allah.
A 'Mabroor Hajj' is a Hajj which was observed correctly, without any deficiencies or violations ( without commiting an act warranting a Damm or Kaffarah).
والقبول المترتب عليه الثواب يبتني على اشياء: كحل المال ولاخلاص كما لو صلى مراءيا او صام واغتاب، فان الفعل صحيح لكنه بلا ثواب (رد المحتار ج2 ص 456)
وهو (اي الحج المبرور) ما لا جناية فيه [ فيض الباري 3/62]
AND ALLAH KNOWS BEST
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Zakaat On House That Is Being Rented Out
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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Custody of Kids
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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Reading Surah Fatiha While In Menses
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
Subscribe to the Daily Fiqh WhatsApp service by sending a message to +27 72 071 3684 Visit www.dailyfiqh.co.za

