Dar-ul-Ifta-Ahl-e-Sunnat
Mufti Fuzail Raza Attari
1. If one does not like the clothing they ordered online
Question: What do the honourable scholars say in this regard: Zaid purchased a set of clothes he liked from the online store of a large brand. The following day, the clothing reached his home via the courier. The online colour of the clothing appeared bright and shiny, but upon examining his order in person, he found the colour to be faded and dim instead. For this reason, Zayd did not like this particular set. Does he have the permission by Shari’ah, to return this clothing, or not?
We found out from the store themselves by making a phone call, that the set we desired was in stock; due to this, an order for its delivery was placed. Upon sending it back, are expenses incurred by the courier required to be paid by Zaid, or is it upon the store to do so?
Answer:
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ
In the situation inquired about, due to Khiyar-e-Ruyah (option of rejecting after inspecting the item), Zayd has full authority to return it, as seeing an image of something, is not like seeing it in reality. When he saw the said clothing in front of him, he disliked it, and he is lawfully permitted by Shari’ah to return it. The expenses for having these clothes returned is under the responsibility of Zayd - he can have it sent back via courier, or in any other way.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Answered by: Maulana Abu al-Hassan Zaakir Hussain Attari Madani
Verified by: Mufti Fuzail Raza Attari
2. Will the prayer be valid if the Imam is in an elevated place?
Question: What do the scholars of the Deen and muftis of the Sacred Law state regarding the following issue: I am fulfilling the obligations of leading the prayers and delivering sermons in a Masjid. In the summer, we pray outside in the courtyard of the Masjid, and I lead the prayer from a platform that is raised by approximately 3 inches. The place upon which the Muqtadis stand is slightly lower. What is the ruling of the prayer in this situation?
Answer:
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ
In relation to those following him, it is disliked for the Imam to be stood at such a point of elevation that leads to distinction. If the elevation is small, then it is Makruh Tanzeehi, meaning that it is not a sin but it is better for the Imam to avoid this. If the elevation is great, it is now Makruh Tahreemi and it is necessary to repeat the prayer. Being elevated by 3 inches is such a low point for there to be a distinction between the Imam and the Muqtadis and therefore, it will be Makruh Tanzeehi.
So, it is better for you to not stand in a different, distinct place from the Muqtadi. If it cannot be avoided and you must pray upon this elevated station, have another row made alongside you of the same height. In this way, the element of dislike will be removed.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Written by Mufti Fuzail Raza Attari
3. The ruling regarding paying fines for absences from school or Madrasah
Question: What do the scholars of the Deen and muftis of the Sacred Law state regarding the following issue: is it permissible for a school or Madrasah to issue fines (financial penalty) when the child is absent? Is it permissible to use that money, which was received as a penalty, on the institute?
Answer:
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ
Whether it be children or adults, a matter of taking a day off or something else, it is not permissible to issue a financial penalty because this is punishment by means of wealth - and this has been abrogated. It is impermissible to act upon that which has been abrogated. Thus, this is a void method of gaining money without any valid Shar’i reason. Allah Almighty has prohibited us, in the Holy Quran, from acquiring the wealth of another through a false method.
Remember, it is completely impermissible for the recipient of the fine to spend that money on the institute etc. Rather, it is obligatory for him to return it to the owner. If the owner is not alive, then he must give it to his inheritors. If the inheritors are not alive, or he does not find the original owner or his inheritors, then he should give it to someone who is declared poor by Shar’iah, without the intention of reward. He cannot make the intention of giving the money as charity, but he can give it in order to gain reward for acting upon a Shar’i ruling.
Warning: Paying the fine from the wealth of a mature individual is impermissible, like mentioned previously. However, if a non-adolescent pays the fine from wealth he possesses, then the ruling of being impermissible becomes more severe. This is such spending that only causes loss to the non-adolescent, because the wealth of the minor is being destroyed without taking anything in exchange. A minor does not have permission from Shari’ah to spend his wealth in this way, even if he is doing so with his own will or with the permission of his guardian. On this basis, the noble jurists have deemed the gift and charity of a minor to be impermissible; it is necessary to return the items even though the act of gifting itself is permissible, whereas here the taking of the said fine has been declared impermissible by Shari’ah. So, taking money from the wealth of a non-adolescent, to pay a fine, is not permissible in any scenario.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Written by Mufti Fuzail Raza Attari
4. I read Surah al-Naas in the first cycle of prayer, what should I recite in the second cycle?
Question: What do the scholars of the Deen and muftis of the Sacred Law state regarding the following issue: if someone recites Surah al-Naas in the first cycle of prayer, what should he recite in the following cycles?
Answer:
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ
To recite the Qur’an in order is necessary, and to intentionally recite it out of order is Makruh Tahreemi, impermissible and a sin. To repeat recitation of one surah in 2 cycles of an obligatory prayer, is Makruh Tanzeehi and is contrary to that which is preferred but not a sin. If it is done out of necessity, then it is not even Makruh Tanzeehi, whilst repeating the recitation of a Surah in supererogatory prayer is not even disliked.
Therefore, in the scenario of the questioner, it is necessary for the worshipper to recite Surah al-Naas again in the next cycle. He cannot recite a Surah prior to it and because this repetition is out of necessity, it is not disliked. However, one should not intentionally recite Surah al-Naas in the first cycle of an obligatory prayer, so he can avoid having to repeat the recitation of the Surah.
Remember, if someone does not recite Surahs in the correct Quranic order, it is not necessary to perform Sajdah Sahw. This is because Sajdah Sahw becomes necessary if one forgets to fulfil one of the necessities of prayer. To recite in order is not from the necessities of prayer, rather it is from the necessities of recitation.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Written by Mufti Fuzail Raza Attari
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