Jamiatul Ulama (Council of Muslim Theologians), Johannesburg

Jamiatul Ulama
Online Newsletter
Vol.: 4 No.: 28

29 Rajab 1430 / 22 July 2009

Read the full Newsletter from your browser:
http://www.jamiat.co.za/newsletter/online_newsletter_0428.htm

Weekly Comment

Curiosity Demands Responsibility
The landing on the moon 40 years ago was indeed a momentous occasion. Others supply ‘proofs’ that the “small step for man” was nothing but a “giant hoax.” Their efforts to discredit the lunar landing are testimony that this could not have been a small feat for humankind.

The need to land on the moon was driven by a desire of one superpower wanting to beat another in the space race. It was in the 1960s that the Cold War was just beginning to hot up with high stakes in national pride for a nation that could make it first to the moon.

There are ambitions to land on other heavenly bodies. In our time, planet Mars is often mentioned as a most likely destination. Unmanned missions have been sent to probe and time-tables for landing there are being mooted. A return to the moon’s surface could also be in no way less significant. There hasn’t been a single lunar landing since 1972.

Space programmes do not come on small budgets. Furthermore, success in venturing into outer space has been very erratic. A striking contrast to that is the fact that man’s inquisitiveness remains undiminished.

Scientific frontiers are continuously being breached by research and discovery. With scientific progress has come climatic change that also exposes the fragility of the living planet as an abode of humanity, albeit temporal. However, do we have the requisite responsibility that scientific curiosity demands?

Science should not be driven by materialistic imperatives only. A ‘man- conquering-nature’ attitude has overtones of transgression before the Creator. Rather, advances in science should be driven by the desire to make the planet a better place. A balance should be struck so that humanity lives in harmony with the rest of creation. World events show that the high price for comforts of rich nations paid by exploited lands will eventually destroy all of us.

Humanity is today producing more than what is required. Yet artificially-created bottlenecks in distribution deprive parts of the globe supplies that are in excess elsewhere. In that there is man-made famine.

Humanity is today patenting life-forms in a way that living and things that support life are monetised and commoditised. In that there is a ‘health’ that becomes the preserve of the rich.

Humanity is today gripped in a frenzy of consumer technologies that offers conveniences that make an individual really ‘independent.’ In that there is a being that now depends on mind-altering substances.

Grameen Bank’s Professor Muhammad Yunus recently challenged us when he delivered the Seventh Nelson Mandela Annual Lecture: “If we can go all the way to land on the moon, can’t we go to our neighbour’s house? Is it that impossible?”

It is time to opt out of the rat race and reclaim a humanity that is oft-returning to the Creator.

C O N T E N T S

Summarised Jumuah Bayaan
Question and Answer
Update
Message from the Ameer

I N F O R M A T I O N

Min. Mahr

R 124.18

Mahr Faatimi

R 6,209.04
Zakaat Nisaab R 2,483.61

Words of Wisdom

Hadith of the Week

Charity

Prophet Muhammad Sallallahu ‘alayhi wassallam said: “Each person's every joint must perform a charity every day they comes up: to act justly between two people is a charity; to help a man with his mount, lifting him onto it or hoisting up his belongings onto it is a charity; a good word is a charity; every step you take to prayers (i.e. on your way to the mosque) is a charity and removing a harmful thing from the road is a charity."
(Bukhari, Muslim).

Quotation of the Week

Allah Only


Whoever loved anything else except Allah, spiritually he became dead; and whoever spoke about anything else except Allah, he spoke lies.
(Abu Ali bin Hussain Rahmatullah ‘alayhi)

Point of Reflection

Character Not Stature


Look at a man's deeds, not whether he is tall or short. (Pashto Saying)

 

Q and A

Question:
I am looking for guidance on a Shari’ah compliant lease agreement on property. I own several residential properties and would like to formalise my lease with the tenants based on Shari’ah.


Answer:
In view of the fact that in Islamic law leasing is a contract of exchange, the most important element is that there should be no uncertainty regarding the details of the agreement. As far as possible, things should be mutually agreed upon and put in writing as per the Qur'anic injunction (Al-Baqarah 282).

