The Participation in Elections is a Trust and a Constitutional Right

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Summarized Fatawaa

Does smoking break the fast?

Yes, smoking breaks the fast because smoke particles intentionally enter the lungs, which are considered part of the body cavity (jauf).

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

I work overtime after regular working hours and may become occupied with my phone or the work computer for personal matters — what is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

It is obligatory upon an employee to abide by the instructions and regulations governing overtime hours, and equally obligatory to uphold honesty and avoid all forms of deception and dishonesty. Allah the Almighty says {what means}: "O you who have believed, be mindful of Allah and be with the truthful." [Al-Tawbah/ 119]

Whoever is assigned to work overtime must be present at his workplace — even if he has no specific tasks to carry out at that time. In such a case, he should strive as best he can to spend that time in a manner that benefits the institution he works for. If there is genuinely no work for him to do, there is no objection to occupying his time with something beneficial — such as reciting the Holy Qurʾān, reading, or listening to educational lessons — provided he has already completed all the responsibilities assigned to him.

If, however, he does have work to complete, he must spend that time fulfilling it. He may attend to phone calls or other personal matters to the extent that is customarily acceptable, as long as this does not result in delaying or postponing his work. If he delays his work on account of personal preoccupations, the wages he received for that wasted time are not lawfully his to keep, and he is obliged to return the equivalent amount to the institution by whatever means available to him. And Allah the Almighty knows best.

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The Participation in Elections is a Trust and a Constitutional Right

Author : The General Iftaa` Department

Date Added : 11-11-2020

The Participation in Elections is a Trust and a Constitutional Right

Participating in parliamentary elections is legitimate, in addition to being a constitutional right, a national duty and a trust, which a citizen should preserve and deliver properly. It is also a testimony for which he/she will be called to account before Almighty Allah since He Says (What means): "Their testimony will be recorded and they will be questioned." [Al-Zukhruf/19].

A voter should be keen on electing the strong and trusty candidate because Allah Says (What means): "Said one of the (damsels): "O my (dear) father! engage him on wages: truly the best of men for thee to employ is the (man) who is strong and trusty...." [Al-Qasas/26]. Consequently, whoever votes for a non-eligible candidate betrays the trust of Allah and His Messenger and misappropriates knowingly things entrusted to him/her. This is attested to in the verse where Allah Says (What means): "O ye that believe! betray not the trust of God and the Apostle, nor misappropriate knowingly things entrusted to you." [Al-Anfal/27].

Members of parliament who have these traits are expected to perform the duties for which they are elected.

Elections provide a legitimate way for the people to elect members of parliament (MPs) and it is one of the Shura mechanisms acknowledged by Sharia, as indicated by extensive evidence from the Quran and the Prophetic Sunnah. Not only that, but the companions had applied this mechanism at the beginning of the history of Islam. Earlier, members of parliament used to be known as "Urafa" (Headmen). The Prophet (PBUH) used to check with them about people`s opinions on public issues where he (PBUH) used to say: "Go back so that your 'Urafa' may submit your decision to us." [Bukhari].

We also remind everyone to follow the health directives in terms of wearing masks, keeping social distance during the electoral process, and following other protective measures to preserve lives and safety of everyone because it was narrated from Ibn 'Abbas that the Messenger of Allah (PBUH) said: "There should be neither harming nor reciprocating harm."

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Summarized Fatawaa

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:

"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.

In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.

Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.

If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)

However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.

Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on saying the basmalah at the beginning of wudu`?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

Saying the basmalah (Bismillāh) at the beginning of wuḍūʾ is a sunnah. It is stated in al-Minhāj al-Qawīm Sharḥ al-Muqaddimah al-Ḥaḍramiyyah (p. 27): “Its sunnahs include the siwāk, then the tasmiyah (saying Bismillāh), joined with the intention (niyyah), at the start of washing the hands.” And Allah Almighty knows best.