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Zakah for a Kidney Transplant (Live Fatwa)

Questions and Answers of a Live Fatwa Session with Dr. Monzer Kahf
MK - Foto

On Sunday, July 01, 2012, we managed to run a successful e-mail based Live Fatwa session on “Milk Bank, Inheritance, & Other Issues” with Dr. Monzer Kahf—the prominent Muslim economist and counselor.

Interestingly, users reacted positively and sent their questions via the Fatwa section’s e-mail address in and ahead of the session’s time. The honorable guest, Dr. Monzer Kahf answered all the questions.

Below you can review all questions and Dr. Kahf’s replies:

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Question 1:

Mohamud Aden

As-salamu `alaykum, Dr. Monzer. First, jazaakum Allah khairan for your ummah service! Allah will certainly reward you for that.

My question is: I live in the U.S. and have bought home through Islamic mortgage financing company. I am satisfied with the deal they gave me. However, I am reluctant to sign up for a very cheap insurance premium to home furnace-air conditioner, and electric appliances. This costs about $120 per year. The insurance company offering this service will troubleshoot my problems and fix if possible; otherwise, I will get some deductible for replacing anything they can't fix. It is a good deal, but I am not how Islamic it is. Just like auto insurances that we Muslims in the West are forced to buy, s this sort of insurance also allowed as a 'daroori' according to Islamic teachings and practice? Again, jazaakum Allah khairan!

Answer:

Dear Br. Mohamud,

Insurance, as offered by Western companies, is controversial. It is true that the majority consider it non-permissible. But there is a wise minority that sees it as permissible provided it is not interest-based and the object insured is permissible. I personally stand for the second view. I believe it is permissible especially when Islamic takaful is not available or not offered at reasonable comparative cost.

For matters that have two views, I believe that the needs (not necessities) make it more to the side of permissibility. Accordingly I believe that all Muslims in America must take insurance especially, medical, home, and other needed insurances, of course in addition to anything which is obligatory by laws.

Let us pray to Allah Almighty that a day will come soon when we will have Islamic takaful in America.

Allah Almighty knows best.

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Question 2:

Abdallah – 29 – Male – Canada

Health Care Aide Job

Salam. I wonder if working as health care aide in hospital, senior home halal or haram. The job includes cleaning the whole body of the patient (`awrah).

Answer:

Somebody has to wash clean these people who need help and have no close relatives to help them. This job is halal and always with the Islamic manners of lowering the gaze and perfecting the work.

Allah Almighty knows best.

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Question 3:

Abdul – 39 – Male – Canada

Will

With regards; I have a question regarding the will. A man has two wives; one wife passed away and has two boys and two girls. And the husband passed away as well. The second wife is alive and has three boys and three girls. How should the will be shared among them? Thanks.

Answer:

Dear Br. Abdul,

You mean the inheritance not the will. It is as follows:

Properties owned by the first wife who died during her husband life should be distributed as follows:

Assuming she had no parents: ¼ to her husband, the remaining ¾ should be divided into six equal parts one part for each girl and two parts for each boy, that will make: 1/4 to the husband and to each of the two boys and 1/8 to each of the two girls.

The properties of the husband who then died later, including what is left of the property he inherited from his wife and assuming he had no parents and all children of both wives are his, is distributed as follows:

1/8 to the surviving wife, the remainder is to the 5 boys and 5 girls as two shares for each boy and one share for each girl, that is: 1/8 to the wife, 7/60 to each boy and 7/120 to each girl.

Allah Almighty knows best.tudies

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Question 4:

Nusrat – 39 – Female – Canada

Housing Loans

As-salamu `alaykum. We have been in Canada for over 5 years but still renting because we did not want to undertake a loan and pay riba. We were told about a financing company called 'ijara loans' that basically use the policy of 'rent-to-own'. As always some Muslim friends have voiced concerns and doubts about the concept of ijara loans, saying it is not totally a halal way. I would appreciate if you could look up the website and give your expert opinion in this case. Jazak Allah khair.

Answer:

Dear Sr. Nusrat,

Ijarah loan is a fraud: it asks you to get a riba loan from a bank and transfer the loan to a trust which pays the interest and the trust rents you the house. They missed the point that although, according to Western laws, the trust has an independent legal identity, it represents you according to Shari`ah it is not then different from you. This is the FRAUD of this company.

