Return Policy, Salat in a Church, Marriage, Women Praying Salat-ul-Janazah, Husband and Wife Praying Together, Muslim Imam Performing Christian Wedding
Q 1. Many stores in America have a merchandize return policy. They allow their customers to return the merchandize within one month (and some up to three months) with full refund, even if the item was used. There are some people who misuse this policy. They buy some items with the intention to return them after use within that period. What is the Islamic ruling on this?
A 1. In Islam it is permissible for the buyer to make a condition that he will return the merchandize if not satisfied within a mutually agreed time. This is called in Fiqh “khiyar al-shart”. It is reported in a Hadith that the Prophet -peace be upon him- said, “When you buy something, say to the seller, ‘No deception.’ Then you have a choice for three days either keep the item or return it to the seller.” (Ibn Majah 2346). The jurists say that the seller can extend this period. If the seller agrees to take it back after use also, it is his choice. So basically there is nothing wrong in this transaction as long as it is with the mutual agreement of the buyer and seller. However, it is un-ethical to misuse this option. It should be used only if one is not satisfied with the item for some reason. One should not buy the item with the intention of using and then returning, because that is not purpose of this option.
We should also keep in mind that for big stores this is a kind of advertisement. In this way they attract many customers. So if more customer misuse this policy, the more the merchants will charge. And finally it is the customers that will end up paying for every thing.
Q 2. Is it permissible to make Salat in a church or temple? Is it permissible to pray in a place where there are pictures and statues?
A 2. It is permissible to pray in any place, as long the place is clean (tahir). However, praying in a church, temple or a religious place of any other religion without any necessity is Makruh. It is possible that some people of those religions may not like to see us praying in their place of worship and we should not hurt other people’s feelings. If we have to pray in those places then we should take proper permission from the authorities that govern those sanctuaries. Islam teaches us to respect other people’s places of worship. After the conquest of Jerusalem when the Caliph Umar -may Allah be pleased with him- was visiting a church, the time of prayer came, the people of the church told him to pray there if he wanted. ‘Umar -may Allah be pleased with him- did not say that we were not allowed to pray in a church. He told them that he would not pray there, because he did not want to see Muslims later take other people’s places of worship.
It is not allowed to pray in a place where the pictures or statues are in front of the praying person, unless no other place was available. Sometimes it happens that one has to pray in a university, a hotel, at the airport or some other place and one sees the pictures hanging in the direction of Qiblah. If one cannot find any other place then one should put some Sutrah in front of him and pray without looking towards those pictures. The Sutrah is a kind of shield or cover and it makes a sacred place between the Musallee and the Qiblah. The Sutrah could be a stick, a chair or a stool or anything about one foot high. Once there is a Sutrah, it does not harm the Musallee what is beyond the Sutrah.
Q 3. My wife and I were married in front of a United States Justice of the Peace. She is an American convert to Islam. However at the time of our marriage she was not a Muslim. This is the reasoning for getting married at a courthouse. We have now been married for 3½ years. Is it necessary for us to perform Nikah?
A 3. Your marriage is valid, but it is better for you to have the Nikah. You neglected an important Sunnah and it is good to do it. There are a number of Ahadith that indicate that spouses become Halal to each other (for intercourse) with the name of Allah. Since you did not come together in Nikah with the name of Allah, it is better for you to do it as soon as possible.
Q 4. What is the ruling of Islam on Muslim women praying “Salatul Janazah.”?
A 4. Some people think that Muslim women are not allowed to perform the Salatul Janazah. There is no basis for this belief. Muslim men and women both are urged to offer the Janazah prayers for those who die among them. It is the right of the deceased Muslim upon those who are living that they take good care of the person who passed away. Janazah prayer is a Fard Kifayah for men. It means that it is their collective duty. If a person dies in a community and some people among them perform the Janazah prayer for the deceased, then all others have no blame. But if no one in the community performs it then the sin of this negligence will fall on the whole community. Islam does not insist that women must come out for the Janazah prayer, but if they are available then they should join other Muslims in the prayers. Of course, like other Salat, this Salat also requires Taharah and Wudu. Women during their menses are not allowed to perform the Salatul Janazah.
When we perform the Janazah prayers we do not only seek Allah’s blessings and forgiveness for the Muslim male or female who passed away, but we also receive the blessings of Allah for our own selves. It is important that more and more Muslims attend the Janazah prayers of other Muslims. In a Hadith the Prophet -peace be upon him- said that those who attend the funeral of a Muslim, out of faith and seeking the reward from Allah (i.e. with the sincerity of their hearts) and stay till the prayer is offered and burial is complete, they will return with a reward of two Qirat, each Qirat being equivalent to the mountain of Uhud. (al-Bukhari, Hadith no. 45)
Q 5. Can a husband and wife pray together as a Jama’ah? How to perform such prayer? Please explain.
A 5. Jama’ah prayer can be performed by two or more people. The minimum requirement of Jama’ah is two people, an Imam and another person, whether a man, woman or child. It is very good that the whole family pray together, especially in this society where the mosques are so few and most people do not get chance to pray in Jama’at every day. Husband and wife can also make a Jama’at prayer. It is reported by Imam Abu Da’ud that the Prophet -peace be upon him- said, “Whoever wakes up during the night and also awakens his wife and then both of them pray together two rak’ah prayer, their names will be written among ‘those men and women who remembered Allah most’ (referring to Surah al-Ahzab 33:35).” If there are two males praying together in Jama’ah then one of them will be Imam and the other person should stand one step behind at the right side of the Imam, but if the husband and wife are praying together then the wife should stand behind the husband. A male and a female -just two individuals- who are not married to each other or who are not mahram are not allowed to pray together in Jama’ah.
Q 6. I am an Imam in my local community. One of my Christian friends has asked me to perform his wedding. The couples are Christians, but out of their respect for me they want me to perform their wedding. Am I allowed to officiate this marriage? What should be the procedure?
A 7. As long as there exist no factors that would prohibit this couple’s marriage to each other, there is no prohibition for you to join them together in marriage. You will be acting as a Qadi when you perform their wedding. It is permissible for a Muslim to judge between non-Muslims in their family or other cases; so it is also permissible for him to bring them together in marriage.
You should perform the wedding in the name of Allah. Remind them to be good to each other and make a good family. Have at least two witnesses for this marriage and pray to Allah to bless them and guide them to the right path.