Among other things the following should be included in the contract:
• The rate at which the premises would be let out as well as the rate of escalation per annum.
• The duration of the lease e.g. monthly or annual
• The time frame for payment of the leasing figure e.g. rent can be paid upfront or after services rendered (end of the month). Bear in mind that in an Islamic contract of lease, the lessee will be obliged to pay rent if he had unrestricted access to the premises but did not utilise it.
• The tenant will not be allowed to carry out any activity to the detriment of the premises without prior consent from the body corporate e.g. unnecessary making of holes in the walls.
• The contract should be free of such conditions that will be to the undue benefit of either party or the premises in this case e.g. the tenant will be responsible for replacing a geyser in the event that such need arises.
• In the event of a dispute arising between the parties, the matter will be referred to a person/organisation agreeable to both parties.

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U P D A T E


Ar Rasheed is Out
The Jamiatul Ulama’s official print newsletter, Ar Rasheed will be available soon in masajid around Johannesburg and other towns in South Africa. The electronic edition is now available for download from this link: www.jamiat.co.za/special/ar1202.pdf

Download a copy now and read articles on spirituality, Islamic heritage and updates of what is happening at the Jamiatul Ulama.


Orlando East Masjid Project
The Jamiatul Ulama is appealing to all Muslims to contribute towards the construction of an Islamic centre in Soweto.

The project is the Jamiatul Ulama’s collaborative initiative with Ikhwana Islamiya in Soweto where construction of the purpose-built structure is nearing completion.

The project, which is under Siddiqi Trust shall comprise of a masjid, an imam's house as well as madrasah classrooms in Orlando East.

Donate generously towards this project. A Prophetic tradition according to Bukhari and Muslim goes: “Whosoever builds for Allah a masjid, Allah will reward him similar to it in paradise."

In another narration according to Imam Ahmad, “Whosoever shares in building a masjid for Allah, even if it is as small as a bird’s nest, Allah will build for him a house in Paradise.”

This is one opportunity for earning thawâb jâriya and a special statement of support for the growing Muslim community in Soweto.

Direct:
Name of Account: Siddiqi Trust
Bank: HBZ Bank Ltd
Branch: Fordsburg
Code: 570105
Account No.: 11 901 121864

Via ABSA:
Name of Account: HBZ Bank Ltd
Branch Code: 632005
Account No.: 0101 323 1601
Ref: 21008105 (MUST Quote. Very Important.)

Via Standard Bank:
Name of Account: HBZ Bank Ltd
Branch Code: 00520508
Account No.: 002 502 410
Ref: 21008105 (MUST Quote. Very Important.)

Kindly fax deposit slip for record purposes to: 011 373 8022

Summarised Jumu’ah Bayaan:

Backbiting
“O you who believe! Avoid much suspicion; indeed some suspicions are sins. And spy not, neither backbite one another. Would one of you like to eat the flesh of his dead brother? You would hate it (so hate backbiting). And fear Allah. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful.” (49:12)

• Major sins are indeed the cause for all misery, evil and torment in this world and the Hereafter. Among the destructive major sins are backbiting and slandering. These two sins were forbidden by Allah through His Messenger sallallahu alayhi wasalam because they sow enmity, evils and discord among people and lead to destruction. They make their perpetrator regret when regret will be of no avail. They cause hostilities between people of the same household and between neighbours and relatives. They decrease good deeds and increase evil ones; and lead to dishonour and ignominy.

• When one reflects deeply over the comparison of backbiting to eating the flesh of one’s brother in the aforementioned verse, it will be enough to keep one away from backbiting. Abu Hurairah radhiyallahu anhu narrated that Rasulullah sallallahu alayhi wasalam asked, ‘Do you know what backbiting is?’ They said, ‘Allah and His Messenger know best.’ He then said, ‘It is to say something about your brother that he would dislike.’ Someone asked him, ‘But what if what I say is true?’ Rasulullah sallallahu alayhi wasalam replied, ‘If what you say about him is true, you are backbiting about him, but if it is not true then you have slandered him.’ (Muslim).

