Dear Brothers/Sisters,

Thank you very much for joining us in this Fatwa session. We would also like to thank our guest, Dr. Muhammad Salama, for answering the questions directed to him. You will find the answers to your questions below. 

Question 1:

Salamu alaykum  

my question regards is being a real agent haram in the United states. From what i know being a sellers agent (only selling houses) is considered hala and being a buyers agent ( buying people houses), is hala as long as you dont lead them or promote taking an interest based loan. I just wanted clarity on this subject because i dont want to take haram money which comes from riba. Adding on to my question is the commercial real esate market in the U.S which i wanted to get into. In all commercial transactions riba is taking place but as an agent you are not directly involved. If lets say im either selling or buying a property worth 20 million and either the person selling or buying is using interest based loan as almost all people do, is the money i make as commission considered from the interest used in the transaction and haram, or is it separate from it all and considered hala. I appreciate you time and consideration on this. Thank you

Answer 1:

Wa alaykum assalam warahmatullah wabarakatuh

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

In principle, being an agent of a buyer or a seller is permissible so long as the agent does not facilitate a prohibited transaction such as buying a shop to sell prohibited commodities. It is also impermissible for the agent to help one party to get involved in a usurious transaction such as getting a usurious loan to buy a house.  Allah, Exalted be He, said what means “and you shall help one another to virtuousness, and to the fear of Allah. But you shall not help one another to sin and to aggression.”

Allah knows best.

Question 2:

Salamu alaykum wa’ rahmatullah,

We all know that changing your last name due to marriage is not permissible, so a sister has to keep her father’s last name. I wanted to know if a sister can use her husband’s name – or both his and her own – on her Instagram bio or similar platforms without officially changing it, provided that friends and acquaintances know her real name.

Some scholars allow the use of the husband’s name in informal settings, such as on social media, especially if it is clear that it is not an official name change and her true lineage is known to her friends and community. The intention here is key—if it is used simply to show the marital relationship and not to obscure lineage, may it then be permissible?

Could you also please put words into, what the rules are of a woman caring her husband last name? Is it 100% wrong, and not in any cases allowed?

Jazhkallah khair,

Answer 2:

Wa alaykum assalam warahmatullah wabarakatuh

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

Protecting lineage is one of the major objectives of the Shari`ah. Islam has laid emphasis on the necessity of maintaining genuine lineal relationship. Therefore, the Quran has forbidden attributing children to other than their fathers, “[As to adopted children,] you shall call them by [the names that disclose the paternity of] their [natural] fathers. Such [attribution] is fairest [to them] in the sight of Allah.” [33:5]

The Messenger of Allah (peace be upon him) is reported to have said, “One of the enormous lies is to claim falsely to be the son of someone other than one’s real father.” [Al-Bukhari] In another prophetic statement we read the following server warning “Do not forsake your real fathers, for

whoever forsakes his father commits an act of kufr.” [Al-Bukhari]

Accordingly, it is not permissible to identify oneself by using someone else’s family name whether in official documents or for informal activities.

The case in question is not a case of necessity forced by a non-Muslim authority. The alternative is easy. You may identify yourself as, for example: X married to Y.

Allah knows best.

Question 3:

Assalam alaikum,

 I’m planning for Umrah shortly with my family and I wanted to clarify two doubts. We are travelling to Jeddah from India, we have our relatives in Jeddah where we will be staying. Q1. I heard from my relative that we need to stay in Jeddah for 3 days before we perform Umrah? Is that true? Q2. If the answer for Q1 is yes, then can we stay in our relative house for 3 days then can I wear Ihram and perform Umrah. Kindly help me with these questions.

Answer 3:

Wa alaykum assalam warahmatullah wabarakatuh

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

If your primary intention is to visit your relatives and making `Umarh is only a secondary thought, then you may stay first in Jeddah and from there you can make Ihram and go to perform the `Umarh.

However, if your primary intention is to perform `Umrah, you need to make Ihram from the Miqat (Ihram station) when your plane passes over it, or shortly before that, according to the majority of Muslim jurists.

Allah knows best.