On the other hand there is the Islamic Housing Cooperative of Canada in Toronto area and there is the Assiniboine Credit Union in Alberta who offer Shari`ah compliant financing based on real ijarah or murabahah.

Allah Almighty knows best.

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Question 5:

Nadia – 35 – Female – Canada

Ham

Salam. I work in a donair and pizza shop which carries all halal meats except the ham that he uses on the pizza is pork unfortunately and I rarely if ever have to touch it but if there is no one around and I need to make a pizza. I will wear my gloves and say astaghfirallah many times. I do pray, alhamdulillah, five times a day and am trying to do better in this world and I am really confused as to whether my job is haram. Please, guide me to make the right decision as these job suites my lifestyle.

Answer:

Dear Sr. Nadia,

Your job is not haram, inshaa’ Allah. You should avoid selling the ham pizza even when you are alone. You need to make this clear with the employer. Selling it with gloves and istighfar does not make the action permissible even when you sell it to non-Muslims.

Make an agreement with the employer that when you are alone ham pizza should be not available. It is haram to sell it. Of course if the owner is Muslim you should also advise him/her to avoid that. There are many pizza shops in the US and Canada which use beef pepperoni.

Allah Almighty knows best.

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Question 6:

Emran – 32 – Male – Canada

Zakah

As-salamu `alaykum. I usually give my Zakat at the beginning of month of Ramadan. I send the amount to back home and my father distributes it accordingly. I am buying an apartment for myself but the handover and the payment is in September. If I calculate my Zakat now, I will have a large amount based on my current asset but all I have will be gone when I have to pay for my apartment. So how shell I calculate my Zakat, as it is now or take in consideration of the payment? Please advice. Thanks.

Answer:

Dear Br. Emran,

If you have already made a contract and a there is debt on you (for the apartment that you buy) on the day of calculating zakah you may deduct the amount of the debt. Otherwise, expectations do not provide for a deduction.

Allah Almighty knows best.

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Question 7:

Adel – 45 – Male – Canada

Donated Milk Bank - Urgent

Salam. My question is urgent, it might affect many people. I am a doctor in Calgary working with new born babies. Now there is a trend in medicine to feed babies born early human donated milk from other lady if a baby’s mother has no milk. Calgary has already a milk bank and the policy in effect. They pool the milk of mothers and sterilize it before giving to the babies. I am a member in hospital committee. Is it acceptable in Islam? We need a fatwa regarding this, so we can refer Muslim parents to it.

Answer:

Dear Br. Adel

If it is technically and procedurally possible to identify the milk provider and focus a number of nursing as known in Fiqh, then we should apply the rule of nursing which create a relation for marriage and women hijab similar to blood relation.

However, if such identification for repeated nursing from the same woman is not possible, I do not see it prohibited if it is determined that it is necessary for a new born baby. This is although the majority of Al-Azhar University professors are against crating such milk banks.

Allah Almighty knows best.

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Question 8:

Mahboob -51 – Male – Australia

Zakah

As-salamu `alaykum. My friend needs kidney transplant and he cannot afford. Can I pay part of my Zakah for his treatment expenses?

Answer:

Dear Br. Mahboob,

Yes, of course, it is permissible provided you are not buying kidney from a living person as many people do in India. Selling and buying organs is prohibited in Shari`ah and a Muslim must not exploit the need of a poor person to buy his/her kidney.

Allah Almighty knows best.

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Question 9:

Yusuf – 32 – Male – Canada

Working Out at Gym

Is it haram to workout at gym that has females and males if though the intention is just to work out? Also, in the facilities, the men's locker room only has open showers. Is it haram to shower in an open area showers?

Answer:

Dear Br. Yusuf,

Exercising in such places where there are other persons, males or females, who have parts of their bodies  (which should be covered according to Shari`ah) uncovered is really problematic.

Under extreme circumstances where they are few and one can lower one’s gaze, I cannot claim that it is haram. This is only for persons who live in Western countries environments where it is difficult to find male only places of exercise. Showering naked is not permissible.

Of course one can avoid this and most of such clubs open for extended hours that one can go at odd times when there are almost no females.

Allah Almighty knows best.

The editor of OnIslam Live Fatwa service.

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