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Asr 04:11 PM
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Ramadaan 1438 commenced in South Africa after Maghrib on 26 June 2017: Click here for calendar

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Jun 24, 2017
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Q: I was married in 2013. Shortly afterwards, I developed an ulcer which my in-laws took to be cancer. Even while I was in hospital, they started to threaten me and asked for divorce. They threatened to implicate me in a dowry case, make everyone go to jail and get all our property to be sold. After a lot of requests, they met my surgeon who had done that surgery. When they found out after meeting him that I honestly did not have cancer and I was telling the truth, they agreed to continue the marriage relationship depending on some conditions. They gave us 15 days time. An agreement had been reached between us. We were ready to meet every condition. But two days later, they called me to say that they will terminate the relationship as they had found another groom, who happened to be my wife’s ex-boyfriend. After that, they came and intimidated me when I was alone in the house. Everyone in my family had gone to the hospital as my brother-in-law was sick. They surrounded me on all sides and threatened me and frightened me into signing on a piece of paper. While I did sign on the paper, I did not say anything aloud. I was seriously ill and in bed-rest. I was alone in the house while they had several goons. As a result, I could not fight and had to sign out of fright. I would have been implicated in a dowry case if I hadn’t signed and would have been humiliated. I would have been physically harmed. I was being threatened with the Dowry Case, selling of the house and physical harm. That is why I signed on that paper.

1) Am I divorced now as I have signed on that piece of paper?
2) I had not enunciated any word orally. I only signed on that paper on which “Triple Talaq” was written in order to save myself.
3) My intention was not to go for divorce.

Is my Talaq (divorce) valid or not?

A: According to your account of events, you never intended divorcing your second wife; you had no intention of doing so; you wrote the talaaq under duress and pressure from your first wife and her family. My ruling is, therefore, that the talaaqs you wrote to your second wife were not valid.

You did express an intention to give one talaaq. So if her iddat is still in progress, then as a precaution you should verbally revoke that talaaq. You can do so, preferably in front of two witnesses, by saying: "I have revoked the talaaq given to .... (take the name of the second wife here)" Or " I have taken her back". The nikah between you and your second wife will then still be intact.

If her iddat is over by now then you can still get back with her by making nikah to her again, in front of two witnesses.

Allah knows best. May Allah guide you all, aameen

Aadiel Moosagie (Mufti)
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
www.councilofulama.co.za

 

Q: A person is performing 4 Rakats of  Thuhr Fardh Salaah. After completing the Sajdah of the 4th Rakat, he forgets to sit for the last Qa'dah and stands up for a 5th Rakat. He begins with Qiraat and then realizes his mistake. What should he do?

A:
At the point when he realizes his mistake, he should immediately return to Qa'dah, read Tashahhud, make Sajdah Sahu and then complete the Salaah as normal. [Shaami V 2: P 551]

 

Q: Is it permissible to perform Qadha Salaah after the Fardh of Asr and Fajr?

A: Yes, it is permissible to perform Qadha Salaah after having performed the Fardh of Fajr and Asr. However, with regards to Qadha Salaah after the Fardh of Asr, it will only be permissible before the sun loses its glow. Once the sun becomes pale and loses its glow, it will no longer be permissible to perform Qadha Salaah. This usually happens approximately 20 minutes before sunset.

 

Q: There is so much disunity these days. Is there any easy receipt to attain unity?

A.
Humility and Selflessness
Humility - Regard oneself as nothing
Selflessness – Sacrifice your comforts for the benefit of others.

 

Q: It is necessary for a lady to cover the portion directly below the chin during Salaah?

A:
No. the portion directly below the chin does not have to be necessarily covered in Salaah.  (Shami Vol 1, Pg 409)

 
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Port Elizabeth

2017
Jun
15: Itikaf Starts by Maghrib

26: Eidul Fitr. Subject to sighting of moon

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