Question 4:

Assalamualaikum,

Some website like islamqa said female slave can’t refuse intimacy like wife or else she forfeited her financial rights and also sinful like the wife.She didn’t became slave on her will and some women might have husband and son who died in the war. There is a hadith where some companions of prophet want to do azl with the female slaves they just captured. How would womens want to be intimate with the persons who just captured them just now after the war and if they refuse they are sinful. This answers sounds like forced her to be intimate with the master by the name of allah,financial rights,sin even if she didn’t want.My question is that even if we think that was a norm that time can the master forced intercourse with the slave without her consent as it is rape? If she do all the works the master gave as a slave except intimacy as it is about her honour and she didn’t want to, why she is sinful or cursed like the wife and not giving her food,living or other rights of slave just because she refused to be raped?What If she want to marry with someone else?

Please kindly answer this.After seing this in renowned website I have bad thougts about islam and questioning my iman.Isn’t islam a just religion and respect the dignity of a women?

Answer 4:

Wa alaykum assalam warahmatullah wabarakatuh

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

When Islam came slavery was an already established system across the world. Islam made serious changes to this system. It prohibited all ways of enslaving people except as a consequence of war with non-Muslims, in which case such prisoners of war were meant to became gradually assimilated into the Muslim society and thus be familiar with Islam, which encouraged so many of them to accept Islam.

From the Islamic perspective, to be a Muslim slave (who may also get his/her freedom in a way or another) is better than to be a non-Muslim free person; the former will enter the Paradise and the latter the Hellfire. Besides, Islam has prescribed so many ways for slaves to get their freedom as mentioned in the Quran and the Sunnah.

As for slave women who lived in the houses of their masters, the sexual relationship between a slave girl and her master strengthened her position in the household and granted her additional rights, on the one side, and satisfied her sexual desire in a legitimate way, on the other side.

The Quran and the Sunnah urged Muslims to treat their slaves kindly and not to overburden or abuse them. Usually, the sexual relationship took place in a normal way. Of course, forcing a slave girl to have sex is a kind of abuse against her, but she is still her master’s slave girl and, just like his wife, she may not refuse to satisfy his sexual desire as this is one of his rights.

It is not proper for a man to force his wife to have sex with him, yet she is his wife, and this is his right.

Sometimes a woman gets married under certain social or economic pressures and she does not like the man she is married to, but he has rights on her including sexual intimacy and if she refuses, she becomes sinful.

A slave woman could also get married to a slave or even- under certain conditions- to a free man, in which case her master cannot approach her sexually.

It is noteworthy that the slave girl’s master has to provide for her even if she refuses sexual intimacy with him because he is financially responsible for her.

Allah knows best.

Question 5:

Salams

A question where a man says he takes second wife after 26 years of marriage and when his first wife and three children found out they got angry on him and not listening and mistreating him so he is thinking of divorce her.The answer says this is not a reason to angry with him or refusing intimacy. If she disobey or refuse intimacy, then he is not obliged to spend time and money on her. In this case he can leave her own in the house for spending on food, medical, house bills even if the house she lives is his house and live with the another wife until she obey.According to them She can’t even express emotion,get angry or refuse intimacy even after 26 years of marriage and she is hurt just by saying it’s his god given right.If she continue this divorce her.Many islamic website like islamqa answers these type of question that if a wife disobey her husband specially in intimacy he is not obliged to spend on her even if she has no other way.I am not talking about external demands or expenses.My question is can a husband made her wife starve by not providing food,not provide medical if she is ill,paying house bills by her own even if the house she lives is his as these are needed for survival in the case of disobeying or refusing intimacy?Could she have to manage these necessities for her children and for herself from her family in this situation?

Similar type incident happened in my family.I am conflicted about my iman and bad thoguts are in my mind. Please help me as islam always respect women.

Answer 5:

Wa alaykum assalam warahmatullah wabarakatuh

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

It is true that marrying another wife is not an excuse for the first wife to disobey her husband or for their children to mistreat their father. Disobeying and mistreating one’s parent is an enormous sin as explicitly mentioned in the Quran and the Sunnah.

Still a father has to sustain and provide for his dependent children; otherwise, he would be sinful. The Messenger of Allah (peace be upon him) is reported to have said, “It is enough for being sinful to neglect one’s own dependents.” [Abu Dawoud]

A wife who disobeys her husband and mistreats him is technically called “nashizh (recalcitrant).” Being nashiz deprives the wife of her rights ensued from the marital contract.

