Your Questions Answered (volume 5)

Q. 70: Can a Kafir Inherit a Muslim?

If my sister and my half brother remained as they are now, without becoming Muslems, will they have the right of inheritance on me if I die? I have my half brother (by my mother) who is a Christian Has he any right on me as my relative?

A .Kafir does not inherit a Muslim. Moreover, brother or sister is not entitled to inheritance if the deceased has left father, and/or mother, and/or a son and/or a daughter.

Q. 71: DIVISION OF A DECEASED WOMAN'S ASSETS

How should the gold ornaments left by a woman be destributed between the surviving husband, mother and father respectively. Your guidance, based on Shi'a Ithna'asheri Law of inheritance, is kindly solicited. A. If the deceased has not left any child of her own, and there are no agnate or consanguine brothers, then the estate will be divided as follows:

Husband - one-half

Mother-one-third Father- one-sixth.

For your information, you may find this division In the verses 11 and 12 of the chapter 4 (The Women) of the Qur'an; and also in the ruling No. 1733 of Ayatullah al-Khoul (vide Minhajus-saleheen, vol.

Q. 72: DIVISION OF AN ESTATE

My wife died and she has left Shs. 36,000/= cash; and she has left the following:

(1) Father, (2) Husband, (3) 2 sisters, (4) 4 daughters and (5) 3 sons. I shall be grateful if you will guide me as to how to distribute the amount according to Shi'a law.

A. I was sorry to learn about the death of your wife. May Allah give her high place near 14 Ma'sumeen (a.s.).

As for the division of the money left by her, it is as follows: Husband will get one-fourth; father one-sixth; and the balance will be divided among the sons and daughters - a son getting twice as much as a daughter. Sisters will get nothing. She has left Shs. 36,000/-. Therefore, the final figures will be as follows:

Q. 73: MEMBERSHIP OF A SUNNI-RUN INSTITUTION

Is it right for a Shi'a to be a member of a Jamaat under Sunni leadership? A. Yes, if the aims and objects of that association are common and not sectarian.

Q.74: ABANDONED GOLF BALLS AND TEES

When we go and play golf, we often pick up tees (a peg used in golf to raise the ball while hitting) which have been lost by other players. We too sometimes lose our tees and expect other people to find and use them. Does this mean that the tees we pick up are'ghasbi'?

On the golf course the caddies (people who carry your cart during the game), ask us to buy their balls which they have found lost by other people. Can we buy these? Please take into account that we lose our balls quite often and also that the caddies put a lot of effort in looking for these balls before selling them.

A. It depends on the value of the said tee or ball. If its price is less than that of 2 grammes of pure silver then the finder may become its owner and treat it as his property. Then if the original owner comes to claim it, he is entitled to it provided the thing is extant but if it is used up or lost again, then there is no responsibility on the finder.

If the price is equal to, or more than that of two grammes of pure silver, and it is difficult to ascertain who the original owner is, then the finder may treat it as his property, but he will be responsible to pay its price to the original owner, if he is found. If it is definitely known that the original owner has abandoned it then the finder may treat it as his own property, and the original owner has no right to claim it or its price.

Q. 75: SHAVING HAIR ON HANDS AND FEET

Is it Sunnat or recommended to shave or trim the hair growing on the hands or feet of a male person? Why? A. No. it is not sunnat.

Q. 76: ABOUT BARNABAS AND HIS GOSPEL

I received a copy of the gospel of Barnabas, published by M/s BEGUM AISHA BAWANY WAKF. KARACHI, PAKISTAN. The publisher in his front page presentation has written; "About Barnabas the commandment is 'if he comes onto you receive him'. The publisher refers to the Epistle to the Colossians, Ch. 4 Verse 10.

A Christian friend has told me that the Gospel of Barnabas is rejected by the Christian world because Barnabas was not inspired by God. I challenged him to the above reference.

The first Bible we got, read:- "Aristarchus who is in prison with me sends his greetings and so does Mark the cousin of Barnabas. (You have already received instructions to welcome Mark if he comes your way)."

I was shocked and embarrassed. I forced my friend to bring a different edition and there was no difference in the text with the brackets maintained.

A. Bilal Trust of Pakistan has sent your letter to me for reply. You have written that the publishers of the "Gospel of Barnabas" have written 'in their first page presentation: "About Barnabas the commandment is 'if he comes unto you receive him" The publishers have referred to the Epistle to the Colossians, chapter 4 verse 10. Also that a Christian showed you a Bible which says "(you have already received instruction to welcome Mark if he comes your way)".

I checked the quotation given by the publishers of the said "Gospel" in the King James version of the Bible which is the oldest and even now the best English translation of the Bible. It says:" ... and Marcus, sister's son to Barnabas (touching whom you received commandments: if he comes unto you, receive him)."

It appears that the Pakistan publishers have related the pronoun "whom" to Barnabas, while the writers of the Bible (which was shown to you) have substituted the pronoun with the noun "Mark." Thus the argument can never be brought to its end. They should not have replaced the pronoun with the name.

However, I would advise you not to put too much reliance on the said "Gospel",as its authenticity is open to question.Its manuscript in Italian language was found in the imperial library of Vienna (Austria). Lonslade Ragg and Laure Ragg edited and translated it into English, which was published by the Clarendon press,Oxford in 1907.The translators had written a preface, in which they had tried to show that the manuscript was spurious, not genuine.

The muslim publishers (of South Africa and Pakistan) have omitted that preface entirely which they should have not done.The best course would have been to print the preface and then reply to its arguments.

There are many books which give an authentic picture of Christianity. By a copy of this letter, I request M/S Bilal Trust of Pakistan to send you a copy of "Dimensions of Christianity", which was published by "Islami Mission, Sant Nager, Lahore." It may prove useful to you.

Q.77: IS MARRIAGE MARRIAGE?

A

A. No, in Islam the spoken words of a person are more important. If a man and a woman or their authorised agents recite the formula of Nikah, marriage takes place without any need of a written certificate. It is, of course, advisable to get a certificate from the reciter of Nikah, to avoid possible difficulties in future.

Q. 78: A. Yes.

Q. 79: IS VASECTOMY ALLOWED?

In your book "YOUR QUESTIONS ANSWERED" volume I, page 49, question number 105, on recognition of family planning by Islam, the answer is not detailed except that abortion is prohibited.

Perhaps you might be aware of a less-used method of family planning by males known medically as "Vasectomy". In it a man's "vas deferens" is cut and tied up with a simple operation, to prevent sperms to be included in ejaculation during sexual union. This operation does not interfere with normal sexual pleasure. Is this method of family planning allowed in Islam?

A. No. Vasectomy is not allowed.