• O Muslims! Guard your tongue from this debasing sin, for whoever guards his tongue from sins and uses his limbs in acts of obedience to Allah, has prospered. Sahl ibn Sa’d radhiyallahu anhu narrated that Rasulullah sallallahu alayhi wasalam said, ‘Who protects his tongue from unlawful utterances and his private parts from illegal sexual intercourse, I shall guarantee him entrance into Paradise.’ (Bukhari & Muslim) Abu Sa’eed Al-Khudri radhiyallahu anhu narrated that Rasulullah sallallahu alayhi wasalam said, ‘When a man wakes up in the morning each day, all parts of the body warn the tongue saying, ‘Fear Allah as regards to us, for we are at your mercy. If you are upright, we will be upright and if you are crooked, we become crooked.’ (Tirmidhi)

• Anas radhiyallahu anhu narrated that Rasulullah sallallahu alayhi wasalam said, ‘When I was ascended to heaven (on the journey of Mi’raj), I passed by a group of people who had copper nails with which they scratched their faces and chests, and I said, ‘O Jibreel, who are these?’ He said, ‘These are those who used to eat other people’s flesh and attack their honour.’ (Abu Dawud) Therefore, O Muslim, do not treat the issue of backbiting with indifference because it is a great sin. Allah says, ‘You considered it a little thing, while with Allah it was very great.’ (24:15)

• Backbiting is so widespread that it has become the topic of people’s meetings and an avenue for expressing their anger, misgivings and jealousy with those who indulge in backbiting believing that they are hiding their own imperfections and harming others. They are oblivious of the fact that they are only harming themselves. This is because on the Day of Resurrection both the wrongdoer and the wronged will stand before Allah and the wronged will appeal to Allah to avenge the wrong done to him, Allah will then give this wronged person from the good deeds of the person who wronged him.

• Rasulullah sallallahu alayhi wasalam said, ‘Usury has seventy something types, the smallest of which is for a man to have intercourse with his mother and the highest act of usury is for a Muslim to attack the honour of his Muslim brother.’ He also said, ‘Whoever protects the honour of his brother, Allah will protect him from Hellfire on the Day of Resurrection.’ (Tirmidhi)

• Gossiping about others is also another vicious type of backbiting. It means carrying tales from one to another with the intention of sowing dissention among them. Allah condemned this deed in the following words, “And obey not everyone who swears much, and is considered worthless. A slanderer going about with calumny.”(68:10-11) Rasulullah sallallahu alayhi wasalam said, ‘The gossiper will not enter Paradise.’

• O Muslims! Fear Allah and take stock of yourselves before you are called to account and weigh your own deeds before they are weighed for you.

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Message from the Ameer of the Jamiatul Ulama

An Evolving Muslim Personal Law
Last week the constitutional court ruled that women in polygamous Muslim marriages could inherit from their deceased husband's estate. Cape High Court judge, Dennis van Reenen, ruled that wives should be treated equally and their rights recognized for purposes of inheritance, where the husband does not leave a will.

The ruling gives rise to the recognition of inheritance rights for women in a Muslim polygamous marriage. It is however also a tacit recognition of actual Muslim polygamous marriages.

Many Muslims and Muslim bodies around the country have lauded the decision and hailed it as ground-breaking .

It is however important to realise that the judgment will form part of a set of laws that would apply to Muslims. This set of laws could develop into an evolving Muslim Personal Law for South African Muslims. Simply put, these decisions/judgments form precedents that would be applicable to all Muslims. The precedents of these individual judgments put together could be considered as a ‘Muslim Marriages Act’, ‘Muslim Law of Inheritance’, or ‘Muslim Personal Law’.

In of this particular case, the judgment was found to be favourable by Muslims and lauded as such. However, judgements that may be considered in a different light will also form part of this growing set of laws that would apply to all Muslims.

It is important to note that, as such, a set of laws that would govern Muslims lives in South Africa is evolving, and there is no input from Muslims on how these laws develop or what they may contain. It is also important to note that the laws applicable to Muslims are evolving in this manner, by default, in the absence of an approved Muslim Personal Law Bill or Muslim Marriages Act, etc.

The reality is that a set of laws relevant to Muslims will come into place. This set of Laws can come into place through a Muslim Personal Law Bill or Muslim Marriages Act, and the like ... or it can evolve on its own – through precedents set in court.

The question is – which would be the preferred manner?

May Allah guide us to make the right decision. Aameen.

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