Marriage contract entitles both spouses to mutual rights and obligations. Looking for the rights of one party while overlooking their obligations is the real cause of misconception as presented in this question. Until she repents and obeys her husband, a wife should find a way to sustain herself and her husband may not cause her to suffer starvation. This is absolutely forbidden and sinful.

Allah knows best.

Question 6:

Hi. I’m a young adult who is a practicing Muslim, and I’d like to know how a Muslim should interact with transgender people. Should we treat them as their former gender, and follow the opposite gender rulings in Islam accordingly? Please let us know.

Answer 6:

Wa alaykum assalam warahmatullah wabarakatuh

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

In response to this question, I would like to quote the below recommendations made by AMJA’s 19th Annual Imams’ Conference – 2023 : Rulings on Contemporary Medical Issues in Islamic Law:

“It is prohibited to change the sex of healthy individuals, as it is a change to the creation of Allah. Since sex change is prohibited, it is invalid, and it has no effect in matters of prayer, inheritance, marriage, custody, alimony, and most rulings.

A male who has transitioned to female will receive the share of inheritance designated for males, and is not permitted for this person to marry a man. However, it may be permissible for him to marry a woman who has transitioned to a man, considering their original sex.

– An individual who has transitioned from one sex to another is to be treated like an intersex person and those who are not of full sexual capacity in matters of mixing, aligning rows in prayer, and similar issues.”

Allah knows best.

Question 7:

As-salamu alaykum

Please answer the question for the following scenario. Thank you.

There was a person who worked as a solicitor and helped people who were seeking asylum and this person essentially helped these people legally get into our country (The United Kingdom). Some of the people they helped were people who left Islam, some of these people didn’t want to be persecuted by their original country. (They may have left due to being homosexual, etc.) To help these people, this person (the solicitor) needed to ask them about their situation, why they left Islam, etc. and make notes of it.

[1] Would this persons income be halal?



Thank You.

Answer 7:

Wa alaykum assalamu warahmatullah.

In the Name of Allah, the All-Merciful, the Mercy-Giving.

All praise is due to Allah, peace and blessings be upon His  Messenger Muhammad.

Apostates and homosexuals seek asylum in such countries to freely disobey Allah and sow corruption in the earth. Therefore, helping them achieving this goal is categorically prohibited. Allah, Exalted be He, said what means “and you shall help one another to virtuousness, and to the fear of Allah. But you shall not help one another to sin and to aggression.” [5:2]

Allah knows best.

Question 8:

Salam alaikum.

I have noticed a company overpaid me years ago however that company has a new owner. The company name still remains the same. Would I need to return the overpayment to the company or donate to charity due to new owner?

Answer 8:

Wa alaykum assalamu warahmatullah,

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah, peace and blessings be upon His  Messenger Muhammad.

You need to look for the old owner and pay back this additional payment to him. If, after thorough investigation, you cannot find him, you should wait for a considerable period of time and keep the money as a trust with you as he may show up anytime. Finally, you may donate it on his behalf and the reward of this donation will be his.

Still if, after donation, the owner shows up at any time, you have to inform him of what you did and see what his decision will be. If he approves of that donation, this will be fine. If he disapproves of it, you have to pay him back his money and the reward of the donation will be yours.

Allah knows best.

Question 9:

Does Breaking Oath go to Permanent Hell (Major Munafique/ arise pretend to be muslim)

I have Doubt that Does Breaking promise (Oath) go to Permanent Hell forever ??and iit means t by breaking oath for not do certain sins So it will make me go to major munafique during the time our Beloved prophet Muhammad Sallallahu alaihi wasallam and acted like muslim..enimies to islam
And does create ??

I So Scared now that Allah will punish me in Grave and Hell forever and i feel mentally upset with pain.stress tensions please help me .please give the clear answer ..Day by Day I’m getting weak
Allah will Help you all insha allah
I will make Duas Dear all

Jazakallah

Question 9:

Wa alaykum assalamu warahmatullah,

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah, peace and blessings be upon His  Messenger Muhammad.

Breaking oaths and promises is one of the characteristics of the munafiqun (hypocrites). The Messenger of Allah “There are three signs of a hypocrite: When he speaks, he lies; when he makes a promise, he breaks it; and when he is trusted, he betrays his trust.” [Al-Bukhari and Muslim]

Nevertheless, sincere repentance wipes out all one’s sins. The Messenger of Allah (peace and blessings be upon him) said, “One who repents from sin is like one who committed no sin.” [Ibn Majah] Allah has promised to forgive all sins upon repentance saying “”Say, [O Prophet]: O My servants! Those [of you] who have committed [sins in great] excess against their own souls, never despond of the mercy of Allah! For, indeed, Allah forgives sins, one and all. Indeed, it is He [alone] who is the All-Forgiving, the Mercy-Giving.” [39:53]

In fact, the compunction you feel is a good sign and should be a catalyst of such repentance.

Breaking promises does not entail kaffarah (expiation/atonement), but breaking oaths does. Allah (exalted is He) says what means, “Allah will not hold you accountable for unintended vows in your oaths. But He will hold you accountable for what you have [intentionally] bound yourselves to by oaths, the atonement of which is feeding ten indigent people with the average of what you feed your own families; or clothing them; or freeing a human being from bondage. But if one [of you] does not find [such means], then fast three days [instead]. That is the atonement for your oaths, when you swear [and break them]. So guard your oaths. Thus does Allah make clear to you His [revealed] signs, so that you may give thanks.” [5:89]

So, if you broke an oath, you need to pay the kaffarah as mentioned in this verse.

Allah knows best.

Question 10:

 i have been involved in a haram relationship with a catholic girl since the past three years , recently she became pregnant as a result of our relationship, what is the recommended course action in such situation , i have been advised by some to abort the child and leave the girl alone and other say its better to marry her and raise the child .please advice

Answer 10:

Wa alaykum assalamu warahmatullah,

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah, peace and blessings be upon His  Messenger Muhammad.

Zina (fornication) is an enormous sin. A fornicator has to repent sincerely to Allah and to earnestly ask Him for forgiveness resolving to start a new period of chastity and purity.

A fornicator needs also to increase their good deeds to wipe out bad ones. After mentioning a number of grave sins and the punishment that awaits those who commit them, Allah said what means, “Except for whoever repents, and believes, and does righteous deeds. For [the likes of] them, then, Allah will substitute their misdeeds with good deeds. And ever is Allah all-forgiving, mercy-giving.” [25:70]

Marrying a Jewish or Christian woman is only permissible if she is chaste as dictated by the Quranic injunction that reads, “Moreover, [lawful for you in matrimony are] chaste women from among the believers and chaste women from among those who have been given the Scripture before you- provided you have given them their [full dowry] compensation in marriage- not to commit fornication, nor to take them as lovers.” [5:5]

As this girl committed fornication, it is not permissible to marry her unless she becomes Muslimah, for Islam wipes out all previous sins.

As for abortion, Muslim scholars have reached a consensus on the prohibition of aborting the fetus after the life-giving spirit has been breathed into it; that is, after lapse of 120 days as indicated by the Prophetic statement “Indeed, the creation of each one of you is brought together in his mother’s womb for forty days in the form of a sperm-drop, then it becomes a clinging clot for a like period, then a morsel-like lump for a like period. Then the angel is sent to it to blow the life-giving spirit into it.” [Al-Bukhari and Muslim]

The only reason to abort the fetus at this stage is to save the life of its mother.

Before these 120 days, it may be aborted only if trustworthy specialists confirm, through their medical examinations, that it will be born with severe deformation or an incurable disease that will cause constant pain, hardship, and suffering for both parents and their child. Otherwise, abortion is prohibited.

Allah knows best.

Question 11:

Assalamu Alaikum

I suffer from residual urine (urine that keeps dripping for 10 minutes) I was wondering what the solution for this is. Can I make wudu despite the dripping or do I have to wait until it stops?

Answer 11:

Wa alaykum assalamu warahmatullah,

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah, peace and blessings be upon His

Messenger Muhammad.

May Allah grant you quick recovery.

If it is only 10 minutes, you have to wait until the urine stops and then perform wudu’. If time is too short to wait, you can use something like a diaper in order to contain the spread of the najasah. Any impurity discharged thereafter will be pardonable. Then you start to make Wudu’ and perform the salah.

Allah knows best.